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Home , Darius Goes West, Jack Kemp, New Carissa

11388 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 SENATE—Monday, May 4, 2009

The Senate met at 2 p.m. and was SCHEDULE No American will penalize the ad- called to order by the Honorable MARK Mr. REID. Mr. President, following ministration for putting safety over R. WARNER, a Senator from the Com- leader remarks, if any, there will be a symbolism. Europe should not either, monwealth of Virginia. period of morning business for up to 1 since it has been far more critical than hour with Senators permitted to speak helpful. It is increasingly clear that PRAYER therein for up to 10 minutes each. working through the problems related The Chaplain, Dr. Barry C. Black, of- Following morning business, the Sen- to Guantanamo will require time and fered the following prayer: ate will resume consideration of the close consultation with Congress. The Let us pray. mortgage fraud legislation. At 5 p.m. Senate voted 94 to 3 against sending de- O, holy God, who has taught us to there will be up to 30 minutes of debate tainees to American soil even if only to place our confidence in You, give the equally divided and controlled between prisons. Let me say that again. The Members of this body the power of Senators DODD and VITTER or their des- Senate voted 94 to 3 against sending de- Your wisdom. In all their duties, em- ignees. At 5:30, the Senate will vote on tainees to U.S. prisons, not to mention power them to be loyal to You and obe- Vitter amendment No. 1016 and, fol- the possibility that they would simply dient to Your precepts. Infuse them lowing that vote, 1017. The second vote be released into neighborhoods. Sec- with faith to believe that You are will- will be 10 minutes in duration. retary Gates has conceded that no one ing to help them solve the problems Last week the managers of the bill wants these detainees in their commu- they face when they place their trust were able to reach an agreement to nities. in You. Lord, be their abiding reality limit the number of amendments to the The legal authority for releasing and lead them into the paths of loving bill. It is my understanding that all trained terrorists is in question, a con- cern the administration hasn’t publicly service, as they strive to honor You. amendments will not be debated and addressed at all. The administration Open their eyes to the many things voted on here. But we will wait and hasn’t decided if it will use the mili- they can do to accomplish Your will. see. We hope to consider the remaining tary commissions process that Con- Today, Lord, we thank You for the amendments on the list today and to- gress passed on a bipartisan basis at life and legacy of former Congressman morrow so we are able to finish passage the suggestion of the Supreme Court. Jack Kemp. Comfort all who mourn his of this bill tomorrow. We will work as late as necessary to- Finally, the administration hasn’t death and give them Your peace. said how it plans to deal with the prob- We pray in Your great Name. Amen. morrow to do our best to complete the legislation. lem of terrorists we release returning f Mr. President, I suggest the absence to the battlefield even, even as DOD of a quorum. has confirmed that 18 of the prisoners PLEDGE OF ALLEGIANCE The ACTING PRESIDENT pro tem- we released have returned to terrorism The Honorable MARK R. WARNER led pore. The clerk will call the roll. and that at least 44 are suspected as the Pledge of Allegiance, as follows: The legislative clerk proceeded to having done so. call the roll. The American people want to keep I pledge allegiance to the Flag of the of America, and to the Repub- Mr. MCCONNELL. I ask unanimous the terrorists at Guantanamo, out of lic for which it stands, one nation under God, consent that the order for the quorum their neighborhoods and off the battle- indivisible, with liberty and justice for all. call be rescinded. field. At this point, the only way we The ACTING PRESIDENT pro tem- can assure them that neither one of f pore. Without objection, it is so or- these things will occur is for the ad- dered. APPOINTMENT OF ACTING ministration to keep this secure facil- PRESIDENT PRO TEMPORE f ity open until it develops a sensible GITMO plan for the Congress to evaluate. We The PRESIDING OFFICER. The remain a nation at war with ground clerk will please read a communication Mr. MCCONNELL. Mr. President, forces in Iraq and . Despite to the Senate from the President pro with the administration still unsure of disagreements over the best way to tempore (Mr. BYRD). what to do with the detainees at Guan- combat international terrorism, the The legislative clerk read the fol- tanamo, Attorney General Holder has truth remains that we haven’t been at- lowing letter: described its arbitrary closing date as tacked at home since 9/11. That is a U.S. SENATE, one of his most daunting challenges. record we wish to continue. Maintain- PRESIDENT PRO TEMPORE, Secretary Gates said some would be re- ing a safe and secure way to detain ter- Washington, DC, May 4, 2009. leased or transferred overseas, some rorists is a critical part of protecting To the Senate: tried in American courts, and the ad- Under the provisions of rule I, paragraph 3, the American people. ministration doesn’t know what to do I yield the floor. of the Standing Rules of the Senate, I hereby with 50 to 100 who can’t be released or appoint the Honorable MARK R. WARNER, a tried. Clearly, the administration lacks f Senator from the Commonwealth of Vir- a plan and a safe alternative for closing RESERVATION OF LEADER TIME ginia, to perform the duties of the Chair. ROBERT C. BYRD, Guantanamo. Let me make a sugges- The ACTING PRESIDENT pro tem- President pro tempore. tion. The administration should recon- pore. Under the previous order, the sider its arbitrary deadline on Guanta- Mr. WARNER thereupon assumed the leadership time is reserved. namo, as it has reconsidered its com- chair as Acting President pro tempore. f mitment to arbitrary withdrawal dead- f lines in Iraq. Once the administration MORNING BUSINESS has a plan to safely detain, prosecute The ACTING PRESIDENT pro tem- RECOGNITION OF THE MAJORITY or transfer these detainees, Congress pore. Under the previous order, the LEADER should be consulted and briefed to Senate will proceed to a period of The ACTING PRESIDENT pro tem- evaluate the proposal. With no safe al- morning business for 1 hour, with Sen- pore. The majority leader is recog- ternative, this is the only sensible ap- ators permitted to speak for up to 10 nized. proach. minutes each.

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

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11389 The Senator from Missouri. Opportunity, [Kemp] argued, is the most naturally long. It is difficult to imagine his important measure of economic justice; cap- bounding arrivals, his shaken-gravel voice, f italism is perfected by the broadest possible his juice and joy, all stilled and ended. But IN MEMORY OF JACK KEMP distribution of capital; and economic free- there it is. Mr. BOND. Mr. President, I come to dom and political freedom are inseparable. Generations of young conservatives—most the floor to celebrate the life of a great Jack was well known for saying: of us no longer young—were drawn into Jack’s orbit (I worked for him briefly in the The best way to oppose a bad idea is to re- American, Jack Kemp. 1990s as a speech-writer). We were attracted, place it with a good one. Jack Kemp was many things to many in one way or another, to Jack’s ‘‘bleeding- different people. Probably everyone You see, Jack was more about solu- heart conservatism,’’ with its mix of eco- knows the basics about Jack. He was a tions than party labels. It is that prag- nomic opportunity, social inclusion and player, a Member of Congress, matism and willingness to work across ebullience. We came to love Jack’s gracious a Cabinet Secretary, and a Vice Presi- the aisle to solve problems that all of wife, Joanne, and his accomplished children. dential nominee. Perhaps he was best us would be well advised to embrace We hoped and expected that Jack would be- known as the coauthor of the Kemp- today. As a self-described bleeding come president of the United States. In the Roth tax cuts that were the basis of end, he lacked the consuming focus that heart conservative, there are so many quest requires. But in his passion for ideas— the Reagan economic plan that examples of Jack Kemp doing that. brought progress out of prosperity and and in the affection he inspired—Jack was Jack worked across the aisle on some the most influential modern Republican who stagflation. of the most important issues of our never became president. Today’s Wall Street Journal said time, from civil rights to safe housing Jack believed that ideas—not interests or about Kemp: for all families. It was Jack who, along political deals or public passions—rule the He was among the most important Con- with the esteemed Dr. Benjamin world. In this sense, he strangely resembled gressmen in U.S. history. He wasn’t powerful Hooks, brought to the national stage idealists such as Hegel or Marx, who dis- because he held a mighty post, and he never cerned hidden, powerful currents beneath the served in the House majority. He helped to the scourge of lead paint poisoning surface of history. For Jack, that force was transform the Republican Party though he which was afflicting children and fami- liberal democratic values’’ (small ‘‘l’’ and was never its Presidential standard-bearer. lies in many of our cities, particularly small ‘‘d,’’ as he invariably added). Economic His influence sprang from the power of his older ones. Exposure to lead, particu- freedom, in his view, provides the poor with ideas, and from the sincerity and enthusiasm larly by young children, was causing a hope beyond the dreams of socialism or with which he spread them. learning disabilities, behavioral prob- large ‘‘L’’ Liberalism—the hope of becoming To millions of Americans, he was lems, slowing growth, and possibly wealthy themselves. Opportunity, he argued, much more than a football player, Con- causing seizures, coma and, in some se- is the most important measure of economic justice; capitalism is perfected by the broad- gressman, and candidate. For minori- rious instances, death. ties who suffered from discrimination, est possible distribution of capital; and eco- Jack Kemp and Dr. Hooks gave this nomic freedom and political freedom are in- Jack was an olive branch from a party avoidable tragedy a face and a very that too often ignored them. As a quar- separable. powerful voice. Thanks to their advo- This belief in the power of ideas removed terback and as leader of the football cacy, Senator MIKULSKI and I launched all rancor from Jack’s political approach. players union, he championed the a $50 million initiative to remove ex- Everyone fell into one of two categories: con- cause of African-American ball players posed paint in targeted neighborhoods. vert or potential convert. He seemed to be- and fought against segregation. For What started as an idea and a mission lieve that if he had just an hour—better yet, the poor struggling to rise above their three hours—with anyone, he could change is now a more than $300 million pro- circumstances in the inner city, Jack their mind by the force of his ideas. So he gram that has helped countless chil- was hope for a better future. He pro- gave nearly everyone the benefit of the dren and their families. But this is just posed empowering tenets in public doubt. He assumed goodwill on the part of one example of the ideas that Jack, his opponents. And he became the rarest housing, offering vouchers for housing with his tireless advocacy, turned into kind of public figure—a conviction politician and education. For hard-working fami- action to improve the lives of the most who was also a peacemaker. lies who wanted more freedom from vulnerable and needy in our country. The direction of Jack’s career was set by Government, Jack was a crusader for Jack’s extraordinary life has made a two events. In the 1960s, he saw the Amer- their cause. He believed everyone, espe- ican civil rights movement from the perspec- lasting impact on the generations of cially those in inner cities, should have tive of sports. As a and leader of an opportunity to participate in our conservatives he inspired, on the Re- the League players economy. His idea of enterprise zones publican Party, on the national debate, union, he stood up for African American has expanded and developed into many but, most importantly, on the count- teammates victimized by segregation on their travels. The experience left a deeply different areas of providing opportuni- less lives and communities which have benefited from his powerful ideas being rooted impatience with bigotry. ties for those caught in circumstances For this reason, Jack criticized the fail- in which they would otherwise have put into action. To Joanne and the rest of the Kemp ures of urban liberalism—the high-rise hor- none. rors of the projects, the economic desolation Jack was all these things and more. family, Linda and my thoughts and of the inner city, the schools that betray mi- Today Jack serves as a role model, I prayers are with you. We shall always nority students without consequence. He be- believe, for the future of our party. remember and treasure the memory of came the nation’s leading advocate for edu- Known as the happy warrior, Jack al- Jack Kemp and the great contributions cational vouchers, housing vouchers and en- ways focused on the positive. he made. terprise zones—applications of his philos- Don’t get me wrong, Jack never shied I ask unanimous consent to print in ophy of freedom to the needs of the poor. But away from a fight, and I know that in the RECORD a copy of the Wall Street Jack was nothing if not consistent. The same impulse led him to assert that the a couple instances. He called out his Journal piece entitled ‘‘Capitalist for the Common Man’’ and the Washington party of Lincoln would never be healthy or fellow party members for protec- complete without the support of African tionism and anti-immigration efforts, Post column by Michael Gershon enti- Americans—and to oppose outbreaks of anti- believing they were wrong for this tled ‘‘Head and Heart.’’ immigrant sentiment among Republicans, country and for the opportunities we There being no objection, the mate- often at political cost to himself. seek. No matter how big the adversary, rial was ordered to be printed in the The second event that shaped Jack’s career whether it was a linebacker or a power- RECORD, as follows: was a stroke of intellectual lightning in the ful chair, Jack was a fear- [From ] 1970s that became known as supply-side eco- nomics. Jack was an amateur economist of less fighter. But as a happy warrior, HEAD AND HEART: REMEMBERING JACK KEMP broad reading, convinced he knew exactly Jack understood the power of the posi- (By Michael Gerson) the way the world works. National wealth tive. Some deaths make the world feel old, like depends on productivity, which depends on Today’s Washington Post carried an they have stolen a part of youth itself. Nor- low tax rates that reward work, enterprise article by Michael Gershon in which he mally this applies to those who die in their and investment. So as a backbench congress- said: prime. But Jack Kemp’s prime was super- man, he proposed 30 percent across-the-board

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11390 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 tax reductions, persuaded to liberty was even more vital for the poorest to minorities and the poor resulted in a embrace them, and helped spur decades of Americans than for the affluent. political appeal far beyond his conserv- prosperity. Some dispute this version of eco- Importantly, however, and unlike many of ative roots. Finally, Jack was a pas- today’s Republicans, Kemp’s was nomic history. Yet few would recommend a sionate advocate for human rights, return to the 70 percent tax rates and stag- inclusive. Across his career, he ventured into flation of America before Jack Kemp. neighborhoods where Republicans too rarely freedom, democracy, and the military Jack’s ideals and priorities never really tread. His policy innovations included enter- strength to support America’s national changed over the years, as a congressman, as prise zones; public-housing vouchers and a security requirements. Peace through a Cabinet secretary, as a vice presidential free-trade pact for all of North America. Also strength was Jack’s mantra. nominee. This is a contrast to many Repub- like Reagan, he believed that immigrants Three weeks ago, I visited with licans, and former Republicans, who will made America stronger and more vibrant. Natan Sharansky in Israel. Jack had His religious faith was strong but never cen- leave no mark beyond the vague, unpleasant introduced me to Sharansky more than memory of their opportunism. Even in sorious. Kemp’s loquacious optimism was Jack’s absence, we know precisely what he contagious, even if he did sometimes get car- 20 years ago, after he had gotten out of would say: You can’t divide wealth you don’t ried away. the Soviet gulag. I told him Jack was create. Don’t punish the rich, enable every- One historic imponderable is what might ill. He asked me to convey his best one to become rich. Value the dreams and have happened if Reagan had chosen Kemp as wishes. When I left a message on Jack’s contributions of immigrants. Be a happy his running mate in 1980. The idea had sup- phone, I asked his office to confirm he warrior, not an angry one. And let me tell port among the Reagan brain trust, but the had gotten it. A couple days later, you about the . Gipper went with the allegedly safer pick of Jack himself called back, clearly George H.W. Bush as a way to unite the GOP. But as much as we need it, we won’t hear touched by the concern of an old friend that voice again. It left a massive silence Mr. Bush had famously described Kemp-Roth when the bleeding heart stopped. as ‘‘voodoo economics,’’ but Reagan’s success half the world away. I will always made Mr. Bush the front-runner when he de- treasure this last conversation with [From ] feated Kemp for the GOP Presidential nod in Jack. He was still fighting. CAPITALIST FOR THE COMMON MAN 1988. Mr. Bush went on to repudiate Reagan- We will miss Jack: gregarious, in- omics with his tax increase of 1990 and made The scene was a low-rent Manhattan audi- domitable, earnest, always positive. He himself a one-term President. He also passed torium, circa 1978. A young Congressman loved being with his family. He was over Kemp as a running mate in 1988, and by from Buffalo with a raspy voice and rapid de- very proud of his children. He relied on the time selected Kemp in 1996 as livery was debating a liberal from central his vice presidential nominee, the GOP tick- and was supported by his extraor- casting about the necessity of tax-cutting to et was already doomed. dinarily gracious wife of 51 years, Jo- stimulate economic growth and spread pros- Kemp’s ideas and legacy continue to be rel- anne. perity. Here, we thought, was something ex- evant for today’s Republicans, even if few of Similar to sports, politics can be a citing: A politician who could speak about them seem to recognize it. The financial great leveler, even of those who seem the benefits of capitalism for the average meltdown and recession have given President American. The crowd was mainly hostile, larger than life. But whether he won or Obama a chance to revive a policy mix of lost, Jack always kept the faith. And but then Jack Kemp never did confine his higher spending and taxes, intrusive regula- free-market evangelizing only to the believ- tion and easy money. If those policies don’t so it was in the last battle of his life. ers. result in a sustainable expansion—and his- Jack Kemp, No. 15, thank you for Kemp, who died Saturday at age 73, was tory argues that they won’t—then Ameri- your service, your leadership, and among the most important Congressmen in cans will again be looking for other ideas. friendship. May God bless you and your U.S. history. He wasn’t powerful because he Republicans will need to be ready with family. held a mighty post, and he never served in Kempian proposals to address middle-class the House majority. He helped to transform I suggest the absence of a quorum. economic anxieties and revive broadly The ACTING PRESIDENT pro tem- the Republican Party though he was never shared prosperity. The GOP also needs a its Presidential standard bearer. His influ- rhetoric and a demeanor that invite all pore. The clerk will call the roll. ence sprang from the power of his ideas, and Americans to its cause. The Kemp-Reagan The legislative clerk proceeded to from the sincerity and enthusiasm with Message was rooted in ideas but it also ap- call the roll. which he spread them. pealed broadly across ages and incomes be- Mr. KERRY. Mr. President, I ask A celebrated pro quarterback, Kemp was cause of.... unanimous consent that the order for an unlikely intellectual. Yet amid the eco- nomic troubles of the 1970s, he immersed The ACTING PRESIDENT pro tem- the quorum call be rescinded. himself in the details of fiscal and monetary pore. The Senator from Arizona. The ACTING PRESIDENT pro tem- policy. Along with a handful of others, many Mr. KYL. Mr. President, I join my pore. Without objection, it is so or- of whom wrote for this newspaper, Kemp be- colleagues in mourning the passing of dered. came a champion for the classical economic Jack Kemp last Saturday. (The remarks of Mr. KERRY and Mr. ideas that challenged the Keynesian ortho- Jack was ever the quarterback, lead- LUGAR pertaining to the introduction doxy of that time. He also had to mount an ing, inspiring, and winning frequently, of S. 962 are printed in today’s RECORD insurgency inside the Republican Party, it seemed, by sheer optimism and will. under ‘‘Statements on Introduced Bills which for decades had been dominated by In my mind, Jack had three core polit- budget-balancers who saw their fate mainly and Joint Resolutions.’’) as moderating and paying for liberal excess. ical beliefs which he consistently pro- The ACTING PRESIDENT pro tem- Along with Senator of Dela- moted throughout his career. First, he pore. The Senator from Florida is rec- ware, Kemp proposed a 30% across-the-board was a pure enthusiast. He ognized. tax cut. Though the Democrats who ran Con- believed in Adam Smith’s invisible f gress, combined with Old Guard Republicans hand and worked tirelessly to convince to defeat it during the Carter Presidency, a everyone else about the benefits of sup- ORDER OF PROCEDURE GOP candidate by the name of Ronald ply-side economics. Mr. NELSON of Florida. Mr. Presi- Reagan liked what he saw. Reagan largely His many legislative achievements dent, I understand that morning busi- adopted Kemp-Roth as his own, campaigned on it in 1980; and the proposal eventually be- promoting growth through lower taxes ness will run out in 6 minutes. I ask came the basis for the 25% income-tax cuts and less regulation are a testament to unanimous consent that I may speak in that finally took effect in 1983 and became his indefatigable efforts. Jack under- morning business for 10 minutes. the most successful domestic policy achieve- stood that free market theory also en- The ACTING PRESIDENT pro tem- ment of the modern era. The Kemp-Reagan compassed support for what he called pore. Is there objection? policy mix of lower taxes to lift incentives, ‘‘the least of these,’’ a reference to the Without objection, it is so ordered. sound money to break inflation, and regu- subjects of ‘‘The Good Shepherd.’’ He f latory relief to unleash entrepreneurs be- was the original compassionate con- came the foundation for the prosperity of the TRIBUTE TO JACK KEMP 1980s and 1990s. servative, making sure always to pro- . . . and could speak to the concerns of vide a helping hand to the less fortu- Mr. NELSON of Florida. Mr. Presi- union members. His athletic career exposed nate. dent, America lost a good friend when him to men of different races and creeds, and His work to expand housing oppor- former Congressman Jack Kemp passed he developed the conviction that economic tunity as HUD Secretary and outreach away over the weekend at the age of 73.

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11391 He is survived by his wife Joanne, a to Wake Forest University in North Caro- good for mere political or personal advan- marriage of 50 years, his 4 children, and lina: tage. 17 grandchildren. My first thought last week upon learning The party of Lincoln, i.e., the GOP, needs Jack and Joanne have been personal that a 47-year-old African-American Demo- to rethink and revisit its historic roots as a crat had won the presidency was, ‘‘Is this a party of emancipation, liberation, civil friends of Grace and mine over the great country or not?’’ rights and equality of opportunity for all. On years. I will never forget one time; You may have expected your grandfather the other hand, the party of Franklin Roo- Jack was already a great celebrity to be disappointed that his friend John sevelt, John Kennedy and now Obama must when I came into the House of Rep- McCain lost (and I was), but there’s a dif- put forth an agenda that understands that resentatives 30 years ago, in 1979, and ference between disappointment over a lost getting America growing again will require on one of the tax bills I actually had election and the historical perspective of a both Keynesian and classical incentive-ori- the temerity to take him on on the monumental event in the life of our nation. ented (supply-side) economic ideas. But floor. I will never forget the chairman Let me explain. First of all, the election there’s time for political and economic ad- was free, fair and transformational, in terms vice in a later column (or two). of the Budget Committee walking up to of our democracy and given the history of Let me end with an equally great histor- me and saying: You better watch out race relations in our nation. ical irony of this election. Next year, as because he is a fierce debater. Indeed, What do I mean? Obama is sworn in as our 44th president, we he was. He was passionate about what Just think, a little over 40 years ago, will celebrate the 200th anniversary of Abra- he believed in, and he was a strong ad- blacks in America had trouble even voting in ham Lincoln’s birth. I’m serving, along with vocate of what he believed in. That, of our country, much less thinking about run- former Rep. Bill Gray of Pennsylvania, on course, is a quality all of us admire. It ning for the highest office in the land. the Bicentennial Board to was one of the attributes that drew me A little over 40 years ago, in some parts of help raise funds for this historic occasion. America, blacks couldn’t eat, sleep or even President-elect Obama’s honoring of Lincoln to Jack, he reciprocated, and we had a get a drink of water using facilities available in many of his speeches reminds us of how friendship over these last 30 years. to everyone else in the public sphere. vital it is to elevate these ideas and ideals to Clearly, the record has been set. We are celebrating, this year, the 40th an- our nation’s consciousness and inculcate his Jack, of course, was the star quarter- niversary of our Fair Housing Laws, which principles at a time of such great challenges back for the . Before that, helped put an end to the blatant racism and and even greater opportunities. he was with the Chargers, prejudice against blacks in rental housing In fact, we kick off the Lincoln bicenten- and he said that his career in football and homeownership opportunities. As an old nial celebration on Wednesday, Nov. 19, in prepared him well for a career in poli- professional football quarterback, in my Gettysburg, Pa. The great filmmaker Ken Burns will speak at the Soldier’s National tics because he had been booed, days there were no black coaches, no black , and certainly no blacks in the Cemetery on the 145th anniversary of Lin- cheered, cut, sold, traded, and hung in front offices of football and other profes- coln’s Gettysburg Address. On Thursday, effigy in football. Sooner or later, sional sports. For the record, there were Nov. 20, at Gettysburg College, we will have those of us in politics will experience great black quarterbacks and coaches—they the first of 10 town hall forums, titled ‘‘Race, all of those. And how true a statement just weren’t given the opportunity to show- Freedom and Equality of Opportunity.’’ I that is. case their talent. And pro-football (and have the high honor of joining Rep. Jesse He talked about his career in poli- America) was the worse off for it. Jackson Jr., Professor Allen Guezlo and Nor- tics. Jack represented western New I remember quarterbacking the old San man Bristol-Colon on the panel, with Pro- York in the House for 9 terms. He ran Diego Chargers and playing for the AFL fessor Charles Branham as the moderator. championship in . My father sat on President-elect Obama talks of Abraham for President. He served as the Sec- the 50-yard line, while my co-captain’s fa- Lincoln’s view of our nation as an ‘‘unfin- retary of HUD. He ran for Vice Presi- ther, who happened to be black, had to sit in ished work.’’ Well, isn’t that equally true of dent. It is a great loss. a small, roped-off section of the end zone. all of us? Therefore let all of us strive to help The one thing I want to call to the Today, we can’t imagine the NFL without him be a successful president, so as to help attention of the Senate is the letter he the amazing contributions of blacks at every make America an even greater nation. wrote to his grandchildren upon the level of this great enterprise. Mr. NELSON of Florida. Mr. Presi- election of as President. I could go on and on, but just imagine that dent, this is ‘‘A Letter to my Grand- This letter was posted online on Jack’s in the face of all these indignities and depri- children’’ by Jack Kemp on November company Web site. I want you to listen vations, Dr. Martin Luther King could say 44 years ago, ‘‘I have an abiding faith in Amer- 12, 2008, just a few days after the elec- to what he wrote: ica and an audacious faith in mankind.’’ He tion of Senator Obama as President of . . . just imagine that in the face of all described his vision for America, even as he these United States. these indignities and deprivations, Dr. Mar- and his people were being denied their God- f tin Luther King could say 44 years ago, ‘‘I given human rights guaranteed under our have an abiding faith in America and an au- Constitution. CONGRESSIONAL GOLD MEDAL dacious faith in mankind.’’ You see, real leadership is not just seeing Mr. NELSON of Florida. Mr. Presi- Jack continues to write this letter to the realities of what we are temporarily dent, I wish to shift gears from that his grandchildren: faced with, but seeing the possibilities and sad note to a celebratory note because potential that can be realized by lifting up He described his vision for America, even we are approaching the 40th anniver- as he and his people were being denied their peoples’ vision of what they can be. When President-elect Obama quoted Abra- sary of the first landing on another ce- God-given human rights guaranteed under lestial body by human beings. A num- our Constitution. ham Lincoln on the night of his election, he You see, real leadership is not just seeing was acknowledging the transcendent quali- ber of our colleagues have joined me to the realities of what we are temporarily ties of vision and leadership that are always honor two major firsts from the early faced with, but seeing the possibilities and present, but often overlooked and neglected days of America’s space program. potential that can be realized by lifting up by pettiness, partisanship and petulance. As One of those firsts is the lunar land- people’s vision of what they can be. president, I believe Barack Obama can help ing. We have introduced legislation to lift us out of a narrow view of America into bestow the distinguished Congressional That is just one snippet of that letter the ultimate vision of an America where, if he wrote to his grandchildren. you’re born to be a mezzo-soprano or a mas- Gold Medal, the highest civilian award Mr. President, I ask unanimous con- ter carpenter, nothing stands in your way of given by Congress, on the crew of Apol- sent to have printed in the RECORD the realizing your God-given potential. lo 11. Neil Armstrong and Buzz Aldrin entire letter. Both Obama in his Chicago speech, and were the first and second humans to There being no objection, the mate- McCain in his marvelous concession speech, set a footprint on the Moon, while com- rial was ordered to be printed in the rose to this historic occasion by celebrating mand module pilot Mike Collins or- the things that unite us irrespective of our RECORD, as follows: bited above. political party, our race or our socio-eco- In this legislation, which we have A LETTER TO MY GRANDCHILDREN nomic background. (by Jack Kemp) My advice for you all is to understand that termed the ‘‘New Frontier Congres- Dear Kemp grandchildren—all 17 of you, unity for our nation doesn’t require uni- sional Gold Medal,’’ we also honor the spread out from the East to the West formity or unanimity; it does require put- first American who orbited the Earth, Coast, and from Wheaton College in Illinois, ting the good of our people ahead of what’s Senator .

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11392 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 Today at 87 years old, John Glenn is ican character of exploration, whether The ACTING PRESIDENT pro tem- retired from the Senate. He lives in his it is the space program or exploration pore. The clerk will call the roll. home State of Ohio. He retains his into the inner workings of the mind, The assistant legislative clerk pro- home in the Washington, DC, area. We the functions of the body, exploration ceeded to call the roll. get a chance to see John from time to into the climate of this planet, explo- Mr. KAUFMAN. Mr. President, I ask time as he comes back and joins his ration of how we cope each day with all unanimous consent that the order for colleagues on the floor of the Senate. the problems we are facing, our space the quorum call be rescinded. These are pioneers. They are firsts— program being one part of our explo- The ACTING PRESIDENT pro tem- Glenn first to orbit the Earth as an ration which did not start just re- pore. Without objection, it is so or- American. Remember, we got surprised cently. We are a nation of explorers. dered. by the Soviets. They launched Yuri Ga- We did not just start with explo- Mr. KAUFMAN. Mr. President, I ask garin for one orbit, and we did not even ration. This started way back in our unanimous consent to speak as in have a rocket with strong enough history. We had a frontier then. It was morning business for 25 minutes. The ACTING PRESIDENT pro tem- thrust to get into orbit. westward. Now that frontier is in so Shortly after Gagarin, we put Alan many other areas, including space. pore. Without objection, it is so or- Shepard up only into suborbit, followed The space program has given us dered. by another suborbital mission with Gus much to improve life on Earth, from f Grissom. Ten months after Gagarin— fire-resistant material to weather fore- PUBLIC SERVICE RECOGNITION and by this time the Soviets had flown casting equipment, to scratch-resistant WEEK a second cosmonaut, Titof, and he had lenses, to new kinds of laser surgery. It has also given us selfless heroes who Mr. KAUFMAN. Mr. President, today orbited several times—10 months after marks the beginning of Public Service that fateful first human flight, we took put their lives on the line for the ben- efit of all the rest of us and for the gen- Recognition Week. This is a time to a chance. We took that Mercury cap- recognize the hard-working and de- sule that John Glenn climbed into—in- erations to come. It was Armstrong who made that voted men and women who serve in our deed, he had to shoehorn in to get into Federal, State, county, and municipal it, it was so small—put it on top of an first step out onto the lunar dust. It was Glenn who paved the way for the governments. Atlas rocket that we knew had a 20- I wish to make particular mention of percent chance of failure, and the rest rest of Mercury and Gemini and Apollo. It is hard to believe that all these the several programs taking place is history. throughout the week in celebration of Of course, we remember that story. things happened after President Ken- nedy presented a bold challenge before our civil servants and their contribu- There was an indication that John’s tions. I know the Partnership for Pub- heat shield was loose which, had it a joint session of the Congress in which he said: We are going to send a man to lic Service, an organization with a mis- been, he would have burned up on re- sion to highlight our finest Govern- entry. The last radio communication the Moon and return him safely to Earth by the end of the decade, and ment workers and promote public serv- we had as he entered that blackout pe- ice, will be marking the week by riod coming through heat 3,000 degrees that was within a span of only 9 years. The space program became the focal awarding their annual Service to Fahrenheit at reentry that creates a point of the Nation coming together. It America medals. I congratulate the blackout situation for radio frequency, inspired a generation of kids to get ex- medal finalists and thank them for the last thing we heard from John cited about science, math, technology, their excellence in service to our Na- Glenn before he went into that black- and engineering. We have seen that tion. out period was he was humming the generation fulfill President Kennedy’s This is an appropriate occasion to ad- ‘‘Battle Hymn of the Republic.’’ Oh, promise, which was science and edu- dress the subject which is so relevant what words those were when suddenly cation have greatly enriched a new to the way we face the challenges be- we heard: ‘‘Houston, this is Friendship knowledge of ourselves, of our uni- fore us as a nation. These challenges 7.’’ We knew he was alive. verse, and our environment. Life on have shaken the public’s confidence in He paved the way for that extraor- Earth has improved by leaps and our financial markets, in our economy, dinary message back to Earth from bounds from all the spinoffs from the and in our Government. We must work Neil Armstrong in which he said: space program. to restore the public’s confidence. This is one small step for [a] man, one Simply put: We all reap the harvest So many of the solutions being pre- giant leap for mankind. of gains because of exploration and the sented from the rising cost of health This past weekend, I had the occa- pioneering endeavors of brave Ameri- care to the multiple threats from over- sion to join with a number of our cans, such as these whom we honor seas, to the mortgage crisis, rely pri- American astronauts on the induction with this gold medal, the highest con- marily on the work of dedicated and of three more space explorers into the gressional honor. They deserve this dependable civil servants. The Federal Astronaut Hall of Fame. The inductees honor because of their significant con- employees who work day in and day were space shuttle veterans—Pinky tributions to planet Earth. out to better our country, often at Nelson, Bill Shepherd, and Jim I ask our colleagues to join me in great private sacrifice, deserve our Wetherbee. They joined the elite ranks supporting this resolution. There will public’s confidence, and that is what of 70 other legendary astronauts, who be ample opportunity for cosponsor- this speech will be all about. already include John Glenn, Arm- , in addition to those of us who In the post-9/11 era of insecurity and strong, Aldrin, and Collins. have submitted the resolution. following years of political indecision I went to this particular ceremony I yield the floor. I do not have to sug- and divisive partisanship, we are left because I had the privilege of being a gest the absence of a quorum because with an abundance of problems. Our crew mate of Pinky’s, and Bill Shep- the great Senator from the State of honored veterans complain of dimin- herd, otherwise shown as ‘‘Shep,’’ was Delaware is here, and I want him to ishing benefits, while the young decry the rookie astronaut who actually know what a delight and pleasure he is the increases in the cost of education. strapped us in before launch. to serve with. America’s health care system is out- While I was there meeting with and I yield the floor. dated and leaves millions uninsured. seeing these three new astronauts hon- Mr. KAUFMAN. Mr. President, I wish We remain painfully addicted to for- ored by induction into the Hall of to say it is an honor serving with Sen- eign oil, and auto manufacturers re- Fame, I thought about the amazing ator NELSON. I also commend him for quire more public funds to stay afloat. achievements we have made, how his tribute to Senator Glenn and the Some of our challenges rise to a level strong leadership and bold vision has astronauts. As usual, he is right on unseen in decades. changed not the space program but all point. I suggest the absence of a Of course, whenever Americans face our lives. I think about the true Amer- quorum. difficulty, we display that greatest

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11393 trait of our nature. Service to the com- with the peculiarities of the American char- It’s probably because of the value system mon good has been our answer to every acter, but with the fundamental principles of my grandparents instilled in me. There’s not hardship since even before the birth of that society. a lot of financial reward in these jobs. But, our Republic. One would be hard- I, too, was a Federal employee when obviously, the opportunity to serve in a ca- pressed to find any public figure of I worked for 22 years with then-Sen- pacity like this is an incredible honor. note who does not highly invoke the ator , and I can attest as Mr. President, when I was young, it praise of community service and volun- much as anyone that to serve entails used to be that this honor which Penn tarism. responsibility and dedication. During speaks of drew young people by the Indeed, in every neighborhood in all my years in Government work, includ- thousands to careers in our civil serv- 50 States, one can find our citizens ex- ing 13 years as a member of the Broad- ice. A job in Government was a mark of tending their hands in help to their fel- casting Board of Governors, I met so distinction. It was a privilege to be low Americans and to the unfortunate many hardworking, well-qualified, and able to work for the betterment of the throughout the world. Likewise, no one devoted public servants, most of whom American people. However, in recent can refrain from honoring the service will not be recognized individually by years, that honor has been eroded by the public for their important con- and sacrifice of our brave men and the misconception that our civil serv- tributions. women in uniform. Their dedication ice is growing beyond measure and con- The American people collectively put and diligence ensure our safe borders sists of those in Washington who are their faith in all who work in Govern- and sustain our liberty. The hard work out of touch with ordinary Americans. ment, from those elected to the highest of our servicemembers is rightly con- But I say this characterization is com- offices, to those, like Faulkner, work- gratulated. pletely untrue. But, Mr. President, there are those ing part-time for an hourly wage. Our who give so much of themselves and esteemed predecessor in this House, The number of Federal employees often so many years of their lives, yet Henry Clay of Kentucky, once declared: today has not grown significantly larg- receive hardly any share of recogni- Government is a trust, and the officers of er than its size in the 1960s. In fact, 85 tion. In the recent past, the disparage- the government are trustees; and both the percent of all Federal employees live ment of our Federal employees—the trust and the trustees are created for the and work outside of Washington. They greatest civil servants in the history of benefit of the people. are ordinary Americans, yet they per- our republican government—has be- Senator Clay could not have been form extraordinary work. come sadly commonplace. Diminishing more correct. Those who serve the Re- As De Tocqueville observed more their contribution to this Nation is an public carry the heavy responsibility of than 150 years ago, the qualities em- all-too-frequent exercise. not working for the benefit of them- bodied by our civil servants reflect the Federal employees deserve praise for selves alone but for the good of all. greatest values we hold dear as Ameri- What should be a source of pride to the vital roles they play each day en- cans. Federal employees display exem- those who enter employment in the forcing the laws we pass in this very plary citizenship, choosing of their own Federal Government has become, all Chamber. They care for our veterans. accord to pursue careers that not only too often, a thankless job. Serving in They toil in laboratories to create new provide for their families but benefit the Federal Government can be an en- energy technologies. Our Federal work- the Nation as a whole. This is despite riching experience, and we need to do ers safely manage the complex net- the advantages to private sector em- more to promote civil service among works of flights crossing our skies day ployment. Our civil servants are indus- young people. I am encouraged that and night. They deliver our mail, regu- trious. They work hard, tackle difficult there is a growing desire now, unlike in late fair housing practices, and conduct problems affecting millions of their fel- our diplomacy abroad. They serve in the past several years, among our best and brightest students to seek Federal low citizens, and do so with grace and all three branches of Government. humility. They are, in many ways, silent senti- jobs. nels of our Nation’s well-being. For so long, the allure of easy wealth They often need to take risks, not Indeed, Federal employees have be- on Wall Street and scorn for Govern- only to make new discoveries in come indispensable to our national life. ment work led our young graduates to science and engineering or to represent With a generation of Federal employ- overlook positions in civil service. But us in unsafe corners of the world, but ees nearing retirement, we need to at- it should not take a recession and a also to expose unnecessary waste and tract our most talented citizens back popular new administration to attract corruption where it may arise. The his- to public service. Good, honest, respon- this talent. Our young people are eager tory of our civil service is filled with sible government requires the best to take on responsibility, to prove those who choose to uphold the public civil servants. themselves worthy of others’ trust. trust even when at a danger to their Throughout our history, great men They want to have a part in what own lives and careers. Their work re- and women answered the call to serve President Obama has called ‘‘repairing quires great perseverance, and results in the Federal Government—citizens the world.’’ With more recognition of may take longer than their tenure in from all walks of life and from every our Federal workforce and praise for office. It requires great care and atten- corner of America. There are those who its important contribution, there is no tion to detail. When the public’s faith dedicate their entire careers to public reason we cannot convince these is bestowed upon you, there can be no service, but there are also so many young, idealistic Americans to seek in halfhearted effort. Most of all, employ- Americans who enter Federal employ- Government what they so desire—a ees in our Federal Government display ment for just a short period. Even the role in history, a chance to shape their an unbelievable level of modesty. world. novelist William Faulkner worked You may wonder why I go on about The recent decision by Kal Penn, the part-time as a postmaster when he was the virtues of our public servants when young Hollywood star, to accept a posi- a young man. there are so many pressing matters to The nature of our Federal workers tion working in the administration ad- vances this effort significantly. Despite be considered by this body. I return, today is the same as it was when the however, to my first point—that no French philosopher Alexis de a lucrative career in film and on tele- vision, Penn—a second-generation matter what programs we launch to Tocqueville visited in the early 19th get America back on the right path, century. He observed that: American whose parents are immi- grants from Mumbai—announced he they will be carried out by our Federal Public officers in the United States are workers. commingled with a crowd of citizens; they would take a couple of years off from have neither palaces nor guards, nor ceremo- acting to serve his country in the Fed- Exemplary cases abound, but I want nial costumes. This simple exterior of the eral Government. When asked about to highlight a few individuals in par- persons in authority is connected not only his motives, he said: ticular who embody these values and

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11394 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 reflect the excellence of our civil serv- are at the forefront of an effort to re- that original oath. What the Founders ice as a whole. They have each been se- duce these infections. The infection intended in their first act of Govern- lected by a blue ribbon panel which in- rate at their VA facility has already ment, and what we now reaffirm with cludes Senator SUSAN COLLINS, in con- dropped 60 percent, and the strategy each taking of our modern oath, is that cert with Partnership for Public Serv- developed by Rajiv to prevent infec- everyone who serves in our Govern- ice, to receive a Service to America tions has now been adopted by all 153 ment is not only obligated to support medal. VA hospitals. the Constitution but also entrusted When she began her job as Director of When asked about his work, he com- with that responsibility. That trust— the Office of Public Housing Programs monly explains that ‘‘one infection is the same as was noted by Clay—is the in 2002, Nicole Faison inherited a HUD too many.’’ foundation of our civil service. It is the rental system program rated for 13 The final person I will mention, who guiding principle of our Federal work- years as a ‘‘high risk’’ program by the works for the Department of Energy, ers and the reason they deserve the Government Accountability Office due has proven wrong those who are con- public’s confidence. to rampant waste, fraud, and abuse. vinced that Government can’t do some- Careers in Government, we know, fre- Today, it is recognized for helping thing right. At the end of the Cold War, quently pay far less than comparable more low-income families receive hous- when the former Rocky Flats nuclear careers in the private sector, and many ing assistance without wasting re- weapons plant near Denver was des- times our Federal employees are asked sources. Under Nicole’s guidance, the ignated as a Superfund site, it was esti- to move across the country or overseas program eliminated over $2 billion in mated that it would take 70 years and to perform their duties. Many serve for fraudulent payments and earned praise nearly $40 billion to clean it up. Many 20 years or more, leaving a lasting im- for its streamlined operations. advocated a permanent quarantine of pact on communities and on our na- Since 9/11, there has been much at- the site, arguing that its rehabilitation tional policies without special recogni- tention on the security of cargo con- was not worth the cost. Frazer tion. They never see bonuses like those tainers entering our country from Lockhart took charge of the cleanup paid on Wall Street or elsewhere in the overseas. Leading the charge to secure effort in 1995 and finished the job in 10 private sector. However, after many our ports, Tracy Mustin serves as Di- years, spending only $7 billion. Today, years of service, when our civil serv- rector of the Department of Energy’s 95 percent of the original site has been ants retire, they can look back on their office of Second Line of Defense. Under delisted from the Superfund and been careers and know with certainty that Tracy’s leadership, her office has in- set aside as a 6,200-acre wildlife refuge. when their country needed them, they stalled monitoring devices at more Frazer’s sound management and perse- gave of themselves. They gave to our than 100 airports, seaports, and border verance led to the cleanup 60 years Nation, and they know their contribu- crossings in over 40 countries which ahead of schedule and $30 billion under tion, even if little recognized, has been help detect and prevent the trafficking budget. genuine and significant. This is their of nuclear or radiological substances. Mr. President, these stories are just a bonus, the satisfaction and the knowl- She also oversees the Megaports Initia- few of the countless many. Indeed, edge that they have answered the call tive, which screens and monitors cargo there are a great number of exceptional to duty, that their lives have surely entering major seaports around the Federal employees, and I hope to con- served a meaningful purpose. world. In addition to her responsibil- tinue sharing their stories before the Again, please let it be noted that the ities as a civil servant, Tracy is com- Senate and honoring their service over first week of May each year is Public missioned as a captain in the Navy Re- the coming weeks and months, begin- Service Recognition Week, and it is serve. ning with this group. I invite my fellow with great pride that I honor the serv- While Tracy and her team have been Senators to join me on those or other ice and sacrifice of our Federal employ- fortifying our Nation’s second line of occasions in doing the same. These ees. I thank them, and I urge my col- defense against terrorism, brave men men and women daily carry out the leagues to join me this week and in fu- and women in the Armed Forces re- work of developing new technologies, ture weeks to thank them for their main overseas fighting on the first line protecting our free markets, ensuring a continued work in support of our re- of defense. When our wounded warriors cleaner environment, and advancing covery during this challenging time. return home, they can thank the dedi- our interests around the world. I yield the floor. I suggest the ab- cated civilian employees of our Defense I believe the Founders foresaw the sence of a quorum. Department for significant advance- need for a vibrant and effective civil The ACTING PRESIDENT pro tem- ments in the treatment and care they service and that they would be proud of pore. The clerk will call the roll. will receive for their injuries. the Federal employees serving today. The assistant legislative clerk pro- Dave Carballeyra, the Air Force’s Di- When the first Congress convened in ceeded to call the roll. rector of Stereolithography, introduced on March 4, 1789, its first Mr. DODD. Mr. President, I ask unan- a new 3–D technology for bone and tis- matter of business was to fulfill an ob- imous consent that the order for the sue imaging which has improved treat- ligation set to it by the Constitution. quorum call be rescinded. ment and rehabilitation care for Article VI declares that all public offi- The PRESIDING OFFICER (Mr. wounded veterans. In particular, his cers are to be bound by an oath or af- KAUFMAN). Without objection, it is so work has helped soldiers suffering from firmation to support the Constitution, ordered. severe burns from bombings in Iraq and but the document leaves up to Con- f Afghanistan and those requiring sur- gress to decide on the form. gery to attach prosthetic devices. The first piece of legislation ever to CONCLUSION OF MORNING These advances have significantly im- be passed by the United States Con- BUSINESS proved their quality of life. Believe it gress and signed into law by President The PRESIDING OFFICER. Morning or not, Dave is only 25 years of age. Washington codified this simple but business is closed. Another public servant whom I very poignant oath: f much want to mention is Dr. Rajiv I do solemnly swear or affirm that I will Jain. Each year it is estimated that 2 support the Constitution of the United HELPING FAMILIES SAVE THEIR million patients develop infections States. HOMES ACT OF 2009 while in U.S. hospitals for routine pro- In the years since, it has been ex- The PRESIDING OFFICER. Under cedures. One hundred thousand of these panded to the oath presently taken by the previous order, the Senate will re- patients die as a result, and the elderly all of us who serve in this Chamber and sume consideration of S. 896, which the and newborn are particularly suscep- in the House of Representatives and by clerk will report. tible. Rajiv and his team at the Vet- every Federal employee. But the under- The assistant legislative clerk read erans Affairs Hospital in Pittsburgh lying point remains unchanged from as follows:

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11395 A bill (S. 896) to prevent mortgage fore- signed to do. There are a lot of provi- lenders. This was an important provi- closures and enhance mortgage credit avail- sions that relate to the smaller banks sion that provides the tools to the ability. in the country and how we can be of housing and urban development agency Pending: some help to them to get credit mov- to more expeditiously drop lenders that Dodd/Shelby amendment No. 1018, in the ing. break FHA rules. This was needed to nature of a substitute. I did this last week at the close of strengthen those provisions and make Corker amendment No. 1019 (to amendment business, but I thought I would spend a sure resources go to the areas that No. 1018), to address safe harbor for certain few minutes to review, once again, the need them. They are certainly not to servicers. major provisions of the bill without be used by lenders who are violating Vitter amendment No. 1016 (to amendment going into great detail as to what is in- the rules of FHA. No. 1018), to authorize and remove impedi- We then provide for a safe harbor for ments to the repayment of funds received cluded in each provision and then, as I under the Troubled Asset Relief Program. said, address the two Vitter amend- servicers who would either modify a Vitter amendment No. 1017 (to amendment ments that will be offered later this loan consistent with the Obama fore- No. 1018), to provide that the primary and afternoon. closure mitigation program or refi- foundational responsibility of the Federal This amendment we have offered is a nance the borrower into a HOPE for Housing Administration shall be to safe- substitute amendment that Senator Homeowners loan. This has been a con- guard and preserve the solvency of the Ad- SHELBY and I have before us now, tentious issue between bankers and in- ministration. which is S. 896. It expands the number vestors, trying to do something with The PRESIDING OFFICER. The Sen- of tools available to try to prevent regard to mitigation. This has been ator from Connecticut is recognized. foreclosures and the ability of home- narrowly drawn. Mr. DODD. Mr. President, I am going owners and loan servicers to use those The House-passed bill—and I say this to take a few minutes to explain. I tools. In addition, the bill includes pro- respectfully of the other body—had a know the leadership has already made visions to make the banking system broad provision in this area. This was these announcements, but as I have more stable and improve the avail- an idea Senator MARTINEZ offered a been told, at 5:30 there will be two ability of credit. number of weeks ago. He has since votes on amendments offered by our Specifically, there are about 8 or 9 or modified this—and I agree with him— colleague from Louisiana, Senator VIT- 10 major provisions of the bill. to try to restrict time, duration, and TER. I am going to take a few minutes The first of these provisions expands circumstances in which a safe harbor here, once again, to review the under- the ability of the Federal Housing Ad- would apply. lying proposals Senator SHELBY of Ala- ministration in rural housing to mod- What is a safe harbor? A safe harbor bama and I have crafted as part of this ify loans. I made the point last week is designed to encourage the servicers bill. Then I will take a few minutes to that this is absolutely critical. FHA to modify loans, servicers who have express my views on the two Vitter has been a savior in many cases, pro- had contracts with investors. The in- amendments. I presume Senator VIT- viding credit when credit has not been vestors obviously are somewhat reluc- tant to watch a modification of any of TER himself may come over and talk available elsewhere to keep a limited these things that would deprive them about this or others who are interested housing market open. It is very impor- of the ability to take legal action in the two amendments may show up tant that they have the tools to do against a servicer who engaged in a to express their interest in them as that—certainly the tools to modify modification creating a safe harbor for well. FHA or USDA loans, as they do for the servicer. We encourage them—it I thank the majority leader, Senator non-Government loans they service. doesn’t mandate but encourages them REID, for scheduling the time for the This part of the bill is one that is to modify those loans with the bor- consideration of this bill. Obviously, critically important and can make a rower, in the absence of which I doubt the importance of foreclosure mitiga- huge difference to people. There will be any servicer will be willing to step for- tion is still critical. I still believe, as amendments offered to modify this many do, that the root cause of our fi- ward do so. provision of the bill. If we end up un- So this is an absolutely critical area. nancial problems in this country began dermining the role of the FHA at this While there are still concerns on the with the residential mortgage market, critical time, we can make it far more part of some, I believe it is the right the predatory lending that went on difficult for these foreclosures to be step to be taking. It is limited in dura- with literally millions of people in this mitigated and decrease the possibility tion. It is limited to only the Obama country. The Wall Street Journal re- of people remaining in their homes. foreclosure mitigation and the HOPE ported that some 60 to 65 percent of Second, it expands access to the for Homeowners, only in those two in- people who were talked into predatory HOPE for Homeowners legislation, stances, and therefore would not be as loans, subprime loans, actually quali- which makes a number of changes to open and broad-based as provisions fied for conventional mortgages. Con- that bill we adopted last summer. It that have been adopted elsewhere. ventional mortgages are far less costly was a program that was well intended So I encourage my colleagues to be than subprime mortgages, but because but left a lot of problems in terms of supportive. There will be an effort to there was a greater financial reward the effectiveness and efficiency of the change this in a way that I think would for brokers and others who were able to legislation. This bill will allow for the make it unworkable in terms of achiev- market and sell the subprime mort- option to lower fees and streamline the ing the desired results here. Again, gages, they were marketed to people. borrower certification requirements. with 10,000 foreclosures going on every Of course, those mortgages became far We give the Secretary of the housing single day in our country, we need to more costly. There were adjustable agency in our country limited discre- try to bring closure to that problem rate mortgages, there were teaser rates tion to determine the amount and dis- where we can. This is not going to with almost no downpayments required tribution of future appreciation. We solve every foreclosure, but it can cer- and very little interest payments for ban the very wealthiest in our country tainly make a huge difference. An esti- months on end and then, of course, bal- from being involved in this program. It mated 1.7 to 2 million foreclosures can looning to the point that many people was never intended to be such. We be avoided with this kind of proposal in could ill-afford them. For many, they allow for incentive payments to the bill. could not the afford them at all, to the servicers and originators who partici- With the Obama proposals and HOPE point that problem migrated to other pate in the program. Again, it is some- for Homeowners proposals, we think areas of our economy. As a result, thing designed to be of help to the av- that would make a significant dif- today we find ourselves in a recession, erage citizens, working families in this ference, allow people to stay in their and a deep one at that. country. homes, and allow the lenders to get This bill is designed to help families Third, we create more enforcement some payment back rather than the save their homes. That is what it is de- tools for the FHA to eliminate bad property falling into foreclosure.

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11396 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 As the Presiding Officer knows, the So back in the 1930s, the FDIC was on foreclosure, provide some needed re- contagion effect of a foreclosed prop- created to provide, among other things, form to our major financial institu- erty in a neighborhood is very an ability, when a bank is in trouble, tions, provide counseling and addi- daunting. We know for a fact that with to make that transition from a closed tional support for people who seek that one foreclosure in a neighborhood of a bank to one that could open so the peo- kind of help, as well as attract the kind one-square-block area, the value of ple would not loose their resources, as of support from diverse institutions every other property in that square well as providing insurance so that that watch and care very much about block declines by as much as $5,000 money would not be lost, a full guar- these groups. that very day. The last thing you want antee of up to $100,000. Last week I included letters of sup- to see on your block, in your neighbor- The world has changed a lot since the port. I should add as well that Lenders hood, is foreclosed, boarded-up prop- 1980s, which is when I believe that pro- One, an association of mid-sized inde- erties deteriorating. If you have a vision, the $100,000, was added, over the pendent mortgage brokers, and the home there and that property is declin- last 29 or 30 years. Raising it to $250,000 Mortgage Bankers Association, have ing in value by the day, obviously ev- we believed was necessary to assist, endorsed what Senator SHELBY and I eryone is adversely affected. providing further guarantee and assist- have put together in this bill. So while I know this is a contentious ance as well. That is a rough summary of the leg- issue for some, I am pleased that most We increased borrowing authority in islation. Of course, anybody who is in- of the consumer groups, the realtors, this bill for both the FDIC and the Na- terested in further information about the Financial Roundtable, and others tional Credit Union Administration, this, we would welcome them to come strongly support the provisions Sen- from $100 billion in the case of the over and discuss any provision they ator SHELBY and I have in this bill FDIC and $6 billion for the National have interest in. when it comes to the issue of safe har- Credit Union Administration. There is Let me, at this point, if I can, ad- bor. Again, I thank Senator MARTINEZ, additional authority that requires the dress the two amendments which this my colleague from Florida, for initi- approval of a two-thirds vote of the body will consider at 5:30. The first one ating the idea of this proposal. FDIC or National Credit Union Admin- I will discuss is the amendment of Sen- The next provision authorizes an ad- istration, a two-thirds vote of the Fed- ator VITTER of Louisiana No. 1015. ditional $130 million for foreclosure eral Reserve Board, and agreement by This amendment, as I understand it— prevention activities. Senator REID is the Secretary of Treasury in consulta- obviously Senator VITTER will come the author. I mentioned earlier that tion with the President of the United and explain his own amendment. I hope his support in creating the space and States. I am accurately describing it. Under time for this bill to come up has been We stretch out the payment of as- the Emergency Economic Stabilization critically important but also the addi- sessments to rebuild bank thrift and Act, currently it requires the Treasury tion of this language which we now credit union deposit insurance funds to to permit a TARP recipient to repay know is terribly effective. 8 years. This was a very important pro- the financial assistance it receives sub- Earlier, Senator SCHUMER and others vision; for many of our lending institu- ject to consultation with the appro- offered language to provide resources tions, that period of assessment is ab- priate Federal banking agency. When for the support of the prevention ac- solutely essential. If it is too short, it the assistance is repaid, the recipient tivities; that is, counseling activities. obviously puts a huge financial burden must also buy back the warrants it It proved very helpful. These can be on these institutions. I believe the 8 provided to the Treasury at the current complicated areas. To get into the years was a provision that was very market price. issue of modifying a mortgage requires important to these institutions and As I understand the Vitter amend- some good counseling. This is not a one that they are very pleased our leg- ment, it would require the Treasury to matter where the average person can islation includes. I hope that will work permit a TARP recipient to repay just walk in and negotiate by them- as well as we intend it to. TARP assistance it received if the in- selves. I think having people who are We also improve the FDIC systemic stitution would be ‘‘well capitalized’’ experienced and knowledgeable, as we risk special assessment authority. after repaying the funds. now have across the country, who can Again, that is a real relief to institu- Capitalization of our lending institu- assist in this process, has been a great tions that would not participate in tions is a critical component, as the asset. These additional resources Sen- that program, that would have been as- Presiding Officer knows, very impor- ator REID of Nevada has offered here sessed anyway. This provision of the tant, certainly essential, before one will make a huge difference for people bill protects them from that kind of as- would even consider, again, having across our Nation, in addition to what sessment. Again, it is essentially im- TARP money come back, the whole has already been allocated. portant. idea of insisting upon properly capital- Then we have some provisions to in- That is a very quick review of the ized institutions. crease the deposit insurance with the major provisions of the bill. As I men- Under the amendment, Treasury Federal Deposit Insurance Corporation tioned earlier, this legislation enjoys could not condition the right of a from $100,000 to $250,000. I mentioned broad-based support in our country, TARP recipient to repay TARP on an earlier how important that is to people from major groups of people from agreement to also buy back the war- to avoid the kinds of runs that can major consumer groups in our Nation: rants. Under the current law, payback occur when fear grips investors and de- The National Consumer Law Center, of the TARP money must be accom- positors. Certainly, those who have the Independent Community Bankers, panied by the repurchase of those war- even a passing knowledge of history, of the Center for Responsible Lending, rants. the Great Depression, know what hap- along with the Housing Policy Council, In fact, the amendment gives the pened when fear gripped the country the Financial Services Roundtable, the TARP recipient the right to determine and there were great runs on the American Bankers Association. Rarely when the Treasury must buy back the banks, people running and taking their do I find these organizations coming warrants it received; the TARP recipi- deposits out of the banks, feeling as together around a bill. ent is not required to pay market price though they were going to lose them, You will normally have the consumer for them. and the old notion of hiding it in your groups on one side and your financial I oppose the amendment and urge my mattress was not a joke; people actu- services sector on the other side. That colleagues to vote against it, I say re- ally did that. They buried their hard- is normally how it works. But because spectfully of the author of the amend- earned money on their property rather of the effort made by so many people ment, Senator VITTER, a member of our than keep it in what they perceived as on our committee and elsewhere, we committee. I am concerned this an unsafe institution where they could have put together a piece of legislation amendment, if adopted, would further lose those resources. which we think will make a difference destabilize our financial system and

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11397 could harm taxpayers who, of course, bill. Foreclosed homes will stay on the and foremost, this amendment fails to are the ones who put up the TARP market longer because people would reflect the fact that the primary mis- money. not be able to get mortgages to buy sion of the Federal Housing Adminis- Under this amendment, the Treasury these homes. tration is to help create and sustain would be forced to permit a bank that As my colleagues know, the large home ownership for American families. received TARP money to repay that as- banks have gone through the so-called The mission of the FHA is especially sistance based on the sole criterion stress tests. Many of them, despite important now, while we are struggling that the bank would remain well cap- being designated as ‘‘well-capitalized,’’ through such troubled economic times. italized. Again, I emphasize that is an may still be forced to raise more cap- FHA currently insures nearly 30 per- important consideration, but it is not ital, we are told. cent of the mortgage market in our Na- the only one. It strikes me as unwise that we want tion. If there is one lesson we have learned to tie Treasury’s hands at this impor- If you extend the logic that the from this crisis, the definition for what tant time, right when the results of the amendment proposes, you would shut ‘‘well capitalized’’ means is inad- stress tests are to be announced. the doors of Fannie Mae and Freddie equate. For example, Citibank and The amendment would also harm the Mac right now because both have had Bank of America are well capitalized taxpayer by allowing the TARP recipi- to draw on their credit lines from the according to the standard in the ent to decide when warrants may be ex- Treasury. Without them, we would lose amendment, and despite their obvious ercised and by limiting the Treasury’s the other 70 percent of the mortgage troubles, they would be able to return ability to require the repurchase of market overnight, turning a housing the TARP money they received. The warrants when TARP funds have been recession into a deep housing depres- standard the amendment would estab- repaid. sion. lish is simply ineffective and not com- It also harms the taxpayer by elimi- In my view, if it were not for the prehensive enough. nating the requirement that Treasury Federal Government at this hour, Currently, the regulators can con- pay market price for the warrants and working through FHA and other feder- sider the bank’s condition in a more would allow banks to try to negotiate ally supported institutions, there complete, holistic way in assessing its a better price, thereby reducing the re- would be no mortgage credit available fitness to return TARP funds. The turns to the taxpayers who put up the at all. amendment would tie the hands of the money in the first place. The FHA has a mission. It is to en- regulators to this one particular fac- In conclusion, I would respectfully sure that adequate and affordable tor, capital, a very important one but oppose this amendment. Current law mortgage credit is available in every not the only one, a factor that has al- already allows the banks to repay their part of our Nation. It is currently ful- ready proven to be faulty and insuffi- TARP funding—in fact, we would en- filling that mission admirably, while cient to weather today’s economic cli- courage it—when it is the right time many other sources of credit, as I men- mate. and safe to do so, examining an array tioned earlier, have totally disappeared To get out from under the executive of criteria, not just being well-capital- or almost completely disappeared. compensation restrictions and other ized. The quicker we can do that, the The Federal Housing Administration conditions imposed by Treasury, for ex- better off we are going to be. But it pushes against the prevailing down- ample, institutions that are in a weak- will be important that when some of ward winds in our economy. It is coun- ened condition may put themselves and these major institutions repay that, tercyclical. The Senator’s amendment the broader economy at risk. That is that in so doing they are not going to would turn the FHA into a procyclical why this is important. If we are only be jeopardizing the economy at large. program, withdrawing credit, pulling it talking about one institution, cer- The amendment, however, could cut back, when credit is so difficult to tainly getting the TARP money back is credit availability at a time when cred- come by. This change would help deep- something we would all welcome. But I it is desperately needed; and could put en the worst housing recession we are think we need to look at this beyond more institutions at risk when sta- experiencing since the Great Depres- just what the effect is on that one in- bility is needed; and it is a bad deal, sion. stitution but what is the effect of the further, for the American taxpayer Moreover, I think it is important to overall financial system. That was the who, ultimately, is the one who put up know that FHA fund is not at risk. As reason why these TARP dollars went the resources and hopes to get repaid of the second half of the fiscal year out in the first place. when this economy begins to recover. 2009, the sum of FHA’s investments and So while being well capitalized is Again, respectfully I say to my col- cash on hand is nearly $32 billion. Its very important, if you limit it to that league and friend from Louisiana, I net position, assets minus liabilities, and that only and allow an institution, would oppose that amendment. on March 31 of this year, was a positive such as the ones I have mentioned, to The second amendment is No. 1017. $11.8 billion. Although FHA’s capital then move beyond that, there could be This amendment deals with the Fed- has fallen to 3 percent, it is still 50 per- put at risk the larger economy, which eral Housing Administration. The Vit- cent above its statutorily mandated is, of course, the major goal here, to ter amendment would establish ‘‘sol- level of 2 percent. Falling capital in get the overall economy functioning vency’’ as the ‘‘primary foundational tough times is to be expected. That is and moving in the right direction. responsibility’’ of the Federal Housing what is going on. We all understand If banks were allowed to move in Administration, the FHA. that. That is what you have capital for, that direction merely on that basis The amendment then requires the to protect yourself in the bad times. alone, then I think we would regret Secretary to close down any FHA pro- In addition, it is important to re- that. Again, I think it is something we gram if it seems ‘‘reasonably likely’’ member that FHA has always been a ought to be striving for, but this that the FHA might need credit sub- fixed-rate mortgage insurer. It never amendment is too narrow, in my view, sidy from Congress. Again, I oppose got involved in the exotic and often to limit the decisions strictly on that this amendment because it does ex- predatory practices offered by the one criterion. If lending is limited as a actly the opposite of what we ought to subprime lenders. FHA has also re- result of this amendment, that would be doing at a moment such as this. quired income to be documented and mean more businesses closing for lack We thank our lucky stars that we verified. of financing, more job losses in our have the FHA providing credit at this In fact, because FHA has been known country, and a further weakening of time. In exactly a moment such as for its solid loan products, more and the overall economy, delaying even this, you need the FHA out there to more people with better credit quality further the recovery we all seek. provide that credit when credit is so are using FHA today. Over the past 6 It also would mean more fore- unavailable through the clogged-up fi- months, the average credit score in closures, which is at the heart of the nancial system in our Nation. First FHA has increased by nearly 40 points.

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11398 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 Finally, current law already estab- ondly, with regard to FHA, solvency is propriations Subcommittee hearing, lishes a fiduciary duty ‘‘to ensure that important. The mission of FHA is, of the FHA’s health and solvency are at the Mutual Mortgage Insurance Fund course, to be countercyclical, not high risk. The signs are troubling in remains financially sound.’’ The Sec- procyclical. At a critical time such as many areas: FHA default rates are at retary is already required to make pro- this, depriving them of that oppor- their highest level in several years. gram changes or adjust premiums if tunity to fill a credit gap that does not FHA’s economic value has fallen by al- FHA’s performance is expected to dif- exist today would be exactly the wrong most 40 percent over the past year. fer substantially from the baseline es- message and do great damage to a crit- FHA approval of new lenders has in- tablished by an independent actuarial ical component of home ownership. creased by 525 percent over the past 2 report. I yield the floor and suggest the ab- years, and there is evidence that some Secretary Donovan has assured me sence of a quorum. former subprime lenders and brokers and the Congress that the Congress The PRESIDING OFFICER (Mrs. have infiltrated FHA to conduct busi- would be immediately alerted if he HAGAN). The clerk will call the roll. ness. That in itself ought to be an thought the FHA was at risk at all. The bill clerk proceeded to call the alarm bell that goes off. Fraudulent ac- In short, I ask my colleagues, again, roll. tivity in the mortgage industry has put I say this respectfully of its author, to Mr. BOND. Madam President, I ask and is at risk of exposing FHA to more oppose this amendment. It is not need- unanimous consent that the order for risk. FHA has seen a significant in- ed. It would be exactly the wrong mes- the quorum call be rescinded. crease in foreclosures, which endangers sage, the wrong action to be taking at The PRESIDING OFFICER. Without the stability of communities and this critical time. Solvency is not an objection, it is so ordered. neighboring homes. The rise in FHA insignificant issue, but the role of the Mr. BOND. Madam President, I rise defaults and foreclosures, especially in FHA is not to provide solvency, nec- today to offer some remarks on the areas already victimized by subprime essarily, but it is to provide credit at a Helping Families Save Their Homes lending, threatens to make a bad prob- time when credit is not available. Act of 2009. lem worse. These troubling signs all When as many people as I have indi- The housing foreclosure crisis con- point to a powder keg that is waiting cated by the facts are relying on the tinues to affect families and commu- to explode. FHA at a time when we are trying to nities throughout the Nation. I appre- What does this mean for taxpayers? encourage home ownership on respon- ciate the good efforts of Senators DODD It means, by law, FHA is required to sible terms—and the FHA, as I pointed and SHELBY and the Banking Com- carry a 2-percent reserve or a 50-to-1 le- out earlier, was not one of these exotic mittee for trying to tackle this crisis. verage rate. If it falls below that statu- lenders that was out there with these Until we address these issues head-on tory level, FHA must raise the pre- predatory practices. Quite the con- and remove the toxic assets that have miums it charges to borrowers or Con- trary. So rather than, in a sense, poisoned not only our financial system gress must appropriate funds. That changing the mission of the FHA, fun- but the world’s financial system, eco- means taxpayers footing more of the damentally altering what its goal is nomic recovery will be difficult to bill. and ought to be at these times, we need achieve. President Obama himself said, I have a message for my colleagues in to oppose this amendment. when he addressed us in January, that Congress and the administration: Again, we need to rely, as we can and all the other things happening are not Americans do not want another bail- must, on the fact that the FHA is in going to get us out of the crisis we are out. The taxpayer credit card is maxed sound shape. If it is not for some rea- in until we get the toxic assets out of out. son, we have every reason to believe we the system. Luckily, HUD is currently being led can take improvement steps. I particularly appreciate the fact by a very capable leader, HUD Sec- Accordingly, again, I would urge our that included in the bill is the Dodd- retary . However, he colleagues, when talking about both of Crapo-Bond bill as an amendment alone cannot fix the longstanding prob- these amendments, join me in opposing which will strengthen the power of the lems with HUD and FHA. The Congress them, given the difficulty that both Federal Deposit Insurance Corporation and the administration must not make these amendments would raise if they to go after institutions which are on Secretary Donovan’s job harder by were to be adopted. the verge of failing. To me, that is the placing more risk on FHA until the Again, I will be happy to be in the direction this administration and the problems of the agency are fixed or the Chamber for the next hour or so. If peo- previous administration should have agency will crash. ple wish to come over and engage in a been following but have not. I read in today’s Wall Street Journal discussion or debate, I welcome that But there are some troubling aspects an editorial, which I will ask to be opportunity. But at 5:30, in a little of the Government’s action in the FHA printed in the RECORD, that says: more than an hour, we will have a vote area, and I am concerned about the im- In a rational world, Congress and the on both these amendments of our col- plications of some of the provisions in White House would tighten FHA under- league from Louisiana. the bill before us. My biggest concern writing standards, in particular by elimi- Let me say, again, I think we assume is the health and solvency of the De- nating the 100% guarantee. That guarantee this is personal in nature. It is not. I partment of Housing and Urban Devel- means banks and mortgage lenders have no opment’s Federal Housing Administra- skin in the game; lenders collect the 2% to have respect for my colleague. We have 3% origination fees on as many FHA loans as a different point of view on matters. tion, or FHA. I appreciate the work the they can push out the door regardless of That is the nature of the institution managers have done to deal with the whether the borrower has a likelihood of re- and the debate that occurs. fraud issues. I also support Senator paying the mortgage. I don’t question his motives or the VITTER’s efforts to raise this issue Madam President, I ask unanimous sincerity behind his amendments, but I through an amendment he has offered. consent to have this article printed in believe in both cases they would move I think this amendment goes in the the RECORD following my remarks. us in the opposite direction from where right direction. We might want to work The PRESIDING OFFICER. Without we need to be going. on some of the language, but it gets at objection, it is so ordered. With regard to TARP funding, all of the problem. (See exhibit 1.) us wish to get the TARP money back The bottom line is this: The FHA is a Mr. BOND. Let me reemphasize, be- to the taxpayers as quickly as we can powder keg that could explode, leaving cause this is important, if we continue with interest. But we need to under- the taxpayers on the hook if Congress to overburden FHA, this powder keg stand it is more than just capitaliza- and the administration continue to may explode. tion when we make that decision. We overburden the Government agency. As I thank my colleague, Senator VIT- don’t want to do harm to our economy I stated at a recent Transportation, TER, for highlighting the need to make at a critical moment such as this. Sec- Housing and Urban Development Ap- protecting FHA solvency a priority—so

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11399 taxpayers are not left on the hook. I Every study shows that by far the best way The amendments are as follows: ask my colleagues to support that to reduce defaults and foreclosures is to in- AMENDMENT NO. 1020 TO AMENDMENT NO. 1018 crease downpayments. Banks know this and amendment. (Purpose: To enhance the oversight author- have returned to a 10% minimum downpay- Madam President, I yield the floor. ity of the Comptroller General of the ment on their non-FHA loans. United States with respect to expenditures [From the Wall Street Journal, May 4, 2009] In a rational world, Congress and the under the Troubled Asset Relief Program) EXHIBIT 1 White House would tighten FHA under- THE NEXT HOUSING BUST writing standards, in particular by elimi- At the end of the bill, add the following: Everyone knows how loose mortgage un- nating the 100% guarantee. That guarantee TITLE V—ENHANCED OVERSIGHT OF THE derwriting led to the go-go days of multitril- means banks and mortgage lenders have no TROUBLED ASSET RELIEF PROGRAM lion-dollar subprime lending. What isn’t well skin in the game; lenders collect the 2% to SEC. 501. ENHANCED OVERSIGHT OF THE TROU- known is that a parallel subprime market 3% origination fees on as many FHA loans as BLED ASSET RELIEF PROGRAM. has emerged over the past year—all made they can push out the door regardless of Section 116 of the Emergency Economic possible by the Federal Housing Administra- whether the borrower has a likelihood of re- Stabilization Act of 2008 (12 U.S.C. 5226) is tion. This also won’t end happily for tax- paying the mortgage. The Washington Post amended— payers or the housing market. reported in March a near-tripling in the past (1) in subsection (a)(1)(A)— Last year banks issued $180 billion of new year in the number of loans in which a bor- (A) in clause (iii), by striking ‘‘and’’ at the mortgages insured by the FHA, which means rower failed to make more than a single pay- end; they carry a 100% taxpayer guarantee. Many ment. One Florida bank, Great Country (B) in clause (iv), by striking the period at of these have the same characteristics as Mortgage of Coral Gables, had a 64% default the end and inserting ‘‘; and’’; and subprime loans: low downpayment require- rate on its FHA properties. (C) by adding at the end the following: ments, high-risk borrowers, and in many The Veterans Affairs housing program has ‘‘(v) public accountability for the exercise cases shady mortgage originators. FHA now a default rate about half that of FHA loans, of such authority, including with respect to insures nearly one of every three new mort- mainly because the VA provides only a 50% actions taken by those entities participating gages, up from 2% in 2006. maximum guarantee. If banks won’t take in programs established under this Act.’’; The financial results so far are not as dire half the risk of nonpayment, this is a market and as those created by the subprime frenzy of test that the loan shouldn’t be made. (2) in subsection (a)(2)— 2004–2007, but taxpayer losses are mounting These reforms have long been blocked by (A) by redesignating subparagraph (C) as on its $562 billion portfolio. According to the powerful housing lobby—Realtors, home- subparagraph (E); and Mortgage Bankers Association data, more builders and mortgage bankers, backed by (B) by striking subparagraph (B) and in- than one in eight FHA loans, is now delin- their friends in Congress. They claim FHA serting the following: quent—nearly triple the rate on conven- makes money for taxpayers through the pre- ‘‘(B) ACCESS TO RECORDS.— tional, nonsubprime loan portfolios. Another miums it collects from homebuyers. But ‘‘(i) IN GENERAL.—Notwithstanding any 7.5% of recent FHA loans are in ‘‘serious de- keep in mind these are the same folks who other provision of law, and for purposes of linquency,’’ which means at least three said taxpayers weren’t at risk with Fannie reviewing the performance of the TARP, the months overdue. Mae and Freddie Mac. Comptroller General shall have access, upon The FHA is almost certainly going to need A major lesson of Fan and Fred and the request, to any information, data, schedules, a taxpayer bailout in the months ahead. The subprime fiasco is that no one benefits when books, accounts, financial records, reports, only debate is how Much it will cost. By law we push families into homes they can’t af- files, electronic communications, or other FHA must carry a 2% reserve (or a 50 to l le- ford. Yet that’s what Congress is doing once papers, things, or property belonging to or in verage rate), and it is now 3% and falling. again as it relentlessly expands FHA lending use by the TARP, any entity established by Some experts see bailout costs from $50 bil- with minimal oversight or taxpayer safe- the Secretary under this Act, or any entity lion to $100 billion or more, depending on guards. participating in a program established under how long the recession lasts. The PRESIDING OFFICER. The Sen- the authority of this Act, and to the officers, How did this happen? The FHA was created ator from Ohio. employees, directors, independent public ac- during the Depression to help moderate-in- Mr. BROWN. Madam President, I ap- countants, financial advisors and any and all come and first time homebuyers obtain a other agents and representatives thereof, at plaud the work of Chairman DODD on mortgage. However, as subprime lending such time as the Comptroller General may took off, banks fled from the FHA and its this issue, as on so many others—fight- request. business fell by almost 80%. Under the Bush ing the terrible problems of credit card ‘‘(ii) VERIFICATION.—The Comptroller Gen- Administration, the FHA then began a bi- abuse, dealing with the home fore- eral shall be afforded full facilities for zarre initiative to ‘‘regain its market share.’’ closure mess—and thank him for his verifying transactions with the balances or And beginning in 2007, the Bush FHA, Con- work. securities held by, among others, deposi- gress, the homebuilders and Realtors teamed (The remarks of Mr. BROWN are print- tories, fiscal agents, and custodians. ‘‘(iii) COPIES.—The Comptroller General up to expand the agency’s role. ed in today’s RECORD under ‘‘Morning may make and retain copies of such books, The bill that passed last summer more Business.’’) than doubled the maximum loan amount accounts, and other records as the Comp- that FHA can insure—to $719,000 from The PRESIDING OFFICER. The Sen- troller General deems appropriate. $362,500 in high-priced markets. Congress evi- ator from Connecticut. ‘‘(C) AGREEMENT BY ENTITIES.—Each con- dently believes that a moderate-income AMENDMENTS NOS. 1020 AND 1021 TO AMENDMENT tract, term sheet, or other agreement be- buyer can afford a $700,000 house. This in- NO. 1018 tween the Secretary or the TARP (or any crease in the loan amount was supposed to Mr. DODD. Madam President, I know TARP vehicle, officer, director, employee, boost the housing market as subprime this may confuse some people. I am independent public accountant, financial ad- crashed and demand for homes plummeted. going to call up a couple amendments visor, or other TARP agent or representa- But FHA’s expansion has hardly arrested the tive) and an entity participating in a pro- housing market decline. The higher FHA for my colleague from , Senator gram established under this Act shall pro- loan ceiling was also supposed to be tempor- GRASSLEY. He cannot be here. vide for access by the Comptroller General in rary, but this year Congress made it perma- I ask unanimous consent to tempo- accordance with this section. nent. rarily set aside the pending amend- ‘‘(D) RESTRICTION ON PUBLIC DISCLOSURE.— Even more foolish has been the campaign ments and call up amendments Nos. ‘‘(i) IN GENERAL.—The Comptroller General to lower FHA downpayment requirements. 1020 and 1021 on behalf of the Senator may not publicly disclose proprietary or When FHA opened in the 1930s, the downpay- from Iowa, Mr. GRASSLEY. trade secret information obtained under this ment minimum was 20%; it fell to 10% in the The PRESIDING OFFICER. Without section. ‘‘(ii) EXCEPTION FOR CONGRESSIONAL COM- 1960s, and then 3% in 1978. Last year the Sen- objection, it is so ordered. ate wisely insisted on raising the downpay- MITTEES.—This subparagraph does not limit ment to 3.5%, but that is still far too low to The clerk will report. disclosures to congressional or reduce delinquencies in a falling market. The bill clerk read as follows: members thereof having jurisdiction over Because FHA also allows borrowers to fi- The Senator from Connecticut [Mr. DODD], any private or public entity participating in nance closing costs and other fees as part of for Mr. GRASSLEY, for himself, Mr. BAUCUS, a program established under this Act. the mortgage, the purchaser’s equity can be and Ms. SNOWE, proposes an amendment ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in very close to zero. With even a small drop in numbered 1020. this section shall be construed to alter or prices, many homeowners soon have mort- The Senator from Connecticut [Mr. DODD], amend the prohibitions against the disclo- gages larger than their home’s value—which for Mr. GRASSLEY, proposes an amendment sure of trade secrets or other information is one reason FHA’s defaults are rising. numbered 1021. prohibited by section 1905 of title 18, United

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11400 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 States Code, or other applicable provisions (B) by inserting ‘‘The Comptroller General and, unfortunately, several folks, of law.’’. shall have access to the officers, employees, starting with the Secretary of the AMENDMENT NO. 1021 TO AMENDMENT NO. 1018 contractors, and other agents and represent- Treasury, Timothy Geithner, are refus- (Purpose: To amend chapter 7 of title 31, atives of an agency or any entity established ing to let this happen. In fact, Sec- United States Code, to provide the Comp- by an agency at any reasonable time as the Comptroller General may request. The retary Geithner has been very clear troller General additional audit authori- that this isn’t simply up to those ties relating to the Board of Governors of Comptroller General may make and retain the System, and for other copies of such books, accounts, and other banks; it is up to their new senior part- purposes) records as the Comptroller General deter- ner, the Federal Government. It is sort At the appropriate place insert the fol- mines appropriate.’’ after the first sentence. of like when the mob comes in as your lowing: (2) UNAUTHORIZED ACCESS.—Section partner in a business; you lose com- 714(d)(2) of title 31, United States Code, is TITLEll—COMPTROLLER GENERAL plete control and you cannot decide amended by inserting ‘‘, copies of any that it is not time for them to buy you ADDITIONAL AUDIT AUTHORITIES record,’’ after ‘‘records’’. SEC. lll. COMPTROLLER GENERAL ADDI- (e) AVAILABILITY OF REPORTS FOR out. After that happens, no, no, no, it TIONAL AUDIT AUTHORITIES. COMMENT.—Section 718(a) of title 31, United is no longer your decision. (a) DEFINITION OF AGENCY.—Section 714(a) States Code, is amended by striking ‘‘Fed- As the Wall Street Journal recently of title 31, United States Code, is amended by eral Reserve Board,’’ and inserting ‘‘Board of reported, with regard to an interview striking ‘‘Federal Reserve Board,’’ and in- Governors of the Federal Reserve System, with the Secretary, he indicated that serting ‘‘Board of Governors of the Federal the Federal Open Market Committee, the Reserve System (in this section referred to the ‘‘health of individual banks won’t Federal Advisory Council,’’. as the ‘Board’), the Federal Open Market be the sole criteria for whether finan- Committee, the Federal Advisory Council,’’. Mr. DODD. Madam President, let me cial firms will be allowed to repay bail- (b) AUDITS OF THE BOARD OF GOVERNORS OF just say that my offering these amend- out funds.’’ THE FEDERAL RESERVE SYSTEM AND THE FED- ments should not necessarily indicate What a great, brave, new world we ERAL RESERVE BANKS.—Section 714(b) of title we have reached an agreement on these now live in, where individual private 31, United States Code, is amended by strik- ing the second sentence. amendments. Senator GRASSLEY’s staff institutions cannot set their own (c) CONFIDENTIAL INFORMATION.—Section and our staff are working together to course, cannot decide their own des- 714(c) of title 31, United States Code, is see if we can achieve an agreement on tiny, and cannot even give back tax- amended— them. We hope we do. But certainly he payer dollars to benefit the taxpayer, (1) by redesignating paragraphs (2) and (3) has the right to raise those amend- benefit the Treasury, with interest, as as paragraphs (3) and (4), respectively; and ments, and I was more than happy to long as they meet all of the safety and (2) by inserting after paragraph (1) the fol- offer them on his behalf. soundness and capitalization and li- lowing: With that, I suggest the absence of a ‘‘(2)(A) Except as provided under paragraph quidity requirements in sight. (4), an officer or employee of the Govern- quorum. There is also a provision in my ment Accountability Office may not provide The PRESIDING OFFICER. The amendment that says Treasury cannot to any person outside the Government Ac- clerk will call the roll. force repayment buyback of the war- countability Office any document or name The bill clerk proceeded to call the rants at a price they name. That is described under subparagraph (B) if that doc- roll. completely noncontroversial, since a ument or name is maintained as confidential Mr. VITTER. Madam President, I ask distinguished member of the majority, by the Board, the Federal Open Market Com- unanimous consent that the order for Senator JACK REED of Rhode Island, is mittee, the Federal Advisory Council, or any the quorum call be rescinded. proposing precisely my same language Federal reserve bank. The PRESIDING OFFICER. Without ‘‘(B) The documents and names referred to with regard to warrants. This is an im- under subparagraph (A) are— objection, it is so ordered. portant issue regarding our free mar- ‘‘(i) any document relating to— AMENDMENTS NOS. 1016 AND 1017 ket system and whether we are going ‘‘(I) transactions for or with a foreign cen- Under the previous order, the time to allow it to get back to a private tral bank, government of a foreign country, until 5:30 shall be equally divided prior firm-based free market system. or nonprivate international financing orga- to a vote in relation to amendments I urge my colleagues to support this nization; Nos. 1016 and 1017 offered by the Sen- amendment. ‘‘(II) deliberations, decisions, or actions on Second is my amendment No. 1017. monetary policy matters, including discount ator from Louisiana, Mr. VITTER. window operations, reserves of member The Senator from Louisiana is recog- This amendment has to do with the banks, securities credit, interest on deposits, nized. Federal Housing Administration. It and open market operations; or Mr. VITTER. Madam President, I rise simply focuses like a laser beam on the ‘‘(III) transactions made under the direc- to again present my amendments com- importance of preserving and pro- tion of the Federal Open Market Committee; ing up for a vote, Nos. 1016 and 1017. I tecting the fundamental solvency of or have spoken before on this floor about the FHA. This amendment requires ‘‘(ii) the name of any foreign central bank, them, but I want to summarize briefly. that the first duty of the FHA is to government of a foreign country, or non-pri- Amendment No. 1016 is very simple maintain that solvency. It says if the vate international financing organization as- sociated with a transaction described under and straightforward, but it is very im- provisions of this underlying bill, or clause (i)(I).’’; and portant as well. It says any bank that any other existing requirement, cause (3) by striking paragraph (4) (as redesig- has accepted taxpayer TARP dollars the FHA to be reasonably likely to nated by this subsection) and inserting the can repay those dollars, with interest, need a bailout from Congress—which a following: and get out of the program whenever it lot of folks think is imminent—then ‘‘(4) This subsection shall not— wants, as long as it meets all of the the Commissioner shall temporarily ‘‘(A) authorize an officer or employee of an safety and soundness criteria, and all suspend that program which is causing agency to withhold information from any the capitalization and liquidity cri- a need for a bailout and recommend committee or subcommittee of jurisdiction of Congress, or any member of such com- teria that all of the regulators who reg- legislation to Congress to fix the situa- mittee or subcommittee; or ulate that bank have on them. Again, tion. ‘‘(B) limit any disclosure by the Govern- this is a very basic but important idea. Many observers, including the Wall ment Accountability Office to any com- The TARP program was designed to Street Journal, think it is a virtual mittee or subcommittee of jurisdiction of stabilize shaky banks. So if a bank certainty that we are headed toward a Congress, or any member of such committee wants to give back the money, with in- crippling blow to the FHA needing a or subcommittee.’’. terest, as long as it meets all of the bailout from Congress. Rather than (d) ACCESS TO RECORDS.— safety and soundness criteria—every rush there and heap more burdens and (1) ACCESS TO RECORDS.—Section 714(d)(1) of title 31, United States Code, is amended— one in sight—it should be able to do more requirements and more need for (A) in the first sentence, by inserting ‘‘or that. more money on the FHA, which this any entity established by an agency’’ after You would think this would be be- underlying bill does, perhaps we should ‘‘an agency’’; and yond debate. Unfortunately, it is not put in place some basic protections to

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11401 the solvency of the FHA. That is what For that reason, I urge this amend- them, I think would be a step in the my amendment does very clearly. ment be rejected. I say that respect- wrong direction. For that reason, I re- With that, I reserve the remainder of fully to my colleague. I don’t like get- spectfully ask our colleagues to oppose my time. ting up and opposing amendments for this amendment. Again, I find myself The PRESIDING OFFICER. Who the simple reason of opposing them. in the awkward position of not dis- yields time? There is a difference here, to have one agreeing with what my colleague talks The Senator from Connecticut is rec- criteria on which we would depend about in the case of both amendments; ognized. solely on the determination of return- that is, getting TARP money back as Mr. DODD. Madam President, I see ing these dollars, putting the larger soon as we can and that solvency is a my friend from Louisiana is here. I issues at risk, I think would not be the critically important function at FHA. spoke earlier about my colleague’s two right move to make at this point. That is why the statute was written amendments. I appreciate the spirit Therefore, at the appropriate time I the way it was. I agree with him on and motivation behind them. I will will ask for the amendment to be re- those points. I am just concerned if in take a couple of minutes to review my jected. the first case we set a sole criteria of concern about them. Regarding FHA—and, again, I find being well capitalized, and in the case First, regarding Senator VITTER’s myself in the awkward position of not first amendment, No. 1016, dealing with of FHA if solvency is the only value, disagreeing with my colleague. Sol- TARP money, I think we all would like then we lose the value of FHA at a vency is obviously an important issue. money coming back sooner rather than time when housing is having a hard Had the rest of the lending institutions later—getting to a point where these time finding available credit. resources come back, with additional in the country been as prudent as FHA, I yield the floor. The PRESIDING OFFICER. The Sen- interest, to the extent that taxpayers we wouldn’t be here talking about this ator from Louisiana. can be made whole as a result of com- larger problem. FHA never engaged in the exotic in- Mr. VITTER. Madam President, I ap- ing up with that money in the first in- struments that many others did in the preciate the kind comments of my col- stance and trying to bring stability to league. I note that he never disagrees the financial markets. There is no de- subprime markets with teaser rates with me, although, unfortunately, he bate about that. We agree about that. and no-doc loans, as they were called, There was significant debate that oc- or liar loans. FHA has been a well-run, always opposes my amendments. We curred about whether there should be prudent operation. Today, when very will work through that. TARP money to begin with. It wasn’t little credit is available for home mort- I have a few closing comments. First all one way. I supported it. I thought it gages, FHA is proving to be vitally im- of all, with regard to my first amend- made sense to try to stabilize our econ- portant. Thirty percent of the mort- ment allowing banks to repay the omy. I believe most believe that the gage market today is made up of FHA. TARP money as long as they are sound decision made last September, early If the goal of FHA is strictly the sol- and secure, I note that the U.S. Cham- October, was the right one. In fact, had vency of it—today it is 50 percent ber of Commerce strongly supports this we not done that, we probably would above statutorily what it is required to amendment. I have a letter from the have lost major lending institutions in have on a cap of 2 percent, at 3 percent, Chamber. the country over many months. Obvi- less than 6 they had a while ago. Obvi- I ask unanimous consent to have ously, this administration inherited a ously, we have to keep an eye on this. printed in the RECORD the letter from good part of the problem, which didn’t But the law statutorily requires the the Chamber of Commerce. begin overnight, and it is trying to Secretary of the Treasury to notify the There being no objection, the mate- grapple with it in a holistic fashion, in- Congress when, in fact, there is danger rial was ordered to be printed in the stitution by institution. of FHA falling either at or below that RECORD, as follows: My concern with the amendment of 2-percent requirement. CHAMBER OF COMMERCE my friend from Louisiana is this: He is Again, solvency is not insignificant. OF THE UNITED STATES OF AMERICA, absolutely correct that, again, if we If that becomes the criteria at a time Washington, DC, May 4, 2009. TO THE MEMBERS OF THE UNITED STATES have an institution that is well capital- when we need to be getting more credit SENATE: The U.S. Chamber of Commerce, the ized, that is a very important criteria out so we begin to get the housing mar- world’s largest business federation rep- in consideration of when these TARP ket moving again, I think it is abso- resenting more than three million businesses moneys ought to be repaid. My concern lutely essential. If FHA is forced to and organizations of every size, sector, and is it is not the only criteria. We have close down just as it is needed most, region, supports Vitter Amendment #1 to S. major lending institutions, which I making it procyclical not counter- 896, the ‘‘Helping Families Save Their Homes could make a case both in Citi and cyclical—which is exactly what we Act of 2009.’’ This amendment would remove Bank of America, that are well capital- need to be is countercyclical, not impediments to the repayment of funds re- ized but, frankly, they have other procyclical—then we would be turning ceived under the Troubled Asset Relief Pro- gram (TARP). issues they are grappling with beyond the recession in the housing area into a The Chamber supported the passage of the being well capitalized. depression, which none of us want to Emergency Economic Stabilization Act If that was the sole criterion, then see happen. (EESA) and the creation of the TARP pro- we would be able to have the TARP At this hour, it is very important gram. Inadequate credit markets blocked the money come back. Citi may want to do that we keep FHA moving in that di- life blood of the economy forcing thousands that, and Bank of America—and I am rection, watching, obviously, as my of businesses to close and millions of people not suggesting they do, but they may— colleague from Louisiana suggests by to lose their jobs. The EESA allows the fed- their problems could migrate very his amendment, that solvency not be eral government to undertake temporary measures to stabilize the financial services quickly to the larger financial prob- disregarded. sector and restore fully functioning credit lems with which we are trying to deal. Current statute already requires the markets. To bolster the effectiveness of On the one hand, I agree with the Secretary to adjust programs that en- TARP, the Treasury Department requested motivation, and that is we ought to try sure FHA remains financially sound. In that otherwise healthy firms enter the pro- to get to the bottom of this as quickly fact, like all housing-focused activi- gram. Those firms have since complied. as we can, get the TARP moneys back ties, FHA has lost money in this crisis, While the success and administration of so the Treasury is replenished with but it still has more capital than the TARP has been hotly debated, the program these resources. On the other hand, if law requires, and the quality of its bor- was always envisioned as a temporary meas- we do so prematurely solely on the ure. Last week, House Financial Services rowers is improving as we speak. That Committee Chair Barney Frank was quoted basis of being well capitalized, we can is to be applauded. in reports that he envisioned the banking end up compounding a problem that is At this very moment, were we to sector being TARP-free within a year and already serious and making it far move away from FHA when so much of that ‘‘it would be good for public confidence’’ worse. our housing market depends upon if banks repay TARP funds. Nevertheless,

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11402 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 published reports have stated that impedi- mortgage bankers, homebuilders, real- Klobuchar Merkley Specter ments may exist, or would be put in place, to tors, Lenders One—the people very in- Landrieu Mikulski Stabenow make the repayment of TARP funds prob- Lautenberg Murray Tester volved in the residential mortgage Leahy Nelson (FL) lematic at best. Udall (CO) market. I note they expressed a con- Levin Pryor The Vitter Amendment would remove any Udall (NM) cern about the amendment. Lieberman Reed Warner impediments to repaying TARP funds. The Lugar Reid I suggest the absence of a quorum. Whitehouse repayment of TARP funds is an important McCaskill Sanders Wyden element in restoring confidence in the finan- The PRESIDING OFFICER. Without Menendez Schumer cial services sector and a vital and necessary objection, the clerk will call the roll. NOT VOTING—7 step on the road to economic recovery. The assistant legislative clerk pro- Coburn Martinez Shaheen Accordingly, the Chamber urges you to ceeded to call the roll. support Vitter Amendment #1 to S. 896. Johnson McCain Mr. DODD. Madam President, I ask Kennedy Rockefeller Sincerely, R. BRUCE JOSTEN, unanimous consent that the order for The amendment (No. 1016) was re- Executive Vice President, the quorum call be rescinded. jected. Government Affairs. The PRESIDING OFFICER. Without Mr. DODD. Madam President, I move Mr. VITTER. Madam President, I objection, it is so ordered. to reconsider the vote, and I move to also note a particular line in that let- Under the previous order, there will lay that motion on the table. ter, which is an excellent point, which now be 2 minutes of debate, equally di- The motion to lay on the table was is that the repayment of these moneys vided, prior to a vote on amendment agreed to. from TARP banks will actually be an No. 1016, offered by the Senator from The PRESIDING OFFICER. Under enormously positive confidence-inspir- Louisiana, Mr. VITTER. the previous order, there will now be 2 ing turn of events, and I think it will Mr. DODD. Madam President, I think minutes of debate equally divided prior do a lot to shore up concern regarding we are both prepared to waive that to a vote on amendment No. 1017, of- financial institutions that will be cor- time. We have talked enough about the fered by the Senator from Louisiana, rectly perceived as movement in the amendments, so I am prepared to waive Mr. VITTER. right direction. that time and go right to the vote. The Senator from Connecticut is rec- With regard to my second amend- The PRESIDING OFFICER. If all ognized. ment regarding the FHA, I will just time is yielded back, the question is on Mr. DODD. Madam President, I be- note a couple of things. First of all, my agreeing to amendment No. 1016. lieve Senator VITTER and I are pre- amendment does not propose in any Mr. VITTER. Madam President, I ask pared to waive the 2 minutes equally way shutting down the FHA under any for the yeas and nays. divided. circumstances. What it says is, if the The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without FHA thinks it is headed toward insol- sufficient second? objection, it is so ordered. vency, it is going to stop these new There appears to be. The question is on agreeing to mandates on it, these new programs The clerk will call the roll. amendment No. 1017. which are pushing it toward insolvency The assistant legislative clerk called Mr. DODD. Does my colleague want a and, at the same time, immediately re- the roll. recorded vote? port to Congress about how we deal Mr. DURBIN. I announce that the Mr. VITTER. I ask for the yeas and with that situation. Senator for South Dakota (Mr. JOHN- nays. Unfortunately, I don’t think it is a SON), the Senator from Massachusetts The PRESIDING OFFICER. Is there a very well kept secret that this is a (Mr. KENNEDY), the Senator from West sufficient second? There is a sufficient grave threat for the FHA to start walk- Virginia (Mr. ROCKEFELLER), and the second. ing down the path of Fannie and Senator from (Mrs. The clerk will call the roll. Freddie and everyone else. SHAHEEN) are necessarily absent. Mr. DURBIN. I announce that the Again, the Wall Street Journal wrote Mr. KYL. The following Senators are Senator from South Dakota (Mr. JOHN- in their very prescient article, ‘‘The necessarily absent: the Senator from SON), the Senator from Massachusetts Next Housing Bust,’’ predicting exactly Oklahoma (Mr. COBURN), the Senator (Mr. KENNEDY), the Senator from West that. There are very many tell-tale from Florida (Mr. MARTINEZ), and the Virginia (Mr. ROCKEFELLER), and the signs on the horizon: Senator from Arizona (Mr. MCCAIN). Senator from New Hampshire (Mrs. According to Mortgage Bankers Associa- The PRESIDING OFFICER. Are there SHAHEEN) are necessarily absent. tion data, more than one in eight FHA loans any other Senators in the Chamber de- Mr. KYL. The following Senators are is now delinquent, nearly triple the rate of siring to vote? necessarily absent: the Senator from conventional non-subprime loan portfolios. The result was announced—yeas 39, Florida (Mr. MARTINEZ), the Senator Another 7.5 percent of recent FHA loans are nays 53, as follows: in serious delinquency, which means at least from Arizona (Mr. MCCAIN), and the 3 months overdue. The FHA is almost cer- [Rollcall Vote No. 176 Leg.] Senator from Oklahoma (Mr. COBURN). tainly going to need a taxpayer bailout in YEAS—39 The PRESIDING OFFICER (Mr. the months ahead. Barrasso Dorgan McConnell BEGICH). Are there any other Senators Let’s try to head this off before an- Bayh Ensign Murkowski in the Chamber desiring to vote? Bennett Enzi Nelson (NE) The result was announced—yeas 36, other collapse, another rattling of the Bond Graham Risch system is upon us and keep the FHA Brownback Grassley Roberts nays 56, as follows: solvent rather than having it shaken, Bunning Hatch Sessions [Rollcall Vote No. 177 Leg.] having public confidence rattled once Burr Hutchison Shelby Chambliss Inhofe Snowe YEAS—36 again and having Congress have to act Cochran Isakson Thune Alexander Crapo Kyl in a complete emergency atmosphere. Collins Johanns Vitter Barrasso DeMint Lugar My amendment would head that off in Cornyn Kohl Voinovich Bennett Ensign McConnell Crapo Kyl Webb Bond Enzi Murkowski an effective way. DeMint Lincoln Wicker Brownback Graham Risch Madam President, I reserve the re- Bunning Grassley Roberts mainder of my time to the extent I NAYS—53 Burr Gregg Sessions have any. Akaka Byrd Feingold Chambliss Hatch Shelby Alexander Cantwell Feinstein Cochran Hutchison Snowe The PRESIDING OFFICER. The Sen- Baucus Cardin Gillibrand Collins Inhofe Thune ator from Connecticut. Begich Carper Gregg Corker Isakson Vitter Mr. DODD. Madam President, I wish Bennet Casey Hagan Cornyn Johanns Wicker to add regarding the FHA amendment, Bingaman Conrad Harkin Boxer Corker Inouye NAYS—56 for my colleague’s information, joining Brown Dodd Kaufman Akaka Bayh Bennet me in opposing the amendment are the Burris Durbin Kerry Baucus Begich Bingaman

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11403 Boxer Inouye Nelson (FL) Whereas in 2 minutes and 2.66 seconds, [he] Mary Landrieu, Washington, DC, George- Brown Kaufman Pryor and Mine That Bird completed the race and town Day School; Mary Agnes Nixon, Wash- Burris Kerry Reed placed first, making it [his] second Kentucky ington, DC, Aidan Montessori School; Sydni Byrd Klobuchar Reid Cantwell Kohl Derby victory: Now, therefore, be it Rita-Louise Sumas, New Orleans, LA, Ursu- Sanders Resolved, That the Senate commends Cal- line Academy; Kelsey Teo, Bristow, VA, Cardin Landrieu Schumer vin Borel and Mine That Bird for their ex- Stonewall Jackson High School; Eliza War- Carper Lautenberg Specter traordinary victory at the 135th Kentucky Casey Leahy Stabenow ner, daughter of Senator Mark Warner, Alex- Conrad Levin Tester Derby. andria, VA, Potomac School; Brittany Dodd Lieberman Udall (CO) It is sporting events like this and Watts, Tickfaw, LA, Hammond High School. Dorgan Lincoln Udall (NM) Durbin McCaskill races run like this on a horse that cost Ms. LANDRIEU. These young ladies Feingold Menendez Voinovich $9,500, I understand, that was trailored and many young men who joined them Warner Feinstein Merkley by the owner and its manager that had a wonderful day, understanding Gillibrand Mikulski Webb Hagan Murray Whitehouse keeps this sport exciting and open for what happens at the Capitol, working Harkin Nelson (NE) Wyden so many. For all of us in Louisiana, we in the Senate. I thank them and their NOT VOTING—7 are very proud of this young jockey parents for making this day special for from down in the bayou, as we say, and us and hope and trust that their day Coburn Martinez Shaheen Johnson McCain for the pride that he brings to our was inspirational to them as they Kennedy Rockefeller State and to a wonderful industry. think about their career opportunities The amendment (No. 1017) was re- TAKE OUR DAUGHTERS AND SONS TO WORK DAY in the future. jected. Finally, let me take a moment before I yield the floor and suggest the ab- Mr. DODD. Mr. President, I move to the Senator comes back to debate the sence of a quorum. reconsider the vote and lay that mo- underlying bill and submit to the The PRESIDING OFFICER. The tion on the table. RECORD a statement about an event clerk will call the roll. The motion to lay on the table was that took place last week on Capitol The bill clerk proceeded to call the agreed to. Hill and actually around the country. roll. Mr. SCHUMER. I ask unanimous con- The PRESIDING OFFICER. The Sen- It is an event that Senator KAY BAILEY sent that the order for the quorum call ator from Louisiana is recognized. HUTCHISON and I proudly and happily, joyfully sponsor every year for the be rescinded. KENTUCKY DERBY The PRESIDING OFFICER. Without Ms. LANDRIEU. Mr. President, I Senate; that is, Take Our Daughters and Sons to Work Day. objection, it is so ordered. know we are probably going to move Mr. SCHUMER. Mr. President, I will forward on discussing the underlying It was started 17 years ago by Ms. Magazine, thinking it might be a good not offer my amendment at the mo- bill. I ask unanimous consent to speak ment. We are still trying to negotiate about a resolution I would like to dis- idea for girls, particularly girls be- tween the ages of 10 and 16, to have an it. But I want to discuss an amendment cuss for a moment, about a wonderful I will offer, hopefully, with agreement. event that actually took place in our opportunity to go to work with their parents because many women, of That is an amendment that would re- country this weekend. quire the Secretary of the Treasury, in The PRESIDING OFFICER. Without course, do wonderful work at home raising children and working out of the consultation with the Secretary of objection, it is so ordered. HUD and other housing-related Federal Ms. LANDRIEU. Mr. President, every home. But a lot of important work goes on outside of the home as well. Ms. agencies, to develop a program to ad- year for 135 years, the country has been dress the rising defaults and fore- watching and cheering and celebrating Magazine thought it would be a great opportunity for girls, particularly, and closures in multifamily properties. the Kentucky Derby. The program is necessary because the then, of course, have included boys, to While this event is not held in Lou- same excesses that occurred in the sin- go anywhere where their parents work, isiana—it is held in Kentucky—many gle-family mortgage market also oc- whether that work is out of the home people in my State and around the curred in the multifamily mortgage or in the home and actually come to country tune in. Some people have the market, leading to buildings that are appreciate the work that goes into opportunity to actually attend what significantly overleveraged with rent keeping our society moving forward has become one of the most extraor- rolls that are unable to support basic dinary sporting events in our Nation’s and this country moving forward. So KAY BAILEY HUTCHISON and I operational expenses and maintenance. calendar year. This weekend was no ex- The tenants of these buildings had ab- ception. It was an extraordinary race. cohosted. The Senator from Texas and I host this every year. I would like to solutely no input into the misguided Anyone who watched it could attest to decision of the owners and lenders who the tremendous skill of the Louisiana first acknowledge her support, also ac- knowledge Ms. Magazine that founded mortgaged the property beyond sup- born-and-bred jockey who rode Mine portable levels, but they are the ones That Bird to a victory in a heart- this day, and to thank all of our Sen- ators and staffers and workers around who will face the consequences of this pounding, quite shocking and sur- investment and foreclosure, as owners prising victory. So this resolution just the Capitol who participated in that day. are unable to meet monthly payments simply says: and maintain the properties. Whereas Calvin Borel, born and raised in I ask unanimous consent to print in the RECORD the names of the young la- In New York City alone, it is esti- St. Martin Parish, Louisiana, began riding mated that 60,000 units of multifamily match horses at the age of 8;— dies who joined me that day. There being no objection, the mate- housing are at risk of disinvestment As my husband says, we just sort of and foreclosure. We have similar prob- strap them on and let them go, but he rial was ordered to be printed in the RECORD, as follows: lems in smaller ways in many upstate most certainly learned at a young cities as well. We have seen buildings age— Sophie Boudreaux, Meraux, LA, Chalmette High School; Dominique Cravins, Wash- in New York where in order to make Whereas Mr. Borel began his professional ington, DC, St. Peter’s School; Heather the loan underwriting work, lenders es- career as a jockey at the age of 16; Duplessis, New Orleans, LA, Metairie Park timated tenant turnover rates that Whereas [he] has won more than 4,500 ca- Country Day School; Maya English, Baton reer starts; would double or triple the neighbor- Rouge, LA, St. George’s Episcopal School; Whereas [he] won the 135th Kentucky hood average, rent increases that were Matisse Gilmore, Mitchellville, MD; Monet Derby by 63⁄4 length, the greatest winning not even legal under local law, and ex- Gilmore, Mitchellville, MD; Golnaz Kamrad, margin since 1946; pected maintenance costs that were ac- Washington, DC, Georgetown Day School; Where [he] is the first jockey since 1993 to Mallory MacRostie, Bethesda, MD, Bethesda tually less than half of what the owner win both the Kentucky Oaks— Chevy Chase High School; Lily Silva, Wash- spent in previous years. This kind of Which is the fillies race— ington, DC, Georgetown Day School; Mary basic underwriting malpractice has left and the Kentucky Derby in the same year; Shannon Snellings, daughter of Senator tens of thousands of families in New

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11404 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 York State and other States vulner- The PRESIDING OFFICER. Without roundtables around my State, and able. We are not the only ones. New objection, it is so ordered. there is one thing I know for sure: York has the eleventh highest multi- Mr. SCHUMER. Mr. President, I ask health care reform must include health family delinquency rate in the country, unanimous consent that once the Sen- insurance reform. according to a recent Deutsche Bank ate resumes consideration of S. 896 on Ohioans—as are North Carolinians report. Tuesday, May 5, the time until 10:50 and people from Connecticut—are tired The 15 States with the highest multi- a.m. be for debate with respect to the of trying to get coverage and being family delinquency rates are not con- Corker amendment No. 1019, with the rebuffed because they have a ‘‘pre- centrated just in the Northeast or on time equally divided and controlled be- existing health condition.’’ They are the west coast. This is a truly national tween Senators DODD and CORKER or tired of premiums, deductibles, and problem. I ask my colleagues to listen their designees; that at 10:50 a.m., the copays that keep climbing. They are because their State may be among the Senate proceed to vote in relation to tired of fighting tooth and nail simply one-third, or close to it, the 15 out of the amendment, with no amendment in to get their claims paid. They are tired 50. They are Tennessee, Georgia, Flor- order to the amendment prior to a of wondering whether their insurer will ida, Michigan, Nevada, Texas, Illinois, vote. pay for them to see the specialist they Ohio, Indiana, Connecticut, Oklahoma, The PRESIDING OFFICER. Without need, get the medicine they need, have New York, Kentucky, Missouri, and objection, it is so ordered. the operation they need. They are tired Mississippi. f of health insurance, which is supposed While I am strongly supportive of the to ease uncertainty, breeding uncer- administration’s efforts to help fami- MORNING BUSINESS tainty instead. If they lose their job, lies across the country obtain loan Mr. SCHUMER. Mr. President, I ask they lose their insurance. If they get modifications and other financing op- unanimous consent that the Senate sick, they cannot get insurance. If they tions, a similar effort to protect ten- proceed to a period of morning busi- submit a claim, it may be paid in a ants of multifamily properties must be ness, with Senators permitted to speak month, in 3 months, in 6 months. made. It must be made in a way to pro- for up to 10 minutes each. Sometimes they fight and fight and tect the tenants first and foremost and The PRESIDING OFFICER. Without fight, and the claim is not paid at all. not let the developers and the inves- objection, it is so ordered. Ohioans are tired of their insurer treat- tors, who did all the wrong, get away f ing them like unwanted guests rather with wrongs. than paying customers. Housing experts in New York have NATIONAL TEACHER DAY To be meaningful, health care reform begun to examine options to assist Mr. BROWN. Mr. President, tomor- must be responsive. And to be respon- these buildings. There are a number of row is National Teacher Day, granting sive, health care reform must address different ways that might be effective us all an opportunity—an important insurance affordability, insurance reli- in addressing this problem. So the bot- opportunity—to honor and thank some ability, and insurance continuity. That tom line is, we need Federal expertise, of the most dedicated public servants requires a two-part strategy. leadership, and support to help deter- in our land: our teachers. Their tireless The first strategy is to give Ohioans mine the best course of action and im- devotion to the education of our chil- and every American more options. plement a program across the country dren is the greatest investment made They should be able to choose whether to ensure that innocent tenants do not in the future success of this country. to keep the coverage they have or pur- have to pay the price for the poor deci- At no time is this more obvious than chase coverage backed by the Federal sions of landlords and lenders. today. I rise to express my gratitude to This should be an easy amendment to Government. What is the difference be- support. I am not asking for any new those who make a difference in young tween the two? The federally backed plan—again, an money. We are certainly not asking to lives every day. option—would provide continuity; it bail out any of the bad actors or even My mother, who passed away 3 would be available in every part of the giving specific directions to the Treas- months ago, was a high school English country, no matter how rural, no mat- ury Department to take this approach teacher. She grew up in Georgia. She ter how sparsely populated, its benefits or that one, although I have talked to taught in Florida. She taught in Ohio. would be guaranteed, and its cost-shar- the Secretary of HUD about this prob- She always stressed the importance of ing would be affordable, no ifs, ands, or lem and, in fact, we worked on some an education but also impressed upon buts. The federally backed plan would problems related to this when he was me and my two older brothers the im- be an option but certainly not the only the head of the HPD, the housing de- portance of how we use that education. option. Americans who have employer- partment in New York City. So many teachers across the country What we are doing in this amend- are like my mother. They impart sponsored coverage would still have it. ment is simply asking the Congress to knowledge while they cultivate wis- Americans who have individual cov- direct Treasury to examine this prob- dom. They teach the facts while they erage through a private insurer would lem and develop a program to address encourage the imagination. Most im- still have that. The federally backed it in whatever way they determine portantly, our teachers inspire us to insurance would be an option, not a best. My hope is that the Treasury will achieve our greatest goals while pro- mandate. Some people will choose it, consult with HUD. It is unfair that ten- viding us with the foundation we need others will not. ants of multifamily rental buildings to do so. One reason such an option—a Federal are being left out in the cold while sin- There are over 100,000 Ohio teachers option—is important is because hun- gle-family homeowners receive focused who spend each day devoted to the edu- dreds of thousands of Americans are attention from their agencies. Single- cation and enrichment of our children. losing their jobs and have no place to family homeowners should but so There is not one Senator here who does go, have no affordable coverage op- should those in multiple developments. not owe his or her achievement in pub- tions. This would give them one. Where I urge my colleagues to support the lic service to a teacher who lit that would they turn otherwise? If you have amendment. path before us. Let’s all take the time ever tried to purchase affordable cov- I suggest the absence of a quorum. to remember that support for our erage in the individual insurance mar- The PRESIDING OFFICER. The teachers today is the surest way to pro- ket, you understand why a federally clerk will call the roll. mote a better tomorrow. backed insurance program is so impor- The bill clerk proceeded to call the f tant. If you live in a rural area where roll. no affordable insurance coverage is Mr. SCHUMER. Mr. President, I ask HEALTH INSURANCE REFORM available, you know why a federally unanimous consent that the order for Mr. BROWN. Mr. President, in the backed insurance option is so impor- the quorum call be rescinded. last 2-plus years, I have held almost 150 tant. There needs to be an option for

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11405 people who cannot find what they need your constituents in Ohio are not any less in any other economic environment. We in the private insurance market—just different from what we are hearing do not go out to eat anymore. Rarely do we as Medicare is there for seniors. The from all across the country, as I know seek entertainment the way we have in the federally backed option will give those past. Though we will still travel, I can only my colleague is aware. So we thank do that because of credit card points from under 65 a place to turn. our colleague very much for that, and my business. We are also relying on food The second strategy is to fix what is his comments on health care are very storage more so we spend a great deal less at wrong with private insurance. Ohioans important. the grocery store. All of these combine to should not be discriminated against by make one statement from our household: f insurers based on past health care Current energy prices and future speculation needs. Take, for example, Debra from KENTUCKY DERBY have and will continue to impact our ability to support a once thriving economy. Summit County, OH, near Akron. She Mr. BINGAMAN. Mr. President, even is one of the nearly 50 million Ameri- For my business, I work with truck driv- people who don’t follow horse racing, ers: owner-operators. I have lost clients as cans locked out of our health care sys- and certainly those who do, have been they have shut down because they cannot af- tem because she lacks insurance. Her thunderstruck by this year’s Kentucky ford fuel. More are on the way. Everything income is too high for Medicaid, and Derby results. The only reason I men- costs more. I do not need to belabor this her preexisting conditions—she has a tion it is that the horse wearing the point as I know all are feeling this. What I just do not understand is the stubborn bull- spinal injury and is recovering from blanket of roses this year is a gelding two heart attacks—disqualify her from headedness in the legislature of those who from . ‘‘Mine That Bird’’ finding affordable insurance in the pri- work to block everything that could ease the swept the field on Saturday, coming vate market. As a result, she has piled pain. It is as if they want to destroy this from so far behind he was last, to win country and her citizens—even those citizens up thousands of dollars in unpaid bills with nearly seven lengths separating who elected them. It is as if there is some and is in constant pain. conspiracy to destroy this country and such She wrote to me: him from his nearest competitor. We have seen his trainer, Bennie actions makes less than no sense to me. I ap- My only option [is] to start paying for my ‘‘Chip’’ Woolley, and his owners, Mark preciate the few of you who seem to be work- funeral. ing to resolve the problem. Allen and Leonard Blach, talk about Ohioans should not have to go Increasing domestic production is the only through 100 hoops just to get a claim this remarkable victory and about the immediate resolution and future technology paid or see the specialist they need. outstanding jockey, Calvin Borel. He is the only long term resolution. I support green-focused energy but not at the imme- They should not have to wait for took his horse from last to first by the shortest route possible—along the rail. diate and deadly cost to our society, econ- months to receive their claims check. omy and national security—all of which are They should not have to pay premiums It was a masterful display of ability and skill from all involved, not least on the verge of collapse through our reliance that break the bank. They should not on energy purchased from those who would have to pay copays and deductibles so the horse, and New Mexicans are de- have us destroyed—enemies foreign and do- high that coverage, for all intents and lighted that our state is home to this mestic. purposes, is meaningless. They should year’s Derby winner. It is a first for us. Again, thank you for this opportunity. not be subjected to huge bills based on f TROY. the difference between what their pro- IDAHOANS SPEAK OUT ON HIGH Thank you for allowing us to make our vider charges and their insurer’s rea- ENERGY PRICES voices heard. I am the mother of six wonder- sonable and customary payments. ful children. My husband and I have been When an insurer reimburses providers Mr. CRAPO. Mr. President, in mid- married almost 15 years. We are raising a only pennies on the dollar and patients June, I asked Idahoans to share with beautiful family of good, caring, hard work- have to pick up the difference, that is me how high energy prices are affect- ing children. The rising cost of fuel has af- not reasonable. That is not real insur- ing their lives, and they responded by fected us. We do not even have the option of ance. the hundreds. The stories, numbering purchasing a hybrid, or smaller car as our Long story short: Insurance reform, well over 1,200, are heartbreaking and family will not even fit. We will be staying closer to home this summer, though we have plus the public option, must be part of touching. While energy prices have family out of town we would love to visit. I health care reform. We cannot claim dropped in recent weeks, the concerns do not have a heart-wrenching story to give we have fixed our health care system expressed remain very relevant. To re- you, but it affects our family every day. Due while leaving a fault-riddled insurance spect the efforts of those who took the to the increasing price of food, clothing, and system intact. If we give consumers opportunity to share their thoughts, I transportation, we have cut back. We will more options, including the option to am submitting every e-mail sent to me make it, but it takes money away from sav- purchase federally backed coverage de- through an address set up specifically ings for college, savings for medical ex- penses, and just general peace of mind sav- signed to provide affordability, reli- for this purpose to the CONGRESSIONAL ability, and continuity, and if we re- ings. I am a stay-at-home mom, who has RECORD. This is not an issue that will thought more than once lately of finding a form the private health insurance sys- be easily resolved, but it is one that de- way to enter the workforce without leaving tem to require insurers to actually do serves immediate and serious atten- the upbringing of my six children to someone their job instead of skirting their li- tion, and Idahoans deserve to be heard. else. ability, we will have gone a long way Their stories not only detail their I would very much like us to open up the toward making the U.S. health care struggles to meet everyday expenses, resources we have in this great country. It system work for every American. but also have suggestions and rec- seems ludicrous to me that we have the re- The PRESIDING OFFICER. The Sen- sources right around us, and yet continue to ommendations as to what Congress can buy foreign fuels . . . The earth was placed ator from Connecticut. do now to tackle this problem and find Mr. DODD. Mr. President, I com- here to support us and we can still take care solutions that last beyond today. I ask of it even when tapping into those resources pliment our colleague from Ohio for his unanimous consent to have today’s let- that are so abundant around us. Research al- eloquent statement. I think it is im- ters printed in the RECORD. ternative energy methods, find ways to har- portant that we all hear our colleagues There being no objection, the mate- ness those things around us to power our as to what goes on in our respective rial was ordered to be printed in the lives. States. Thank you for listening. RECORD, as follows: I commend my colleague, who has SHEL, Meridian. had around 150 roundtables in his State I appreciate the opportunity to share my where he has been listening to his con- feelings on the outlandish energy cir- My husband and I are frustrated with hav- cumstances of this great country and her ing to spend so much on gasoline these days stituents on a wide range of issues. I citizens. There is no question that increasing when the oil companies are making so high think we all benefit from his report on prices have caused my family to rethink our a profit that each quarter they set a new those meetings. spending habits. Though we are able to fuel record. Why are they charging so high prices I say to my colleague from Ohio, the vehicles right now, in an attempt to save at the pump when they are continuously set- those responses you are hearing from a little more we are spending substantially ting new records? I work in downtown Boise

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11406 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 and live in southeast Boise near Micron system for other resources like hydrogen. styles will change. Why do not we embrace where there are no public transportation Why not? We did not have support for the the positive direction this drives us—away services available and impossible to ride a gasoline engines either but we did it. What from materialism and consumerism (the ha- bicycle. So I have no choice but to drive a happened to the good ole American spirit? tred of which caused us to be the target of car to work. Carpooling is not feasible due to We have a can-do attitude and I do not think the Taliban in the first place)? my schedule after work. we should be whipped by the oil companies. War on terrorism is still war. Showing love If it were not for our Economic Stimulus Let us give them some competition in other to our planet and global community by ac- Tax Rebate check, we would have to cancel alternative fuels. India uses methane gas to cepting the consequences of prior mistakes our summer vacation to to visit fam- cook with. We have a lot of dairies here in (need I elaborate?) and vowing not to repeat ily and the . Due to gas prices Idaho with a lot of cow ‘‘by product’’ that is or continue the rape our natural resources: we cannot make a trip to Washington this definitely renewable. So, lets encourage the this will heal the hatred. There is something summer to visit our three other children and American Can Do attitude and support ideas much deeper at stake here than the pocket- their families. Our daughter and son-in-law promoting renewable resources. books of the American people. I urge you to who live near Belfair, Washington, are faced ELAINE. dig for that, not for petroleum. with the difficulty with wondering how they All the issues are as connected as we will afford heat this winter because they Gas prices do not affect us in one single Americans are to the cultures that span the have oil heat in their house. They cannot af- way but in hundreds of ways. They make ev- globe. ford to purchase a new electric furnace nor erything more expensive and work to slow SUSAN, Ketchum. can they afford to have their oil tank refilled the economy as a whole. People travel less with the current prices. A few weeks ago and buy less consumer items because they I am a disabled Vietnam Veteran; my dis- when it was still cold, they ran out of oil and cost more. Therefore, companies buy less, ability benefits are $914 a month. With the had the tank refilled one-quarter. It costs expand less, and spend less on their facili- cost of gas now and the rising price of food, them approximately $450. A tank does not ties. It is like a self-fulfilling prophecy. I cannot really afford to go anywhere. It make it through the winter and they can in Please forget about short-term solutions takes me three months to save enough extra no way afford to pay current prices. such as the gas tax amnesty. That is a ridic- money to buy a tank of gas to go visit my These prices are causing difficulty for ulous idea. Our real solutions are all long- mother. who is in a home in Jackson, Wyo- many people and our government needs to term. Invest now and in ten or twenty years ming. If gas and food prices get any higher, take action to have the prices reduced to af- you’ll be patting yourself on the back. there will be no need for me to even own a fordable levels such as more drilling here at Here are my priorities for making the U.S. car, for I will not be able to afford the insur- home and not relying on foreign resources energy independent: ance and tags. and other ways to help save energy. Back in 1. More drilling everywhere, ANWR, the ROBERT. the 70s and early 80s when we had the last Gulf Coast, etc. Give oil companies more fuel crisis, the federal government ordered areas to drill. I am less concerned about gasoline price all states to drop the maximum speed limit 2. More nuclear production. Please do ev- than I am about heating fuel. Being recently to 55 mph so to save fuel. My husband and I erything you can to make it easier and (involuntarily) placed in the ‘‘fixed income’’ find that both of our vehicles get more miles cheaper for companies to put in new reac- category, I am in a position that I do have a on a tank of gas if we drive under 60 mph so tors. fair amount of discretion regarding the num- we are doing so. Perhaps the federal govern- 3. More electric and plug-in hybrid cars. ber of miles I drive each year, but as both ment could take this action again because Most people do not seem to make the con- my wife and myself are advancing in age, driving 20 miles less per hour is not that dif- nection that nuclear, coal, wind, etc. produce thus increasingly more sensitive to ficult when you plan and allow the extra electricity and without electric and plug-in hyperthermia, I am much less flexible re- time on a long trip. hybrid cars, gas prices are not going to go garding heating. The projected global cool- BETTY. down. We have the technology now for both ing for the next decade, with return to harsh of these types of cars. Let us start producing Idaho winters, simply exacerbates the situa- I need to express my concerns over the cost them! This is probably the quickest and tion. A few years ago, the highest monthly of energy. It has affected every part of my most immediate way to reduce gas prices. home energy bill I faced (fuel oil, electricity, life. I drive 40 miles one way to work every We already have all of the infrastructure in and propane) was on the order of $500. Last day. I do this because I live in the country. place. winter, that cost rose to $1,500. Looking at My costs have tripled in the last seven years. 4. Clean coal production. Nuclear alone projected fuel and electricity costs, within a I am now looking for a job that is closer to will not cut it. We need to get off of coal but few years that will increase to $3,000. Should home. But, this is my problem. I am 55 years it is going to take several decades. that happen, I am faced with the prospect of old and the sole support for my husband and Low, Low, Priorities: having to sell my house in order to afford I. He got laid off from the INL several years 1. Alternative energy (wind, solar, etc.). It heating it. ago after a bad car accident and has not been is a ridiculously small percentage of our In the 1970s, the citizens of this country ac- able to find a job that pays more than $8 a total power production for several reasons. I cepted energy conservation as a stopgap hour. As I am also older and I look closer to know that it is great politically but the measure to allow the federal government home, it will also cause me to find a lower- technology is generations away. Nuclear is a time to devise a self-sufficient and affordable paying job with less benefits. I am currently technology we already have. energy infrastructure for the country. The spending about $500 a month in gas. If I pur- 2. Hydrogen Vehicles: This technology is a federal government has not only squandered chase a newer car that gets better gas mile- long way off. Also, what about the infra- the three decades of grace given it, but has age, I am not gaining anything because I structure? It would be ridiculously expen- actively blocked all measures attempted by would have to pay a larger car payment and sive. private enterprise to develop a workable do- more insurance which would eat up any sav- I would say this to any politician: Please mestic energy supply. The only measures ings. There is no public transportation in my do what is right for the United States, re- that have been taken by the federal govern- area that I can use instead of driving. I have gardless of what is right for you personally ment (such as ethanol) have made the situa- tried carpooling, but those who have ridden or politically. That is really what we need. tion worse by skyrocketing food costs, which with me have not paid so, I am hauling peo- NATHAN, Idaho Falls. we are only seeing the leading edge of. I raise ple without any help. I am in an endless cir- poultry. A 50-pound bag of turkey finisher (of cle, and I do not appreciate the position it You may not like what I have to say. I be- which corn is a major component) cost $8 in has put me in. I am an older person who sees lieve in tough love and tough policies. Cur- 2004. In February of this year, it was $15, that I am not going to be able to retire for rent oil prices are causing changes, but they Last month, that same sack of turkey fin- a very long time. are the types of changes that create a ‘‘cor- isher was $30. A 50-pound bag of scratch grain What do I expect the government to do? I rection’’ whereby the cost of fuel is real. It rose from $5 to $15 during that same time do not expect them to nationalize the oil is real that foreign oil prices are too high to frame. Chicken feed ain’t chicken feed any companies or discourage business. I would ignore. Governments getting in the way of a more, and although transportation costs like to see more alternative options than natural rebellion to that real cost does not have contributed to feed cost, it certainly is just gasoline. There are autos out there in offer long-term sustainable solutions. Okay, not the major contributor. Whatever were other countries that are running on com- so I become a bit more frugal with the miles you people thinking of when you decided to pressed air. According to the article I read I drive; and so I start looking into buying a subsidize competition of this country’s en- on the internet, we do not accept them in more fuel-efficient vehicle. These changes ergy supply with its food supply? this country because we do not recognize cause real and natural consequences like As far as what I want to see our federal ‘‘air’’ as a fuel. Why not? If it works, let us manufacturers dumping more of their money government do, first, dissolve the Depart- allow it. Why are we behind other countries. into creating greener options for consumers. ment of Energy and replace it with a com- I have heard that we do not have the support Consumers will rebel against costs. Life- mission drawn from private enterprise, then

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11407 task them to correct the total failure of the janitors, and making sure that they have AIDS Funding Collaborative, which she DOE to devise an effective short-term and done their job. This means that she spends a chaired for 10 years. long-term energy policy for the USA. Sec- good part of her job every night in the car, Cathy currently serves on the Advi- ond, remove the hobbles the government has putting miles on driving from spot to spot. sory Committee for the Center for placed on the oil companies for using cur- Her job does not pay her for mileage nor for International Child Health at Case rently known petroleum reserves, including gas used, and does not pay enough for her to off-shore and, especially, ANWR. Third, roll be able to deduct her mileage off of her Western Reserve University, the board back the excessive and crippling regulations taxes. Since her employer cannot afford to of directors of the Institute for Re- the federal government has placed on this give her a raise and we have no way of being search on Unlimited Love, cochair of country. Quit the insane policy of requiring able to recoup the increased costs of her the Strong Families=Successful Chil- our dwindling number of refineries to doing her job, we have, in effect, had a cut in dren Vision Council at United Way, and produce dozens of different gasoline and die- income from her. I do not know what can be is a trustee of the George Gund Foun- sel blends. Return to a licensing process that done and I do not know what should be done, dation, where she serves as cochair of allows a nuclear plant, coal-fired plant, or but something needs to change because I the Communications Committee for In- refinery to be on line within five years of li- know in our case we are falling farther and vest in Children. cense application. Fourth, immediately start farther behind simply because of the in- Cathy richly deserves the 2009 Cham- rebuilding our nuclear infrastructure. Even creased price in gasoline. if you take the first three steps I propose, we There is no doubt in my mind that we can- pion for Children Award, and I thank no longer have the internal capability to not drill our way out of this problem. But her for her selfless service to Ohioans build and operate nuclear plants at the scale there is also no doubt that ignoring the op- in need.∑ needed for significant contribution to the en- tion of drilling will make matters that much f ergy future of the country. Without the gov- worse. I believe we need to have a com- ernment immediately commencing the do- prehensive energy policy that includes drill- TRIBUTE TO JOHN PHILLIPS mestic equivalent of the Manhattan Project, ing for more oil resources, increased use of ∑ Mr. COCHRAN. Mr. President, I am we will find ourselves contracting with natural gas, a reduction in the policies that pleased to commend John Phillips of France, Japan, and probably even Iran to prohibit the building of nuclear power facili- Holly Bluff, MS, for his service and build and staff our new reactors. ties, and coal liquefaction programs. contributions to the State of Mis- DARWIN, Idaho Falls. Thanks for reading my comments, sissippi during 2009, through his service JAY, Rigby. as the 74th president of Delta Council. I support the development and utilization f of our natural resources including drilling on Delta Council is an economic devel- the north slope and extracting shale oil in ADDITIONAL STATEMENTS opment organization representing the Utah, Colorado, and Wyoming. Why would business, professional, and agricultural we endanger our sovereignty by relying so leadership of the 18 delta and part- heavily on foreign oil anyway? We should be TRIBUTE TO CATHY LEWIS delta counties of Mississippi. This producing our own oil like we did in the 80s prominent and widely respected organi- when the U.S. reacted to the oil embargo of ∑ Mr. BROWN. Mr. President, today I wish to commend and congratulate zation was formed in 1935 to deal with 1973. OPEC realized that we were capable of the challenges which faced the econ- being self-sufficient so they lowered the Cathy Lewis, who has been chosen by omy and quality of life of this region of price of their oil. The way to contain energy the organization Voices for Ohio’s Chil- our State. costs is to keep reminding them that if they dren to receive the 2009 Champion for are going to take advantage of a free world John Phillips has served as president Children Award. during a period when our Nation, as economy then, they will also have to deal Voices for Ohio’s Children estab- with the natural results of competition. Our well as the State of Mississippi, and founding fathers understood the concept— lished the Champion for Children the Mississippi delta region, have expe- have we forgotten it? I do not support in- Award in 2005 to recognize local indi- rienced precedent-setting economic creased taxes for oil companies or the con- viduals or organizations demonstrating challenges. sumer. Let the oil guys make some money a commitment to improving the well- As a successful businessman and and remove the fetters of exploration, refine- being of children and their families. farmer, John has brought an abun- ment, and drilling. Let us take care of Amer- Cathy Lewis, from Cleveland, OH, has ica for a change. Every American should be dance of practical knowledge to the been a strong and clear voice for chil- role of Delta Council president. His ex- able to afford to drive—it is part of being dren and their families for many years. free. perience and expertise have enabled DON. Cathy’s volunteer and philanthropic him also to be an effective advocate for works have made a real difference in flood protection in the Yazoo-Mis- Fewer trips, less fishing, flying when I used the lives of thousands of Clevelanders, sissippi River basin. Additionally, he to drive—all because the [partisan behavior most of whom she is likely never to has demonstrated the foresight to ac- of politicians]. Most lack plain old ‘common meet. But her commitment to see our celerate and expand the efforts of Delta sense’, lack any business or military horse children get a strong start in life and Council in other important areas of in- sense. I believe price of fuel will continue up- the nurturing development they de- terest such as improved access to ward until we fix [partisan posturing]. serve has changed lives and our com- BOB. healthcare, adult literacy, early child- munity for the better. hood education, and transportation I just wanted to take a moment to write to Cathy’s life has been one of service to throughout this region of our State. you to let you know how the price of gaso- others. As chairperson of the board of John has also proven himself to be an line has affected me and my family and the directors of the Cleveland Foundation exemplary conservationist by sup- recent past. I am a student working on my from 2001 to 2003, she was instrumental porting efforts to protect wildlife and doctorate in Political Science at ISU. This in starting Cuyahoga County’s early other valuable natural resources. He last semester I had to drive down from Rigby childhood initiative, Invest in Chil- has utilized his year of service as presi- to Pocatello five days a week. As you may be dren. This successful public/private aware, that is a one-way distance of about 70 dent of Delta Council to advance the miles. The cost last semester for transpor- partnership has helped families and economic opportunities of all of the tation to and from campus almost broke me. communities provide that nurturing people of the Mississippi delta region. I With the prices as they are presently I am environment that we know is essential am confident that John will continue lucky that I am only going to have to go to for the success of our children. to be an effective leader for the Mis- the Pocatello campus one day a week in the As Americans we are realizing the sissippi delta in the years ahead. fall semester or I would have to drop out be- depth and breadth of the impact of In Mississippi we appreciate John cause I would not be able to afford the trans- HIV/AIDS on our communities, Cathy Phillips, and his wife Ann Elise, their portation costs simply to get from home to stepped up with others to form the son, Jack, and their daughters, Whit- campus and back home again. My wife works for janitorial service and Citizens’ Committee on AIDS/HIV. This ney and Reid, for the sacrifices they Idaho Falls as a night supervisor, and part of group created a strategy for addressing have made to help improve the quality her job requires her to drive from site to AIDS prevention, education, and serv- of life of all who live in the Mississippi site, delivering supplies, checking on the ices that continues to this day as the delta.∑

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11408 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 HONORING THE NEW HAMPSHIRE John A. was born in 1909 in Bay MESSAGES FROM THE PRESIDENT STUDENT HONOREES IN THE 2009 Minnette, AL. He graduated from Ala- Messages from the President of the PRUDENTIAL SPIRIT OF COMMU- bama Polytechnic Institute, now United States were communicated to NITY AWARDS known as Auburn University, in 1936, the Senate by Mrs. Neiman, one of his ∑ Mrs. SHAHEEN. Mr President, I the same year that he married the love secretaries. of his life, Katherine Virginia Stowers, would like to congratulate and honor f two young New Hampshire students at the Snowdoun United Methodist who have achieved national recogni- Church in Montgomery. Together, they EXECUTIVE MESSAGES REFERRED tion for exemplary volunteer service in have two daughters, Kitty Walter Daw- As in executive session the Presiding their communities. Edward Zaremba son and Mary John, a son-in-law Sim Officer laid before the Senate messages III of Hampstead and Colleen Slein of Byrd, three grandchildren, and five from the President of the United Salem have just been named State great-grandchildren. States submitting sundry nominations Honorees in the 2009 Prudential Spirit Most people in Alabama know John which were referred to the appropriate of Community Awards program, an an- A. for his many contributions to Ala- committees. nual honor conferred on only one high bama’s agriculture industry. During (The nominations received today are school student and one middle school the 1950s, he served as the State direc- printed at the end of the Senate pro- student in each State. tor of commodity services for the Ala- ceedings.) Mr. Zaremba was nominated by Pin- bama Farm Bureau. Later, he would go f kerton Academy for his work in co- on to own and operate Cherokee Build- founding a club at his school that pro- ers, an industrial and commercial con- MESSAGE FROM THE HOUSE motes awareness and inclusion of stu- struction business. dents with developmental disabilities. In 1969, he was appointed by Presi- ENROLLED BILL SIGNED The club sponsors social events dent Nixon to serve as the director of throughout the year so that classmates the Alabama Farmer’s Home Adminis- At 2:08 p.m., a message from the with and without disabilities cannot tration, a position he would hold until House of Representatives, delivered by only have fun together, but learn from 1977. In the early 1970s, John A. became Mrs. Cole, one of its reading clerks, an- each other as well. nounced that the Speaker has signed Ms. Slein was nominated by St. Jo- a nationally recognized leader on agri- the following enrolled bill: seph Regional Catholic School for her cultural and water issues. Later, at the work raising money for the Cystic Fi- age of 68, John A. established the Ala- S. 735. An act to ensure States receive bama Rural Water Association, an or- adoption incentive payments for fiscal year brosis Foundation. She baked cookies 2008 in accordance with the Fostering Con- and cupcakes every night for 2 months ganization of which he served as execu- tive director for 17 years. nections to Success and Increasing Adop- and sold them at school the next day, tions Act of 2008. raising a total of $440 for this very wor- An avid leader, John A. is the recipi- ent of many honors and awards. In 1970, The enrolled bill was subsequently thy organization. signed by the President pro tempore It is important that we encourage John A. was designated an Honorary (Mr. BYRD). and support the kind of selfless con- State Farmer by the Future Farmers tributions these young people have of America. Two years later, he re- f made. People of all ages need to think lieved the ACTION Federal Employee REPORTS OF COMMITTEES more about how we, as individual citi- Distinguished Voluntary Service The following reports of committees zens, can work together at the local Award for his extraordinary volunteer were submitted: level to ensure the health and vitality service. In 1985, Auburn University of our towns and neighborhoods. Young honored John A. for his outstanding By Mr. DODD, from the Committee on volunteers such as Mr. Zaremba and services on the Montgomery County Banking, Housing, and Urban Affairs: Report to accompany S. 414, a bill to Ms. Slein are examples to all of us, and Auburn Committee. He was named Ala- amend the Consumer Credit Protection Act, I commend them for their service. bama Arthritis Foundation Humani- to ban abusive credit practices, enhance con- I would also like to congratulate two tarian of the Year in 1989 and was in- sumer disclosures, protect underage con- other young people in my State of New ducted into the Alabama Senior Citi- sumers, and for other purposes (Rept. No. Hampshire who were named Distin- zens Hall of Fame in 1991. 111–16). guished Finalists by the Prudential John A. is also known for his wit and f Spirit of Community Awards for their wisdom. In addition to authoring nu- EXECUTIVE REPORTS OF outstanding volunteer service. Rachel merous poems, John A. penned the se- COMMITTEES Liff of Bedford prepared a handbook for crets to a wonderful life: a positive at- Special Olympics athletes and volun- titude and thinking, clean living, and The following executive reports of teers, and Jane Stark of Merrimack ‘‘Toddy Time’’ every afternoon. Indeed, nominations were submitted: raised money to purchase water filtra- Congress should live by his rules. By Mr. LIEBERMAN for the Committee on tion systems for people living in devel- Today, John A. remains very active Homeland Security and Governmental Af- oping countries. in his community. He attends the fairs. All these young people have dem- *Ivan K. Fong, of Ohio, to be General Coun- monthly meetings of the Snowdoun onstrated a level of commitment and sel, Department of Homeland Security. community, Snowdoun Volunteer Fire accomplishment that is encouraging in *Timothy W. Manning, of New Mexico, to Department, Montgomery County Alfa, today’s world, and they deserve our ad- be Deputy Administrator for National Pre- miration and respect. Their initiative and the Alabama Cattlemen’s Associa- paredness, Federal Emergency Management Agency, Department of Homeland Security. shows that young Americans can—and tion. John A. can also frequently be do—play important roles in their com- found greeting the visitors at his gift *Nomination was reported with rec- munities, and that America’s commu- shop on Mulberry Street or riding on ommendation that it be confirmed sub- nity spirit continues to hold great his farm and tending to his cattle. ject to the nominee’s commitment to promise for the future.∑ On the day of his 100th birthday, respond to requests to appear and tes- John A. will be celebrated by his tify before any duly constituted com- f friends and family, and honored for his mittee of the Senate. TRIBUTE TO JOHN A. GARRETT dedication and many contributions to f ∑ Mr. SHELBY. Mr. President, today I Alabama. I wish him much luck in his pay tribute to John A. Garrett, an hon- future endeavors, and I ask this entire INTRODUCTION OF BILLS AND orable Alabamian and a good friend of Senate to join me in recognizing and JOINT RESOLUTIONS mine. On Sunday, May 10, 2009, John A. honoring the life of my good friend The following bills and joint resolu- will celebrate his 100th birthday. John A. Garrett.∑ tions were introduced, read the first

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A bill to authorize the regulation of name of the Senator from Alaska (Mr. credit default swaps and other swap agree- was added as a cosponsor of S. 146, a ments, and for other purposes; to the Com- bill to amend the Federal antitrust BEGICH) was added as a cosponsor of S. mittee on Banking, Housing, and Urban Af- laws to provide expanded coverage and 476, a bill to amend title 10, United fairs. to eliminate exemptions from such States Code, to reduce the minimum By Mr. KERRY (for himself and Mr. laws that are contrary to the public in- distance of travel necessary for reim- LUGAR): terest with respect to railroads. bursement of covered beneficiaries of S. 962. A bill to authorize appropriations S. 211 the military health care system for for fiscal years 2009 through 2013 to promote travel for specialty health care. an enhanced strategic partnership with At the request of Mrs. MURRAY, the Pakistan and its people, and for other pur- name of the Senator from Arkansas S. 546 poses; to the Committee on Foreign Rela- (Mrs. LINCOLN) was added as a cospon- At the request of Mr. REID, the tions. sor of S. 211, a bill to facilitate nation- names of the Senator from Vermont By Mr. ALEXANDER: wide availability of 2–1–1 telephone (Mr. SANDERS) and the Senator from S. 963. A bill to amend the Internal Rev- service for information and referral on Alaska (Mr. BEGICH) were added as co- enue Code of 1986 to provide taxpayers a flat human services and volunteer services, sponsors of S. 546, a bill to amend title tax alternative to the current income tax 10, United States Code, to permit cer- system; to the Committee on Finance. and for other purposes. By Mr. FEINGOLD (for himself, Mr. S. 229 tain retired members of the uniformed REID, Mr. KOHL, and Mr. KENNEDY): At the request of Mrs. BOXER, the services who have a service-connected S. 964. A bill to authorize the President to name of the Senator from Louisiana disability to receive both disability posthumously award a gold medal on behalf (Ms. LANDRIEU) was added as a cospon- compensation from the Department of of Congress to Robert M. LaFollette, Sr., in sor of S. 229, a bill to empower women Veterans Affairs for their disability recognition of his important contributions and either retired pay by reason of to the Progressive movement, the State of in Afghanistan, and for other purposes. S. 238 their years of military service or Com- Wisconsin, and the United States; to the bat-Related Special Compensation. Committee on Banking, Housing, and Urban At the request of Mr. WYDEN, the Affairs. name of the Senator from Alaska (Mr. S. 566 By Mr. BINGAMAN (for himself and BEGICH) was added as a cosponsor of S. At the request of Mr. DURBIN, the Mr. UDALL of New Mexico): 238, a bill to provide $50,000,000,000 in name of the Senator from Vermont S. 965. A bill to approve the Taos Pueblo new transportation infrastructure (Mr. SANDERS) was added as a cospon- Indian Water Rights Settlement Agreement, sor of S. 566, a bill to create a Finan- and for other purposes; to the Committee on funding through bonding to empower Indian Affairs. States and local governments to com- cial Product Safety Commission, to By Mr. REID (for Mr. ROCKEFELLER (for plete significant infrastructure provide consumers with stronger pro- himself and Mr. WHITEHOUSE)): projects across all modes of transpor- tections and better information in con- S. 966. A bill to improve the Federal infra- tation, including roads, bridges, rail nection with consumer financial prod- structure for health care quality improve- and transit systems, ports, and inland ucts, and to give providers of consumer ment in the United States; to the Committee waterways, and for other purposes. financial products more regulatory cer- on Finance. tainty. By Mr. BINGAMAN: S. 410 S. 967. A bill to amend the Energy Policy At the request of Mrs. LINCOLN, the S. 581 and Conservation Act to create a petroleum name of the Senator from Alaska (Mr. At the request of Mr. BENNET, the product reserve, and for other purposes; to BEGICH) was added as a cosponsor of S. name of the Senator from Wisconsin the Committee on Energy and Natural Re- 410, a bill to amend part E of title IV of (Mr. FEINGOLD) was added as a cospon- sources. the Social Security Act to ensure sor of S. 581, a bill to amend the Rich- By Mr. REID (for himself, Mr. PRYOR, States follow best policies and prac- ard B. Russell National School Lunch Mrs. MURRAY, Mr. MENENDEZ, and Act and the Child Nutrition Act of 1966 Mr. BENNET): tices for supporting and retaining fos- S. 968. A bill to award competitive grants ter parents and to require the Sec- to require the exclusion of combat pay to eligible partnerships to enable the part- retary of Health and Human Services from income for purposes of deter- nerships to implement innovative strategies to award grants to States to improve mining eligibility for child nutrition at the secondary school level to improve stu- the empowerment, leadership, support, programs and the special supplemental dent achievement and prepare at-risk stu- training, recruitment, and retention of nutrition program for women, infants, dents for postsecondary education and the foster care, kinship care, and adoptive and children. workforce; to the Committee on Health, Edu- parents. S. 584 cation, Labor, and Pensions. S. 423 At the request of Mr. HARKIN, the f At the request of Mr. AKAKA, the names of the Senator from Vermont name of the Senator from Iowa (Mr. (Mr. LEAHY), the Senator from SUBMISSION OF CONCURRENT AND GRASSLEY) was added as a cosponsor of Vermont (Mr. SANDERS) and the Sen- SENATE RESOLUTIONS S. 423, a bill to amend title 38, United ator from Alaska (Mr. BEGICH) were added as cosponsors of S. 584, a bill to The following concurrent resolutions States Code, to authorize advance ap- ensure that all users of the transpor- and Senate resolutions were read, and propriations for certain medical care tation system, including pedestrians, referred (or acted upon), as indicated: accounts of the Department of Vet- erans Affairs by providing two-fiscal bicyclists, transit users, children, older By Mr. INOUYE (for himself, Mr. year budget authority, and for other individuals, and individuals with dis- AKAKA, and Mr. KERRY): S. Res. 126. A resolution commemorating purposes. abilities, are able to travel safely and the 150th anniversary of the arrival of the S. 475 conveniently on and across federally Sisters of the Sacred Hearts in Hawai’i; con- At the request of Mr. BURR, the funded streets and highways. sidered and agreed to. names of the Senator from Texas (Mrs. S. 614 By Ms. SNOWE: HUTCHISON), the Senator from Nevada At the request of Mrs. HUTCHISON, the S. Res. 127. A resolution recognizing the (Mr. ENSIGN) and the Senator from Ar- name of the Senator from Nebraska members of the and the physicians of Maine Medical Center for the kansas (Mrs. LINCOLN) were added as (Mr. NELSON) was added as a cosponsor open-heart surgery they performed on a 6- cosponsors of S. 475, a bill to amend the of S. 614, a bill to award a Congres- year-old Iraqi girl; to the Committee on Servicemembers Civil Relief Act to sional Gold Medal to the Women Armed Services. guarantee the equity of spouses of mili- Airforce Service Pilots (″WASP″).

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S. 634 (Mr. BOND) was added as a cosponsor of Iran Sanctions Act of 1996 to enhance At the request of Mr. HARKIN, the S. 828, a bill to amend the Energy Pol- United States diplomatic efforts with names of the Senator from Rhode Is- icy Act of 2005 to provide loan guaran- respect to Iran by expanding economic land (Mr. WHITEHOUSE) and the Senator tees for projects to construct renew- sanctions against Iran. from Washington (Mrs. MURRAY) were able fuel pipelines, and for other pur- S. 909 added as cosponsors of S. 634, a bill to poses. At the request of Mr. KENNEDY, the amend the Elementary and Secondary S. 832 names of the Senator from West Vir- Education Act of 1965 to improve At the request of Mr. NELSON of Flor- ginia (Mr. ROCKEFELLER) and the Sen- standards for physical education. ida, the name of the Senator from Kan- ator from New Jersey (Mr. MENENDEZ) S. 644 sas (Mr. BROWNBACK) was added as a co- were added as cosponsors of S. 909, a At the request of Mr. THUNE, his sponsor of S. 832, a bill to amend title bill to provide Federal assistance to name was added as a cosponsor of S. 36, United States Code, to grant a Fed- States, local jurisdictions, and Indian 644, a bill to amend title 10, United eral charter to the Military Officers tribes to prosecute hate crimes, and for States Code, to include service after Association of America, and for other other purposes. September 11, 2001, as service quali- purposes. S. CON. RES. 19 fying for the determination of a re- S. 841 duced eligibility age for receipt of non- At the request of Mrs. BOXER, the At the request of Mr. KERRY, the regular service retired pay. name of the Senator from Louisiana name of the Senator from Massachu- (Ms. LANDRIEU) was added as a cospon- S. 645 setts (Mr. KENNEDY) was added as a co- sor of S. Con. Res. 19, a concurrent res- At the request of Mrs. LINCOLN, the sponsor of S. 841, a bill to direct the names of the Senator from New Jersey olution expressing the sense of Con- Secretary of Transportation to study gress that the Shi’ite Personal Status (Mr. MENENDEZ) and the Senator from and establish a motor vehicle safety Law in Afghanistan violates the funda- Montana (Mr. TESTER) were added as standard that provides for a means of cosponsors of S. 645, a bill to amend mental human rights of women and alerting blind and other pedestrians of should be repealed. title 32, United States Code, to modify motor vehicle operation. the Department of Defense share of ex- S. RES. 76 S. 846 penses under the National Guard Youth At the request of Ms. CANTWELL, the Challenge Program. At the request of Mr. DURBIN, the name of the Senator from Nevada (Mr. names of the Senator from Illinois (Mr. S. 663 ENSIGN) was added as a cosponsor of S. BURRIS), the Senator from Alaska (Mr. At the request of Mr. NELSON of Ne- Res. 76, a resolution expressing the BEGICH), the Senator from Hawaii (Mr. braska, the name of the Senator from sense of the Senate that the United AKAKA), the Senator from Vermont Ohio (Mr. BROWN) was added as a co- States and the People’s Republic of sponsor of S. 663, a bill to amend title (Mr. SANDERS) and the Senator from China should work together to reduce 38, United States Code, to direct the Pennsylvania (Mr. SPECTER) were or eliminate tariff and nontariff bar- Secretary of Veterans Affairs to estab- added as cosponsors of S. 846, a bill to riers to trade in clean energy and envi- lish the Merchant Mariner Equity award a congressional gold medal to ronmental goods and services. Dr. Muhammad Yunus, in recognition Compensation Fund to provide benefits S. RES. 125 of his contributions to the fight to certain individuals who served in At the request of Mr. LAUTENBERG, against global poverty. the United States merchant marine the names of the Senator from Illinois S. 866 (including the Army Transport Service (Mr. BURRIS), the Senator from Con- and the Naval Transport Service) dur- At the request of Mr. REED, the name necticut (Mr. DODD), the Senator from ing World War II. of the Senator from Maine (Ms. SNOWE) New York (Mrs. GILLIBRAND) and the S. 682 was added as a cosponsor of S. 866, a Senator from Oregon (Mr. WYDEN) were At the request of Mr. DURBIN, the bill to amend the Elementary and Sec- added as cosponsors of S. Res. 125, a name of the Senator from Arkansas ondary Education Act of 1965 regarding resolution in support and recognition (Mrs. LINCOLN) was added as a cospon- environmental education, and for other of National Train Day, May 9, 2009. purposes. sor of S. 682, a bill to amend the Public AMENDMENT NO. 1030 S. 883 Health Service Act to improve mental At the request of Mr. THUNE, the At the request of Mr. KERRY, the and behavioral health services on col- name of the Senator from Utah (Mr. name of the Senator from Alaska (Mr. lege campuses. BENNETT) was added as a cosponsor of BEGICH) was added as a cosponsor of S. S. 701 amendment No. 1030 intended to be pro- 883, a bill to require the Secretary of At the request of Mr. KERRY, the posed to S. 896, a bill to prevent mort- the Treasury to mint coins in recogni- name of the Senator from Nevada (Mr. gage foreclosures and enhance mort- tion and celebration of the establish- REID) was added as a cosponsor of S. gage credit availability. 701, a bill to amend title XVIII of the ment of the Medal of Honor in 1861, AMENDMENT NO. 1033 Social Security Act to improve access America’s highest award for valor in of Medicare beneficiaries to intra- action against an enemy force which At the request of Mr. CASEY, the venous immune globulins (IVIG). can be bestowed upon an individual names of the Senator from Ohio (Mr. BROWN) and the Senator from South S. 714 serving in the Armed Services of the Dakota (Mr. JOHNSON) were added as At the request of Mr. WEBB, the name United States, to honor the American cosponsors of amendment No. 1033 in- of the Senator from Maine (Ms. SNOWE) military men and women who have was added as a cosponsor of S. 714, a been recipients of the Medal of Honor, tended to be proposed to S. 896, a bill to bill to establish the National Criminal and to promote awareness of what the prevent mortgage foreclosures and en- Justice Commission. Medal of Honor represents and how or- hance mortgage credit availability. S. 823 dinary Americans, through courage, AMENDMENT NO. 1036 At the request of Ms. SNOWE, the sacrifice, selfless service and patriot- At the request of Mr. KERRY, the name of the Senator from Maine (Ms. ism, can challenge fate and change the name of the Senator from COLLINS) was added as a cosponsor of S. course of history. (Mrs. BOXER) was added as a cosponsor 823, a bill to amend the Internal Rev- S. 908 of amendment No. 1036 intended to be enue Code of 1986 to allow a 5-year At the request of Mr. BAYH, the proposed to S. 896, a bill to prevent carryback of operating losses, and for names of the Senator from Maine (Ms. mortgage foreclosures and enhance other purposes. SNOWE), the Senator from Washington mortgage credit availability. S. 828 (Ms. CANTWELL) and the Senator from AMENDMENT NO. 1038 At the request of Mr. HARKIN, the Nebraska (Mr. NELSON) were added as At the request of Mrs. BOXER, the name of the Senator from Missouri cosponsors of S. 908, a bill to amend the name of the Senator from Maine (Ms.

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SNOWE) was added as a cosponsor of cluding the Securities and Exchange visions which together created a flat amendment No. 1038 intended to be pro- Commission, SEC, and the Commod- out prohibition on the regulation of posed to S. 896, a bill to prevent mort- ities Futures Trading Commission, every kind of swap the authors could gage foreclosures and enhance mort- CFTC—from exercising oversight or think of, including credit default, com- gage credit availability. issuing regulations to ensure the safety modity, equity, foreign currency, inter- AMENDMENT NO. 1040 and soundness of swap transactions. est rate, and even weather swaps. That At the request of Mr. REED, the That prohibition has been in place for type of sweeping statutory prohibition names of the Senator from California nearly 10 years now, since the year had never been included in any bill (Mrs. BOXER), the Senator from Massa- 2000; it has never made any sense; it voted on by the Senate before being in- chusetts (Mr. KERRY), the Senator from helped cause the financial crisis that is serted into a must-pass appropriations Connecticut (Mr. LIEBERMAN), the Sen- engulfing the American economy; and bill in December 2000. That omnibus ator from New Jersey (Mr. LAUTEN- it ought to be eliminated immediately. appropriations bill was approved by the BERG), the Senator from New York (Mr. The bill we are introducing today, Senate on a voice vote. SCHUMER), the Senator from Rhode Is- the Authorizing the Regulation of Today we are living with the disas- land (Mr. WHITEHOUSE), the Senator Swaps Act, would do just that. It would trous consequences of that ill-con- from Illinois (Mr. DURBIN) and the Sen- immediately repeal the statutory pro- ceived prohibition on the regulation of ator from Michigan (Mr. LEVIN) were hibition on the SEC and CFTC from swaps. added as cosponsors of amendment No. regulating swaps. In addition, the bill One example says it all: AIG. AIG is 1040 intended to be proposed to S. 896, a would give authority to federal finan- a financial holding company that, all bill to prevent mortgage foreclosures cial regulators, including bank, securi- by itself, has cost taxpayers more than and enhance mortgage credit avail- ties, and commodities regulators, to $150 billion so far. Over a period of ability. oversee and regulate all types of swap years, AIG had issued more than $400 f agreements, whether traded on an ex- billion in credit default swaps without STATEMENTS ON INTRODUCED change or over-the-counter, including setting aside sufficient capital or li- BILLS AND JOINT RESOLUTIONS credit default, commodity, equity, for- quidity reserves. After its swaps began eign currency, and interest rate swaps. losing value, AIG’s counterparties re- By Mr. LEVIN (for himself and The bill would enable financial regu- Ms. COLLINS): quired AIG to post multi-billion-dollar lators, for the first time since 2000, to collateral to secure payment on those S. 961. A bill to authorize the regula- exercise oversight of the now largely tion of credit default swaps and other swaps, and a credit rating downgrade hidden and unregulated swaps markets. threatened to increase its collateral swap agreements, and for other pur- To understand why this legislation is poses; to the Committee on Banking, calls, AIG came pleading for a taxpayer needed and should be enacted promptly bailout. The $150 billion in taxpayer Housing, and Urban Affairs. without waiting for the larger financial Mr. LEVIN. Mr. President, I am in- dollars was needed not only to keep reform bill that’s coming, I want to re- troducing legislation today, along with AIG afloat, but also to bail out a dozen view some history. Twelve years ago, Senator COLLINS, to strengthen the other large financial institutions that in 1997, Brooksley Born, then the head transparency, accountability, and sta- had purchased credit protection from of the CFTC, raised a red flag about the bility of a key aspect of our nation’s fi- AIG, including Goldman Sachs, Merrill growing use of over-the-counter swaps nancial system. Right now, trillions of Lynch, and Bank of America. and other derivatives that were being dollars in complex financial trans- Apparently, none of those credit de- traded outside of regulated exchanges actions known as swap agreements are fault swap exposures had been known and outside of normal federal over- being marketed, traded, and imple- to Federal regulators until AIG in- sight. She called for a study of those mented by financial institutions oper- formed the Federal Reserve on a Fri- over-the-counter transactions and for ating in the U.S. without adequate day that it was likely to go out of busi- comments on whether they should be oversight or regulation. ness the following week unless pro- Swaps are typically an agreement be- subject to some type of regulation. Her effort was immediately met with vided billions in taxpayer support. tween two parties placing a bet on fu- When regulators understood how far in ture cash flows. Some swaps bet on resistance, however, from not only the financial industry that profited from the hole AIG had fallen and how many whether a stock price, interest rate, financial institutions would be affected commodity price, or currency value swaps trading, but also other Federal regulators then in office. For example, by its financial collapse, they deter- will rise or fall; others bet on whether mined that they had no choice but to a company will default on payment of then Federal Reserve Chairman Alan Greenspan, then Treasury Secretary prop up the whole mess with taxpayer a bond. Stock price bets are referred to dollars. as equity swaps; bets on whether com- Robert Rubin, and then SEC Chairman AIG is not the only financial institu- panies will be unable to pay their debts Arthur Levitt all opposed her effort to tion with risky credit default swaps. are referred to as credit default swaps. even examine over-the-counter swap As of June 2008, according to data agreements. The dominant view at the But even if federal regulators know of compiled by the Bank of International time was that regulation was unneces- other high-risk problems, the law has Settlements, worldwide swaps markets sary and would only slow down a boom- tied their hands in terms of what steps included credit default swaps with a ing market. can be taken in response. Even meas- total notional value of $57 trillion; In 1998, at the urging of then Chair- ures that most experts believe would commodity swaps with a notional man Greenspan, Secretary Rubin, reduce systemic risks, such as requir- value of $13 trillion; equity swaps with Chairman Levitt, and others, Congress ing companies to use credit default a notional value of $10 trillion; foreign enacted legislation which actually swap clearinghouses or requiring trad- currency swaps with a notional value barred the CFTC from conducting the ers to disclose all credit default swap of $62 trillion; and interest rate swaps study that Chairman Born wanted and transactions, cannot be fully imple- with a notional value of $458 trillion. from developing any regulatory alter- mented, because Federal agencies lack These multi-trillion-dollar swap trans- natives for over-the-counter swaps. the authority to regulate swaps. actions are going on full bore, without In 2000, Congress went farther. In late Seven months ago, during a Senate appropriate U.S. disclosure require- December, during the final days of the hearing in September 2008, Christopher ments, clearing requirements, capital 106th Congress, legislation affecting a Cox, then chairman of the SEC, testi- or liquidity safeguards, or other meas- range of financial issues was slipped fied that the credit default swap mar- ures to protect the U.S. financial sys- without notice into a conference report ket was ‘‘completely lacking in trans- tem against systemic risk. of an omnibus appropriations bill. That parency’’ and ‘‘ripe for fraud and ma- Why? Because current law prohibits legislation, called the Commodity Fu- nipulation.’’ A few days later he called key Federal financial regulators—in- tures Modernization Act, included pro- on Congress to take ‘‘swift action’’ to

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.000 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11412 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 give regulators the authority to over- cial system. Regulators could then use quate federal oversight or regulatory author- see credit default swaps. But the statu- this data to look into what additional ity. Hundreds of billions of taxpayer dollars tory barriers prohibiting swaps regula- safeguards are needed and what abuses have already been expended to overcome the failures of firms that engaged in unregulated tion have remained in place. need to be stopped. swaps. The bill contains the following provi- Giving the regulators what they have One thing the bill would not do is re- sions. asked for is long overdue. It does not quire federal financial regulators to Repeal Existing Prohibitions on Regu- make sense for Federal regulators to be regulate swaps or tell them how to reg- lating Swaps. The bill would repeal over a statutorily barred from requiring dis- ulate swaps if they decide to do so. dozen provisions in existing law, including in closure of swap transactions, man- That is left for the larger regulatory the Commodity Futures Modernization Act dating use of clearinghouses, or impos- reform bill coming later this year. The of 2000, which prohibit federal financial regu- lators from regulating swap agreements. ing other safeguards particularly in only instruction provided in this bill is Authorize the Regulation of Swaps. The light of the size of the swaps market that, if any regulator decides to act, it bill would give authority to federal financial with trillions of dollars in credit de- must consult, work, and cooperate regulators, including bank, securities and fault swap, interest rate, commodity, with all of the other federal financial commodities regulators, to oversee and regu- equity, foreign currency, and other regulators to ensure swaps are treated late all types of swap agreements, including swaps. in a consistent way. credit default, commodity, equity, interest Even some past opponents of swaps I see this bill as a necessary first step rate, and foreign currency swaps. The bill regulation have rethought their opposi- to eliminate harmful statutory bar- uses the same definition of swap agreement that is used in current law to prohibit swaps tion. riers that tie regulators’ hands, impede regulation, and would authorize federal over- Alan Greenspan acknowledged last oversight of the multi-trillion-dollar sight and regulation of all exchange-traded October that there are ‘‘serious prob- swaps markets, and create systemic and over-the-counter swaps. lems’’ associated with credit default risk. The bill does not take the needed Require Consistent Treatment of Swaps. swaps. second step of laying out ways to regu- The bill does not require federal regulators Robert Rubin recently acknowledged late swaps. It does not, for example, to regulate swap agreements—it merely au- that derivatives, which include swaps, specify swaps recordkeeping, disclosure thorizes such regulation and removes bar- ‘‘create systemic risk.’’ riers that have prevented this regulation requirements, clearing requirements, since 2000. Nor does the bill provide any di- Arthur Levitt said it was a mistake capital or liquidity safeguards, or other rection to federal financial regulators on not to have regulated swap agree- measures. Senator COLLINS has another how to regulate swaps other than to require ments. bill that, in part, addresses credit de- them to consult, work, and cooperate with Top financial officials in the Obama fault swaps clearinghouses; I have a each other to promote consistency in the Administration, including Treasury separate bill that specifies safeguards treatment of swap agreements. Secretary Tim Geithner, National Eco- in the area of commodity swaps. Other Establish Interim Authority. By removing nomic Council Chairman Larry Sum- colleagues have introduced bills that existing statutory prohibitions and pro- viding federal financial regulators with au- mers, SEC Chair Mary Schapiro, and address a variety of swaps issues. The thority to oversee and regulate swaps, the CFTC nominee Gary Gensler have all legislation we are introducing today bill would eliminate harmful statutory bar- called publicly for stronger regulation does not contradict or preclude any of riers, give regulators immediate interim au- of over-the-counter transactions, in- those other approaches it is an interim thority over multi-trillion-dollar swaps mar- cluding swap agreements. measure that would clear the way for kets, and clear the way for more specific Congress and the Administration are more specific swaps requirements in swaps requirements in subsequent com- now engaged in an effort to enact com- subsequent reform legislation. prehensive financial reform legislation later prehensive financial reforms to safe- The Levin-Collins bill offers a lim- this year. guard our economy. While some of ited, commonsense way to restore im- By Mr. KERRY (for himself and those reforms require a lot of time and mediate federal authority over a high- Mr. LUGAR): deliberation to get right, others can— risk, high-dollar financial sector that S. 962. A bill to authorize appropria- and should—be implemented more has operated for too long in the shad- tions for fiscal years 2009 through 2013 quickly. Removing the prohibition on ows, and whose failure has cost us hun- to promote an enhanced strategic part- regulating swaps is one of those re- dreds of billions of dollars so far. Due nership with Pakistan and its people, forms that can and should be done now, to the trillions of dollars and financial and for other purposes; to the Com- so our regulators can begin, without risk involved, I urge the Senate to act mittee on Foreign Relations. the hindrance of ill-conceived statu- on this bill as soon as possible. Mr. KERRY. Mr. President, I rise tory barriers, to design a sensible regu- I would also like to take a moment today to join my colleague, the rank- latory framework for swaps. to extend my thanks and appreciation ing member of the Foreign Relations Here is what my bill would do. First, to the SEC, CFTC, and Treasury offi- Committee, Senator LUGAR, in intro- it would repeal about a dozen provi- cials who took the time to provide ducing what we consider to be an im- sions in the Commodity Futures Mod- technical assistance in drafting this portant piece of legislation from our ernization Act and other laws that pre- legislation. I hope those agencies, and committee and an important initiative vent federal financial regulators from the Obama Administration as a whole, for the administration and for the Con- overseeing and regulating swap agree- will announce their support for the bill gress and the American people. We are ments. Second, it would give Federal and work for its enactment. joining today to introduce the En- financial regulators, including bank, Mr. President, I ask unanimous con- hanced Partnership with Pakistan Act. securities, and commodity regulators, sent that a summary of the bill be I believe the legislation has already immediate authority to oversee and printed in the RECORD. been placed at the desk. regulate swaps involving the financial There being no objection, the mate- This is legislation that will fun- institutions and exchanges that they rial was ordered to be printed in the damentally change America’s policy already regulate. To ensure regulators RECORD, as follows: toward Pakistan, and I hope over time have sufficient authority, the bill SUMMARY OF LEVIN-COLLINS AUTHORIZING THE it will fundamentally change Amer- would use the same comprehensive def- REGULATION OF SWAPS ACT ica’s relationship with the people of inition of swap agreement that is used The Authorizing the Regulation of Swaps Pakistan as well. in current law to prohibit swaps regu- Act, introduced by Senator Carl Levin, D- I especially thank Senator LUGAR for lation. Mich., and cosponsored by Senator Susan his partnership in crafting this legisla- These measures would give regu- Collins, R-Maine, is intended to give federal financial regulators immediate authority tion and for his ongoing leadership on lators immediate authority to acquire over swap agreements in light of the fact this issue. swap-related data. That would allow that trillions of dollars in swap transactions It is hard to overstate the impor- them to evaluate swap risks at specific continue to be marketed, traded, and imple- tance of Pakistan to our national secu- companies as well as across the finan- mented in the United States without ade- rity. In fact, every day the newspapers

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When I say Frankly, I have seen firsthand how This is a nation of striking con- ‘‘we,’’ I really emphasize the Pakistani this approach works. Following the tradictions and on divergent paths for- people’s needs. The desires and aspira- 2005 Kashmir earthquake, the United ward. tions of the Pakistani people have States spent nearly $1 billion on relief On one hand, we all know Pakistan is never been adequately focused on or at- efforts. Having visited places, as I did a nation where Osama bin Laden and tended to sufficiently in these policies. then, such as Mansehra and the leadership of al-Qaida have found Most Pakistanis understand that they Muzaffarabad in the earthquake’s sanctuary for the past 7 years—a haven have been, frankly, left out of the pol- aftermath, I can personally attest to from which they and their confederates icy in broad terms. As a result, an the awesome power of the operation we have plotted and carried out attacks on alarming percentage of the Pakistani launched. I will never forget flying up their host country, on neighboring population now sees America as a in a helicopter to the northwest part of countries, and on sites around the greater threat than al-Qaida. Until we Pakistan, not far from the big globe—a nation that has in recent change that perception, there is, frank- Himalayas, where one could see off in weeks seen the Taliban advance to ly, very little chance of ending toler- the distance, and landing in a small within 60 miles of its capital, and a na- ance for terrorist groups or persuading spot by the river and meeting kids in a tion with a full arsenal of nuclear any Pakistani Government to devote tent city because this was the first weapons and ballistic missiles capable the political capital necessary to deny time those kids had ever come out of of delivering them anywhere in a 1,000- such groups and to deny them the sanc- the mountains and, in fact, the first kilometer range. tuary they have been able to receive, time any of those kids had ever gone to On the other hand, Pakistan is also a particularly in the western part of the school. It was extraordinary to see the nation whose 170 million people are country, as well as to deny them the sight of American service men and overwhelmingly moderate, overwhelm- covert material support which they women saving the lives of Pakistani ingly committed to democracy and have also been able to get from a num- citizens. Frankly, it was invaluable in rule of law; a major non-NATO ally ber of different sources. changing the perceptions of America in that has sacrificed the lives of 1,500 of The dangers of inaction are rising al- Pakistan. At that period of time, while its soldiers and police in the fight most every day. So when people meas- we provided that assistance and while against terrorism and insurgency; and ure this legislation, that is really what we were visibly involved in saving a nation that has lost more of its citi- they have to consider. What happens if lives, not in taking them, the fact is zens to the scourge of terrorism than you do nothing? Well, if you do noth- that the reputation of the United all but a tiny handful of countries ing, it is clear that the march of terror States in the country as it was meas- throughout the world. that is taking hold in a number of dif- ured by polls at the time markedly in- In short, Pakistan has the potential ferent places clearly threatens nuclear creased, very dramatically increased. either to be crippled by the Taliban or weapons that might then potentially In the wake of that natural disaster, to serve as a bulwark against every- fall into hands that are completely un- we weren’t the only ones to recognize thing the Taliban represents. That is predictable. In fact, to whatever degree the need for public diplomacy based in why the Obama administration and they might be predictable, one can deeds rather than in words. The front many of us in Congress see the need for only see danger in that kind of eventu- group for the terrorist organization a bold new strategy for Pakistan. The ality. The dangers of inaction are real. Lashkar-e Taiba set up a string of pro- status quo has not brought success, the Almost any scenario played out plays fessional relief camps throughout the stakes could not be higher, and we against the broader interests of the region trying to mimic what we were have little choice but to think dif- Pakistani people and of the democratic doing. But our effort was far more ef- ferently—in fact, to think bigger— Government which struggles today to fective, and the permanent gift of the about what these challenges are. The provide services and to govern them. U.S. Army’s last mobile Army surgical Enhanced Partnership With Pakistan In the month since President Obama hospital, or MASH, had a profound im- Act is the centerpiece of this new ap- called on Congress to pass the bill we pact on the perceptions of people in the proach, which is why President Obama are now introducing, the situation on region. For a brief period, America was has called on Congress to pass it. the ground in Pakistan has deterio- going toe-to-toe with extremists in a An earlier version of this bill was re- rated significantly. The Government true battle of hearts and minds, and we ported out of the Foreign Relations struck what many of us believed and were winning. Committee in July with overwhelming said at the time was an ill-advised deal It is up to us to recreate this kind of bipartisan support. This version builds that effectively surrendered the Swat success on a broader scale, without upon its predecessor in a number of im- Valley to the Taliban. The deal, pre- waiting for a natural or even a man- portant ways. First, this new legisla- dictably—as many of us said— made disaster. The question is, How tion directs $100 million toward an ur- emboldened the Taliban to deploy the can we most effectively demonstrate gent need: police reform and equipping. same brutal tactics they had used in the true friendship of the American Second, it mandates strict account- both Pakistan and Afghanistan and to people for the Pakistani people? ability from the administration as to use their base in Swat to then extend We believe this bill is an important every dollar that is spent, using bench- their reach ever closer to the country’s first step. It is a prime example of what marks and metrics to measure and heartland. we call ‘‘smart power’’ because it uses adapt our performance. Third, in light I emphasize—I know Senator LUGAR both economic and military aid to of the acute security challenge on the will join me in emphasizing this—ulti- achieve an overall effect that is greater ground today, this bill gives our Am- mately, it is not the United States or than the sum of its parts. On the eco- bassador the flexibility needed to re- the policy of the United States that is nomic side, this bill triples non- spond to events as they unfold. going to decide what happens in Paki- military aid to $1.5 billion annually for We believe this bill is urgently need- stan. Ultimately, it will be Pakistanis, 5 years and urges an additional 5 years ed. For decades, the United States has not Americans, who must determine of funding. These funds will be used to sought the cooperation of Pakistani de- their nation’s future. But we can build schools, roads, and clinics. In cisionmakers through military aid—al- change the nature of our relationship other words, they aim to do on a reg- most exclusively military aid—while and we can empower those Pakistanis ular basis what we briefly achieved

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with our earthquake relief and what long, the Pakistani military frankly But the bill Senator LUGAR and I are the Pakistani Government, because of believed we were bluffing when we introducing will provide vital help for the economic crisis as well as political threatened to cut funding for a par- the ‘‘hold’’ and the ‘‘build’’ parts of the crisis in the country, has been unable ticular weapons system or an expensive mission. Nor is this bill intended to be to do to date. But this money will do a piece of hardware because that was the a silver bullet. It provides powerful great deal more than just good deeds. only game, if you will. It was the only tools, but these tools are only as effec- It will empower the fledgling civilian money on the table. This bill will tive as the policymakers who wield Government to show that it can deliver change that. Up to now, frankly, they them. I am confident President Obama the citizens of Pakistan a better life. It were right about the unwillingness of and his team will use wisely whatever will empower the moderates, who will the United States to take alternative policy tools are at their disposal. have something concrete to put for- routes. But if our economic aid be- We need to approach this endeavor ward as evidence that friendship with comes the centerpiece of our aid policy with a large dose of humility. The America actually brings rewards, not and it is tripled to $1.5 billion, then we truth is that our leverage is limited. just perils, and it will empower the can actually guarantee that we pay This bill aims to increase that lever- vast majority of Pakistanis who reject more attention to how the military as- age significantly. But we need to be re- the terrifying vision of al-Qaida and sistance is being spent and what is oc- alistic about what we can accomplish. Taliban but who have been angered and curring. We will finally be able to Americans can influence events in frustrated by the perception that their make the choice of expenditure on the Pakistan, but we cannot and we should own leaders and America’s leaders basis of both of our natural security in- not decide them. Ultimately, the deci- don’t care about their daily struggle. terests rather than simply the institu- sionmakers are the people and the To do this right, we must make a tional interests of the security forces leaders of Pakistan. long-term commitment. Most Paki- in Pakistan. Ask any resident of Lahore, Karachi, stanis think that America has used and Let me be clear on the issue of mili- or Peshawar what these places used to abandoned their country in the past, tary aid. The bill does not take any po- be like and you will hear a long state- most notably after the jihad against sition on the level of such assistance ment of the reveries of the time that now seems a world away. We need to the Soviets in Afghanistan. They fear deliberately. It is possible to envision a help Pakistan once again become a na- we will just desert them again the mo- significant increase in military aid, tion of stability, security, and pros- ment the threat from al-Qaida sub- just as easily as one could envision a perity, enjoying peace at home and sides. It is this history and this fear decrease. The Pakistani army needs abroad—a nation, in short, that older that cause Pakistan to hedge its bets. more helicopters. It needs more night- If we ever expect Pakistan to break vision capability, more training and Pakistanis remember from their child- hoods. decisively with the Taliban and other counterinsurgency techniques. So in- It is this nation that most Pakistanis extremist groups, then we need to pro- stead of locking in a figure for future desperately wish to reclaim. The bill vide firm assurance that we are not years, what this bill does is provide us that Senator LUGAR and I now intro- the ability to target our military aid just foul-weather friends. By author- duce will help America ensure that izing funds through 2013, and hopefully directly to the areas that best serve Pakistanis have the resources nec- longer, this bill offers the chance to both of our national security interests, essary to choose a peaceful, stable fu- clearly state America’s longer term which are fighting terrorism, fighting ture. It offers them a helping hand in concerns and interests. the insurgency, and keeping the people getting there. I urge our colleagues to On the security side, the bill places of Pakistan safe from the most dire join us in supporting this bill. conditions on military aid that will en- threats. The ACTING PRESIDENT pro tem- sure the money is used for the intended Moreover, this bill allows us to fine- pore. The Senator from Indiana is rec- purposes, which was not the case over tune our approach in response to the ognized. the last 8 years. In order for Pakistan level of will and competence displayed Mr. LUGAR. Mr. President, I am to receive any military assistance, it by Pakistan’s military: When we see pleased and honored to join our chair- will need to meet an annual certifi- the genuine commitment, then we can man, JOHN KERRY, in introducing the cation that its army and spy services help increase capabilities, and if we see Enhanced Partnership with Pakistan are genuine partners in this endeavor. at any time that commitment is lack- Act of 2009. Then-Senator JOE BIDEN In the struggle against al-Qaida and ing, we have the ability to adjust and and I originally introduced this legisla- other terrorist groups, including redirect assistance rather than permit tion in July 2008. I have been especially Lashkar-e Taiba—as we all know, it to be wasted. We have spent some $10 pleased to continue the bipartisan ef- Lashkar-e Taiba was the perpetrator of billion in military aid and compensa- fort on this bill with Senator KERRY. the Mumbai massacre of last Novem- tion over the past 8 years. Still, the Senators BIDEN and KERRY and I have ber. We also will need a certification of militants got within 60 miles of the worked closely over the past year with their partnership in the battle against capital recently and al-Qaida continues the State Department, USAID, the De- the Taliban and its affiliates who to enjoy a sanctuary. So it is long past fense Department, and the National Se- threaten our troops in Afghanistan time we figure out how to work more curity Council to craft this legislation. from their sanctuaries in the Pakistani effectively with the Pakistanis and the On March 27 of this year, President tribal areas, as well as in the effort to Pakistan Government on a more effec- Obama announced a comprehensive solidify democratic governance and the tive approach. That is what we hope strategy for Afghanistan and Pakistan. rule of law in Pakistan. We believe this achieves. In his speech he called on Congress ‘‘to these conditions are eminently reason- This bill is not a short-term fix. It pass a bipartisan bill cosponsored by able, and they should be easy to meet aims for the medium term and espe- JOHN KERRY and that for any nation receiving American aid. cially the long term. It won’t drive the authorizes $1.5 billion in direct support As important as the economic and Taliban out of Swat Valley next week to the Pakistani people every year over military components of the bill are is or next month. Its aim is, once the the next 5 years—resources that will the question of how they fit together. Taliban is driven from Swat and from build schools, roads, and hospitals, and Making this unequivocal commitment Bajaur and from Dir, to help keep them strengthen Pakistan’s democracy.’’ to the Pakistani people enables us to out. To put it in terms of basic coun- Chairman of the Joint Chiefs of Staff calibrate our military assistance more terinsurgency doctrine made familiar ADM Mike Mullen and CENTCOM effectively. In any given year, we may by General Petraeus, the Pakistani Commander David Petraeus repeatedly choose to increase it or decrease it or military is already able to handle the advocated expanding foreign assistance to simply leave its level unchanged, ‘‘clear’’ phase of the struggle. The to Pakistan as an essential element of but we will have the flexibility which United States will now be assisting our national security. Defense Sec- we haven’t had in prior years. For too this mission through other vehicles. retary and Secretary of

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The tributary to the Rio Grande. meeting last week: bill subjects our security assistance to The Rio Pueblo de Taos adjudication As President Obama has consistently a certification that the Pakistani Gov- is a dispute that is almost 40 years old. maintained, success in Afghanistan depends ernment is using the money for its in- The parties have been in settlement on success in Pakistan. We have seen how tended purpose—namely, to combat the discussions for well over a decade but difficult it is for the government there to Taliban and al-Qaida. The bill also it was not until the last 5 years that make progress, and the Taliban continues to calls for tangible progress in govern- the discussions took on the sense of ur- make inroads. Counterinsurgency training is ance, including an independent judici- gency needed to resolve the issues at critical. But of equal importance are diplo- hand. A settlement agreement was macy and development to provide economic ary, greater accountability by the cen- tral government, respect for human signed by the Pueblo, State, and other stability and diminish the conditions that interested parties in March 2006. Fed- feed extremism. This is the intent of the rights, and civilian control of the le- comprehensive strategy laid out by Senator vers of power, including the military eral legislation was then finalized and introduced last year. Progress was KERRY and Senator LUGAR, which President and the intelligence agencies. Obama has endorsed. In providing substantial resources to made on the bill, including hearings in I take the time to detail administra- enhance a strategic partnership with both the House and Senate which re- sulted in the identification of a few tion backing for this bill and its con- Pakistan, our bill contains provisions more issues which needed to be ad- cepts because any U.S. policy related to help ensure that this money is spent dressed. The parties negotiated a reso- to Pakistan will require the coopera- effectively and efficiently. The bill lution to these issues and legislation to tion and active support of both the ex- stipulates that the administration authorize and implement the settle- ecutive and legislative branches of our must provide Congress with a com- Government. It also will require that ment is now ready to move forward. prehensive assistance strategy before The settlement will fulfill the rights policy toward Pakistan be closely inte- additional assistance is made avail- of the Pueblo consistent with the Fed- grated with United States efforts able. This strategy is expected to detail eral trust responsibility. It will also throughout the region. clear objectives, enumerate projects continue the tradition of sharing pre- I do not regard the Kerry-Lugar bill the administration intends to imple- cious water resources in a manner nec- as a congressionally driven initiative ment, and identify criteria that the ad- essary to protect the sustainability of in which we are bargaining for support ministration will use to measure the traditional agricultural communities. of the administration; rather, Senator effectiveness of our assistance. Finally, the Town of Taos and other KERRY and I are trying to play a con- Once money begins to flow, the ad- local entities are assured of accessing structive role in facilitating a con- ministration must report every 6 the water necessary to meet municipal sensus position between branches that months on how the money is spent and and domestic needs. In sum, the Taos will undergird a rational approach to what impact it is having. In addition, Pueblo Indian Water Rights Settle- the region with the best chance of suc- the bill provides that before the admin- ment Act represents a commonsense cess. With this in mind, it is vital that istration spends more than half of the set of solutions that all parties to the the administration’s message on Paki- $1.5 billion authorized in any fiscal adjudication have a stake in imple- stan be clear and consistent. The ad- year, it must certify that the assist- menting. ministration also must continue to ac- ance provided to that date is making This legislation is widely supported tively consult with Congress on ele- substantial progress toward the prin- in the Taos Valley, probably as close to ments of strategy, not just lobby us for cipal objectives contained in the ad- a consensus as any water-related agree- funds. ministration’s strategy report. We also ment can get in the West. The State of The United States has an intense have asked the Government Account- New Mexico, under Governor Richard- strategic interest in Pakistan and the ability Office to review annually the son’s leadership, deserves recognition surrounding region. The U.S. National administration’s progress on stated for actively pursuing a settlement in Intelligence Estimate last year painted goals. To ensure that sufficient re- this matter and committing financial a bleak picture of the converging crises sources will be available to oversee our resources in recognition of the impor- in Pakistan. A growing al-Qaida sanc- program in Pakistan, we authorize $20 tance of this matter to all water users tuary, an expanding Taliban insur- million each year for audits and pro- in the basin. gency, political brinksmanship, and a gram reviews by the inspectors general This bill, as with any water rights failing economy are intensifying the of the State Department, USAID, and settlement, is crucial to New Mexico’s turmoil and violence in that country. other relevant agencies. future. In an arid State such as ours, These circumstances are a threat to I look forward to working with the the legal system is poorly equipped to Pakistan, the region, and the United administration of President Obama and allocate water and create the infra- States of America. with congressional colleagues on a pol- structure needed for its efficient use. We should make clear to the people icy toward Pakistan that builds our re- Negotiated agreements between the of Pakistan that our interests are fo- lationship with that nation and pro- parties, the State Engineer, and the cused on democracy, pluralism, sta- tects vital interests of the United Federal Government are much more bility, and the fight against terrorism. States. likely to lead to long-term solutions These are values supported by a large Again, I thank Senator KERRY for his that allow for the use of water in a sus- majority of Pakistani people. If Paki- partnership and leadership on this bill. tainable manner. This legislation stan is to break its debilitating cycle builds upon the provisions included in of instability, it will need to achieve By Mr. BINGAMAN (for himself the Navajo water rights settlement en- progress on fighting corruption, deliv- and Mr. UDALL of New Mexico): acted into law on March 30, 2009 as part ering government services, and pro- S. 965. A bill to approve the Taos of the Omnibus Public Lands bill. That moting broad-based economic growth. Pueblo Indian Water Rights Settle- settlement, and each subsequent one, The international community and the ment Agreement, and for other pur- will help provide more certainty and United States should support reforms poses; to the Committee on Indian Af- less conflict with respect to the alloca- that contribute to the strengthening of fairs. tion and use of water in New Mexico. I Pakistani civilian institutions. Mr. BINGAMAN. Mr. President, look forward to working with my col- This legislation marks an important today Senator UDALL and I are intro- leagues in the Senate, as well as the step toward those goals. While our bill ducing a bill that will end an ongoing House of Representatives, to see that envisions sustained economic and po- water rights dispute in northern New this bill gets enacted into law.

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.001 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11416 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 Mr. President, I ask unanimous con- (5) PARTIES.—The term ‘‘Parties’’ means identifies the projects to be implemented sent that the text of the bill be printed the Parties to the Settlement Agreement, as consistent with the purposes of this section in the RECORD. identified in article 1 of the Settlement and describes how such projects are con- There being no objection, the text of Agreement. sistent with the Settlement Agreement. (6) PUEBLO.—The term ‘‘Pueblo’’ means the the bill was ordered to be printed in (d) EARLY FUNDS.—Notwithstanding sub- Taos Pueblo, a sovereign Indian Tribe duly section (b), $10,000,000 of the monies author- the RECORD, as follows: recognized by the United States of America. ized to be appropriated pursuant to section S. 965 (7) PUEBLO LANDS.—The term ‘‘Pueblo 10(c)(1)— Be it enacted by the Senate and House of Rep- lands’’ means those lands located within the (1) shall be made available in grants to the resentatives of the United States of America in Taos Valley to which the Pueblo, or the Pueblo by the Secretary upon appropriation Congress assembled, United States in its capacity as trustee for or availability of the funds from other au- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the Pueblo, holds title subject to Federal law thorized sources; and limitations on alienation. Such lands include (a) SHORT TITLE.—This Act may be cited as (2) shall be distributed by the Secretary to the ‘‘Taos Pueblo Indian Water Rights Set- Tracts A, B, and C, the Pueblo’s land grant, the Pueblo on receipt by the Secretary from tlement Act’’. the Blue Lake Wilderness Area, and the the Pueblo of a written notice, a Tribal Tenorio and Karavas Tracts and are gen- (b) TABLE OF CONTENTS.—The table of con- Council resolution that describes the pur- tents of this Act is as follows: erally depicted in Attachment 2 to the Set- poses under subsection (a) for which the tlement Agreement. monies will be used, and a plan under sub- Sec. 1. Short title; table of contents. (8) SAN JUAN-CHAMA PROJECT.—The term section (c) for this portion of the funding. Sec. 2. Purpose. ‘‘San Juan-Chama Project’’ means the Sec. 3. Definitions. SEC. 6. TAOS PUEBLO WATER DEVELOPMENT Project authorized by section 8 of the Act of FUND. Sec. 4. Pueblo rights. June 13, 1962 (76 Stat. 96, 97), and the Act of (a) ESTABLISHMENT.—There is established Sec. 5. Pueblo water infrastructure and wa- April 11, 1956 (70 Stat. 105). tershed enhancement. in the Treasury of the United States a fund (9) SECRETARY.—The term ‘‘Secretary’’ to be known as the ‘‘Taos Pueblo Water De- Sec. 6. Taos Pueblo Water Development means the Secretary of the Interior. Fund. velopment Fund’’ (hereinafter, ‘‘Fund’’) to be (10) SETTLEMENT AGREEMENT.—The term used to pay or reimburse costs incurred by Sec. 7. Marketing. ‘‘Settlement Agreement’’ means the con- the Pueblo for— Sec. 8. Mutual-Benefit Projects. tract dated March 31, 2006, between and (1) acquiring water rights; Sec. 9. San Juan-Chama Project contracts. among— Sec. 10. Authorizations, ratifications, con- (2) planning, permitting, designing, engi- (A) the United States, acting solely in its firmations, and conditions neering, constructing, reconstructing, re- capacity as trustee for Taos Pueblo; precedent. placing, rehabilitating, operating, or repair- (B) the Taos Pueblo, on its own behalf; Sec. 11. Waivers and releases. ing water production, treatment or delivery (C) the State of New Mexico; Sec. 12. Interpretation and enforcement. infrastructure, on-farm improvements, or (D) the Taos Valley Acequia Association Sec. 13. Disclaimer. wastewater infrastructure; and its 55 member ditches (‘‘TVAA’’); (3) restoring, preserving and protecting the SEC. 2. PURPOSE. (E) the Town of Taos; Buffalo Pasture, including planning, permit- The purposes of this Act are— (F) EPWSD; and ting, designing, engineering, constructing, (1) to approve, ratify, and confirm the Taos (G) the 12 Taos area Mutual Domestic operating, managing and replacing the Buf- Pueblo Indian Water Rights Settlement Water Consumers Associations (‘‘MDWCAs’’), falo Pasture Recharge Project; Agreement; as amended to conform with this Act. (4) administering the Pueblo’s water rights (2) to authorize and direct the Secretary to (11) STATE ENGINEER.—The term ‘‘State En- acquisition program and water management execute the Settlement Agreement and to gineer’’ means the New Mexico State Engi- and administration system; and perform all obligations of the Secretary neer. (5) for watershed protection and enhance- under the Settlement Agreement and this (12) TAOS VALLEY.—The term ‘‘Taos Val- ment, support of agriculture, water-related Act; and ley’’ means the geographic area depicted in Pueblo community welfare and economic de- (3) to authorize all actions and appropria- Attachment 4 of the Settlement Agreement. velopment, and costs related to the negotia- tions necessary for the United States to SEC. 4. PUEBLO RIGHTS. meet its obligations under the Settlement tion, authorization, and implementation of (a) IN GENERAL.—Those rights to which the the Settlement Agreement. Agreement and this Act. Pueblo is entitled under the Partial Final (b) MANAGEMENT OF THE FUND.—The Sec- SEC. 3. DEFINITIONS. Decree shall be held in trust by the United retary shall manage the Fund, invest In this Act: States on behalf of the Pueblo and shall not amounts in the Fund, and make monies (1) ELIGIBLE NON-PUEBLO ENTITIES.—The be subject to forfeiture, abandonment, or available from the Fund for distribution to term ‘‘Eligible Non-Pueblo Entities’’ means permanent alienation. the Pueblo consistent with the American In- the Town of Taos, El Prado Water and Sani- (b) SUBSEQUENT ACT OF CONGRESS.—The dian Trust Fund Management Reform Act of tation District (‘‘EPWSD’’), and the New Pueblo shall not be denied all or any part of 1994 (25 U.S.C. 4001, et seq.) (hereinafter, Mexico Department of Finance and Adminis- its rights held in trust absent its consent un- ‘‘Trust Fund Reform Act’’), this Act, and the tration Local Government Division on behalf less such rights are explicitly abrogated by Settlement Agreement. of the Acequia Madre del Rio Lucero y del an Act of Congress hereafter enacted. (c) INVESTMENT OF THE FUND.—Upon the Arroyo Seco, the Acequia Madre del Prado, SEC. 5. PUEBLO WATER INFRASTRUCTURE AND the Acequia del Monte, the Acequia Madre WATERSHED ENHANCEMENT. Enforcement Date, the Secretary shall in- del Rio Chiquito, the Upper Ranchitos Mu- (a) IN GENERAL.—The Secretary, acting vest amounts in the Fund in accordance tual Domestic Water Consumers Association, through the Commissioner of Reclamation, with— the Upper Arroyo Hondo Mutual Domestic shall provide grants and technical assistance (1) the Act of April 1, 1880 (21 Stat. 70, ch. Water Consumers Association, and the Llano to the Pueblo on a nonreimbursable basis 41, 25 U.S.C. 161); Quemado Mutual Domestic Water Consumers to— (2) the first section of the Act of June 24, Association. (1) plan, permit, design, engineer, con- 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and (2) ENFORCEMENT DATE.—The term ‘‘En- struct, reconstruct, replace, or rehabilitate (3) the American Indian Trust Fund Man- forcement Date’’ means the date upon which water production, treatment, and delivery agement Reform Act of 1994 (25 U.S.C. 4001 et the Secretary publishes the notice required infrastructure; seq.). by section 10(f)(1). (2) restore, preserve, and protect the envi- (d) AVAILABILITY OF AMOUNTS FROM THE (3) MUTUAL-BENEFIT PROJECTS.—The term ronment associated with the Buffalo Pasture FUND.—Upon the Enforcement Date, all mon- ‘‘Mutual-Benefit Projects’’ means the area; and ies deposited in the Fund pursuant to section projects described and identified in articles 6 (3) protect and enhance watershed condi- 10(c)(2) or made available from other author- and 10.1 of the Settlement Agreement. tions. ized sources, shall be available to the Pueblo (4) PARTIAL FINAL DECREE.—The term ‘‘Par- (b) AVAILABILITY OF GRANTS.—Upon the for expenditure or withdrawal after the re- tial Final Decree’’ means the Decree entered Enforcement Date, all amounts appropriated quirements of subsection (e) have been met. in New Mexico v. Abeyta and New Mexico v. pursuant to section 10(c)(1) or made avail- (e) EXPENDITURES AND WITHDRAWAL.— Arellano, Civil Nos. 7896–BB (U.S. D.N.M.) able from other authorized sources, shall be (1) TRIBAL MANAGEMENT PLAN.— and 7939–BB (U.S. D.N.M) (consolidated), for available in grants to the Pueblo after the (A) IN GENERAL.—The Pueblo may with- the resolution of the Pueblo’s water right requirements of subsection (c) have been draw all or part of the Fund on approval by claims and which is substantially in the met. the Secretary of a tribal management plan form agreed to by the Parties and attached (c) PLAN.—The Secretary shall provide fi- as described in the Trust Fund Reform Act. to the Settlement Agreement as Attachment nancial assistance pursuant to subsection (a) (B) REQUIREMENTS.—In addition to the re- 5. upon the Pueblo’s submittal of a plan that quirements under the Trust Fund Reform

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.001 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11417 Act, the tribal management plan shall re- rights or Pueblo contract rights to San water flows between the Pueblo and non-In- quire that the Pueblo spend any funds in ac- Juan-Chama Project water shall be subject dian irrigation water right owners in the cordance with the purposes described in sub- to and not inconsistent with the same re- community of Arroyo Seco Arriba. section (a). quirements and conditions of State law, any (b) COST-SHARING.— (2) ENFORCEMENT.—The Secretary may applicable Federal law, and any applicable (1) FEDERAL SHARE.—The Federal share of take judicial or administrative action to en- interstate compact as apply to the exercise the total cost of planning, designing, and force the requirement that monies with- of water rights or contract rights to San constructing the Mutual-Benefit Projects drawn from the Fund are used for the pur- Juan-Chama Project water held by non-Fed- authorized in subsection (a) shall be 75 per- poses specified in subsection (a). eral, non-Indian entities, including all appli- cent and shall be nonreimbursable. (3) LIABILITY.—If the Pueblo exercises the cable State Engineer permitting and report- (2) NON-FEDERAL SHARE.—The non-Federal right to withdraw monies from the Fund, ing requirements. share of the total cost of planning, design- neither the Secretary nor the Secretary of (2) EFFECT ON WATER RIGHTS.—Such diver- ing, and constructing the Mutual-Benefit the Treasury shall retain any liability for sion or use off Pueblo lands under paragraph Projects shall be 25 percent and may be in the expenditure or investment of the monies (1) shall not impair water rights or increase the form of in-kind contributions, including withdrawn. surface water depletions within the Taos the contribution of any valuable asset or (4) EXPENDITURE PLAN.— Valley. service that the Secretary determines would (A) IN GENERAL.—The Pueblo shall submit (d) MAXIMUM TERM.— substantially contribute to completing the to the Secretary for approval an expenditure (1) IN GENERAL.—The maximum term of Mutual-Benefit Projects. plan for any portions of the funds made any water use lease or subcontract, includ- SEC. 9. SAN JUAN-CHAMA PROJECT CONTRACTS. available under this Act that the Pueblo ing all renewals, shall not exceed 99 years in (a) IN GENERAL.—Contracts issued under does not withdraw under paragraph (1)(A). duration. this section shall be in accordance with this (B) DESCRIPTION.—The expenditure plan (2) ALIENATION OF RIGHTS.—The Pueblo Act and the Settlement Agreement. shall describe the manner in which, and the shall not permanently alienate any rights it (b) CONTRACTS FOR SAN JUAN-CHAMA purposes for which, amounts remaining in has under the Settlement Agreement, the PROJECT WATER.— the Fund will be used. Partial Final Decree, and this Act. (1) IN GENERAL.—The Secretary shall enter (C) APPROVAL.—On receipt of an expendi- (e) APPROVAL OF SECRETARY.—The Sec- into 3 repayment contracts by December 31, ture plan under subparagraph (A), the Sec- retary shall approve or disapprove any lease 2009, for the delivery of San Juan-Chama retary shall approve the plan if the Sec- or subcontract submitted by the Pueblo for Project water in the following amounts: retary determines that the plan is reason- approval not later than— (A) 2,215 acre-feet/annum to the Pueblo. able and consistent with this Act. (1) 180 days after submission; or (B) 366 acre-feet/annum to the Town of (5) ANNUAL REPORT.—The Pueblo shall sub- (2) 60 days after compliance, if required, Taos. mit to the Secretary an annual report that with section 102(2)(C) of the National Envi- (C) 40 acre-feet/annum to EPWSD. describes all expenditures from the Fund ronmental Policy Act of 1969 (42 U.S.C. (2) REQUIREMENTS.—Each such contract during the year covered by the report. 4332(2)(C)), or any other requirement of Fed- shall provide that if the conditions precedent (f) FUNDS AVAILABLE UPON APPROPRIA- eral law, whichever is later, provided that no set forth in section 10(f)(2) have not been ful- TION.—Notwithstanding subsection (d), Secretarial approval shall be required for filled by December 31, 2015, the contract $15,000,000 of the monies authorized to be ap- any water use lease or subcontract with a shall expire on that date. propriated pursuant to section 10(c)(2)— term of less than 7 years. (3) APPLICABLE LAW.—Public Law 87–483 (76 (1) shall be available upon appropriation or (f) NO FORFEITURE OR ABANDONMENT.—The Stat. 97) applies to the contracts entered made available from other authorized nonuse by a lessee or subcontractor of the into under paragraph (1) and no preference sources for the Pueblo’s acquisition of water Pueblo of any right to which the Pueblo is shall be applied as a result of section 4(a) rights pursuant to Article 5.1.1.2.3 of the Set- entitled under the Partial Final Decree shall with regard to the delivery or distribution of tlement Agreement, the Buffalo Pasture Re- in no event result in a forfeiture, abandon- San Juan-Chama Project water or the man- charge Project, implementation of the Pueb- ment, relinquishment, or other loss of all or agement or operation of the San Juan- lo’s water rights acquisition program and any part of those rights. Chama Project. water management and administration sys- (g) NO PREEMPTION.— (c) WAIVER.—With respect to the contract tem, the design, planning, and permitting of (1) IN GENERAL.—The approval authority of authorized and required by subsection water or wastewater infrastructure eligible the Secretary provided under subsection (e) (b)(1)(A) and notwithstanding the provisions for funding under sections 5 or 6, or costs re- shall not amend, construe, supersede, or pre- of Public Law 87–483 (76 Stat. 96) or any other lated to the negotiation, authorization, and empt any State or Federal law, interstate provision of law— implementation of the Settlement Agree- compact, or international treaty that per- (1) the Secretary shall waive the entirety ment; and tains to the Colorado River, the Rio Grande, of the Pueblo’s share of the construction (2) shall be distributed by the Secretary to or any of their tributaries, including the ap- costs, both principal and the interest, for the the Pueblo on receipt by the Secretary from propriation, use, development, storage, regu- San Juan-Chama Project and pursuant to the Pueblo of a written notice and a Tribal lation, allocation, conservation, exportation, that waiver, the Pueblo’s share of all con- Council resolution that describes the pur- or quantity of those waters. struction costs for the San Juan-Chama poses under paragraph (1) for which the mon- (2) APPLICABLE LAW.—The provisions of Project, inclusive of both principal and in- ies will be used. section 2116 of the Revised Statutes (25 terest shall be nonreimbursable; and (g) NO PER CAPITA DISTRIBUTIONS.—No part U.S.C. 177) shall not apply to any water made (2) the Secretary’s waiver of the Pueblo’s of the Fund shall be distributed on a per cap- available under the Settlement Agreement. share of the construction costs for the San ita basis to members of the Pueblo. (h) NO PREJUDICE.—Nothing in this Act Juan-Chama Project will not result in an in- SEC. 7. MARKETING. shall be construed to establish, address, prej- crease in the pro rata shares of other San (a) PUEBLO WATER RIGHTS.—Subject to the udice, or prevent any party from litigating Juan-Chama Project water contractors, but approval of the Secretary in accordance with whether or to what extent any applicable such costs shall be absorbed by the United subsection (e), the Pueblo may market water State law, Federal law, or interstate com- States Treasury or otherwise appropriated to rights secured to it under the Settlement pact does or does not permit, govern, or the Department of the Interior. Agreement and Partial Final Decree, pro- apply to the use of the Pueblo’s water out- SEC. 10. AUTHORIZATIONS, RATIFICATIONS, CON- vided that such marketing is in accordance side of New Mexico. with this section. FIRMATIONS, AND CONDITIONS SEC. 8. MUTUAL-BENEFIT PROJECTS. PRECEDENT. (b) PUEBLO CONTRACT RIGHTS TO SAN JUAN- (a) IN GENERAL.—Upon the Enforcement CHAMA PROJECT WATER.—Subject to the ap- (a) RATIFICATION.— proval of the Secretary in accordance with Date, the Secretary, acting through the (1) IN GENERAL.—Except to the extent that subsection (e), the Pueblo may subcontract Commissioner of Reclamation, shall provide any provision of the Settlement Agreement water made available to the Pueblo under financial assistance in the form of grants on conflicts with any provision of this Act, the the contract authorized under section a nonreimbursable basis to Eligible Non- Settlement Agreement is authorized, rati- 9(b)(1)(A) to third parties to supply water for Pueblo Entities to plan, permit, design, engi- fied, and confirmed. use within or without the Taos Valley, pro- neer, and construct the Mutual-Benefit (2) AMENDMENTS.—To the extent amend- vided that the delivery obligations under Projects in accordance with the Settlement ments are executed to make the Settlement such subcontract are not inconsistent with Agreement— Agreement consistent with this Act, such the Secretary’s existing San Juan-Chama (1) to minimize adverse impacts on the amendments are also authorized, ratified, Project obligations and such subcontract is Pueblo’s water resources by moving future and confirmed. in accordance with this section. non-Indian ground water pumping away from (b) EXECUTION OF SETTLEMENT AGREE- (c) LIMITATION.— the Pueblo’s Buffalo Pasture; and MENT.—To the extent that the Settlement (1) IN GENERAL.—Diversion or use of water (2) to implement the resolution of a dis- Agreement does not conflict with this Act, off Pueblo lands pursuant to Pueblo water pute over the allocation of certain surface the Secretary shall execute the Settlement

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.001 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11418 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 Agreement, including all exhibits to the Set- (C) The Settlement Agreement, so revised, SEC. 11. WAIVERS AND RELEASES. tlement Agreement requiring the signature including waivers and releases pursuant to (a) CLAIMS BY THE PUEBLO AND THE UNITED of the Secretary and any amendments nec- section 11, has been executed by the Parties STATES.—In return for recognition of the essary to make the Settlement Agreement and the Secretary prior to the Parties’ mo- Pueblo’s water rights and other benefits, in- consistent with this Act, after the Pueblo tion for entry of the Partial Final Decree. cluding but not limited to the commitments has executed the Settlement Agreement and (D) Congress has fully appropriated or the by non-Pueblo parties, as set forth in the any such amendments. Secretary has provided from other author- Settlement Agreement and this Act, the (c) AUTHORIZATION OF APPROPRIATIONS.— ized sources all funds authorized by para- Pueblo, on behalf of itself and its members, (1) TAOS PUEBLO INFRASTRUCTURE AND WA- graphs (1) through (3) of subsection (c) so and the United States acting in its capacity TERSHED FUND.—There is authorized to be ap- that the entire amounts so authorized have as trustee for the Pueblo are authorized to propriated to the Secretary to provide grants been previously provided to the Pueblo pur- execute a waiver and release of claims pursuant to section 5, $30,000,000, as adjusted suant to sections 5 and 6, or placed in the against the parties to New Mexico v. Abeyta under paragraph (4), for the period of fiscal Taos Pueblo Water Development Fund or the and New Mexico v. Arellano, Civil Nos. 7896– years 2010 through 2016. Taos Settlement Fund as directed in sub- BB (U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) (2) TAOS PUEBLO WATER DEVELOPMENT section (c). (consolidated) from— (1) all claims for water rights in the Taos FUND.—There is authorized to be appro- (E) The Legislature of the State of New Valley that the Pueblo, or the United States priated to the Taos Pueblo Water Develop- Mexico has fully appropriated the funds for acting in its capacity as trustee for the ment Fund, established at section 6(a), the State contributions as specified in the Pueblo, asserted, or could have asserted, in $58,000,000, as adjusted under paragraph (4), Settlement Agreement, and those funds have any proceeding, including but not limited to for the period of fiscal years 2010 through been deposited in appropriate accounts. in New Mexico v. Abeyta and New Mexico v. 2016. (F) The State of New Mexico has enacted Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) (3) MUTUAL-BENEFIT PROJECTS FUNDING.— legislation that amends NMSA 1978, section There is further authorized to be appro- and 7939–BB (U.S. D.N.M.) (consolidated), up 72–6–3 to state that a water use due under a priated to the Secretary to provide grants to and including the Enforcement Date, ex- water right secured to the Pueblo under the pursuant to section 8, a total of $33,000,000, as cept to the extent that such rights are recog- Settlement Agreement or the Partial Final adjusted under paragraph (4), for the period nized in the Settlement Agreement or this Decree may be leased for a term, including of fiscal years 2010 through 2016. Act; all renewals, not to exceed 99 years, provided (4) ADJUSTMENTS TO AMOUNTS AUTHOR- (2) all claims for water rights, whether for that this condition shall not be construed to IZED.—The amounts authorized to be appro- consumptive or nonconsumptive use, in the require that said amendment state that any priated under paragraphs (1) through (3) Rio Grande mainstream or its tributaries State law based water rights acquired by the shall be adjusted by such amounts as may be that the Pueblo, or the United States acting Pueblo or by the United States on behalf of required by reason of changes since April 1, in its capacity as trustee for the Pueblo, as- the Pueblo may be leased for said term. 2007, in construction costs, as indicated by serted or could assert in any water rights ad- (G) A Partial Final Decree that sets forth engineering cost indices applicable to the judication proceedings except those claims the water rights and contract rights to water types of construction or rehabilitation in- based on Pueblo or United States ownership to which the Pueblo is entitled under the volved. of lands or water rights acquired after the Settlement Agreement and this Act and that (5) DEPOSIT IN FUND.—Except for the funds Enforcement Date, provided that nothing in substantially conforms to the Settlement to be provided to the Pueblo pursuant to sec- this paragraph shall prevent the Pueblo or Agreement and Attachment 5 thereto has tion 5(d), the Secretary shall deposit the the United States from fully participating in been approved by the Court and has become funds made available pursuant to paragraphs the inter se phase of any such water rights final and nonappealable. (1) and (3) into a Taos Settlement Fund to be adjudication proceedings; (g) ENFORCEMENT DATE.—The Settlement established within the Treasury of the (3) all claims for damages, losses or inju- Agreement shall become enforceable, and the United States so that such funds may be ries to water rights or claims of interference waivers and releases executed pursuant to made available to the Pueblo and the Eligi- with, diversion or taking of water (including section 11 and the limited waiver of sov- ble Non-Pueblo Entities upon the Enforce- but not limited to claims for injury to lands ereign immunity set forth in section 12(a) ment Date as set forth in sections 5(b) and resulting from such damages, losses, inju- shall become effective, as of the date that 8(a). ries, interference with, diversion, or taking) (d) AUTHORITY OF THE SECRETARY.—The the Secretary publishes the notice required in the Rio Grande mainstream or its tribu- Secretary is authorized to enter into such by subsection (f)(1). taries or for lands within the Taos Valley agreements and to take such measures as the (h) EXPIRATION DATE.— that accrued at any time up to and including Secretary may deem necessary or appro- (1) IN GENERAL.—If all of the conditions the Enforcement Date; and priate to fulfill the intent of the Settlement precedent described in section (f)(2) have not (4) all claims against the State of New Agreement and this Act. been fulfilled by December 31, 2016, the Set- Mexico, its agencies, or employees relating (e) ENVIRONMENTAL COMPLIANCE.— tlement Agreement shall be null and void, to the negotiation or the adoption of the (1) EFFECT OF EXECUTION OF SETTLEMENT the waivers and releases executed pursuant Settlement Agreement. AGREEMENT.—The Secretary’s execution of to section 11 and the sovereign immunity (b) CLAIMS BY THE PUEBLO AGAINST THE the Settlement Agreement shall not con- waivers in section 12(a) shall not become ef- UNITED STATES.—The Pueblo, on behalf of stitute a major Federal action under the Na- fective, and any unexpended Federal funds, itself and its members, is authorized to exe- tional Environmental Policy Act of 1969 (42 together with any income earned thereon, cute a waiver and release of— U.S.C. 4321 et seq.). and title to any property acquired or con- (1) all claims against the United States, its (2) COMPLIANCE WITH ENVIRONMENTAL structed with expended Federal funds, shall agencies, or employees relating to claims for LAWS.—In carrying out this Act, the Sec- be returned to the Federal Government, un- water rights in or water of the Taos Valley retary shall comply with each law of the less otherwise agreed to by the Parties in that the United States acting in its capacity Federal Government relating to the protec- writing and approved by Congress. as trustee for the Pueblo asserted, or could tion of the environment, including— (2) EXCEPTION.—Notwithstanding sub- have asserted, in any proceeding, including (A) the National Environmental Policy Act section (h)(1) or any other provision of law, but not limited to in New Mexico v. Abeyta of 1969 (42 U.S.C. 4321 et seq.); and any unexpended Federal funds, together with and New Mexico v. Arellano, Civil Nos. 7896– (B) the Endangered Species Act of 1973 (16 any income earned thereon, made available BB (U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) U.S.C. 1531 et seq.). under sections 5(d) and 6(f) and title to any (consolidated); (f) CONDITIONS PRECEDENT AND SECRE- property acquired or constructed with ex- (2) all claims against the United States, its TARIAL FINDING.— pended Federal funds made available under agencies, or employees relating to damages, (1) IN GENERAL.—Upon the fulfillment of sections 5(d) and 6(f) shall be retained by the losses, or injuries to water, water rights, the conditions precedent described in para- Pueblo. land, or natural resources due to loss of graph (2), the Secretary shall publish in the (3) RIGHT TO SET-OFF.—In the event the water or water rights (including but not lim- Federal Register a statement of finding that conditions precedent set forth in subsection ited to damages, losses or injuries to hunt- the conditions have been fulfilled. (f)(2) have not been fulfilled by December 31, ing, fishing, gathering, or cultural rights due (2) CONDITIONS.—The conditions precedent 2016, the United States shall be entitled to to loss of water or water rights, claims relat- referred to in paragraph (1) are the following: set off any funds expended or withdrawn ing to interference with, diversion or taking (A) The President has signed into law the from the amount appropriated pursuant to of water or water rights, or claims relating Taos Pueblo Indian Water Rights Settlement paragraphs (1) and (2) of subsection (c) or to failure to protect, acquire, replace, or de- Act. made available from other authorized velop water, water rights or water infra- (B) To the extent that the Settlement sources, together with any interest accrued, structure) in the Rio Grande mainstream or Agreement conflicts with this Act, the Set- against any claims asserted by the Pueblo its tributaries or within the Taos Valley tlement Agreement has been revised to con- against the United States relating to water that first accrued at any time up to and in- form with this Act. rights in the Taos Valley. cluding the Enforcement Date;

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.001 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11419 (3) all claims against the United States, its limited to the Federal Water Pollution Con- ern New Mexico. Introduction of this agencies, or employees for an accounting of trol Act (33 U.S.C. 1251 et seq.), the Safe bill represents a major milestone in funds appropriated by the Act of March 4, Drinking Water Act (42 U.S.C. 300f et seq.), the resolution of Taos Pueblo’s water 1929 (45 Stat. 1562), the Act of March 4, 1931 the Comprehensive Environmental Response, rights claims in the Rio Pueblo de (46 Stat. 1552), the Act of June 22, 1936 (49 Compensation, and Liability Act of 1980 (42 Stat. 1757), the Act of August 9, 1937 (50 Stat. U.S.C. 9601 et seq.), the Solid Waste Disposal Taos. Years of work and negotiation 564), and the Act of May 9, 1938 (52 Stat. 291) Act (42 U.S.C. 6901 et seq.), and the regula- have gone into the settlement, and I as authorized by the Pueblo Lands Act of tions implementing such Acts; am pleased that the tribes, village, June 7, 1924 (43 Stat. 636) and the Pueblo (2) affects the ability of the United States city, county, acequias, and community Lands Act of May 31, 1933 ( 48 Stat. 108) and to take actions acting in its capacity as groups involved were able to come to for breach of trust relating to funds for trustee for any other Indian Tribe or allot- an agreement that is mutually bene- water replacement appropriated by said Acts tee; ficial to all the users of this tributary that first accrued before the date of enact- (3) confers jurisdiction on any State court to the Rio Grande. ment of this Act; to— (4) all claims against the United States, its (A) interpret Federal law regarding health, New Mexico is a State rich with tra- agencies, or employees relating to the pend- safety, or the environment or determine the dition and culture, where the water re- ing litigation of claims relating to the Pueb- duties of the United States or other parties sources are scarce and precious. As is lo’s water rights in New Mexico v. Abeyta pursuant to such Federal law; or common in most of the arid West, this and New Mexico v. Arellano, Civil Nos. 7896– (B) conduct judicial review of Federal vital but limited commodity can foster BB (U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) agency action; or conflict between communities and indi- (consolidated); and (4) waives any claim of a member of the (5) all claims against the United States, its Pueblo in an individual capacity that does viduals, and in a State where the his- agencies, or employees relating to the nego- not derive from a right of the Pueblo. tory is long and complex, disputes over tiation, Execution or the adoption of the (e) TOLLING OF CLAIMS.— water are uniquely complicated. But, Settlement Agreement, exhibits thereto, the (1) IN GENERAL.—Each applicable period of despite the complications surrounding Final Decree, or this Act. limitation and time-based equitable defense water tenure, New Mexicans are united (c) RESERVATION OF RIGHTS AND RETENTION relating to a claim described in this section in a common respect for this resource. OF CLAIMS.—Notwithstanding the waivers shall be tolled for the period beginning on From the pueblos and tribes of New and releases authorized in this Act, the the date of enactment of this Act and ending Mexico, to the historic acequias and Pueblo on behalf of itself and its members on the earlier of— and the United States acting in its capacity (A) December 31, 2016; or growing communities, water is funda- as trustee for the Pueblo retain— (B) the Enforcement Date. mental to both survival and cultural (1) all claims for enforcement of the Settle- (2) EFFECT OF SUBSECTION.—Nothing in this traditions, and is respected as such. ment Agreement, the Final Decree, includ- subsection revives any claim or tolls any pe- The Abeyta settlement is an example ing the Partial Final Decree, the San Juan- riod of limitation or time-based equitable de- of communities and the tribe coming Chama Project contract between the Pueblo fense that expired before the date of enact- together to resolve their differences and the United States, or this Act; ment of this Act. and find a way to ensure that everyone (2) all claims against persons other than (3) LIMITATION.—Nothing in this subsection has access to this precious and re- the Parties to the Settlement Agreement for precludes the tolling of any period of limita- damages, losses or injuries to water rights or tions or any time-based equitable defense spected resource. claims of interference with, diversion or tak- under any other applicable law. The Abeyta settlement establishes ing of water rights (including but not limited SEC. 12. INTERPRETATION AND ENFORCEMENT. the water claims of the Pueblo of Taos, to claims for injury to lands resulting from (a) LIMITED WAIVER OF SOVEREIGN IMMU- the Taos Valley Acequia Association, such damages, losses, injuries, interference NITY.—Upon and after the Enforcement Date, the Village of El Prado, and the Town with, diversion, or taking of water rights) if any Party to the Settlement Agreement of Taos. These communities depend within the Taos Valley arising out of activi- brings an action in any court of competent heavily on agriculture and irrigation ties occurring outside the Taos Valley or the jurisdiction over the subject matter relating Taos Valley Stream System; only and directly to the interpretation or en- for both traditional practices and sub- (3) all rights to use and protect water forcement of the Settlement Agreement or sistence. The settlement ensures water rights acquired after the date of enactment this Act, and names the United States or the for both agricultural and domestic use, of this Act; Pueblo as a party, then the United States, and facilitates the rehabilitation of ir- (4) all rights to use and protect water the Pueblo, or both may be added as a party rigation infrastructure. Additionally, rights acquired pursuant to State law, to the to any such action, and any claim by the the settlement helps to protect the extent not inconsistent with the Partial United States or the Pueblo to sovereign im- quality of water in the watershed by Final Decree and the Settlement Agreement munity from the action is waived, but only protecting and recharging the wetlands (including water rights for the land the for the limited and sole purpose of such in- Pueblo owns in Questa, New Mexico); terpretation or enforcement, and no waiver areas of the Taos Pueblo’s pas- (5) all claims relating to activities affect- of sovereign immunity is made for any ac- ture. After years of negotiation, the ing the quality of water including but not tion against the United States or the Pueblo parties involved in this important set- limited to any claims the Pueblo might have that seeks money damages. tlement have come to an agreement under the Comprehensive Environmental Re- (b) SUBJECT MATTER JURISDICTION NOT AF- based on respect for cultural practices sponse, Compensation, and Liability Act of FECTED.—Nothing in this Act shall be and a commitment to live as good 1980 (42 U.S.C. 9601 et seq.) (including but not deemed as conferring, restricting, enlarging, neighbors sharing a common resource. limited to claims for damages to natural re- or determining the subject matter jurisdic- I invite my colleagues to take note of sources), the Safe Drinking Water Act (42 tion of any court, including the jurisdiction U.S.C. 300f et seq.), the Federal Water Pollu- of the court that enters the Partial Final De- the unprecedented level of cooperation, tion Control Act (33 U.S.C. 1251 et seq.), and cree adjudicating the Pueblo’s water rights. negotiation, and mutual support mani- the regulations implementing those Acts; (c) REGULATORY AUTHORITY NOT AF- fest in this settlement. (6) all claims relating to damages, losses, FECTED.—Nothing in this Act shall be It has been said that the wars of the or injuries to land or natural resources not deemed to determine or limit any authority future will be fought over access to due to loss of water or water rights (includ- of the State or the Pueblo to regulate or ad- ing but not limited to hunting, fishing, gath- minister waters or water rights now or in the water. In New Mexico, we are setting a ering, or cultural rights); and future. different precedent—a precedent of re- (7) all rights, remedies, privileges, immuni- SEC. 13. DISCLAIMER. spect and compromise. One that will ties, powers, and claims not specifically Nothing in the Settlement Agreement or help us move into the future with well- waived and released pursuant to this Act and this Act shall be construed in any way to established partnerships and a commit- the Settlement Agreement. quantify or otherwise adversely affect the ment to conserve and manage this vital (d) EFFECT OF SECTION.—Nothing in the land and water rights, claims, or entitle- resource to the benefit of all. I am hon- Settlement Agreement or this Act— ments to water of any other Indian tribe. ored to join Senator BINGAMAN today in (1) affects the ability of the United States acting in its sovereign capacity to take ac- Mr. UDALL of New Mexico. Mr. introducing this legislation that will tions authorized by law, including but not President, today I join Senator BINGA- bring the Pueblo of Taos and the sur- limited to any laws relating to health, safe- MAN in introducing a bill to complete rounding community one step closer to ty, or the environment, including but not the Abeyta water settlement in north- establishing a secure water future.

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By Mr. REID (for Mr. ROCKE- liver care that is of the highest qual- Mr. President, I ask unanimous con- FELLER (for himself and Mr. ity. sent that the text of the bill be printed WHITEHOUSE)): The National Health Care Quality in the RECORD. S. 966. A bill to improve the Federal Act would create a sensible infrastruc- There being no objection, the text of infrastructure for health care quality ture for health care quality improve- the bill was ordered to be printed in improvement in the United States; to ment by creating an accountable enti- the RECORD, as follows: the Committee on Finance. ty—a new Office of National Health S. 966 Mr. ROCKEFELLER. Mr. President, I Care Quality Improvement within the Be it enacted by the Senate and House of Rep- rise today with my colleague, Senator Executive Office of the President—to resentatives of the United States of America in WHITEHOUSE of Rhode Island, to intro- set health care quality priorities for Congress assembled, duce the National Health Care Quality the nation. This office will be led by a SECTION 1. SHORT TITLE. Act, legislation that makes health care new Director of National Health Care This Act may be cited as the ‘‘National Health Care Quality Act’’. quality a national priority. We have Quality, who will work with public and private stakeholders to establish and SEC. 2. DEFINITIONS. before us an overwhelming opportunity In this Act: routinely update health care quality to make sweeping changes to our (1) HEALTH CARE QUALITY.—The term health care system. The dramatic priorities for the nation based on a ‘‘health care quality’’ means the degree to change we need to improve America’s number of mandatory considerations, which health services for individuals and health care delivery system requires a including the needs of children and the populations increase the likelihood of de- solid coordinated infrastructure to void in pediatric quality measures. sired health outcomes and are consistent guide quality improvement; however This legislation also puts forth a con- with current professional knowledge, based struct to coordinate health care qual- upon the following criteria: this infrastructure does not exist (A) EFFECTIVENESS.—Health care services today. The lack of a coordinated effort ity improvement efforts across all fed- eral agencies involved in purchasing, should be provided based upon scientific to improve health care quality has hin- knowledge of all who could benefit. providing, studying, or regulating dered our nation’s ability to improve (B) EFFICIENCY.—Waste, including waste of patient health outcomes and reduce in- health care services. The bill statu- equipment, supplies, ideas, and energies, efficiencies in our health care system. torily re-establishes the Quality Inter- should be avoided. agency Coordinating Council, QuICC, QUITY In order to achieve our goals for true (C) E .—The provision of health care first created during the Clinton admin- should not vary in quality because of per- delivery system reform, health care istration, within the Office of National sonal characteristics of the individuals in- quality must be elevated as a national Health Care Quality Improvement. The volved. priority. purpose of the Quality Interagency Co- (D) PATIENT-CENTEREDNESS.—Health care As the cost of health care in America should be responsive to, and respectful of, in- continues to increase, the quality of ordinating Council is to coordinate dividual patient preferences. health care quality improvement ef- care Americans receive continues to (E) SAFETY.—Injuries to patients from the forts across all relevant Federal de- decrease. The average cost of health in- health care that is supposed to help them partments and agencies involved in surance premiums has doubled in the should be avoided. health care services. It also provides a (F) TIMELINESS.—Waiting times and harm- last nine years, from $5791 in 1999 to framework for the development and ful delays in providing health care should be $12,680 in 2008. However, less than half implementation of Department- and reduced. of adults receive recommended care. agency-specific quality improvement (2) HEALTH CARE QUALITY MEASURE.—The More is spent per person on health care term ‘‘health care quality measure’’ means a strategies. in the United States than in any other national consensus standard for measuring Lastly, the legislation enhances the performance and improvement of popu- nation in the world, and yet America health care quality improvement ef- has some of the worst health outcomes. lation health or of institutional providers of forts within the Department of Health services, physicians, and other clinicians in Wide-spread inefficiencies plague our and Human Services, HHS, by expand- the delivery of health care services, con- health care system. The Congressional ing the authority of the Agency for sistent with the health care quality criteria Budget Office, CBO, estimates that 30 Healthcare Research and Quality and described in paragraph (1). percent of annual health care spending, elevating the role of the Director of (3) MULTI-STAKEHOLDER GROUP.—The term or as much as $700 billion, could be AHRQ to a Senate-appointed position. ‘‘multi-stakeholder group’’ means, with re- spect to a health care quality measure, a vol- eliminated with little to no impact on By building on and improving the pub- the system. Additionally, the Common- untary collaborative of public and private lic-private process for health care qual- organizations representing persons inter- wealth Fund estimates that more than ity measure development, AHRQ can ested in, or affected by, the use of such 100,000 American lives could be saved also help to streamline the implemen- health care quality measure, including— annually by improving health care tation of quality improvement meas- (A) health care providers and practitioners, quality to the level of performance ures within federal health programs including providers and practitioners pri- achieved in other nations. under the jurisdiction of HHS. AHRQ marily serving children and those with long- Several entities contribute to health term health care needs; will establish a standardized method (B) health care quality entities; care quality improvement in the U.S., for reporting quality measures and including numerous federal depart- (C) health plans; data to all federal health programs. (D) patient advocates and consumer ments, several key Federal agencies Lastly, AHRQ would be required to de- groups; within those departments, and addi- velop and launch a public education (E) employers; tional private-sector partners. While campaign, aimed at both providers and (F) public and private purchasers of health there has been some progress to coordi- consumers of health care, about health care items and services; nate efforts among these entities and care quality improvement. (G) labor organizations; create a framework for navigating It is my belief that the multi-pronged (H) relevant departments or agencies of the quality improvement efforts, there is approach provided in the National United States; no defined structure in place to guide (I) biopharmaceutical companies and man- Health Care Quality Act will lead to ufacturers of medical devices; and the process of quality improvement, vast improvements in the coordination (J) licensing, credentialing, and accred- prioritize limited resources, and pro- of quality efforts and, most impor- iting bodies. vide oversight to ensure these efforts tantly, patient health outcomes. Given SEC. 3. DEPARTMENT AND AGENCY QUALITY RE- reflect the best interests of all pa- the current problems in the health care VIEW. tients. Therefore, legislation is needed system, Congress has a responsibility Each relevant department and agency of to modernize our health care structure to the American people to guarantee the Federal Government shall review the statutory authority of such department or to create better coordination of quality individuals have access to high quality, agency, effective on the date of enactment of efforts, and make certain the decisions safe and effective care, and I urge my this Act, administrative regulations, and about reimbursement and coverage will colleagues to join us in support of this policies and procedures for the purpose of de- allow the government to effectively de- important bill. termining whether there are any deficiencies

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Each department and agency established under section 4; and calendar year 2011, the Director, in consulta- shall, not later than July 1, 2010, propose to (G) in consultation with the National Coor- tion with the heads of relevant Federal de- the President such measures as may be nec- dinator of Health Information Technology, partments and agencies, shall include— essary to bring the authority and policies develop an open source framework for Fed- (1) a description of the agency- and depart- and procedures of such department or agency eral quality communication to create and ment-specific strategic plans for health care into conformity with the intent, purposes, maintain a standardized, electronic language quality improvement; and and provisions set forth in this Act. or interface that enables all relevant Federal (2) the level of Federal funding required for entities to communicate information or implementing or maintaining the quality SEC. 4. NATIONAL HEALTH CARE QUALITY PRI- improvement strategic plans described under ORITIES. make requests regarding quality research, definitions, activities, or regulations, or to paragraph (1). (a) ESTABLISHMENT OF THE OFFICE OF NA- provide any other functionality, as the Di- (e) MONITORING.— TIONAL HEALTH CARE QUALITY IMPROVE- rector determines. (1) IN GENERAL.—The Director shall insti- MENT.—There is established within the Exec- (c) NATIONAL PRIORITIES FOR HEALTH CARE tute mechanisms for monitoring the progress utive Office of the President an Office of Na- QUALITY IMPROVEMENT.— on achieving national health care quality tional Health Care Quality Improvement (1) IN GENERAL.—Not later than January 1, priorities under subsection (c)(1) as well as (‘‘NHCQI’’) (referred to in this section as the 2010 and at least every 5 years thereafter, the department- and agency-specific strategic ‘‘Office’’). The Office shall be headed by a Di- Director, in coordination with public and plans under subsection (c)(5), including ob- rector of National Health Care Quality (re- private stakeholders, shall establish na- jectives, metrics, and benchmarks for the ferred to in this section as the ‘‘Director’’) tional priorities for health care quality im- following: who shall be appointed by the President and provement. (A) The benefits and drawbacks of specific quality improvement efforts for public pro- shall report directly to the President. (2) DEVELOPMENT OF PRIORITIES.—In estab- grams and for the health care system at (b) DIRECTOR.— lishing the national priorities for health care large. (1) RESPONSIBILITIES.—The Director shall quality improvement under paragraph (1), (B) Coordination and communication of ef- perform the duties of the Office, described in the Director shall consider— forts to achieve interagency goals, including paragraph (3), in a manner consistent with (A) health care outcomes in the United information exchange. the development of a nationwide health care States in comparison to health outcomes in (C) Interagency coordination progress for quality infrastructure that— other World Health Organization member national quality efforts. (A) coordinates and implements health countries; (D) Methods for ensuring awareness and care quality research, measurement, and (B) the burden of disease, including the recognition among health care providers and data collection and reporting across all Fed- prevalence, incidence, and cost of disease to the public at large of the significance of eral agencies involved in purchasing, pro- the United States; health care quality improvement. viding, studying, or regulating health care (C) demographics; (2) REPORTING.— services; (D) variability in practice norms; (A) REPORTING.—Not later than December (B) incorporates proven public and private (E) potential to eliminate harm to pa- 31, 2011, and by the end of each calendar year quality improvement best practices; tients; thereafter, the Director shall submit to the (C) includes public and private quality im- (F) improvements with the potential for President and to Congress a report regarding provement strategies to address activities the greatest impact on morbidity, mortality, the progress of Federal agencies in achieving other than health care quality measurement, performance, and a focus on the patient; the quality improvement priorities under such as provider payment models, alter- (G) quality measures that may be coordi- paragraphs (1) and (5) of subsection (c), and native care models, licensing, professional nated across different health care settings, shall make such report publicly available certification, medical education, alternative including impatient and outpatient meas- through the Internet. staffing models, and public reporting; and ures, primary care, and specialty care; (B) ANNUAL NATIONAL HEALTH CARE QUALITY (D) leads to improved health care out- (H) the specific quality improvement needs REPORT CARD.—Not later than January 31, comes for patients across the United States. and challenges of rural areas; and 2011, and annually thereafter, the Director (2) QUALIFICATIONS.—The President shall, (I) the unique quality improvement needs shall publish a national health care quality by and with the advice and consent of the disparities and challenges of vulnerable pop- report card, which shall include— Senate, appoint a Director. The President ulations, including children, the elderly, in- (i) the considerations for national health shall select an individual who has— dividuals with disabilities, individuals near care quality priorities described in sub- (A) national recognition for expertise in the end of life, and racial and ethnic minori- section (c)(2); health care quality improvement; ties. (ii) an analysis of the progress of the (B) experience addressing health care qual- (3) INITIAL PRIORITIES.—The first set of na- department- and agency-specific strategic ity improvement in more than one health tional priorities established under this sub- plans under subsection (c)(5) in achieving the care setting, such as inpatient care, out- section shall include as a priority pediatric national health care quality priorities estab- patient care, long-term care, public pro- health care quality improvement, for chil- lished under subsection (c)(1), and any gaps grams, and private programs; and dren up to age 21. in such strategic plans; (C) experience addressing health care qual- (4) COLLABORATION WITH MULTI-STAKE- (iii) the extent to which private sector ity as it applies to vulnerable populations, HOLDER GROUPS.— strategies have informed Federal quality im- including children, underserved populations, (A) IN GENERAL.—The Director shall con- provement efforts; and rural populations, individuals with disabil- vene and collaborate with multi-stakeholder (iv) a summary of consumer feedback re- ities, the elderly, and racial and ethnic mi- groups in establishing and updating the na- garding how well current quality improve- norities. tional priorities under paragraph (1). ment practices work for such consumers and (3) DUTIES OF THE DIRECTOR.—The Director (B) TRANSPARENCY.—All collaboration be- additional ways to improve health care qual- shall— tween the Director and multi-stakeholder ity. (A) advise the President on the quality of groups shall be conducted through an open (f) WEBSITE.—Not later than July 1, 2010, health care in the United States, including and transparent process. the Director shall create a website to make priorities and goals for the future; (C) STATUTORY CONSTRUCTION.—Notwith- public information regarding— (B) in coordination with public and private standing any other provision in this para- (1) the national priorities for health care stakeholders, determine national priorities graph, the Director shall have the final au- quality improvement established under sub- for improving health care quality, in accord- thority to decide whether to accept the rec- section (c)(1); ance with subsection (c); ommendations provided by such multi-stake- (2) the department- and agency-specific (C) establish annual benchmarks for each holder groups. strategic plans for health care quality de- relevant Federal department and agency to (5) AGENCY- AND DEPARTMENT-SPECIFIC scribed in subsection (c)(5); achieve national priorities for health care STRATEGIC PLANS.—Not later than October 1, (3) the annual national health care quality quality improvement; 2010 and annually thereafter, the Director, in report card described in subsection (e)(2)(B); (D) develop an annual report card on the consultation with the heads of relevant Fed- (4) ongoing health care quality research ef- state of the Nation’s health as it relates to eral agencies and departments, shall develop forts; health care quality; agency- and department-specific strategic (5) new and innovative health care quality (E) in coordination with the heads of other plans for health care quality improvement to improvement practices in the public and pri- relevant agencies and as part of the annual achieve national priorities, including annual vate sectors; budget request of Congress, submit funding benchmarks. (6) a consumer feedback mechanism; and requirements, in accordance with subsection (d) ANNUAL BUDGET REQUEST FOR RE- (7) other information, as the Director de- (d); SOURCES.—As part of the annual budget re- termines to be appropriate.

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(g) STAFF; EXPERTS AND CONSULTANTS; (d) GOALS.—The goals of the QuICC shall be (i) the QuICC’s progress in meeting the VOLUNTARY AND UNCOMPENSATED SERVICE.— to achieve the following: goals described in subsection (d); (1) STAFF.—The Director may employ such (1) Collaboration between Federal depart- (ii) recommendations for legislation to im- officers and employees as may be necessary ments and agencies with respect to devel- prove the processes of health care quality co- to enable the Office to carry out its func- oping goals, models, and timetables that are ordination and prioritization; and tions under this Act, and may employ and fix consistent with— (iii) recommendations for new and innova- the compensation of such officers and em- (A) reducing the underlying causes of ill- tive quality initiatives. ployees as may be necessary to carry out its ness, injury, and disability; (B) PUBLICATION.—Not later than December functions under this Act. (B) reducing health care errors; 31, 2010, and annually thereafter, the co- (2) EXPERTS AND CONSULTANTS.—The Direc- (C) ensuring the appropriate use of health chairpersons shall publish the report de- tor may employ and fix the compensation of care services; scribed in subparagraph (A) on the website of such experts and consultants as may be nec- (D) expanding research on effectiveness of the Office of National Health Care Quality essary for the carrying out of its functions treatments; Improvement. under this Act, in accordance with section (E) addressing over-supply and under-sup- (f) AUTHORIZATION OF APPROPRIATIONS.— 3109 of title 5, United States Code (without ply of health care resources; and There are authorized to be appropriated to regard to the last sentence). (F) increasing patient participation in carry out this section $5,000,000 for fiscal (3) VOLUNTARY AND UNCOMPENSATED SERV- their care. years 2011 through 2014. ICE.—Notwithstanding section 1342 of title 31, (2) Collaboration between Federal depart- SEC. 6. INCREASED AUTHORITY OF THE AGENCY United States Code, the Office may accept ments and agencies with respect to the de- FOR HEALTHCARE RESEARCH AND and use voluntary and uncompensated serv- velopment and utilization of quality im- QUALITY WITHIN THE DEPARTMENT ices, as the Director determines necessary. provement strategies, including quality OF HEALTH AND HUMAN SERVICES. (h) AUTHORIZATION OF APPROPRIATIONS.— measurement, for public sector programs (a) DIRECTOR OF THE AGENCY FOR There are authorized to carry out this sec- that are flexible enough to respond to chang- HEALTHCARE RESEARCH AND QUALITY.—Sec- tion $50,000,000 for fiscal years 2010 through ing health care needs, technology, and infor- tion 901(a) of the Public Health Service Act 2014. mation, while being sufficiently standardized (42 U.S.C. 299(a)) is amended by striking ‘‘by to be comparably measured. the Secretary’’ and inserting ‘‘by the Presi- SEC. 5. NATIONAL HEALTH CARE QUALITY CO- ORDINATION. (3) Cooperation between Federal depart- dent, by and with the advice and consent of ments and agencies in the development and the Senate’’. (a) ESTABLISHMENT.—As of the date of en- (b) NATIONAL HEALTH CARE QUALITY PRIOR- actment of this Act, there is established dissemination of evidence-based health care ITIES.—Title IX of the Public Health Service within the Office of National Health Care information to help guide practitioners’ ac- Act (42 U.S.C. 299 et seq.) is amended by add- Quality Improvement, the Quality Inter- tions in ways that will improve quality and potentially reduce costs. ing at the end the following: agency Coordinating Council (referred to in (4) Cooperation between Federal depart- this section as the ‘‘QuICC’’). ‘‘PART E—NATIONAL HEALTH CARE ments and agencies in the development and (b) PURPOSE.—The purpose of the QuICC is QUALITY PRIORITIES dissemination of user-friendly information to coordinate health care quality improve- ‘‘SEC. 940. DEFINITIONS. for both consumer and business purchasers ment efforts across all Federal agencies in- ‘‘In this part: that facilitates meaningful comparisons of volved in purchasing, providing, studying, or ‘‘(1) HEALTH CARE QUALITY.—The term quality performances of health care plans, regulating health care services in order to ‘health care quality’ means the degree to facilities and practitioners. achieve the common goal of improving pa- which health services for individuals and (5) Consultation with multi-stakeholder tient health outcomes. populations increase the likelihood of de- groups, where appropriate, in order to de- (c) ORGANIZATION OF THE QUICC.— sired health outcomes and are consistent velop interdepartmental and interagency (1) CO-CHAIRPERSONS.—The Director of Na- with current professional knowledge, based models for quality improvement. tional Health Care Quality (referred to in upon the following criteria: (6) Avoidance of inefficient duplication of this section as the ‘‘Director’’) and the Sec- ‘‘(A) EFFECTIVENESS.—Health care services ongoing health care quality improvement ef- retary of Health and Human Services shall forts and resources, where feasible and ap- should be provided based upon scientific serve as co-chairpersons of the QuICC, and propriate. knowledge of all who could benefit. the Director shall manage day-to-day oper- (7) Coordination and implementation by ‘‘(B) EFFICIENCY.—Waste, including waste ations of the QuICC. Federal departments and agencies of a of equipment, supplies, ideas, and energies, (2) FEDERAL MEMBERS.—The Federal mem- streamlined process for quality reporting should be avoided. bers of the QuICC, each of whom shall have and compliance requirements to reduce ad- ‘‘(C) EQUITY.—The provision of health care equal standing in the QuICC, shall include— ministrative burdens on private entities who should not vary in quality because of per- (A) the Administrator of the Centers for administer, oversee, or participate in the sonal characteristics of the individuals in- Medicare & Medicaid Services; Federal health programs. volved. (B) the Director of the National Institutes (e) WORKGROUPS.— ‘‘(D) PATIENT-CENTEREDNESS.—Health care of Health; (1) IN GENERAL.—Not later than 30 days should be responsive to, and respectful of, in- (C) the Director of the Centers for Disease after the establishment of the QuICC, the Di- dividual patient preferences. Control and Prevention; rector shall establish within the QuICC ‘‘(E) SAFETY.—Injuries to patients from the (D) the Commissioner of Food and Drugs; workgroups for each of the national health health care that is supposed to help them (E) the Administrator of the Health Re- care priorities established under section should be avoided. sources and Services Administration; 4(c)(1). ‘‘(F) TIMELINESS.—Waiting times and (F) the Director of the Agency for (2) PURPOSE.—Each such workgroup shall harmful delays in providing health care Healthcare Research and Quality; focus on achieving the goals of the QuICC should be reduced. (G) the Assistant Secretary of the Admin- (described in subsection (d)) for one such pri- ‘‘(2) HEALTH CARE QUALITY MEASURE.—The istration for Children and Families; ority and shall— term ‘health care quality measure’ means a (H) the Secretary of Labor; (A) coordinate the implementation of such national consensus standard for measuring (I) the Secretary of Defense; priority across all relevant Federal agencies the performance and improvement of popu- (J) the Secretary of Veterans Affairs; and departments; and lation health or of institutional providers of (K) the Under Secretary for Health of the (B) identify opportunities to improve the services, physicians, and other clinicians in Veterans Health Administration; process of implementing such health care the delivery of health care services, con- (L) the Secretary of Commerce; priority. sistent with the health care quality criteria (M) the Director of the Office of Personnel (3) MEMBERSHIP.— described in paragraph (1). Management; (A) LEADERSHIP.—Each workgroup shall be ‘‘(3) MULTI-STAKEHOLDER GROUP.—The term (N) the Director of the Office of Manage- led by 2 relevant Federal departments or ‘multi-stakeholder group’ means, with re- ment and Budget; agencies, as determined by the Director. spect to a health care quality measure, a vol- (O) the Commandant of the United States (B) REPRESENTATION.—Each of the Federal untary collaborative of public and private Coast Guard; members listed in subsection (c)(2) may ap- organizations representing persons inter- (P) the Director of the Federal Bureau of point 1 or more representatives to each ested in, or affected by, the use of such Prisons; workgroup. health care quality measure, including— (Q) the Administrator of the National (4) REPORTING.— ‘‘(A) health care providers and practi- Highway Traffic Safety Administration; (A) REPORT.—Not later than December 31, tioners, including providers and practi- (R) the Chairman of the Federal Trade 2010, and annually thereafter, the co-chair- tioners primarily serving children and those Commission; and persons of the QuICC shall submit a report to with long-term health care needs; (S) the Commissioner of the Social Secu- the relevant committees of Congress describ- ‘‘(B) health care quality entities; rity Administration. ing— ‘‘(C) health plans;

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PUBLIC EDUCATION CAMPAIGNS. groups; such Act, the health programs of the Admin- ‘‘(a) IN GENERAL.—The Director shall con- ‘‘(E) employers; istration for Children and Families, and the duct a public education campaign, designed ‘‘(F) public and private purchasers of maternal and child health programs of the to educate health care providers and con- health care items and services; Health Resources and Services Administra- sumers of health care about health care ‘‘(G) labor organizations; tion. quality improvement. ‘‘(H) relevant departments or agencies of ‘‘(C) The Indian Health Service. ‘‘(b) CONSUMER EDUCATION CAMPAIGNS.— the United States; ‘‘(D) The Substance Abuse and Mental ‘‘(1) IN GENERAL.—The Director, in coordi- ‘‘(I) biopharmaceutical companies and Health Services Administration. nation with the Administrator of the Centers manufacturers of medical devices; and ‘‘(E) Programs of the Health Resources and for Medicare & Medicaid Services and the Di- ‘‘(J) licensing, credentialing, and accred- Services Administration other than those de- rector of the Centers for Disease Control and iting bodies. scribed in subparagraph (B). Prevention, shall create a consumer edu- ‘‘(4) the term ‘health care quality measure’ ‘‘(F) Centers of the Food and Drug Admin- cation campaign to develop accurate and re- means a national consensus standard for istration. liable information about health care quality. measuring the performance and improve- ‘‘(2) PRIORITIZATION.—The Director shall In compiling the information for the con- ment of population health or of institutional apply the health care quality measures sumer education campaign, the Secretary providers of services, physicians, and other under this section to the Federal programs may use mechanisms and sources of informa- clinicians in the delivery of health care serv- in the order of priority described in para- tion that are available through other Fed- ices; and graph (1). eral agencies. ‘‘(5) the term ‘multi-stakeholder group’ ‘‘(3) CONSIDERATIONS REGARDING QUALITY ‘‘(2) REQUIREMENTS.—The consumer edu- means, with respect to a health care quality MEASURE APPLICATION.—Before applying the cation campaign shall include information measure, a voluntary collaborative of public health care quality measures described in regarding— and private organizations representing per- paragraph (1), the Director shall consider— ‘‘(A) the importance of quality in health sons interested in, or affected by, the use of ‘‘(A) the potential of such measures to im- care decisions; such health care quality measure, includ- prove patient outcomes; ‘‘(B) the ways in which health care experts ing— ‘‘(B) the ease of integration as a factor in define and identify quality in health care; ‘‘(A) hospitals and other health care set- health care provider reimbursement; ‘‘(C) the variance of quality among health tings; ‘‘(C) the applicability of such measures insurance plans, health care facilities, ‘‘(B) physicians, including pediatricians; across health care settings; health care organizations, and health care ‘‘(C) health care quality alliances; ‘‘(D) the unique quality improvement providers; and ‘‘(D) nurses and other health care practi- needs of vulnerable populations, including ‘‘(D) the role of consumers in improving tioners; children, the elderly, individuals with dis- the quality of health care. ‘‘(E) health plans; abilities, individuals near the end of life, and ‘‘(3) PUBLICATION.—The Director shall ‘‘(F) patient advocates and consumer racial and ethnic minorities; make the information described in para- groups; ‘‘(E) the burden of disease, including the graph (1) available to the public through the ‘‘(G) employers; prevalence, incidence, and cost of disease to Internet. ‘‘(H) public and private purchasers of the United States; and ‘‘(4) GRANT PROGRAM.—The Director shall health care items and services; ‘‘(F) payment distortions that encourage award grants to States and private nonprofit ‘‘(I) labor organizations; certain practice norms which may not lead organizations to assist with the creation and ‘‘(J) relevant departments or agencies of to greater patient health outcomes. dissemination of the information described the United States; ‘‘(4) UPDATING OF THE APPLICATION OF QUAL- in paragraph (1). ‘‘(K) biopharmaceutical companies and ITY MEASURES.—The Director, in consulta- ‘‘(c) QUALITY RESOURCE CENTER FOR manufacturers of medical devices; and tion with the Administrator of the Centers HEALTH CARE PROVIDERS.— ‘‘(L) licensing, credentialing, and accred- for Medicare & Medicaid Services, the Direc- ‘‘(1) IN GENERAL.—The Director, in coordi- iting bodies. tor of the Centers for Disease Control and nation with the Administrator of the Centers ‘‘SEC. 941. RESEARCH PRIORITIES. Prevention, the Director of the National In- for Medicare & Medicaid Services, shall cre- ‘‘The Director, in consultation with the stitutes of Health, and a consensus-based en- ate a National Quality Resource Center (re- heads of agencies within the Department of tity (as such term is used in section 1890 of ferred to in this subsection as the ‘NQRC’)for Health and Human Services shall ensure that the Social Security Act), shall develop a health care providers to assist with the un- the health care quality improvement prior- process for updating the health care quality derstanding and implementation of quality ities identified by the Director of the Office measures defined under paragraph (1) as new improvement initiatives for health care pro- of National Health Care Quality Improve- research and evidence become available. viders. ment, established under section 4 of the Na- ‘‘(2) DUTIES.—The national resource center ‘‘(b) QUALITY MEASURE REPORTING TO FED- tional Health Care Quality Act, are taken developed under paragraph (1) shall— ERAL HEALTH PROGRAMS.—The Director, in into consideration in all applicable research cooperation with the Administrator of the ‘‘(A) inform providers about quality im- conducted under the Department of Health Centers for Medicare & Medicaid Services, provement techniques and the value of such and Human Services, including the National techniques to improving quality; the National Coordinator for Health Infor- Institutes of Health and the demonstration ‘‘(B) accelerate the transfer of lessons mation Technology, the Administrator of projects. learned from other initiatives in the public the Health Resources and Services Adminis- ‘‘SEC. 942. QUALITY MEASURES. and private sectors, including those initia- tration, the Director of the Centers for Dis- ‘‘(a) APPLICATION OF QUALITY MEASURES TO tives receiving Federal financial support; ease Control and Prevention, and the Com- PROGRAMS UNDER THE DEPARTMENT OF ‘‘(C) provide a forum for exchange of missioner of Food and Drugs, shall create a HEALTH AND HUMAN SERVICES.— knowledge and experience among health care streamlined process for health care providers ‘‘(1) IN GENERAL.—The Director, in con- providers; to report quality measures to the heads of sultation with the Administrator of the Cen- ‘‘(D) provide technical assistance to health relevant agencies and departments for the ters for Medicare & Medicaid Services, the care providers for implementing quality im- purpose of quality improvement in the Fed- Director of the Centers for Disease Control provement efforts; and and Prevention, the Director of the National eral health programs described in subsection ‘‘(E) provide a forum for feedback from Institutes of Health, and a consensus-based (a)(1). health care providers concerning the effect entity (as such term is used in section 1890 of ‘‘(c) DEVELOPMENT OF ADDITIONAL QUALITY of the efforts under subparagraphs (A) the Social Security Act), shall define uni- IMPROVEMENT STRATEGIES.—The Director, in through (D). form health care quality measures, which consultation with the Administrator of the ‘‘(3) NATIONAL QUALITY SUPPORT EXTENSION shall apply to Federal health programs under Centers for Medicare & Medicaid Services, GRANT PROGRAM.— the Department of Health and Human Serv- the Director of the Centers for Disease Con- ‘‘(A) IN GENERAL.—The Director, in coordi- ices, including the following Federal pro- trol and Prevention, the Director of the Na- nation with the NQRC, shall award National grams, in order of priority: tional Institutes of Health, and multi-stake- Quality Support Extension grants (referred ‘‘(A) The Medicare program under title holder groups, shall develop quality improve- to in this paragraph as ‘NQSE grants’ or the XVIII of the Social Security Act, the rural ment strategies to address activities other ‘NQSE grant program’), on a competitive health and pharmacy programs of the Health than health care quality measurement that basis, to eligible entities for the purpose of Resources and Services Administration, and lead to improved patient outcomes, such as supporting and facilitating local health care the health programs of the Administration alternative care models, licensing, profes- quality improvement efforts throughout the on Aging. sional certification, medical education, al- United States. ‘‘(B) The Medicaid program under title XIX ternative staffing models, and public report- ‘‘(B) PURPOSES.—The purposes of the NQSE of the Social Security Act, the Children’s ing. grant program are—

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‘‘(i) to assist qualified eligible entities in tered into under such paragraph, and 3 years (c) IOM REPORT TO CONGRESS REGARDING carrying out projects related to health care in the case of each subsequent contract en- THE VALUE OF QUALITY MEASURE REPORT- quality improvement activities among the tered into under such paragraph’’; and ING.— provider community to help test and accli- (B) by inserting ‘‘for a period of 3 years’’ (1) IN GENERAL.—The Secretary of Health mate to new, innovative quality improve- after ‘‘renewed’’. and Human Services shall enter into a con- ment activities; (2) PRIORITY SETTING PROCESS.—Section tract with the Director of the Institute of ‘‘(ii) to facilitate communication among 1890(b)(1) of the Social Security Act (42 Medicine requiring that, not later than 18 local health care quality groups regarding U.S.C. 1395aaa(b)(1)) is amended— months after the date of enactment of this the best practices in the area of quality im- (A) in the matter preceding subparagraph Act, the Director submit to Congress a re- provement and prevention in the clinical set- (A)— port regarding the value of quality measure ting; and (i) by striking ‘‘an integrated national reporting in improving patient health out- ‘‘(iii) to enable, empower, support, and as- strategy and priorities for’’; and comes. sist local health care quality improvement (ii) by inserting ‘‘in a manner consistent (2) CONSIDERATIONS.—In preparing the re- efforts, particularly those that facilitate col- with the national priorities for health care port described in paragraph (1), the Director laboration between independent providers. quality improvement (as defined in section of the Institutes of Medicine shall consider— ‘‘(C) ELIGIBLE ENTITIES.—An entity desir- 4(c)(1))’’ after ‘‘settings’’; (A) specific instances in the history of ex- ing a grant under this paragraph shall— (B) in subparagraph (A)— isting public health care programs within ‘‘(i) be a public or private nonprofit entity (i) by redesignating clauses (i) through (iii) the Federal Government in which quality engaged in health care quality improvement; as clauses (ii) through (iv), respectively; and measure reporting has been shown, through ‘‘(ii) submit to the Director a program de- (ii) by inserting before clause (ii), as so re- peer-reviewed studies or literature, to result sign that describes the purpose of the plan designated, the following new clause: in improved patient health outcomes; and for which the entity seeks a grant and the ‘‘(i) that are consistent with such national (B) instances in which quality measure re- community leadership that will support the priorities for health care quality improve- porting has been shown to improve existing entity in carrying out such plan; and ment;’’. health disparities among vulnerable popu- ‘‘(iii) submit to the Director an application (3) ANNUAL REPORT TO CONGRESS.—Section lations, including children, underserved pop- at such time, in such manner, and con- 1890(b)(5) of the Social Security Act (42 ulations, rural populations, individuals with taining such information as the Director U.S.C. 1395aaa(b)(5)) is amended— disabilities, the elderly, and racial and eth- may require. (A) by redesignating clauses (i) through nic minorities. ‘‘(4) IMPLEMENTATION ASSISTANCE.—The (iii) as clauses (ii) through (iv); and (3) AUTHORIZATION OF APPROPRIATIONS.— Health Information Technology regional ex- (B) by inserting before clause (ii), as so re- There are authorized to be appropriated such tension centers under section 3012(c) shall designated, the following new clause: sums as may be necessary to carry out this operate as extension centers for the NQRC, ‘‘(i) the extent to which the priorities set subsection. for the purposes of implementation assist- and the quality improvement measures en- (d) GAO STUDY AND REPORTS.—Section ance. dorsed by the entity under paragraphs (1) 183(b)(1) of the Medicare Improvements for ‘‘(5) TECHNICAL ASSISTANCE FOR HEALTH and (2), respectively, are consistent with the Patients and Providers Act of 2008 (Public CARE PROVIDERS WORKING WITH VULNERABLE national priorities for health care quality Law 110-275; 122 Stat. 2586) is amended— POPULATIONS.—In carrying out this sub- improvement (as so defined);’’. (1) in subparagraph (A), by striking ‘‘and’’ section, the Director shall give particular at- (4) FUNDING.—Section 1890(d) of the Social after the semicolon; tention to the technical assistance that Security Act (42 U.S.C. 1395aaa(d)) is amend- (2) in subparagraph (B), by striking the pe- health care providers who serve vulnerable ed by inserting ‘‘and, for purposes of car- riod at the end and inserting a semicolon; populations need. rying out this section under a new or re- and ‘‘SEC. 944. FUNDING. newed contract, there are authorized to be (3) by inserting after subparagraph (B) the ‘‘(a) TRUST FUNDS.—For purposes of fund- appropriated such sums as are necessary, following: ing the activities under this part, the Sec- taking into consideration the results of the ‘‘(C) any negative effect on patients, par- retary shall provide for the transfer from the study contained in the 18 month report sub- ticularly on patients in underserved or vul- Federal Hospital Insurance Trust Fund mitted to Congress under section 183(b)(2) of nerable populations; and under section 1817 of the Social Security Act the Medicare Improvements for Patients and ‘‘(D) any negative effect on health care (42 U.S.C. 1395i) and the Federal Supple- Providers Act of 2008 (Public Law 110–275), providers, particularly health care providers mentary Insurance Trust Fund under section for each of fiscal years 2013 through 2015’’ be- in rural and underserved areas.’’. 1841 of the Social Security Act (42 U.S.C. fore the period at the end. SEC. 8. DATA COLLECTION. 1395t), including the Medicare Prescription SEC. 7. REPORTS TO CONGRESS. (a) IN GENERAL.—Not later than January 1, Drug Account in such Trust Fund, in such (a) EVALUATION OF THE CONSUMER EDU- 2011, and at least every 5 years thereafter, proportion as determined appropriate by the CATION CAMPAIGN.—Not later than 18 months the Comptroller General of the United States Secretary, of $150,000,000 for each of fiscal after the establishment of the quality re- (referred to in this section as the ‘‘Comp- years 2010 through 2014. source center under section 943(c) of the Pub- troller General’’) shall conduct evaluations ‘‘(b) AMERICAN RECOVERY AND REINVEST- lic Health Service Act (as added by section of the implementation of the data collection MENT FUNDS.—At the end of the recession ad- 6), the Comptroller General of the United processes for quality measures used by the justment period (as defined in section States shall submit to Congress a report de- Federal health programs administered 5001(h)(3) of the American Recovery and Re- scribing— through the Department of Health and investment Act (Public Law 111-5; 123 Stat. (1) the effectiveness of the quality resource Human Services. 496), the Secretary of the Treasury shall center for health care providers under such (b) CONSIDERATIONS.—In conducting the transfer any funds appropriated under such section 943(c); and evaluations under subsection (a), the Comp- Act and not otherwise expended to the Agen- (2) the effectiveness of the consumer edu- troller General shall consider— cy for purposes of carrying out this part. cation program under section 943(b) of such (1) whether the system for the collection of ‘‘(c) MEDICAID AND MEDICARE IMPROVEMENT Act (as added by section 6). data for quality measures provides for vali- FUNDS.—For purposes of funding the activi- (b) QUALITY DISSEMINATION STRATEGIES.— dation of data in a manner that is relevant, ties under this part for fiscal year 2014, the Not later than 18 months after the date of fair, and scientifically credible; Secretary shall provide for the transfer of enactment of this Act, the Secretary of (2) whether data collection efforts under $100,000,000 from the Medicaid Improvement Health and Human Services, acting through the system— Fund under section 1898 of the Social Secu- the Director of the Agency for Healthcare (A) use the most efficient and cost-effec- rity Act (42 U.S.C. 1395iii), and $100,000,000 Research and Quality, shall submit a report tive means in a manner that minimizes ad- from the Medicare Improvement Fund under to Congress that includes— ministrative burden on persons required to section 1941 of such Act (42 U.S.C 1396w–1).’’. (1) a description of the efforts made to collect data; (c) TECHNICAL AMENDMENT.—Section 937(b) translate clinical information regarding (B) adequately protects the privacy the of the Public Health Service Act (42 U.S.C. health care quality improvement into rea- personal health information of patients; and 299c-6(b)) is amended by inserting ‘‘except for sonable clinical practice; (C) provides data security; part E,’’ after ‘‘this title’’. (2) the processes through which the Sec- (3) whether standards under the system (d) DEVELOPMENT OF QUALITY MEASURES retary disseminated the information de- provide for an opportunity for health care FOR FEDERAL HEALTH PROGRAMS.— scribed in paragraph (1); and providers and institutional providers of serv- (1) PERIOD OF CONTRACT.—Section 1890(a)(3) (3) recommendations for the most effective ices to review and correct any inaccuracies of the Social Security Act (42 U.S.C. methods for translating and disseminating with regard to the findings; and 1395aaa(a)(3)) is amended— information concerning health care quality, (4) the extent to which quality measures— (A) by striking ‘‘4 years’’ and inserting ‘‘4 and required statutory changes to imple- (A) assess outcomes and the functional sta- years, in the case of the first contract en- ment the recommended methods. tus of patients;

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.001 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11425 (B) assess the continuity and coordination Iraqi invasion of and removal from Ku- 30,000,000 barrels of refined petroleum prod- of care and care transitions, including epi- wait, while it has been used several ucts)’’. sodes of care, for patients across providers times in response to hurricanes or (b) PLAN.—Title I of the Energy Policy and and health care settings; other weather events, such as dense fog Conservation Act is amended by inserting (C) assess patient experience and patient halting tanker traffic in the Houston after section 154 (42 U.S.C. 6234) the fol- engagement; lowing: (D) assess the safety, effectiveness, and Channel. ‘‘SEC. 155. PLAN. timeliness of care; These more frequent weather events (E) assess health disparities, including dis- are usually as disruptive, if not more ‘‘Not later than 180 days after the date of parities associated with race, ethnicity, age, disruptive, to U.S. refinery operations enactment of this section, the Secretary gender, place of residence, or language; as to crude oil production and imports. shall submit to the President and, if the (F) assess the efficiency and use of re- President approves, to Congress, a plan to in- Hurricanes Gustav and Ike in Sep- clude refined petroleum products in the sources in the provision of care; tember 2008 took much of the U.S. Gulf (G) are designed to be collected as part of Strategic Petroleum Reserve, including a de- health information technologies supporting Coast infrastructure offline, and short- scription of— better delivery of health care services; and ages of gasoline and diesel were experi- ‘‘(1) the disposition of refined petroleum (H) result in direct or indirect costs to enced throughout the Southeast products that shall be stored in the Reserve, users of such measures. through October of that year. The SPR which shall be selected— (c) AUTHORIZATION OF APPROPRIATIONS.— was of limited use in mitigating these ‘‘(A) to alleviate shortages that might be There are authorized to be appropriated to shortages because the refineries af- expected to result from hurricanes, earth- quakes, or other acts of nature; and carry out this section $1,000,000 for fiscal fected by the storms were not able to years 2010 through 2014. ‘‘(B) to minimize the number of different process SPR crude oil into gasoline and kinds of refined petroleum products that By Mr. BINGAMAN: diesel. shall be stored; S. 967. A bill to amend the Energy Including a small volume of refined ‘‘(2) the method of acquisition of refined Policy and Conservation Act to create petroleum products in the SPR, as re- petroleum products for storage in the Re- a petroleum product reserve, and for quired by The Strategic Petroleum Re- serve, which shall— ‘‘(A) be intended to minimize both the cost other purposes; to the Committee on serve Modernization Act of 2009, would provide a cushion to affected markets and market disruption associated with the Energy and Natural Resources. acquisition; and Mr. BINGAMAN. Mr. President, I am while damaged infrastructure were ‘‘(B) include— pleased to introduce The Strategic Pe- brought back online, or until imported ‘‘(i) an analysis of the option of exchanging troleum Reserve Modernization Act of gasoline and diesel could arrive to crude oil from the Reserve for refined petro- 2009. This bill will ensure that the service the area. leum products; and Strategic Petroleum Reserve will con- The second key provision included in ‘‘(ii) the anticipated time requirement for tinue to fulfill the goal that its cre- the Strategic Petroleum Reserve Mod- building the inventory of refined petroleum ators envisioned for it in 1975, which is ernization Act of 2009 authorizes the products; ‘‘(3) storage facility options for the storage to protect Americans from the eco- Secretary of Energy to release emer- gency oil from the SPR. Under current of refined petroleum products, including the nomic consequences of oil supply dis- anticipated location of existing or new facili- ruptions. law, only the President of the United ties; This bill includes two key provisions. States can authorize an emergency sale ‘‘(4) the estimated costs of establishment, First, it creates a refined petroleum of SPR oil. Experts believe that this re- maintenance, and operation of the refined product component within the existing quirement creates a disincentive to use petroleum product component of the Re- SPR. The Department of Energy is re- SPR oil for the purposes for which it is serve; quired to hold at least 30 million bar- intended, as the President does not ‘‘(5) efforts the Department will take to en- rels of the total 1 billion barrel SPR in- want to alarm the public by announc- sure that distributors and importers are not ing that the country is in an oil supply discouraged from maintaining and increas- ventory in refined petroleum products, ing supplies of refined petroleum products; such as gasoline and diesel fuel. emergency. and In the 1970s, the U.S. was vulnerable Moving the SPR drawdown authority ‘‘(6) actions that will be taken to ensure to supply disruptions in crude oil, as it to the Secretary of Energy would allow quality of refined petroleum products in the was a significant and growing importer SPR policy decisions to be made closer Reserve, including the rotation of products of crude oil. In 1973, major oil export- to the oil markets that the SPR serves. stored.’’. ing nations embargoed oil exports to I believe that many of my colleagues (c) DRAWDOWN AND SALE.—Section 161 of the United States in retaliation for share my disappointment that recent the Energy Policy and Conservation Act (42 U.S. support for Israel during that discussions about when and how to use U.S.C. 6241) is amended— year’s Arab-Israeli War. The embargo the SPR have become so political that (1) by striking subsection (d) and inserting the following: and resulting oil price spikes wreaked sound decisions, based on the reality of ‘‘(d) LIMITATION ON DRAWDOWN AND SALE.— havoc on the U.S. economy. Preventing our country’s oil market, have not ‘‘(1) IN GENERAL.—The drawdown and sale a recurrence of this kind of geo- been possible. of petroleum products from the Strategic Pe- political oil supply disruption was the Mr. President, I ask unanimous con- troleum Reserve may not be made unless the primary goal of the SPR. Because the sent that the text of the bill be printed Secretary determines that— country then held significant surplus in the RECORD. ‘‘(A) the drawdown and sale are required refinery capacity, SPR managers de- There being no objection, the text of by— cided to hold only crude oil in the SPR. the bill was ordered to be printed in ‘‘(i) a severe energy market supply inter- In 2009, our domestic oil market has the RECORD, as follows: ruption; or ‘‘(ii) obligations of the United States under changed. While we are more dependent S. 967 the international energy program; or on imported crude oil than ever before, Be it enacted by the Senate and House of Rep- ‘‘(B) in the case of the refined petroleum we also import more refined petroleum resentatives of the United States of America in product component of the Reserve, a sale of products and have considerably less Congress assembled, refined petroleum products will mitigate the spare refinery capacity. When U.S. re- SECTION 1. SHORT TITLE. impacts of weather-related events or other finery operations are disrupted, we re- This Act may be cited as the ‘‘Strategic acts of nature that have resulted in a severe quire imported products from other Petroleum Reserve Modernization Act of energy market disruption. countries to fill the gap. 2009’’. ‘‘(2) SEVERE ENERGY MARKET DISRUPTION.— We have also learned in the last 34 SEC. 2. PETROLEUM PRODUCT RESERVE. For purpose of this subsection, a severe en- years that weather-related events are (a) STRATEGIC PETROLEUM RESERVE.—Sec- ergy market supply disruption shall be con- tion 154(a) of the Energy Policy and Con- sidered to exist if the Secretary determines the most frequent source of oil supply servation Act (42 U.S.C. 6234(a)) is amended that— disruptions. In history, the SPR has by striking ‘‘1 billion barrels of petroleum ‘‘(A) an emergency situation exists and been used in connection with only on products’’ and inserting ‘‘1,000,000,000 barrels there is a disruption in global oil markets of geopolitical event, during the 1990–1991 of petroleum products (including at least significant scope and duration;

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This legisla- This bill would give states, districts, major adverse impact on the national econ- omy.’’; and tion aims to address some of these schools, institutes of higher education, (2) in subsections (h)(1) and (i), by striking challenges. businesses and community-based orga- ‘‘President’’ each place it appears and insert- Many of our high schools are too nizations $500 million in competitive ing ‘‘Secretary’’. large and impersonal. They lack the grants in each of the next 6 years to re- rigor and high expectations that we form in our Nation’s secondary schools. By Mr. REID (for himself, Mr. must set for all of our students. Of By supporting a variety of strategies PRYOR, Mrs. MURRAY, Mr. course, many of the problems that lead for innovation and creating evidence- MENENDEZ, and Mr. BENNET): students to lose interest or drop out of based, systemic and replicable models S. 968. A bill to award competitive school begin at the middle-school level. of reform, we will improve student grants to eligible partnerships to en- To meet the challenges of this econ- achievement and prepare them to suc- able the partnerships to implement in- omy and prepare our young people for ceed in school and then in the work- novative strategies at the secondary life after high school, we must give our force. school level to improve student middle and high schools the oppor- We also know that every dollar we achievement and prepare at-risk stu- tunity to try new ideas and approaches spend belongs to the American people. dents for postsecondary education and that will improve students’ perform- That is why we will only help programs the workforce; to the Committee on ance and their graduation rates. that can demonstrate that their stu- Health, Education, Labor, and Pen- We must take proven ideas and put dents are improving. sions. them in the schools that need them the Democrats are committed to expand- Mr. REID. Mr. President, in our glob- most like extending the school day or ing educational opportunities for all al economy, a high school diploma has year; dividing large urban schools into Americans and preparing them to suc- become the minimum qualification smaller, more personal learning acad- ceed in the global economy. We must necessary for a good job. Yet only emies; expanding summer learning op- give them the best chance to achieve about a third of the students who enter portunities for middle-school students; their full potential, and this bill will 9th grade each fall will graduate 4 or partnering schools with colleges and help make that possible. I hope my col- years later prepared for college or the universities to allow high school stu- leagues will join me in supporting this workforce. dents to take and receive credit for col- legislation. Another third will leave high school lege-level courses. Mr. President, I ask unanimous con- with a diploma, but without the skills The good news is that schools sent that the text of the bill be printed and knowledge they need to succeed. throughout my home state of Nevada, in the RECORD. Yet another third will not graduate and across the country, have already There being no objection, the text of from high school within four years, if started implementing these sorts of in- the bill was ordered to be printed in at all. novative strategies: the RECORD, as follows: This trend, across thousands of our The Clark County Schools District in S. 968 Nation’s schools, robs millions of southern Nevada—the Nation’s 5th Be it enacted by the Senate and House of Rep- young Americans—particularly poor largest and one of the fastest growing— resentatives of the United States of America in and minority students—of their best has opened some of the most cutting- Congress assembled, chances to succeed. edge career and technical academies in SECTION 1. SHORT TITLE. Students in Nevada are hit particu- the country. With programs in engi- This Act may be cited as the ‘‘Secondary larly hard. Less than 70 percent of high neering and design, medical occupa- School Innovation Fund Act’’. school students in my home state grad- tions, and media communications, a SEC. 2. FINDINGS. uate on time. For African American visitor to one of these new academies Congress finds the following: and Latino students, that number is might think they were on a university (1) Since almost 90 percent of the fastest closer to 50 percent. Nearly 20,000 stu- growing and best paying jobs now require campus. some postsecondary education, a secondary dents in Nevada who started school In northern Nevada, the Washoe school diploma and the skills to succeed in with the class of 2008 did not graduate County School District has teamed up postsecondary education and the modern with their peers. with one of the local community col- workplace are essential. Leaving these students behind hurts leges. The Truckee Meadows Commu- (2) Only 1⁄3 of all high school students in our economy in both the short- and nity College High School now allows the United States graduate in 4 years pre- long-run. These students will cost the students to take a combination of col- pared for a 4-year institution of higher edu- 1 State’s economy an estimated $5.1 bil- lege and high school courses, and they cation. Another ⁄3 graduate, but without the lion in lost wages over the course of skills and qualifications necessary for suc- get credit on both levels. Not only do cess in postsecondary education or the work- their lifetimes, and will earn an aver- these students complete more chal- place, and the rest will not graduate from age of almost $10,000 less each year lenging, college-level coursework, but high school in 4 years, if at all. compared to their classmates who fin- they are laying the groundwork for (3) Dropouts from the class of 2008 will cost ished high school. success after high school. the United States more that $319,000,000,000 Almost 90 percent of the fastest- Encouraging our secondary schools in reduced earnings. growing and best-paying jobs require to meet new, demanding and competi- (4) The Nation’s failure to meet the in- some postsecondary education. We can tive requirements requires replicating creasing demand for skilled workers means no longer afford to ignore our unac- these types of school models. But they that American companies cannot fill a large number of jobs. 81 percent of American man- ceptable graduation rates. We can no need adequate Federal support to do so. ufacturing companies report experiencing a longer afford to look the other way The Secondary School Innovation Fund moderate to severe shortage of qualified while more and more students remain gives them just that. workers. unprepared to compete in the global President Obama and Secretary Dun- (5) The education system of the United economy. It is not right for these stu- can know this as well. The budget we States should support critical thinking, cre- dents, and it is not right for our econ- passed last week proposes a similar ativity, and innovative approaches to prob- omy. fund that would promote innovation lem-solving—all skills that cannot easily be outsourced. The Program for International That is why Senators MURRAY and and excellence in America’s schools. Student Assessment is an international as- PRYOR and I are introducing the Sec- And the economic recovery plan that sessment that measures these high-demand ondary School Innovation Fund, a bill we passed earlier this year includes un- skills. Unfortunately, when the results on to improve the education our students precedented funding for improving and this assessment of students from the United get in America’s secondary schools. reforming our education systems. It States are compared to those of students

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.001 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11427 from 27 other countries, many of which are menting innovative strategies described in ‘‘(II) accountability; economic competitors of the United States, subsection (f) to improve the achievement of ‘‘(III) secondary school improvement; the United States students rank 24th in prob- at-risk students in secondary schools. ‘‘(IV) innovative education models; lem-solving, 21st in scientific literacy, and ‘‘(2) SUBGRANTS TO ELIGIBLE SCHOOLS.—An ‘‘(V) postsecondary education preparation 25th in mathematical literacy. eligible partnership that receives a grant and access; and (6) As the bar for success continues to be under this part may use the grant funds to ‘‘(VI) workforce preparation; raised, the responsibility to engender these award a subgrant to an eligible school to en- ‘‘(ii) not less than 1 parent or community attributes with progressive programs and able the eligible school to implement innova- representative; and original models lies squarely with the edu- tive strategies described in subsection (f) to ‘‘(C) ensure that each grant award is of suf- cation system. It is imperative that the improve the achievement of at-risk students ficient size and scope to carry out the activi- United States develop and implement new, at the eligible school. ties proposed in the grant application, in- innovative approaches to fully prepare every ‘‘(3) DURATION OF GRANT PERIOD.—A grant cluding the evaluation required under sub- student for the 21st century. awarded under paragraph (1) shall be for not section (g)(3). (7) Realigning the education system to longer than a 5-year period. ‘‘(2) AWARD BASIS.—In awarding grants meet new, demanding requirements and face ‘‘(b) RESERVATION OF FUNDS.—The Sec- under this part, the Secretary shall ensure, intensifying competition requires effective, retary shall reserve 5 percent of the amounts to the extent practicable— systemic reform. Identifying effective, appropriated under this part for a fiscal year ‘‘(A) diversity in the type of activities replicable models that achieve this goal is a for the evaluation described in subsection funded under the grants, including statewide critical step towards enhancing the pros- (h). and local initiatives; pects of all students entering the modern ‘‘(c) APPLICATION.— ‘‘(B) an equitable geographic distribution workforce. ‘‘(1) IN GENERAL.—An eligible partnership of the grants, including urban and rural SEC. 3. SECONDARY SCHOOL INNOVATION FUND. desiring a grant under this part shall submit areas and small and large school districts; and (a) SECONDARY SCHOOL INNOVATION FUND.— an application to the Secretary at such time, ‘‘(C) that the grants support activities— Title I of the Elementary and Secondary in such manner, and containing such infor- ‘‘(i) that target different grade levels of Education Act of 1965 (20 U.S.C. 6301 et seq.) mation as the Secretary may require. students at the secondary school level; is amended— ‘‘(2) CONTENTS.—The application described ‘‘(ii) in a variety of types of secondary (1) by redesignating part I as part J; and in paragraph (1) shall include— schools, including middle schools and high (2) by inserting after section 1830 the fol- ‘‘(A) a description of the eligible partner- schools; and lowing: ship, the partners forming the eligible part- nership, and the roles and responsibilities of ‘‘(iii) in secondary schools of varying sizes, ‘‘PART I—SECONDARY SCHOOL each partner, and a demonstration of each including small and large schools. INNOVATION FUND ‘‘(e) FEDERAL SHARE, NON-FEDERAL partner’s capacity to support the outlined SHARE.— ‘‘SEC. 1851. PURPOSES. roles and responsibilities; ‘‘(1) FEDERAL SHARE.—The Federal share of ‘‘The purposes of this part are— ‘‘(B) a description of how funds will be used a grant under this part shall be not more ‘‘(1) to improve the achievement of at-risk to improve the achievement of at-risk stu- than 75 percent of the costs of the activities secondary school students and prepare such dents in secondary schools; assisted under the grant. students for postsecondary education and ‘‘(C) a description of how the activities the workforce; ‘‘(2) NON-FEDERAL SHARE.—The non-Federal funded by the grant will be innovative, sys- share shall be not less than 25 percent of the ‘‘(2) to create evidence-based, replicable temic, evidence-based, and replicable; models of innovation in secondary schools at costs of the activities assisted under the ‘‘(D) a description of each subgrant the eli- grant, of which not more than 10 percent of the State and local level; and gible partnership will award to an eligible ‘‘(3) to support partnerships to create and the costs of the activities assisted under the school, including a description of the eligible grant may be provided in-kind, fairly evalu- inform innovation at the State and local school; level to improve learning outcomes and tran- ated. ‘‘(E) a description of how the eligible part- ‘‘(f) USE OF FUNDS.—An eligible partner- sitions for secondary school students. nership will measure and report improve- ship receiving a grant under this part, or an ‘‘SEC. 1852. DEFINITIONS. ment using the data collected under sub- eligible school receiving a subgrant under ‘‘In this part: section (g) and additional indicators of im- this part, shall use grant or subgrant funds, ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eli- provement proposed by the partnership, such respectively, to carry out 1 or more of the gible partnership’ means a partnership that as— following effective models or innovative pro- includes— ‘‘(i) student attendance or participation; grams: ‘‘(A) not less than 1— ‘‘(ii) credit accumulation rates; ‘‘(1) EFFECTIVE SCHOOL MODELS.— ‘‘(i) State educational agency; or ‘‘(iii) core course completion rates; ‘‘(A) MULTIPLE EDUCATION PATHWAYS.—A ‘‘(ii) local educational agency that is eligi- ‘‘(iv) college enrollment and persistence model creating a range of academically rig- ble for assistance under part A; and rates; or orous multiple education pathways, based on ‘‘(B) not less than 1— ‘‘(v) number or percentage of students tak- the analysis of student data, that lead to a ‘‘(i) institution of higher education; ing— secondary school diploma, that are con- ‘‘(ii) nonprofit organization; ‘‘(I) Advanced Placement (AP), Inter- sistent with readiness for postsecondary edu- ‘‘(iii) community-based organization; national Baccalaureate (IB), or other post- cation and the workforce, and that offer stu- ‘‘(iv) business; or secondary education courses; dents a range of educational options de- ‘‘(v) school development organization or ‘‘(II) rigorous postsecondary education pre- signed to meet the students’ needs and inter- intermediary. paratory courses; or ests, including through the creation of new ‘‘(2) ELIGIBLE SCHOOL.—The term ‘eligible ‘‘(III) registered apprenticeship and work- schools. Such pathways may include— school’ means a public secondary school force training programs; and ‘‘(i) an effective dropout prevention and re- served by a local educational agency that is ‘‘(F) a description of the planning phase of covery model that— eligible for assistance under part A. not more than 90 days that the eligible part- ‘‘(I) prepares students for postsecondary ‘‘(3) HIGH SCHOOL.—The term ‘high school’ nership will undertake for the grant, includ- education and career readiness; means a public school, including a public ing— ‘‘(II) uses re-engagement and recuperative charter high school, that provides secondary ‘‘(i) the activities and goals of the planning strategies based in youth development; education, as determined under State law, in phase; and ‘‘(III) uses innovative strategies for credit 1 or more of grades 9 through 12. ‘‘(ii) how each partner in the eligible part- recovery and acceleration, such as flexible ‘‘(4) MIDDLE SCHOOL.—The term ‘middle nership will participate in the planning hours or online access to curricula, courses, school’ means a public school, including a phase. assessments, resources, and supports; public charter middle school, that provides ‘‘(d) APPLICATION REVIEW AND AWARD ‘‘(IV) provides competency-based instruc- middle or secondary education, as deter- BASIS.— tion and performance-based assessment to mined under State law, in 1 or more of ‘‘(1) GRANT REVIEW AND APPROVAL.—The improve educational outcomes for various grades 5 through 8. Secretary shall— populations of overaged or undercredited ‘‘SEC. 1853. SECONDARY SCHOOL INNOVATION ‘‘(A) establish a peer review process to as- students or students who have previously FUND. sist in the review of the grant applications dropped out of secondary school, such as— ‘‘(a) PROGRAM AUTHORIZED.— and approval of the grants under this sec- ‘‘(aa) students not making sufficient ‘‘(1) GRANTS TO ELIGIBLE PARTNERSHIPS.— tion; and progress to graduate with a regular sec- The Secretary is authorized to award grants, ‘‘(B) appoint to the peer review process— ondary school diploma in the standard num- on a competitive basis, to eligible partner- ‘‘(i) individuals who are educators and ex- ber of years; ships to enable the eligible partnerships to perts in— ‘‘(bb) students who need to work to support pay the Federal share of the costs of imple- ‘‘(I) secondary school reform; themselves or their families;

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‘‘(cc) pregnant and parenting teens; and community-based cultural and civic organi- ‘‘(E) RURAL OPPORTUNITIES.—A program to ‘‘(dd) students returning from the juvenile zations; improve learning opportunities for sec- justice system; and ‘‘(iii) providing higher education and work- ondary school students in rural schools, in- ‘‘(V) combines rigorous academic edu- based exposure, experience, and credit-bear- cluding through the use of distance-learning cation with career training for students that ing learning opportunities in partnership opportunities and other technology-based are not making sufficient progress to grad- with postsecondary education institutions tools. uate from secondary school in the standard and the workforce; ‘‘(F) MIDDLE GRADE IMPROVEMENTS.—A pro- number of years; ‘‘(iv) providing technology-enabled collabo- gram to improve learning opportunities for ‘‘(ii) a career and technical education pro- ration and access for students to receive as- students in the middle grades— gram; sistance from content experts, instructors, ‘‘(i) to prevent student disengagement and ‘‘(iii) a career academy or other model that and peers and to utilize resources for remedi- improve achievement; and delivers high quality, college preparatory ation and enrichment; or ‘‘(ii) to better respond to early warning curriculum in the context of a rigorous tech- ‘‘(v) providing quality summer experiences, signs that students are at risk of dropping nical core; and which may include youth development. out of school, such as poor attendance, poor ‘‘(iv) creating a more personalized and en- ‘‘(B) SUCCESSFUL TRANSITIONS TO HIGH behavior, or course failure, through the use gaging learning environment for secondary SCHOOL.—A program improving student tran- of an early warning indicator system and school students, such as— sitions from middle school to high school interventions. ‘‘(I) establishing smaller learning commu- and ensuring successful entry into high ‘‘(G) IMPROVING TEACHING AND ACADEMICS.— nities; school, which may include— A program of improving teaching and in- ‘‘(II) creating student advisories and devel- ‘‘(i) establishing summer transition pro- creasing academic rigor at the secondary oping peer engagement strategies; grams for students transitioning from mid- school level, which may include— ‘‘(III) creating mechanisms for increased dle school to high school to ensure the stu- ‘‘(i) improving the alignment of academic educator collaboration around individual dents’ connection to the students’ new high standards with the requirements and expec- student needs; school and to orient the students to the tations of postsecondary education and the ‘‘(IV) involving students and parents in the study skills and social skills necessary for workforce; development of individualized student plans success in the high school; ‘‘(ii) improving the teaching and assess- for secondary school success and graduation ‘‘(ii) providing for the sharing of data be- ment of 21st century skills, including and transition to postsecondary education; tween high schools and feeder middle through the development of formative as- and schools; sessment models; ‘‘(V) creating mechanisms for increased ‘‘(iii) establishing early warning indicator ‘‘(iii) providing high-quality professional student participation in school improvement and intervention programs in high school for development on data literacy, including on efforts and in decisions affecting the stu- students transitioning into the students’ use of data to inform classroom instruction; dents’ own learning, including students lead- first year of high school so that such stu- ‘‘(iv) addressing the learning needs of var- ing guidance activities, mentoring, or tutor- dents do not become truant or fall too far be- ious student populations, including students ing efforts. hind in academics; who are limited English proficient, late en- ‘‘(iv) increasing the level of student sup- ‘‘(B) EARLY COLLEGE AND DUAL ENROLLMENT trant English language learners, and stu- ports, including academic and nonacademic SCHOOLS.—An early college high school or dents with disabilities; and supports that meet the comprehensive needs other dual enrollment learning opportunity ‘‘(v) developing value-added measures for of struggling students; that provides a course of study that enables use in determining teacher ability and effec- ‘‘(v) aligning academic standards, cur- a student to earn a secondary school diploma tiveness, including for use in recruitment ricula, and assessments between middle and and either an associate degree or not more and hiring decisions. high schools; and than 2 years of transferable postsecondary ‘‘(H) IMPROVED COMMUNITY AND PARENTAL ‘‘(vi) providing electronic access to de- education credit toward a postsecondary de- INVOLVEMENT.—A program improving com- tailed information on student performance gree or credential. munity and parental involvement, which and all content and skill areas to students ‘‘(C) SECONDARY SCHOOLS USING EARLY may include— transitioning into high school and their par- WARNING SYSTEMS.—A secondary school that ents. ‘‘(i) increasing community involvement, enables at-risk students to graduate from including leveraging community-based serv- ‘‘(C) SUCCESSFUL TRANSITIONS TO POSTSEC- secondary school ready to succeed in post- ices and opportunities to provide every stu- ONDARY EDUCATION AND THE WORKFORCE.—Im- secondary education and the workforce, provements to assist student transition from dent with the academic and comprehensive through use of an early warning indicator secondary school to postsecondary education nonacademic supports necessary for aca- and intervention system that combines— and the workforce, which may include— demic success; and ‘‘(i) research-based whole school reform fo- ‘‘(i) providing for the sharing of data be- ‘‘(ii) increasing parental involvement, in- cused on improving attendance, behavior, tween secondary schools and institutions of cluding providing parents with the tools to and course performance; higher education, including data on remedi- navigate, support, and influence their child’s ‘‘(ii) targeted interventions provided by ation and completion rates; academic career and choices through sec- trained teams of adults working full-time in ‘‘(ii) enabling dual enrollment and post- ondary school graduation and into postsec- the school, which may include— secondary credit-bearing learning opportuni- ondary education and the workforce, includ- ‘‘(I) participants or volunteers under the ties; ing through electronic access to student National and Community Service Act of 1990 ‘‘(iii) creating new opportunities to better data. (42 U.S.C. 12501 et seq.) or the Domestic Vol- utilize grades 11 and 12 and creating better ‘‘(g) DATA COLLECTION AND EVALUATION.— unteer Service Act of 1973 (42 U.S.C. 4950 et connections to postsecondary education, ‘‘(1) COLLECTION OF DATA.—Each eligible seq.); which may include internships, externships, partnership receiving a grant under this part ‘‘(II) student and family advocates; and job shadowing, and technology-enabled col- shall collect and report annually to the Sec- ‘‘(III) college and career access and success laboration; retary such information on the results of the counselors; ‘‘(iv) providing enhanced planning and activities assisted under the grant as the ‘‘(iii) integrated student services and case- counseling for postsecondary education, in- Secretary may reasonably require, including managed interventions for students requir- cluding financial aid counseling; and information on— ing intensive supports; and ‘‘(v) aligning the academic standards of ‘‘(A) the number and percentage of stu- ‘‘(iv) an on-track indicator system to iden- secondary school with the academic stand- dents who— tify students in need of additional support ards of postsecondary education and the re- ‘‘(i) are served by the eligible partnership; and to monitor the effectiveness of the inter- quirements and expectations of the work- ‘‘(ii) are assisted under this part; and ventions described in clause (ii). force, including partnering with local indus- ‘‘(iii) graduate from secondary school with ‘‘(2) INNOVATIVE PROGRAMS.— try to align technical curricula to workforce a regular secondary school diploma in the ‘‘(A) EXPANDED LEARNING-TIME OPPORTUNI- needs. standard number of years; TIES.—The creation of an expanded learning- ‘‘(D) INCREASED SCHOOL AUTONOMY AND ‘‘(B) the number and percentage of stu- time opportunity, which may include— FLEXIBILITY.—A program of providing sec- dents, at each grade level, who are— ‘‘(i) establishing a mandatory expanded ondary schools with increased autonomy and ‘‘(i) served by the eligible partnership; day, for all students transitioning into the flexibility, which may include— ‘‘(ii) assisted under this part; and first year of high school, for academic catch- ‘‘(i) establishing a process whereby exist- ‘‘(iii) on track to graduate from secondary up and enrichment; ing schools can apply for flexibility in such school with a regular secondary school di- ‘‘(ii) providing arts, service-learning (as de- areas as scheduling, curricula, budgeting, ploma in the standard number of years; fined in section 101 of the National and Com- and governance; and ‘‘(C) the number and percentage of stu- munity Service Act of 1990 (42 U.S.C. 12511), ‘‘(ii) starting new small public secondary dents, at each grade level, who— or youth development opportunities with schools that are guaranteed such autonomy. ‘‘(i) are served by the eligible partnership;

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Bernardino, California, and in Artesia, New dent academic achievement standards in ‘‘(j) RULE OF CONSTRUCTION REGARDING DIS- Mexico, and continue to serve communities mathematics, reading or language arts, or CRIMINATION.—Nothing in this section shall in Artesia, New Mexico; and science, as measured by the State academic be construed to permit discrimination on the Whereas the people of the United States assessments under section 1111(b)(3); basis of race, color, religion, sex, national or- wish to convey their sincerest appreciation ‘‘(D) information consistent with the addi- igin, or disability in any program or activity to the Sisters of the Sacred Hearts for their tional indicators of improvement proposed funded under this part. service and devotion: Now, therefore, be it by the eligible partnership in the grant ap- ‘‘SEC. 1854. AUTHORIZATION OF APPROPRIA- Resolved, That the Senate— plication; and TIONS. (1) recognizes the 150 the anniversary of ‘‘(E) other information the Secretary may ‘‘There is authorized to be appropriated to the arrival of the Sisters of the Sacred require as necessary for the evaluation de- carry out this part $500,000,000 for fiscal year Hearts in Hawaii; and scribed in subsection (h). 2010 and for each of the succeeding 5 years.’’. (2) honors and praises the Sisters of the ‘‘(2) REPORTING OF DATA.—Each eligible (b) CONFORMING AMENDMENTS.—The table Sacred Hearts Pacific Province for their partnership receiving a grant under this part of contents in section 2 of the Elementary good works in the education of the youth of shall disaggregate the information required and Secondary Education Act of 1965 (20 the United States and in service to the peo- under paragraph (1) in the same manner as U.S.C. 6301 note) is amended— ple of Hawaii, California, Massachusetts, information is disaggregated under section (1) by striking the item relating to Part I New Jersey, and New Mexico, and for the 1111(h)(1)(C)(i). and inserting the following: Sisters’ pursuit of educational, social, and ‘‘(3) EVALUATION.— ‘‘PART J—GENERAL PROVISIONS’’; AND economic equality of all persons. ‘‘(A) IN GENERAL.—Each eligible partner- (2) by inserting after the item relating to f ship receiving a grant under this part shall, section 1830 the following: immediately after the receipt of grant funds, SENATE RESOLUTION 127—RECOG- ‘‘PART I—SECONDARY SCHOOL INNOVATION enter into a contract with an outside eval- NIZING THE MEMBERS OF THE FUND uator to enable the evaluator to conduct— UNITED STATES ARMY AND THE ‘‘(i) an evaluation of the effects of the ‘‘Sec. 1851. Purposes. ‘‘Sec. 1852. Definitions. PHYSICIANS OF MAINE MEDICAL grant after the third year of implementation ‘‘Sec. 1853. Secondary school innovation CENTER FOR THE OPEN-HEART of the grant; and fund. SURGERY THEY PERFORMED ON ‘‘(ii) an evaluation of the effects of the ‘‘Sec. 1854. Authorization of appropria- A 6-YEAR-OLD IRAQI GIRL grant after the final year of the grant period. tions.’’. ‘‘(B) DISTRIBUTION.—Upon completion of an Ms. SNOWE submitted the following evaluation described in subparagraph (A), f resolution; which was referred to the the eligible partnership shall submit a copy SUBMITTED RESOLUTIONS Committee on Armed Services: of the evaluation to the Secretary in a time- S. RES. 127 ly manner. Whereas 6-year-old Tiba and her mother, ‘‘(h) EVALUATION; BEST PRACTICES.— SENATE RESOLUTION 126—COM- ‘‘(1) IN GENERAL.—From amounts reserved Sareea traveled from the countryside of Iraq MEMORATING THE 150TH ANNI- to Maine so that Tiba could receive open- under subsection (b), the Secretary shall— VERSARY OF THE ARRIVAL OF ‘‘(A) enter into a contract with an outside heart surgery; evaluator to enable the evaluator to con- THE SISTERS OF THE SACRED Whereas the bravery of a young child and duct— HEARTS IN HAWAI‘I the phenomenal service of the courageous soldiers in the United States Army are in- ‘‘(i) a comprehensive evaluation after the Mr. INOUYE (for himself, Mr. AKAKA, third year of implementation on the effec- spiring and place a human face and a human and Mr. KERRY) submitted the fol- heart at the center of one of the most war- tiveness of all grants awarded under this lowing resolution; which was consid- part; torn areas in the world; ‘‘(ii) a final evaluation following the final ered and agreed to: Whereas Kim Block of WGME channel 13 in year of the grant period— S. RES. 126 Portland, Maine professionally produced and ‘‘(I) with a focus on the improvement in Whereas the Sisters of the Sacred Hearts, broadcast a heartwarming story on this case; student achievement and the indicators de- also known as the Sisters of the Congrega- Whereas all of Maine feels a boundless scribed in subsection (g)(1) as a result of in- tion of the Sacred Hearts of Jesus and Mary, sense of pride for the tremendous commit- novative strategies; and in 2009 are celebrating the 150th anniversary ment and contribution of Dr. Reed Quinn ‘‘(II) to the extent practicable, that com- of their arrival in Hawaii on May 4, 1859, to who led the team of physicians at Maine pares the relative effectiveness of different provide Catholic education to the children of Medical Center in the 8-hour open-heart sur- types of programs and compares the relative Hawaii; gery procedure that saved Tiba’s life; and effectiveness of variations in implementa- Whereas, during the past 150 years, Whereas such surgery was made possible tion within types of programs; and through the devotion and dedication of the by the compassion of the Maine Foundation ‘‘(B) disseminate, and provide technical as- Sisters of the Sacred Hearts, thousands of for Cardiac Surgery, and was a mission ful- sistance regarding, best practices in improv- youth in Hawaii, California, Massachusetts, filled by a team of genuine heroes: Now, ing the achievement of secondary school stu- and New Jersey have received the benefit of therefore, be it dents. a well-rounded education based on Christian Resolved, That the Senate recognizes the soldiers, doctors, nurses, and hospital staff ‘‘(2) PEER REVIEW.— principles and moral living at the following at Maine Medical Center for their compas- ‘‘(A) IN GENERAL.—An evaluator receiving a educational institutions: Sacred Hearts Con- contract under this subsection shall— vent at Fort Street, Honolulu; Sacred Hearts sionate service, and Tiba and Sareea for ‘‘(i) establish a peer-review process to as- Academy, Kaimuki, Honolulu; St. Anthony their remarkable courage. sist in the review and approval of the evalua- Home, Kalihi, Honolulu; Sacred Hearts Con- Ms. SNOWE. Mr. President, today I tions conducted under this subsection; and vent, Nuuanu, Honolulu; St. Theresa School, introduced a Senate Resolution recog- ‘‘(ii) appoint individuals to the peer-review Honolulu; Our Lady of Peace School, Hono- nizing the United States Army and the process who are educators and experts in— lulu; Immaculate Conception School, Lihue, physicians of Maine Medical Center for ‘‘(I) research and evaluation; and Kauai; St. Patrick School, Kaimuki, Hono- saving the life of a 6-year-old Iraqi girl. ‘‘(II) the areas of expertise described in lulu; Maria Regina School, Gardena, Cali- My Maine constituents and I are subclauses (I) through (VI) of subsection fornia; Bishop Amat High School, West Co- (d)(1)(B)(i). vina, California; Sacred Hearts Academy, bursting with pride over the tremen- ‘‘(B) RESTRICTIONS ON USE.—The Secretary Fairhaven, Massachusetts; St. Joseph dous commitment and contribution of shall not distribute or use the results of any School, Fairhaven, Massachusetts; Sacred Dr. Reed Quinn and the team of health evaluation described in paragraph (1)(A) Hearts School, Fairhaven, Massachusetts; professionals at Maine Medical Center until the results are peer-reviewed in accord- and St. Andrew School, Avenel, New Jersey; who recently conducted an eight-hour ance with subparagraph (A). Whereas, during the past 101 years, the Sis- open heart surgery procedure which ‘‘(i) CONTINUATION OF FUNDING.—An eligible ters of the Sacred Hearts have served com- saved young Tiba’s life. The procedure partnership that receives a grant under this munities in Fairhaven, Fall River, and Mt. was made possible by the compassion part shall only be eligible to receive a grant Rainier, Massachusetts, and in Avenel, New payment for a fourth or fifth year of the Jersey, and continue to serve communities of the Maine Foundation for Cardiac grant if the Secretary determines, on the in Fairhaven, Massachusetts; Surgery, and the mission was fulfilled basis of the evaluation of the grant under Whereas, during the past 50 years, the Sis- by a team of genuine American heroes, subsection (h)(1)(A)(i), that the performance ters of the Sacred Hearts have served com- led by the U.S. Army.

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.001 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11430 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 May 4, 2009 I am particularly touched by the Congregation of the Sacred Hearts of Whereas, during the past 101 years, the Sis- bravery of a young child and the out- Jesus and Mary and of Perpetual Ado- ters of the Sacred Hearts have served com- standing service of our courageous sol- ration of the Most Blessed Sacrament munities in Fairhaven, Fall River, and Mt. diers in the U.S. Army. I will always of the Altar. Rainier, Massachusetts, and in Avenel, New The Congregation was founded by Jersey, and continue to serve communities remember this story because it places a in Fairhaven, Massachusetts; human face at the center of a war-torn Pierre Coudrin and Henriette Aymer de Whereas, during the past 50 years, the Sis- area. la Chevalerie in Poitiers, France, on ters of the Sacred Hearts have served com- After viewing the moving news series Christmas Eve 1800. munities in Gardena, West Covina, and San reported by Kim Block of WGME Chan- In 1825, the Congregation responded Bernardino, California, and in Artesia, New nel 13 in Portland on ‘‘Operation Good to a request of Pope Leo XII for mis- Mexico, and continue to serve communities Heart,’’ I thought it was fitting to rec- sionaries to the Pacific Rim, then in Artesia, New Mexico; and ognize the story of 6-year-old Tiba and known as Oceania. Whereas the people of the United States her mother, Sareea, and their journey The Sacred Hearts Priests and Broth- wish to convey their sincerest appreciation from their village in Iraq to Maine. ers arrived in Hawaii in 1827; the Sis- to the Sisters of the Sacred Hearts for their ters, in 1859. service and devotion: Now, therefore, be it Tiba suffered a dangerous heart condi- Resolved, That the Senate— tion and was transported by the U.S. Today, through the missionary zeal of its members, of which a noteworthy (1) recognizes the 150th anniversary of the Army from Iraq to Maine for life-sav- arrival of the Sisters of the Sacred Hearts in ing open-heart surgery performed by exemplar in Hawaii is Blessed Damien Hawaii; and the talented physicians of Maine Med- de Veuster, the Brothers and Sisters of (2) honors and praises the Sisters of the Sa- ical Center. the Congregation of the Sacred Hearts cred Hearts Pacific Province for their good I hope my colleagues will join me in of Jesus and Mary are present in 40 works in the education of the youth of the commending the dedicated soldiers of countries and on all continents. United States and in service to the people of The Sisters of the Sacred Hearts Pa- Hawaii, California, Massachusetts, New Jer- the U.S. Army, the superlative profes- sey, and New Mexico, and for the Sisters’ sionals of Maine Medical Center, the cific Province is the administrative center of communities of Sisters cur- pursuit of educational, social, and economic generous folks at the Maine Founda- equality of all persons. tion for Cardiac Surgery, the good peo- rently serving in Hawaii, New Mexico, f ple of Channel 13, and—above all—the and Massachusetts. In observance of the 150th anniversary of the Sisters’ ar- brave mother and daughter who trav- APPOINTMENT rival to Hawaii, I urge my colleagues eled across the globe. This is a heart- to support this resolution recognizing The PRESIDING OFFICER. The warming story about wonderful people the Sisters’ dedication through these Chair announces, on behalf of the Re- who make America great, and I urge years to the education of the children publican leader, pursuant to P.L. 110– adoption of the Resolution. of Hawaii, Massachusetts, California, 229, the appointment of the following f and New Mexico. to be a nonvoting member of the Com- AUTHORITY FOR COMMITTEES TO Mr. SCHUMER. Mr. President, I ask mission to Study the Potential Cre- MEET unanimous consent that the resolution ation of a National Museum of the be agreed to, the preamble be agreed American Latino: Sandy Colon Peltyn COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS to, and the motions to reconsider be of Nevada. Mr. KAUFMAN. Mr. President, I ask laid upon the table, with no inter- f unanimous consent that the Com- vening action or debate, and that any ORDERS FOR TUESDAY, MAY 5, mittee on Homeland Security and Gov- statements related to the resolution be 2009 ernmental Affairs be authorized to printed in the RECORD. The PRESIDING OFFICER. Without meet during the session of the Senate Mr. SCHUMER. Mr. President, I ask objection, it is so ordered. unanimous consent that when the Sen- on Monday, May 4, 2009, at 5:30 p.m. The resolution (S. Res. 126) was The PRESIDING OFFICER. Without ate completes its business today, it ad- agreed to. journ until 10 a.m. on Tuesday, May 5; objection, it is so ordered. The preamble was agreed to. f The resolution, with its preamble, that following the prayer and pledge, reads as follows: the Journal of proceedings be approved COMMEMORATING THE 150TH ANNI- to date, the morning hour be deemed S. RES. 126 VERSARY OF THE ARRIVAL OF expired, the time for the two leaders be Whereas the Sisters of the Sacred Hearts, THE SISTERS OF THE SACRED reserved for their use later in the day, HEARTS IN HAWAI‘I also known as the Sisters of the Congrega- tion of the Sacred Hearts of Jesus and Mary, and that the Senate resume consider- Mr. SCHUMER. Mr. President, I ask in 2009 are celebrating the 150 anniversary of ation of S. 896, the Helping Families unanimous consent that the Senate their arrival in Hawaii on May 4, 1859, to pro- Save Their Homes Act of 2009; further, proceed to the immediate consider- vide Catholic education to the children of I ask unanimous consent that the Sen- ation of S. Res. 126, submitted earlier Hawaii; ate recess from 12:30 until 2:15 to allow today. Whereas, during the past 150 years, for the weekly caucus luncheons. The PRESIDING OFFICER. The through the devotion and dedication of the The PRESIDING OFFICER. Without Sisters of the Sacred Hearts, thousands of clerk will report the resolution by objection, it is so ordered. title. youth in Hawai‘i, California, Massachusetts, The bill clerk read as follows: and New Jersey have received the benefit of f a well-rounded education based on Christian A resolution (S. Res. 126) commemorating principles and moral living at the following PROGRAM the 150th anniversary of the arrival of the educational institutions: Sacred Hearts Con- Sisters of the Sacred Hearts in Hawai‘i. Mr. SCHUMER. Mr. President, Sen- vent at Fort Street, Honolulu; Sacred Hearts There being no objection, the Senate ators should expect rollcall votes in re- Academy, Kaimuki, Honolulu; St. Anthony lation to amendments prior to the cau- proceeded to consider the resolution. Home, Kalihi, Honolulu; Sacred Hearts Con- Mr. INOUYE. Mr. President, today, I vent, Nuuanu, Honolulu; St. Theresa School, cus recess. rise in support of a Senate resolution Honolulu; Our Lady of Peace School, Hono- f commemorating the 150th anniversary lulu; Immaculate Conception School, Lihue, of the arrival of the Sisters of the Sa- Kauai; St. Patrick School, Kaimuki, Hono- ADJOURNMENT UNTIL 10 A.M. cred Hearts in Hawaii. I am pleased to lulu; Maria Regina School, Gardena, Cali- TOMORROW fornia; Bishop Amat High School, West Co- Mr. SCHUMER. Mr. President, if have Senators Daniel Akaka and John vina, California; Sacred Hearts Academy, Kerry as original cosponsors of the res- Fairhaven, Massachusetts; St. Joseph there is no further business to come be- olution. School, Fairhaven, Massachusetts; Sacred fore the Senate, I ask unanimous con- The first Catholic missionaries to the Hearts School, Fairhaven, Massachusetts; sent that it adjourn under the previous Hawaiian Islands were members of the and St. Andrew School, Avenel, New Jersey; order.

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S04MY9.001 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 9 11431 There being no objection, the Senate, HUMAN SERVICES, VICE JOSEFINA CARBONELL, RE- POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER SIGNED. TITLE 10, U.S.C., SECTION 601: at 6:37 p.m., adjourned until Tuesday, GENERAL SERVICES ADMINISTRATION May 5, 2009, at 10 a.m. To be lieutenant general MARTHA N. JOHNSON, OF , TO BE ADMINIS- LT. GEN. JOSEPH F. DUNFORD, JR. TRATOR OF GENERAL SERVICES, VICE LURITA ALEXIS f DOAN, RESIGNED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF LIEUTENANT GENERAL IN THE DEPARTMENT OF HOMELAND SECURITY NOMINATIONS UNITED STATES MARINE CORPS WHILE ASSIGNED TO A PHILIP MUDD, OF VIRGINIA, TO BE UNDER SECRETARY POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER Executive nominations received by FOR INTELLIGENCE AND ANALYSIS, DEPARTMENT OF TITLE 10, U.S.C., SECTION 601: the Senate: HOMELAND SECURITY. (NEW POSITION) To be lieutenant general FEDERAL ELECTION COMMISSION DEPARTMENT OF HOUSING AND URBAN MAJ. GEN. WALTER E. GASKIN, SR. DEVELOPMENT JOHN J. SULLIVAN, OF MARYLAND, TO BE A MEMBER OF THE FEDERAL ELECTION COMMISSION FOR A TERM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MERCEDES MARQUEZ, OF CALIFORNIA, TO BE AN AS- EXPIRING APRIL 30, 2013, VICE ELLEN L. WEINTRAUB, TO THE GRADE OF LIEUTENANT GENERAL IN THE SISTANT SECRETARY OF HOUSING AND URBAN DEVEL- TERM EXPIRED. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A OPMENT, VICE SUSAN D. PEPPLER, RESIGNED. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER IN THE MARINE CORPS TITLE 10, U.S.C., SECTION 601: DEPARTMENT OF HEALTH AND HUMAN SERVICES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general KATHY J. GREENLEE, OF KANSAS, TO BE ASSISTANT TO THE GRADE OF LIEUTENANT GENERAL IN THE SECRETARY FOR AGING, DEPARTMENT OF HEALTH AND UNITED STATES MARINE CORPS WHILE ASSIGNED TO A LT. GEN. RICHARD C. ZILMER

VerDate Mar 15 2010 08:25 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 9801 E:\BR09\S04MY9.001 S04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11432 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 HOUSE OF REPRESENTATIVES—Monday, May 4, 2009

The House met at 12:30 p.m. and was about any course of action that could RECORD. They still have not answered called to order by the Speaker pro tem- pose a threat to the American people. the letters. My office has been told by pore (Ms. EDWARDS of Maryland). In my letter I called on the President the White House that some of the ques- f to declassify all information about the tions I have asked cannot even be an- capture and detention of the Uyghur swered. DESIGNATION OF SPEAKER PRO detainees, including a threat assess- When Attorney General Holder ap- TEMPORE ment for each detainee who would be peared before the Commerce-Justice- The SPEAKER pro tempore laid be- released in the U.S. Science appropriations subcommittee, fore the House the following commu- The American people, Madam Speak- he poignantly said he would not play nication from the Speaker: er, deserve the facts about these de- hide and seek with the information. What are they now trying to hide from WASHINGTON, DC, tainees and the risk they potentially May 4, 2009. pose to our communities. the American people? The Attorney General is slow-rolling I hereby appoint the Honorable DONNA F. Following the precedent that the ad- EDWARDS to act as Speaker pro tempore on ministration set in declassifying the the information as terrorist detainees this day. Office of Legal Counsel interrogation are potentially going to be released NANCY PELOSI, memos, they have a moral obligation into the United States. Speaker of the House of Representatives. to the American people to declassify According to an L.A. Times article published last week, ‘‘The Homeland f all relevant information related to the Uyghur detainees. Security Department has registered MORNING-HOUR DEBATE This administration has already concerns about the plan,’’ among other government agencies. The SPEAKER pro tempore. Pursu- shown that it has no qualms about re- Information I have received indicates ant to the order of the House of Janu- leasing selected classified documents. that the Uyghurs may be more dan- ary 6, 2009, the Chair will now recog- The White House cannot just pick and gerous than the public has been led to nize Members from lists submitted by choose what classified information it believe. the majority and minority leaders for deems worthy of releasing. It cannot morning-hour debate. Just last night, 60 Minutes had a dis- have it both ways. It shouldn’t release turbing segment which touched on the The Chair will alternate recognition information that conveniently makes between the parties, with each party radicalization of the Guantanamo Bay their case without making information detainees. The story indicated that in limited to 30 minutes and each Mem- with profound national security impli- ber, other than the majority and mi- Saudi Arabia alone, of 117 men re- cations available to the American peo- turned from Guantanamo, 11 have nority leaders and the minority whip, ple. limited to 5 minutes. shown up again on Saudi Arabia’s most After learning that this decision was wanted terrorist list. f imminent, I requested briefings from a Any intelligence assessment of the number of relevant agencies, but all Uyghurs must take into account not GUANTANAMO BAY’S UYGHUR the agencies have told me that our De- DETAINEES only their previous training at ter- partment of Justice is now preventing rorist camps but their potential subse- The SPEAKER pro tempore. The them from speaking to me directly on quent exposure to the likes of Khalid Chair recognizes the gentleman from this issue. So much for being open. So Sheikh Mohammed, the mastermind of Virginia (Mr. WOLF) for 5 minutes. much for disclosure. 9/11 who took pleasure in the beheading Mr. WOLF. Madam Speaker, it is my Is the Attorney General preventing of Wall Street Journal reporter Daniel understanding that President Obama’s agencies from answering Members’ Pearl. decision regarding the release into the questions? Is this a political decision I say to this administration, the U.S. of a number of Uyghur detainees being made by Eric Holder, the Attor- American people have a right to know held at Guantanamo Bay since 2002 ney General? all the facts, and I fear personally that could be imminent. This is not the transparency and ac- expediency is clouding their judgment, , ABC News and countability the President promised, which is inexcusable after we saw what other news outlets have reported that nor is it the open and constructive re- took place on 9/11. the President will soon release these lationship they claim they want with The stakes are simply too high for terrorists into the United States, yet Congress. This is, at best, a poor judg- this administration to reasonably this Congress has not been briefed on ment and, at worst, a dangerous hypoc- think that the American people should this decision. risy. simply take their word that these men Let me be clear, these terrorists Is the administration intent on keep- pose no security threats. I call on the would not be held in prisons, but they ing Congress and the American people Obama administration to declassify would be released into your neighbor- in the dark about critically important and release all the information that hoods. They should not be released into national security issues? they have available so the American the United States. Do Members realize Madam Speaker, I have criticized people can make a judgment. who these people are? both Republican and Democratic ad- HOUSE OF REPRESENTATIVES, There have been published reports ministrations for actions that I believe Washington, DC, May 1, 2009. that the Uyghurs were members of the undermine the safety and the security Hon. BARACK H. OBAMA, Eastern Turkistan Islamic Movement, of the American people. President, the White House, a designated terrorist organization af- I have not received responses to two Washington, DC. filiated with al Qaeda. letters to Attorney General Holder on DEAR MR. PRESIDENT: It is my under- standing that your decision regarding wheth- Releasing the Uyghurs is a matter of the transfer of Guantanamo Bay pris- er to release a number of Chinese Uyghur de- grave concern, a matter which prompt- oners. The first letter was dated March tainees held at Guantanamo Bay into the ed me to send a letter to the President 13. The second letter was dated April United States is imminent. I have grave con- last Friday detailing my reservations 23. And I will submit them for the cerns about this action, which I believe could

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

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11433 directly threaten the security of the Amer- detainees rights that go beyond protections ecutions and the attendant threats they en- ican people. offered U.S. military personnel by the Uni- tail for participants and the public. Can you Information I have received indicates that form Code of Military Justice. Giving such provide me with what the cost was for these the Uyghurs may be more dangerous than rights to the men listed above greatly con- upgrades? Has the Justice Department con- the public has been led to believe. I write cerns me. sidered what the cost will be for upgrading today asking that you declassify all intel- Earlier trials of terrorists in the U.S. dem- facilities for detainees who may be trans- ligence regarding their capture, detention, onstrated the necessity for extraordinary se- ferred to the civilian court system. and your administration’s assessment of the curity resources that would be needed if I am also concerned about the precedent threat they may pose to Americans, prior to some of those at Guantanamo are trans- that the standards set in Boumediene v. any decision to release them. The American ferred here. Newsday and Bush, the Supreme Court case regarding al people deserve to have all the facts about reported that during the 1995 trial in New Qaeda operative Lakhdar Boumediene, which these individuals before they should be ex- York of Omar Abdel Rahman, the master- granted habeas corpus rights to Guantanamo pected to tolerate their presence in our com- mind of the 1993 World Trade Center bomb- detainees, would set for future cases. In his munities. ing, terrorist confederates of El Sayyid dissent in this case, Justice I believe your administration also has an Nosair, another World Trade Center bombing raised the issue that if enemy combatants obligation to explain to the American people planner, were plotting to break him out of currently housed at Guantanamo Bay are how you will monitor the Uyghurs’ activities Attica State Prison in New York. In the given habeas corpus rights, the same rights should they be released in the U.S. Addition- same case, court tapes show that conspira- would have to be given to any combatant de- ally, all state and local law enforcement tors provided each other assurance that, in tained where the U.S. military conducts op- should immediately be notified of your in- the event that some were captured, the oth- erations. Recently, Justice Scalia’s admoni- tended decision, provided a threat assess- ers would work to free them. In addition, tion has proved prescient as a federal judge ment of the released Uyghurs, and informed during the 2000 trial of Mahmud Salim, one in Washington ruled that Boumediene’s of the federal government’s plans to monitor of the terrorists accused of the 1998 bombing grant of habeas corpus rights now extends to their activities once released. of the U.S. Embassy in Kenya, he stabbed Afghanistan. Following the precedent you have set in New York prison guard Louis Pepe in the eye The process in deciding where the detain- declassifying the Office of Legal Counsel in- during an escape attempt. Al Qaeda saw the ees will ultimately be housed and under what terrogation memos, you have a moral obliga- rights given to its members to meet with means they will be tried should be trans- tion to declassify this critical information. counsel as an opportunity to carry out a vio- parent so the American people know who is The American people cannot afford to simply lent escape attempt. Mr. Salim was one of making these important decisions. I believe take your word that these detainees, who the original followers of Osama bin Laden that the Justice Department should meet were captured training in terrorist camps, and the highest ranking al Qaeda member with those who lost loved ones in the 9/11 at- are not a threat if released into our commu- held in the U.S. at the time. tacks as well as the families of service mem- nities. In addition to trying to escape from prison, bers who have died in Iraq and Afghanistan Best wishes. al Qaeda members have communicated with and ask for their perspective on the fate of Sincerely, confederates while in prison. It is my under- these detainees, especially those who played FRANK R. WOLF, standing that El Sayyid Nosair was involved a lead role in carrying out the attacks. Member of Congress. in plotting the 1993 World Trade Center If you are convinced these combatants bombing while in custody in Attica State must be transferred to the United States, I HOUSE OF REPRESENTATIVES, Prison. In addition, Osama bin Laden has believe an isolated part of the country away Washington, DC, April 23, 2009. publicly credited Sheik Abdel Rahman with from population centers would be a better Hon. ERIC H. HOLDER, Jr., issuing the ‘‘fatwa’’ that approved the 9/11 choice. As your department continues to Attorney General, Department of Justice, attacks while he was in federal prison, de- consider plans for these combatants, I ask Washington, DC. spite the high security confinement condi- that you please address these issues as well DEAR ATTORNEY GENERAL HOLDER: My let- tions imposed on him. It also emerged later as the questions I asked in my earlier letter. ter of March 13 indicated my concerns about that, with the assistance of his lawyer, I also have these additional questions: bringing enemy combatants from the deten- Rahman was continuing to send instruc- 1. The trial of Zacharias Moussaoui in Al- tion facility at Naval Station Guantanamo tional messages to the Islamic Group, his exandria, Virginia, lasted over four years due Bay, Cuba, to the United States. I under- Egyptian terrorist organization. primarily to the judge’s belief that the due stand that the president has given you the In 2004, NBC News reported that, despite process standards applicable in civilian task of determining the release, transfer or their incarceration in maximum security trials required more disclosure than the Jus- prosecution of these detainees. I noted your conditions, convicted World Trade Center tice Department believed was required and recent comments on how this is the most bombers were communicating by mail with safe to provide. I understand any appeal to challenging aspect of your job as attorney terrorists in Madrid, Spain. There would cer- the 4th Circuit Court could take up to an ad- general and I respect the difficulty of your tainly be strong reasons to believe that de- ditional year per trial. Considering that a position. tainees currently held at Guantanamo Bay— federal appeals court in New York just re- But as I have learned more about these de- who are known to have rioted and grossly cently decided an appeal in the embassy tainees and received additional information abused prison guards—would use their access bombing case—more than a decade after the from terrorism experts, I remain extremely to counsel and investigators in order to con- attack and eight years after the trial—how concerned that transferring these combat- vey messages to their allies. long does your department envision civilian ants to locations near large civilian popu- It took federal prosecutors eight years in legal proceedings for Guantanamo detainees lations would place an overwhelming burden the 1990s to try 29 defendants charged with taking? on the court system and endanger public terrorism-related crimes as a result of at- 2. Khalid Sheikh Mohammed, Mohammed safety. tacks on U.S. property and interests abroad. al Qatani and Ramzi Binalshibh have been The detainees currently held at Guanta- The detention facility at Guantanamo Bay linked directly to the September 11, 2001, at- namo Bay are some of the most dangerous currently holds almost 10 times that num- tacks and appear far more culpable than individuals in the world who have openly ber. If it took eight years to prosecute 29 in- Zacharias Moussaoui. Will the Justice De- dedicated their lives to killing Americans. dividuals, how long will it take to transfer partment seek the death penalty for detain- Kahlid Sheik Mohammed was the architect and prosecute over 200? ees such as them? If so, does the Justice De- of the 9/11 attacks and took pleasure in be- How is the Justice Department responding partment think seeking the death penalty heading Wall Street Journal reporter Daniel to the fact that prosecutors, judges, and ju- would lengthen each trial, and, if so, for how Pearl. Ramzi Binalshibh was identified as ries in recent terrorism trials, and their fam- long? one of the planners of 9/11 and was supposed ilies, have required government protection 3. Will the defense attorneys for these com- to be one of the hijackers until he was denied measures, sometimes for many years, at batants be given access to classified evidence entry into the United States. Walid bin great cost in manpower and to our security that would inevitably lead to legal challenge Attash is believed to be the mastermind be- budget? Has the Justice Department esti- and possible consideration by the Supreme hind the bombing of the U.S.S. Cole in mated the cost of providing enhanced per- Court, adding more time to trials? Yemen in 2000. These individuals are respon- sonal security for trials yet to come? 4. If terror suspects are brought into the ci- sible for planning the deaths of thousands of I am also concerned about the extra costs vilian system for trial and they insist on rep- Americans. that will be incurred in preparing prisons resenting themselves, would the Justice De- Guantanamo Bay also houses combatants and courthouses for possible trials. I under- partment allow them access to all discovery, who were detained after actively trying to stand that the courthouses in which prior including classified national defense infor- kill U.S. troops in Iraq and Afghanistan. terrorism cases were litigated and the pris- mation? From news reports I have read, it appears ons where defendants were held had to be 5. Will defense attorneys be allowed dis- consideration is being given to allow these ‘‘hardened’’ to accommodate terrorism pros- covery on all such evidence and be allowed to

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11434 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 challenge its admission in court? Would this ferring detainees to their home countries or organization that bombed the U.S. embassies require allowing defense attorneys to enter detaining them indefinitely without trial? in Kenya and Tanzania as well as the USS combat zones to view evidence? 21. For any detainees released to third Cole in Yemen. 6. Will U.S. service members who collected countries, what assurances are you seeking The March 11 Washington Post detailed evidence on the battlefield be forced to leave from those governments in order to mini- how a detainee recently released from Guan- their duties in theater and return to the mize the risks of recidivism? tanamo Bay is now the operations com- United States to give testimony in open 22. You have stated that the issues related mander of Taliban forces attacking U.S. and court? to closing Guantanamo Bay represent your NATO forces in southern Afghanistan. There 7. Will military personnel be required to biggest challenge. If the task forces conclude also have been news reports that 61 of the de- have training on how to legally obtain evi- that the risks associated with civilian trials tainees that were processed and released dence and preserve the chain of command in the United States are too dangerous and from Guantanamo Bay were recaptured needed to make such evidence admissible in costly, will you recommend to the president fighting American forces. If those individ- court? that the closure of the detention facility be uals were deemed safe to release from cus- 8. Will every combatant be given full legal delayed? tody yet returned to terrorist activities and rights and will these rights also be given to 23. Beyond the supplemental request, what killing Americans, what does that say about combatants detained in the future? other post-Guantanamo requirements will how dangerous the detainees still at Guanta- 9. The system of military tribunals for there be? namo Bay must be? these combatants was designed to avoid the I realize that your department has numer- I was also troubled to read that five Guan- difficulties inherent in civilian trials. If the ous issues to address before Guantanamo tanamo detainees described themselves as military is trusted to run a system of justice Bay is closed and all the combatants housed ‘‘terrorists to the bone,’’ and stated in a good enough for members of our armed there moved. As the Justice Department court filing that they describe their role in forces, why is it deemed insufficiently fair continues to consider the disposition of these the 9/11 attacks as ‘‘a badge of honor.’’ These for these detainees who have openly stated combatants, I think it is important for Con- dangerous individuals simply cannot be they are ‘‘terrorists to the bone?’’ gress to play an active role. As my previous transferred anywhere near large civilian pop- 10. If these combatants are transferred to letter stated, I take Congress’s oversight ulations. the U.S. Court for the Eastern District of role seriously and believe that Congress As the ranking member on the House Ap- Virginia, how will the trials of other defend- must be consulted before any of these com- propriations Commerce-Justice-Science Sub- ants in that court be affected? batants are moved to the continental U.S. committee, I am particularly concerned 11. If regular defense attorneys are not al- Thank you for your service. about the complexities of bringing any of lowed to meet with clients at the jail facility Sincerely, these enemy combatants to any installation, in Alexandria due to increased security asso- FRANK R. WOLF, military or civilian, close to U.S. civilian ciated with these combatants, is the Justice Member of Congress. populations. Regardless of where these de- Department concerned that those cases tainees are confined, I would appreciate your could be delayed to the point where those de- HOUSE OF REPRESENTATIVES, detailed response to the following questions: fendants have grounds for appeal? Washington, DC, March 13, 2009. 1. What steps has the Justice Department 12. The Moussaoui trial took a heavy toll Hon. ERIC H. HOLDER, Jr. taken to assure the security of the sur- on the prosecution team and I would be con- Attorney General, Department of Justice, rounding population if such violent combat- cerned that extended trials for numerous Washington DC. ants are confined and tried in urban areas? combatants could overwhelm the legal DEAR ATTORNEY GENERAL HOLDER: Presi- 2. What precautions will be taken to ensure staffs. Do you have a plan for addressing how dent Obama recently issued an executive that the detainees do not escape? prosecution teams will work? order to close the detention facility at Naval 3. Is the Obama administration concerned 13. Are you concerned about the safety of Station Guantanamo Bay, Cuba, and deci- that the presence of these detainees will in- the legal staff and the jurors who are as- sions must now be made regarding how and vite attacks from ideological followers in an signed to these cases and have steps been where to house the 250 suspected terrorists attempt to set them free and, if so, what pre- taken to ensure their safety and the safety and enemy combatants held there. cautions are being taken to prevent this sce- of their families? I was particularly concerned to read in the nario? 14. Has the Justice Department considered March 7 Washington Post that some of these 4. How will the detainees be transported to establishing a separate court similar to the detainees may be tried in and housed by the the courthouses? 5. What type of security cordon will be in FISA court where judges would be assigned United States District Court for the Eastern place if detainees are transported on local these cases on a rotating basis? District of Virginia (Eastern District of Vir- highways? 15. Has the Justice Department considered ginia) or the United States District Court for 6. Has the Justice Department considered consulting with military experts, U.S. Mar- the Southern District of New York. Their the traffic disruptions associated with road shals and other law enforcement officials be- presence so close to large civilian population closures around federal courthouses and fore determining the safest place to house centers raises serious questions of security local jails during the trials of these individ- these detainees? and logistics for any region forced to accept uals? 16. Have you consulted with the families of these detainees. 7. If the detainees are flown to any loca- the victims of 9/11 as well as the families of I do not—and would not—support the tion, will they use military or commercial the service members killed in Iraq and Af- transfer of any prisoners presently being de- airports? ghanistan as to how these detainees should tained at Guantanamo Bay to any facilities 8. If commercial airports are used, will ter- be prosecuted? If not, will you direct your in Virginia and have joined Virginia col- minals have to be evacuated to ensure secu- staff to do so? leagues Reps. Randy Forbes and Eric Cantor rity? 17. Will the Justice Department provide in introducing legislation (H.R. 1186) to pro- 9. What will be the security perimeter the Appropriations Committee with the hibit prisoners at the Guantanamo Bay de- around federal courthouses and will local costs for the security measures necessitated tention facility from being transferred to residents and businesses be forced to move or by the terrorism cases of the 1990s and the federal prisons or military bases in Virginia. close to ensure security? If so, for how long? Moussaoui case? I take seriously the responsibility of con- 10. Will Metrorail stations in close prox- 18. The Congress has received your FY 2009 gressional oversight, especially in matters imity to the U.S. Courthouse in Alexandria supplemental request, seeking $47 million for with national security implications. In 1998 I be closed? some ongoing DOJ activities. But the major- authored legislation that created the Na- 11. Will the Westin Hotel, approximately ity of the funding, $36.4 million, is for activi- tional Commission on Terrorism. Unfortu- 200 feet from the courthouse, and the Patent ties related to the closure of the Guanta- nately, it took the horrific events of Sep- and Trademark Office, approximately 250 namo detention facility. Can you tell the Ap- tember 11, 2001, for the recommendations of feet from the courthouse be evacuated? propriations Committee what exactly the de- the commission to be taken seriously. I have 12. Has the Justice Department considered partment is doing related to Guantanamo, traveled to Sudan five times and seen evi- the impact such detainees will have on local and what you are proposing to do in the fu- dence of the terrorist training camps used by prisons, such as the city jail in Alexandria, ture with the requested supplemental fund- Osama bin Laden in the 1990s. where federal defendants are often held dur- ing? The first bombing of the World Trade Cen- ing trial? 19. I understand that you have created ter in 1993 was treated as a routine criminal 13. Will prisoners in local jails have to be three task forces to implement the executive case by the Clinton administration when moved to provide a secure location for hous- orders regarding Guantanamo Bay. How there were clear indications from Sheik ing these combatants, and, if so, who will many individual detainee cases must be re- Omar Abdel-Rahman that terrorism was the bear the costs associated with their transfer? viewed and disposed of? intent of the bombing. 14. Will there be an extensive list of rules 20. Can you provide a list of possible out- Furthermore, the individuals currently at and regulations given to local and state offi- comes from these task forces, such as trans- Guantanamo Bay are members of the same cials regarding the housing and trial of these

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11435 suspects? If so, will a copy of the regulations PRAYER Mr. BARROW. Mr. Speaker, I rise be made available to state and local officials today to pay tribute to a special group as well as members of Congress? The Chaplain, the Reverend Daniel P. Coughlin, offered the following prayer: of young men who are making a dif- 15. Will state and local law enforcement of- ference by drawing attention to ficers be required to assist federal officials Eternal God and subsistence of all and will the federal government compensate life, though Your people walk in the Duchenne muscular dystrophy. DMD, those agencies for the use of those officers’ valley of darkness, they move and act which is usually detected in small chil- time? without fear, for You are with them. dren, is a debilitating and ultimately 16. What costs will be associated with the You lead us to restful pastures and fatal affliction, usually taking its vic- trial and what portion, if any, will be borne revive our downcast spirits, and You tims’ lives in their early 20s. by state and local governments? Darius Weems was diagnosed with 17. Has the Justice Department consulted give us comfort. Help us to be attentive to Your call DMD as a small child, and he will be 19 with the Defense Department regarding its years old later this year. His brother, ability or willingness to house these detain- and follow in faith, for You are our ees? hope and our strength. Mario, died at that age from the same 18. Do a set of protocols for transferring Anoint the leadership of this Nation disease. and housing these individuals exist, and, if with the oil of gladness and bring us to Because of his condition, Darius so, will you make it available to members of Your eternal banquet, where we will never left his hometown of Athens, Congress? dwell in Your house forever. Georgia, for the first 15 years of his 19. What discussions regarding these de- Amen. life. But just before Darius’ brother, tainees, if any, have administration officials Mario, died, Mario’s friend, Logan had with the commanders of the Naval Sta- f Smalley, made a promise to Mario to tion Brig in Norfolk, Virginia; the Marine Corps Base at Quantico, Virginia, or any THE JOURNAL look after Darius when Mario died. After Mario died, Logan did more than other military instillation in the contiguous The SPEAKER pro tempore. The that; he made Darius a star. United States, Alaska or Hawaii? Chair has examined the Journal of the 20. Has the administration or the Depart- Four years ago, Logan Smalley and last day’s proceedings and announces ment of Defense had any discussions with 10 other college friends decided to take Naval commanders regarding the possibility to the House his approval thereof. Darius on a road trip from Athens, of transferring detainees to U.S. Naval ves- Pursuant to clause 1, rule I, the Jour- Georgia, to , California. sels either in U.S. territorial or inter- nal stands approved. Along the way, they met people who national waters? f 21. Has the administration had any discus- shared Darius’ illness, and they docu- sions with the warden of the Administrative PLEDGE OF ALLEGIANCE mented handicap accessibility through- Maximum prison facility in Florence, Colo- out the country. Logan directed a doc- rado, regarding the difficulties surrounding The SPEAKER pro tempore. Will the umentary film of that trip, ‘‘Darius the housing of Zacharias Moussaoui and how gentleman from Louisiana (Mr. FLEM- Goes West,’’ starring Darius and the other prisons might be affected by housing ING) come forward and lead the House rest of the crew. similar detainees? in the Pledge of Allegiance. Today that documentary is on track 22. Has the administration had discussions Mr. FLEMING led the Pledge of Alle- to sell 1 million copies, with the lion’s with any of the detainees’ country of origin giance as follows: share of profits going to fight DMD. regarding their willingness to accept cus- I pledge allegiance to the Flag of the tody? I’m pleased to report that there is a United States of America, and to the Repub- While I understand that the Eastern Dis- copy of ‘‘’’ in every lic for which it stands, one nation under God, trict of Virginia and the Southern District of middle school and high school in the indivisible, with liberty and justice for all. New York have successfully held the only United States. trials to date of terror suspects, I remain ex- f DMD is not a contagious disease, but tremely concerned that adequate thought the sense of hope and purpose that COMMUNICATION FROM THE has not been given to the extensive security, Darius and his friends possess is infec- CLERK OF THE HOUSE financial and logistical costs associated with tious, and I’m proud to commend the transfer of any of these individuals to ci- The SPEAKER pro tempore laid be- Darius and the rest of the ‘‘Darius Goes vilian court districts. State and local offi- fore the House the following commu- cials, as well as the citizens of northern Vir- West’’ crew for their hard work, and for ginia, will face many challenges and dangers nication from the Clerk of the House of giving literally millions of people a with these combatants housed in the Eastern Representatives: reason to care. District of Virginia. HOUSE OF REPRESENTATIVES, f I look forward to receiving your responses Washington, DC, May 1, 2009. to these concerns. Best wishes. Hon. NANCY PELOSI, LOUISIANA STUDENTS OF THE Sincerely, Speaker, House of Representatives, YEAR FRANK R. WOLF, Washington, DC. (Mr. FLEMING asked and was given Member of Congress. DEAR MADAM SPEAKER: Pursuant to the permission granted in Clause 2(h) of Rule II permission to address the House for 1 f of the Rules of the U.S. House of Representa- minute.) tives, the Clerk received the following mes- Mr. FLEMING. Mr. Speaker, I rise RECESS sage from the Secretary of the Senate on today to congratulate three out- The SPEAKER pro tempore. Pursu- May 1, 2009, at 10:04 a.m.: standing students from my district. ant to clause 12(a) of rule I, the Chair That the Senate passed S. 615. Randi Layne Adams of South Beau- That the Senate agreed to without amend- regard Elementary in Beauregard Par- declares the House in recess until 2 ment H. Con. Res. 104. p.m. today. ish was named student of the year. She Appointments: is actively involved in 4–H and commu- Accordingly (at 12 o’clock and 36 Commission to Study the Potential Cre- minutes p.m.), the House stood in re- ation of a National Museum of the American nity service projects, including efforts cess until 2 p.m. Latino targeted at recycling and gardening. With best wished, I am, Henri Lin, an eighth grader at Caddo f Sincerely, Middle Magnet, was named student of LORRAINE C. MILLER, the year. Henri is on the staff of his b 1400 Clerk of the House. school newspaper, serves on the stu- f dent council, is a member of the Build- AFTER RECESS ers Club, takes advanced piano and The recess having expired, the House DARIUS GOES WEST competed with the 2009 U.S. Junior was called to order by the Speaker pro (Mr. BARROW asked and was given Olympics fencing team. tempore (Mr. LARSEN of Washington) permission to address the House for 1 Nicholas Allen Taylor, a senior at at 2 p.m. minute.) Byrd Math and Science Magnet High

VerDate Mar 15 2010 09:34 Sep 01, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11436 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 School, was named student of the year RELEASING TERRORISTS FROM INSIDIOUS TAX also. Nicholas is captain of Byrd’s Quiz GUANTANAMO BAY (Mr. GOHMERT asked and was given Bowl team, a member of the Mu Alpha (Mr. WOLF asked and was given per- permission to address the House for 1 Theta math honor society, and a mem- mission to address the House for 1 minute.) ber of the lacrosse team. minute and to revise and extend his re- Mr. GOHMERT. Mr. Speaker, you All three demonstrated outstanding marks.) know, there is an insidious tax out academic leadership and communica- Mr. WOLF. Mr. Speaker, the Mem- there, insidious because we tell the tion skills and have bright futures American people that they are not ahead of them. Congratulations to all bers of this institution ought to know that this administration and the Jus- going to have to pay it, that we are of them on this outstanding accom- going to put it on the greedy corpora- plishment. tice Department may be very close to releasing terrorists from Guantanamo tions. f Bay, the Uyghurs, out into the public, Well, how do you think a corporation SUPPORT MORTGAGE REFORM out around the country. And we are stays in business if it doesn’t pass that (Mr. BACA asked and was given per- calling on the Justice Department to on to the people, and they don’t real- mission to address the House for 1 release any of the memos with regard ize, they think somebody else is pay- minute.) to who these people are on individual ing, and yet it comes right back to Mr. BACA. Mr. Speaker, I stand in cases. If they were members of a ter- their feet? support of H.R. 1728, the Mortgage Re- rorist group, I believe the American Some of us talked to CEOs of indus- form and Anti-Predatory Lending Act. people need to know. tries that moved from here to China. This bill will ensure that mortgage This administration and Justice se- Why did you move? I thought maybe lenders make loans that benefit con- lectively released memos but will not the number one answer would be be- sumers and prohibit them from steer- tell the full story. So I urge all Mem- cause of labor being cheaper. They said ing the borrowers into high cost loans, bers, unless you want them, these the best labor in the world is right here and we know what an impact it has had Uyghurs, terrorists from Guantanamo in the United States, but corporate on our Nation and many individuals Bay, to move to your neighborhood, taxes are less than half of what they who have lost their homes. In addition, ask Attorney General Eric Holder, re- are here in the United States, 17 per- this bill encourages the market to lease all this classified information so cent there, 35 percent here. move back towards making fixed-rate, the American people can know what we Now we are told today by the admin- fully documented loans. are about ready to face. istration they are going to hire hun- This legislation also prevents preda- dreds of new IRS agents. Well, as JOHN tory and abusive lending practices, f FLEMING said this morning, now we holds creditors responsible for loans know what it means by green jobs. they originated and protects tenants ANNOUNCEMENT BY THE SPEAKER They are going after your green. who rent homes that go into fore- PRO TEMPORE f closure. I ask you to support this legislation The SPEAKER pro tempore. Persons ANNOUNCEMENT BY THE SPEAKER on behalf of those that are right now in the gallery are not to express ap- PRO TEMPORE on the verge of losing their homes and proval or disapproval of speeches on The SPEAKER pro tempore. Pursu- protect those tenants. the floor. ant to clause 8 of rule XX, the Chair f will postpone further proceedings f today on motions to suspend the rules CONGRATULATING ARKANSAS on which a recorded vote or the yeas TECH UNIVERSITY ON ITS CEN- ENFORCE IMMIGRATION LAWS and nays are ordered, or on which the TENNIAL ANNIVERSARY (Mr. SMITH of Texas asked and was vote incurs objection under clause 6 of (Mr. BOOZMAN asked and was given given permission to address the House rule XX. permission to address the House for 1 for 1 minute and to revise and extend Record votes on postponed questions minute and to revise and extend his re- his remarks.) will be taken after 6:30 p.m. today. marks.) Mr. SMITH of Texas. Mr. Speaker, f Mr. BOOZMAN. Mr. Speaker, I rise when Arizona Governor Janet Napoli- today to congratulate Arkansas Tech RECOGNIZING THE SIGNIFICANCE tano was nominated to be Homeland OF CINCO DE MAYO University on 100 years of academic ex- Security Secretary, her record showed cellence. that she often opposed enforcing immi- Mr. PAYNE. Mr. Speaker, I move to Arkansas Tech University was origi- gration laws. So it’s not entirely a sur- suspend the rules and agree to the reso- nally established as a Second District prise that she recently told CNN’s John lution (H. Res. 230) recognizing the his- Agricultural College by the State legis- King that illegally ‘‘crossing the bor- torical significance of the Mexican hol- lature and one of four State agricul- der is not a crime per se. It is civil.’’ iday of Cinco de Mayo, as amended. tural schools in 1909. Arkansas Tech The Clerk read the title of the resolu- University is now one of the fastest- That’s just plain wrong. It is a violation of the criminal code tion. growing universities in the State of Ar- The text of the resolution is as fol- to enter our country illegally. The law kansas and has established a reputa- lows: tion as a school that truly serves the has been in effect for decades, and it has been codified in its current form H. RES. 230 Nation. Whereas May 5, or Cinco de Mayo in Span- It is said that an education from Ar- since 1991. The Obama administration appar- ish, is celebrated each year as a date of great kansas Tech University is the best of importance by the Mexican and Mexican- both worlds, big time technology and ently doesn’t intend to enforce some of American communities; an education in a friendly, small-town our immigration laws. There are nu- Whereas the Cinco de Mayo holiday com- setting. merous examples, such as delays in im- memorates May 5, 1862, the date on which The school excels in exposing its stu- plementing a requirement that Federal the Battle of Puebla was fought by Mexicans dents to the technology of tomorrow contractors use E-Verify to ensure that who were struggling for their independence and better preparing students for fu- illegal immigrants don’t get Federal and freedom; ture endeavors. An excellent faculty jobs. Whereas Cinco de Mayo has become one of It’s hard to believe that this adminis- Mexico’s most famous national holidays and and staff provide an outstanding edu- is celebrated annually by nearly all Mexi- cation and educational opportunities. tration is not only weak when it comes cans and Mexican-Americans, north and I am proud to support this fine insti- to enforcing immigration laws, but south of the United States-Mexico border; tution and look forward to the next 100 also ignorant of immigration laws Whereas the Battle of Puebla was but one years of academic excellence. themselves. of the many battles that the courageous

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11437 Mexican people won in their long and brave There was no objection. and experiences. Through efforts like struggle for independence and freedom; Mr. PAYNE. Mr. Speaker, I rise in the Merida Initiative and NAFTA, Whereas the French, confident that their strong support of this resolution and these ties continue to grow—only battle-seasoned troops were far superior to yield myself as much time as I may stronger. the almost amateurish Mexican forces, ex- Our mutual commitment to democ- pected little or no opposition from the Mexi- consume. can army; Let me begin by thanking our col- racy and security in the region will Whereas the French army, which had not league from the great State of Cali- prove increasingly important as some experienced defeat against any of Europe’s fornia, JOE BACA, for introducing this in the hemisphere work to advance finest troops in over half a century, sus- resolution. their illicit agendas. Already, we have tained a disastrous loss at the hands of an H. Res. 230 recognizes the historical seen the transnational impact of the outnumbered, ill-equipped, and ragged, but struggle for independence and freedom drug cartels and organized crime highly spirited and courageous, Mexican of the Mexican people and requests groups operating in Mexico. Joint ef- force; that the President issue a proclama- forts by our countries to thwart crimi- Whereas after three bloody assaults upon nal activities within Mexico have sent Puebla in which over a thousand gallant tion recognizing that struggle and the Frenchmen lost their lives, the French importance of Cinco de Mayo. This is a these criminals north into the United troops were finally defeated and driven back celebration we should all join in. States and south into Central America. by the outnumbered Mexican troops; Cinco de Mayo commemorates May 5, We must continue to work with our Whereas the courageous and heroic spirit 1862, on which the Battle of Puebla was democratic partners and allies to that Mexican General Zaragoza and his men fought by Mexicans who were strug- present a united front against those displayed during this historic battle can gling for their independence and free- who pose a threat to U.S. interests, se- never be forgotten; dom, along with their comrades and curity, and values. Whereas many brave Mexicans willingly So, as many throughout the United gave their lives for the causes of justice and against the French soldiers. This is a celebration of the virtues, States and Mexico celebrate Cinco de freedom in the Battle of Puebla on Cinco de Mayo this week, I hope that they are Mayo; courage and patriotism of all Mexicans reminded not only of Mexico’s proud Whereas the sacrifice of the Mexican fight- and a point of pride for Mexican Ameri- past, but also of her ongoing shared ers was instrumental in keeping Mexico from cans, who have fought for freedom commitment to independence, democ- falling under European domination; against foreign forces. Cinco de Mayo racy, and security. Whereas the Cinco de Mayo holiday is not has become one of Mexico’s most fa- only the commemoration of the rout of the I thank Congressman BACA for intro- French troops at the town of Puebla in Mex- mous national holidays. It is a unique ducing this timely resolution. ico, but is also a celebration of the virtues of reminder that both Mexicans and Mexi- I reserve the balance of my time. individual courage and patriotism of all can Americans, north and south of the Mr. PAYNE. I yield 5 minutes to the Mexicans and Mexican-Americans who have United States-Mexico border, observe sponsor of the resolution, the gen- fought for freedom and independence against in honor. tleman from California (Mr. BACA). foreign aggressors; Grand celebrations take place in cit- Mr. BACA. First of all, I would like Whereas Cinco de Mayo serves as a re- ies and towns all across the United to thank the Congressman from New minder that the foundation of the United States of America, the biggest being in States is built by people from many nations Jersey for his leadership on bringing and diverse cultures who are willing to fight western and southwestern cities such this resolution, and also as the chair of and die for freedom; as Los Angeles. Festivities often in- the Subcommittee on Africa. I would Whereas Cinco de Mayo also serves as a re- clude sporting events, parades, mari- like to thank the gentleman from Ar- minder of the close spiritual and economic achi music, Mexican food and dancing. kansas for bringing up the resolution ties between the people of Mexico and the Sometimes the celebration goes on for that is important to a lot of us. Also, I people of the United States, and is especially weeks. would like to thank the ranking mem- important for the people of the southwestern bers; the ranking member of the For- States where millions of Mexicans and Mexi- b 1415 eign Affairs Committee, HOWARD BER- can-Americans make their homes; In a larger sense, Cinco de Mayo Whereas in a larger sense Cinco de Mayo MAN, and then, of course, Ms. ROS- serves as a reminder to all Americans LEHTINEN, as well, for their leadership symbolizes the right of a free people to self- that the foundation of our great coun- determination, just as Benito Juarez once and support in bringing this bipartisan said, ‘‘El respeto al derecho ajeno es la paz’’ try was built by people from many na- effort to the floor. (‘‘The respect of other people’s rights is tions with diverse cultural back- I rise today in support of H. Res. 230, peace’’); and grounds who were willing to fight and a resolution recognizing the historical Whereas many people celebrate during the to die for their freedom. significance of the Mexican holiday of entire week in which Cinco de Mayo falls: Cinco de Mayo can be understood Cinco de Mayo. This resolution recog- Now, therefore, be it both as a moment to celebrate the sig- nizes the Cinco de Mayo holiday, which Resolved, That the House of Representa- nificant Mexican roots that have grown tives recognizes the historical struggle for honors the spirit and the courage of independence and freedom of the Mexican in the United States, as well as to sym- the Mexican people involved in the people and requests the President to issue a bolize more generally the right of all Battle of Puebla on May 5, 1862. proclamation recognizing that struggle and people to self-determination. It was a In that battle, General Ignacio the importance of Cinco de Mayo. valiant struggle. They fought bril- Zaragoza led the Mexican forces The SPEAKER pro tempore. Pursu- liantly. We urge our colleagues to sup- against the well-trained French Army, ant to the rule, the gentleman from port this resolution. which vastly outnumbered the Mexi- New Jersey (Mr. PAYNE) and the gen- Mr. Speaker, I certainly at this time cans. After only 4 hours, General tleman from Arkansas (Mr. BOOZMAN) reserve the balance of my time. Ignacio Zaragoza was able to claim vic- each will control 20 minutes. MR. BOOZMAN. Mr. Speaker, I yield tory. As a result of General Zaragoza’s The Chair recognizes the gentleman myself such time as I may consume. tremendous victory, the French foreign from New Jersey. This Tuesday marks Cinco de Mayo, forces sustained heavy losses and were GENERAL LEAVE a regional holiday in Mexico that com- forced to withdraw from the area. Mr. PAYNE. Mr. Speaker, I ask memorates Mexico’s unlikely defeat of Along with Mexican Independence unanimous consent that all Members French forces at the Battle of Puebla Day on September 16, Cinco de Mayo may have 5 legislative days to revise on May 5, 1862. For generations, how- has become a time to celebrate Mexi- and extend their remarks and include ever, Cinco de Mayo has also been rec- can heritage and culture with pride and extraneous material on the resolution ognized throughout the United States. dignity. While Cinco de Mayo com- under consideration The strong ties between our two na- memorates the Mexican Army’s vic- The SPEAKER pro tempore. Is there tions are demonstrated around the tory over the French in this battle, it objection to the request of the gen- country as family and friends join to- was one of many battles that the Mexi- tleman from New Jersey? gether to celebrate Mexico’s culture can people won in the long and brave

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11438 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 struggle for independence and freedom. My colleagues and I in the Congres- For the people of Mexico, Cinco de And this is what they fight for today in sional Hispanic Caucus share a com- Mayo is an important symbol of free- comprehensive immigration. mon purpose—working to break down dom, liberty, and self-determination. Today, Cinco de Mayo is celebrated those walls and increase opportunities In our country, Cinco de Mayo is a not only in recognition of the defeat of in areas such as education and health celebration of the rich history and cul- the French Army, but it also celebrates care so that we all have equity, regard- ture that Mexican Americans have the virtues of individual courage and less of who we are, where we come brought to the United States. patriotism of all Mexican Americans— from, for that same kind of justice and Hispanics are the fastest-growing mi- all Mexicans who have fought for their equality. nority group in the United States. freedom and independence. Today, we This past February, I was proud to There are 30 Hispanic Members of Con- will also celebrate Cinco de Mayo in give my support to the Recovery Act. gress, including many Mexican Ameri- the White House with President As a great number of Hispanic families, cans, representing constituencies from Obama. as well as many other families, are all around the country. However, it also serves as a reminder struggling mightily during this reces- Tomorrow, millions of Americans to all of the wonderful culture and sion, this act helps to create jobs for will join our neighbors to the south in characteristics that Latinos have millions of Americans, invest in health celebrating Cinco de Mayo. This day brought to this country. I am an exam- care, education, and energy. serves as an important reminder of ple in terms of what I am wearing right The SPEAKER pro tempore. The Mexico’s proud history and of the now. time of the gentleman has expired. many contributions that Mexican Latinos are the fastest-growing mi- Mr. PAYNE. I yield the gentleman 1 Americans have made to this country. nority population in this country, ac- additional minute I urge my colleagues to help recog- counting for over 45 million people—49 Mr. BACA. With that, I say let’s sup- nize Cinco de Mayo, and to support million, if you include Puerto Rico. It port H. Res. 230, and ask for your sup- House Resolution 230. represents about 17 percent of the total port. Mr. BOOZMAN. I continue to reserve population. Mr. BOOZMAN. I continue to reserve the balance of my time. The contributions made by Latinos the balance of my time. Mr. PAYNE. At this time I yield 10 to our American culture are count- Mr. PAYNE. I yield 3 minutes to the minutes to the gentleman from Amer- less—ranging from business, to art, to gentlewoman from California (Ms. ican Samoa (Mr. FALEOMAVAEGA). sports, to science, you name it. You see WATSON). Mr. FALEOMAVAEGA. I do want to all kinds of figures everywhere around Ms. WATSON. Mr. Speaker, I rise in thank my good friend and colleague, the United States. the gentleman from New Jersey, as our Latinos have fought hard and are support of House Resolution 230, intro- distinguished chairman also of our willing to make the ultimate sacrifice duced by my good friend and colleague, for this country. They have fought in Representative JOE BACA, to recognize House Foreign Affairs Subcommittee every major war since the Revolu- the historical significance of the wide- on Africa and Global Health. Mr. Speaker, I rise today in support tionary War. You have seen them fight ly celebrated Mexican holiday, Cinco for this country. de Mayo. of House Resolution 230, to recognize We have served with honor to defend On May 5, 1862, while outnumbered the historical significance of the Mexi- this great country, and we will do that almost two to one at the Battle of can history of Cinco de Mayo. I com- because we believe in it. That is why Puebla, Mexican General Ignacio mend my colleague, the gentleman people come to the United States—for Zaragoza Seguin led the Mexican Army from California, for introducing this the freedom that we have. and defeated a much larger and well- legislation, as it truly does serve as a Today, there are 30 Latino Members equipped French Army that had not reminder that all the people of our in the —bipar- been defeated in nearly five decades. great Nation, regardless of their race, tisan. Also, we have Secretary Ken The battle would also prove to be sig- color, or even gender, have enriched Salazar at the Department of the Inte- nificant because this would mark the our diversity in our cultures and are rior, and Secretary Hilda Solis at the last time an army from a foreign coun- worthy of respect as a Nation. Department of Labor, who are both of try invaded the Americas. Mr. Speaker, Cinco de Mayo com- Latino origin. This number points to As many of you know, this holiday is memorates the battle of Puebla. On what a driving force Latino commu- not only commemorated in the United May 5, 1862, outnumbered and nities have become in our country eco- States and Mexico, but brings together outgunned Mexican forces, determined nomically, socially, and politically. cultures from all over the world to join to protect their land, successfully de- Cinco de Mayo also serves as a re- in the celebration—even people in far- fended the town of Puebla against minder of our wonderful and long- away lands such as the Island of Malta French soldiers and its transferred standing relationship with our great in the Mediterranean join in this fes- ruler by the name of Ferdinand Maxi- neighbors to the south. Last year, over tival. milian, who was an archduke from Aus- $367.5 billion of goods were traded be- The holiday is a chance for us to set tria and a puppet of Emperor Napoleon tween the United States and Mexico. aside our differences and support the III of France. That makes Mexico our Nation’s third Mexican people for the bravery shown For Mexico, this day has come to rep- leading trading partner. by those men who fought at the Battle resent a symbol of Mexican unity and Cinco de Mayo provides us with a of Puebla 147 years ago. patriotism in the history of Mexico. It great opportunity to look back at our I ask my colleagues to join me in rec- is a celebration of the virtues of indi- own heritage as Americans—and I say ognizing the historical significance of vidual courage and patriotism of all as Americans. Our ancestors all came Cinco de Mayo and the bravery shown Mexicans and Mexican Americans from diverse cultures and different that day in 1862. whose ancestors are from Mexico and homelands. Yet, they banded together Mr. BOOZMAN. I continue to reserve are part of the rich diversity of our Na- to fight against oppression and tyr- the balance of my time. tion. anny, helping to form this great coun- Mr. PAYNE. It is my pleasure to It also serves as a reminder of the try that we have today. yield 1 minute to the gentleman from cultural, spiritual, and economic ties While Latino culture has come a long Puerto Rico (Mr. PIERLUISI). between the people of Mexico and our way, we all must come together to Mr. PIERLUISI. I rise today in great country. make sure we recognize the inequities strong support of House Resolution 230, Mr. Speaker, I want to share with my that exist right now in our commu- which has been introduced by my colleagues the life and history of a par- nities, and that we deal with social and friend and colleague, Mr. BACA, and ticular leader who, in my humble opin- economic disadvantage that affect a recognizes the historical significance ion, is the greatest hero in Mexico’s lot of us. of Cinco de Mayo. history—a true statesman whose name

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11439 is inextricably linked with the name their cause, President Juarez jailed the As Mr. Fareed Zakaria affirms in his acclaimed Cinco de Mayo. His name is Don Benito man for 30 days before sending him book, The Post-American World: Juarez, President of Mexico from 1862 away, a clear sign of support for Presi- Foreign students and immigrants account to 1863, and 1867 to 1872. dent Lincoln’s cause at the time. for almost 50 percent of all science research- ers in [our] country. In 2006 they received 40 b 1430 Mr. Speaker, today, the United States and Mexico share close ties. We percent of all PhDs. By 2010, 75 percent of all President Juarez led the Mexican also share the ideals of freedom and de- science PhDs in [our] country will be award- people in their fight for independence mocracy. Because of our shared values ed to foreign students. When these graduates settle in the country, they create economic during this crucial period of their his- and the tremendous contributions tory. President Juarez was the first opportunity. Half of all Silicon Valley start- made by Mexican Americans, I think it ups have one founder who is an immigrant or Mexican President of indigenous Indian is fitting and most proper for us in first generation American. The potential for descent—indigenous Indian descent. Congress to recognize the historical a new burst of American productivity de- His parents were members of the struggle of the Mexican people for pends not on our education system or R&D Zapotec tribe, prevalent in the prov- independence against French colonial spending, but on our immigration policies. inces of the State of Oaxaca in Mexico. rule. Immigrants are America’s great strength. If An orphan at age 3, young Benito It is ironic, Mr. Speaker, that we we remain true to our history; if we remain the Juarez worked in the cornfields and as have the gentleman by the name of La- most open and flexible society the world; if we a shepherd until the age of 12. When he fayette whose portrait is right over continue to absorb cultures, devour ideas and went to Oaxaca City at the age of 13 to here who came here as a French patriot feed off the energy of poor immigrants we will attend school, he could not read, could to help us fight against British colo- thrive. This is America’s genius. not write or couldn’t even speak Span- nialism, and the only foreigner here Hispanics are another great chapter in the ish. He was adopted by lay members of with the patriot right next to our larger history of our immigrant country. They the Franciscan Order who taught the Founding Father, George Washington. make America more American. young Juarez reading, writing, arith- It is ironic that in the history of Mex- I urge my colleagues to support this impor- metic and Spanish grammar. He later ico, Napoleon, being the ruler that he tant resolution. entered the Franciscan seminary in was, sent Maximilian to continue Ms. JACKSON-LEE of Texas. Mr. Speaker; Oaxaca and studied Aquinas and other French colonial rule in Mexico, and so I rise today in support of H. Res. 230 ‘‘Recog- great Catholic philosophers, eventually now we had to kick the French out in nizing the historical significance of the Mexi- turning his attention instead to the order to give the Mexican people their can holiday of Cinco de Mayo’’ and I would study of law. President Juarez was edu- freedom. like to thank my colleague Representative cated in the law in preparation for a Again I thank the gentleman from BACA for introducing this resolution in the political career. California, former chairman of the House. Mr. Speaker, in his first political po- Congressional Hispanic Caucus, my May 5, or Cinco de Mayo in Spanish, is sition as a city councilman, he was good friend, for his leadership and ini- celebrated each year as a date of great impor- noted as a strong defender of indige- tiative for introducing this bill. tance by the Mexican and Mexican-American nous Indian rights. He participated in I urge my colleagues to support this communities. This holiday commemorates the revolutionary overthrow of Santa legislation. May 5, 1862, the date on which the Battle of Anna in 1855, becoming the minister of Mr. LARSON of Connecticut. Mr. Speaker, I Puebla was fought. However, Cinco de Mayo justice and instituting reforms that rise today in strong support of H. Res. 230, is not ‘‘an obligatory federal holiday’’ in Mex- were embodied in the constitution of resolution honoring the significance and im- ico, but rather a holiday that can be observed 1857. During the Reform War of 1858 to pact of Cinco de Mayo. I would like to begin voluntarily. 1861, President Juarez led the liberals by applauding the efforts and leadership of the Cinco de Mayo has become one of Mexico’s against the conservative faction of author of the resolution, Congressman JOE most famous national holidays and is cele- Mexico’s Government. The liberals suc- BACA, as well as the rest of my colleagues in brated annually by many Mexicans and Mexi- ceeded only through popular support the Congressional Hispanic Caucus for bring- can-Americans, north and south of the United and the unwavering determination of ing this bill before us today. States-Mexico border. In the United States, President Juarez, and he was elected Mr. Speaker, since 1862 the holiday has tra- Cinco de Mayo has taken on significance be- President in 1861. ditionally commemorated the victory of a poor- yond that in Mexico. The date is perhaps best Mr. Speaker, to fully understand the ly armed Mexican militia over a larger, better recognized in the United States as a date to quality of the leadership of Mexico at equipped French army at the Battle of Puebla. celebrate the culture and experiences of the time in the person of President Don Today, however, Cinco de Mayo in the United Americans of Mexican ancestry, much as St. Benito Juarez, one can compare him States has become a celebration of Hispanic Patrick’s Day, Oktoberfest, and the Chinese to, arguably perhaps, the greatest heritage not unlike Saint Patrick’s Day for New Year are used to celebrate those of Irish, President in our own country’s history, Irish-Americans. German, and Chinese ancestry respectively. President Abraham Lincoln. Both lead- To be sure, Mr. Speaker, Irish-Americans Similar to those holidays, Cinco de Mayo is ers, in fact, presided over their coun- and Hispanic-Americans have much in com- observed by many Americans regardless of tries in times of crisis, demonstrating mon. We are bound together by Catholic, ethnic origin. great courage and perseverance in the working-class experiences. Our relatives came Cinco de Mayo is a regional holiday in Mex- fight for freedom. Both grew up in pov- and continue to come to this country from ico, primarily celebrated in the state of Puebla, erty and studied law. Both fought largely rural, uneducated backgrounds. Our with some limited recognition in other parts of against bigotry and racism. In fact, struggles were, are and continue to be twin Mexico. The holiday commemorates the Mexi- President Lincoln and President Juarez struggles for equality, as well as political and can army’s unlikely defeat of French forces at were contemporaries who held each cultural recognition. the Battle of Puebla on May 5, 1862, under other in high regard. In fact, in 1858, From Bernardo de Ga´lvez to Admiral David the leadership of Mexican General Ignacio upon hearing of Juarez’s struggles in Farragut to Ce´sar Cha´vez, Hispanic-Ameri- Zaragoza Seguı´n. Mexico, President Lincoln sent him an cans have made significant contributions to Cinco de Mayo’s history has its roots in the encouraging message expressing hope the development of our nation. In just the last French Occupation of Mexico. The French oc- ‘‘for the liberty of your government election, Latinos represented 9 percent of the cupation took shape in the aftermath of the and its people.’’ Even in the midst of electorate and provided the margin of victory Mexican-American War of 1846–48. With this our own Civil War, President Lincoln in large swaths of the country, voting for Presi- war, Mexico entered a period of national crisis provided arms and munitions to Presi- dent Obama by a margin larger than 2-to-1. during the 1850’s. Years of not only fighting dent Juarez to support the Mexican And because Hispanics constitute the ma- the Americans but also a civil war, had left people in their fight against France. jority of our nation’s newest Americans, Mexico devastated and bankrupt. On July 17, When the U.S. Confederacy sent an em- Madam Speaker, I cannot speak here without 1861, President Benito Juarez issued a mora- issary to Mexico to enlist support for at least mentioning the subject of immigration. torium in which all foreign debt payments

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 9920 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11440 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 would be suspended for a brief period of two sacrifice, and devotion to the right of self-ter- of Cinco de Mayo, a day on which we cele- years, with the promise that after this period, mination. brate the Mexican army’s unlikely victory over payments would resume. But as we also know, the day transcends a French forces at the Battle of Puebla on May The English, Spanish and French refused to single battle at the City of Puebla, where, 5, 1862. While the Mexicans were out- allow President Juarez to do this, and instead many years ago, Mexican forces defeated a numbered, they defeated a well-equipped decided to invade Mexico and get payments far more advanced and well-equipped military French Army that had been undefeated for al- by whatever means necessary. The Spanish force. most 50 years. The holiday of Cinco de Mayo and English eventually withdrew, but the For Americans, the holiday has come to is mainly a regional celebration in Mexico, French refused to leave. Their intention was to symbolize the rich and diverse experience of while for Mexican Americans it represents her- create an Empire in Mexico under Napoleon Mexicans and Mexican-Americans. It is a day itage and pride. III. on which we celebrate the rich and varied Hispanics are the fastest growing minority The French, confident that their battle-sea- contributions of Americans of Mexican ances- community in our Nation. In 2007, the His- soned troops were far superior to the almost try to the history, culture, and progress of the panic population in the United States reached amateurish Mexican forces, expected little or United States. over 45 million, 13.2 million of whom live in no opposition from the Mexican army. The Whether you celebrate the day by watching California, and it continues to rise. Hispanics French army, which had not experienced de- a mariachi performance on the National Mall, now own a record number of small busi- feat against any of Europe’s finest troops in or by listening to a lecture on the activism of nesses, creating millions of jobs across our over half a century, sustained a disastrous Ce´sar Cha´vez, or by simply going to a back- country. loss at the hands of an outnumbered, ill- yard barbecue with your family and friends, This Cinco de Mayo, let us thank the mem- equipped, and ragged, but highly spirited and you know that this holiday is, at its essence, bers of our Latino community for their impor- courageous, Mexican force. an American holiday. tant contributions to American culture and so- After three bloody assaults upon Puebla in In my home state of California, in fact, ciety. Please join me in celebrating Cinco de which over a thousand gallant Frenchmen lost Americans have been celebrating this day as Mayo and appreciating the values, traditions, their lives, the French troops were finally de- far back as 1863, just one year after the his- and contributions of Mexican Americans. feated and driven back by the outnumbered toric Battle of Puebla. Ms. ROYBAL-ALLARD. Mr. Speaker, I rise Mexican troops. Although the Mexican army Thus as we commemorate this day, let us today in strong support of H. Res. 230, a bill was victorious over the French at Puebla, the honor our brothers and sisters who have con- recognizing the significance of Cinco de Mayo. victory only delayed the French invasion on tributed to the rich diversity of the United This day holds special meaning for me as it Mexico City; a year later, the French occupied States. Let us remember that this diversity, far does for millions of other Mexican Americans Mexico. The courageous and heroic spirit that from being a recent phenomenon, or a distinct and it provides a wonderful opportunity to re- Mexican General Zaragoza and his men dis- chapter in American history, has been with us flect on the innumerable contributions that played during this historic battle can never be since our Nation’s founding, and has enriched generations of Mexican Americans have made forgotten. our country throughout each and every chap- to our national life. While Cinco de Mayo has limited signifi- ter of our history. Let us continue to celebrate On Cinco de Mayo, we celebrate the valor cance nationwide in Mexico, the date is ob- this diversity, and recognize that it will con- of a small contingent of Mexican patriots who served in the United States and other loca- tinue to be the great blessing and strength of prevailed against a much larger French army tions around the world as a celebration of our country. in the Battle of Puebla. Just as in our own Mexican heritage and pride. However, a com- Mr. GENE GREEN of Texas. Mr. Speaker, fight for independence, they triumphed despite mon misconception in the United States is that I rise today to show my support for H. Res. overwhelming odds. Indeed, like Lexington Cinco de Mayo is Mexico’s Independence 230. and Concord, Puebla marks a significant vic- Day, which actually is September 16, the most This resolution recognizes the historical sig- tory in the struggle for liberty in the New important national patriotic holiday in Mexico. nificance of the Mexican holiday of Cinco de World. The Cinco de Mayo holiday is not only the Mayo. Today Cinco de Mayo has evolved into a commemoration of the rout of the French On May 5, 1862, untrained, outnumbered, day to celebrate our Mexican American culture troops at the town of Puebla in Mexico, but is and outgunned Mexican forces—determined to and the immeasurable ways in which Mexican also a celebration of the virtues of individual protect their land—successfully defended the Americans have shaped this country. Through courage and patriotism, which all Americans town of Puebla against the French. Against music, literature and cuisine, we have en- can appreciate. Cinco de Mayo also serves as overwhelming odds, they managed to drive riched the American melting pot. Through an a reminder of the close spiritual and economic back the invading French army, achieving a entrepreneurial spirit, Mexican American small ties between the people of Mexico and the total victory over soldiers deemed among the businesses are playing a critical role in our people of the United States, and is especially best trained and equipped in the world and economic recovery. Our men and women on important for the people of the southwestern embarking the end of the European domina- the battlefield are helping to secure lasting States where millions of Mexicans and Mexi- tion in America. peace in Iraq and Afghanistan. As CEOs, reli- can-Americans make their homes. In a larger General Ignacio Zaragoza Seguı´n led the gious leaders, cabinet secretaries and Mem- sense Cinco de Mayo symbolizes the right of Mexican Army at the Battle of Puebla. He was bers of Congress, we are providing leadership a free people to self-determination and should born in la Bahı´a del Espı´ritu Santo, in what in the face of unprecedented challenges both be recognized and honored by this Congress. was then the Mexican state of Coahuila y at home and abroad. Mr. CALVERT. Mr. Speaker, as a native of Tejas, now the city of Goliad, Texas, in the Finally, Mexico is among our most important , Cinco de Mayo celebra- United States. A Statue of General Zaragoza allies and this day offers us the chance to re- tions have been a part of my life as long as now stands in San Agustin Plaza in the down- affirm that friendship. As our neighbors to the I can remember. It is a day to celebrate our town historic district of Laredo, Texas. south fight drug cartels and the H1N1 flu virus, southern neighbors and the cause of Mexican Although the Mexican army was eventually we should pause to consider what more we independence. The historic battle at Puebla, defeated, the Battle of Puebla has come to can do to aid the Mexican people. Just as Mexico on the fifth of May, 1862, is a David represent a symbol of Mexican unity and patri- they did on Cinco de Mayo 1862, they are versus Goliath story that demonstrates that otism in the history of Mexico. waging a courageous battle against forces that man can overcome any obstacle in the pursuit I am honored to celebrate this important day seek to undermine their democratic society of freedom. On Cinco de Mayo we remember in Mexican history and to lend my support to and just as on that famous date, I am con- the brave stand at Puebla and we celebrate this resolution. fident that Mexico will emerge a stronger and the cause of freedom around the world. Mr. HONDA. Mr. Speaker, I rise today to more prosperous nation. Ms. LEE of California. Mr. Speaker, I rise celebrate Cinco de Mayo, a day that rep- Mr. BOOZMAN. I want to thank Mr. today in support of the resolution honoring the resents freedom, liberty and determination for BACA for bringing this forward, and I historical significance of Cinco de Mayo. the people of Mexico and Mexican Americans. urge my colleagues to support it, and I This holiday, as we all know, recognizes H. Res. 230, a resolution introduced by my yield back the balance of my time. Mexico’s remarkable defense against foreign friend Congressman JOE BACA, recognizes the Mr. PAYNE. I yield back the balance intervention, a feat marked by great courage, historical significance of the Mexican holiday of my time.

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11441 The SPEAKER pro tempore. The Whereas Iran, which rejects Israel’s right an impressive record for a country of question is on the motion offered by to exist as a nation, is a continued threat to barely 7 million people. the gentleman from New Jersey (Mr. Israel’s safety and security, both through its Since Israel’s founding, the United support of terrorist groups like Hamas and PAYNE) that the House suspend the States has had no greater friend in the Hezbollah and through its ongoing efforts to rules and agree to the resolution, H. acquire nuclear weapons; Middle East. The close bond is based on Res. 230, as amended. Whereas the United States and Israel enjoy shared values, including a commitment The question was taken. a strategic partnership based on shared to democracy and respect for human The SPEAKER pro tempore. In the democratic values, friendship, and respect; rights. The United States and Israel opinion of the Chair, two-thirds being Whereas the people of the United States also share a common history as a na- in the affirmative, the ayes have it. share an affinity with the people of Israel tion of immigrants, many of whom fled Mr. PAYNE. Mr. Speaker, on that I and view Israel as a strong and trusted ally; persecution from other parts of the demand the yeas and nays. Whereas Israel has made significant global world. The United States and Israel contributions in the fields of science, medi- The yeas and nays were ordered. have worked to welcome people in The SPEAKER pro tempore. Pursu- cine, and technology; and Whereas Israel’s Independence Day on the their borders. ant to clause 8 of rule XX and the Jewish calendar coincides this year with Israel declared its independence on Chair’s prior announcement, further April 29, 2009: Now, therefore, be it May 14, 1948, providing opportunity for proceedings on this motion will be Resolved by the House of Representatives (the Jews from all over the world to rees- postponed. Senate concurring), That Congress— tablish their ancient homeland. Israel f (1) recognizes the independence of the remains the home of many religious State of Israel as a significant event in pro- sites which are sacred to Judaism, RECOGNIZING THE 61ST ANNIVER- viding refuge and a national homeland for SARY OF THE INDEPENDENCE OF the Jewish people and in establishing a de- Christianity and Islam. ISRAEL mocracy in the Middle East; Israelis continue to serve as a model (2) commends the bipartisan commitment of democracy and democratic values by Mr. PAYNE. Mr. Speaker, I move to of all United States administrations and holding free and fair elections, pro- suspend the rules and agree to the con- United States Congresses since 1948 to stand moting free and fair exchange of ideas, current resolution (H. Con. Res. 111) by Israel and work for its security and well- having open press, open media and vig- recognizing the 61st anniversary of the being; orously exercising in its Parliament, independence of the State of Israel, as (3) congratulates the United States and the Knesset, a democratic government Israel for the strengthening of bilateral rela- amended. that is fully representative of all its ci- The Clerk read the title of the con- tions in recent years in the fields of defense, diplomacy, and homeland security, and en- vilians. As a matter of fact, in the current resolution. Knesset, just about every small group The text of the concurrent resolution courages both nations to continue their co- operation in resolving future mutual chal- may be represented, and it is consid- is as follows: lenges; and ered to be for Israel, as compared to H. CON. RES. 111 (4) extends warm congratulations and best other nations, the most democratic by Whereas on May 14, 1948, the State of Israel wishes to the people of Israel as they cele- the manner in which it is created. I am declared its independence; brate the 61st anniversary of Israel’s inde- certainly convinced that America and pendence. Whereas the United States was one of the Israel will remain and retain their very first nations to recognize Israel, only 11 min- The SPEAKER pro tempore. Pursu- strong and special relationships for utes after its creation; ant to the rule, the gentleman from Whereas Israel has provided the oppor- years to come. tunity for Jews from all over the world to re- New Jersey (Mr. PAYNE) and the gen- H. Con. Res. 111 reaffirms these bonds establish their ancient homeland; tleman from Arkansas (Mr. BOOZMAN) of friendship and cooperation and ex- Whereas Israel is home to many religious each will control 20 minutes. presses a commitment to strengthen sites sacred to Judaism, Christianity, and The Chair recognizes the gentleman them as we move forward. Islam; from New Jersey. Mr. Speaker, I am pleased to support Whereas Israel provided a refuge to Jews GENERAL LEAVE this resolution commending the 61 who survived the unprecedented horrors of Mr. PAYNE. Mr. Speaker, I ask the Holocaust; years of Israel’s existence as a beacon Whereas the people of Israel have estab- unanimous consent that all Members of democracy and hope in the Middle lished a pluralistic democracy which in- have 5 legislative days to revise and ex- East. I look forward to future anniver- cludes the freedoms cherished by the people tend their remarks and include extra- saries and to the day when Israel and of the United States, including freedom of neous material on the resolution under her civilians can live in true peace and speech, freedom of religion, freedom of asso- consideration. true security. ciation, freedom of the press, and govern- The SPEAKER pro tempore. Is there I strongly support this resolution, ment by the consent of the governed; objection to the request of the gen- and I strongly urge that all my col- Whereas Israel continues to serve as a tleman from New Jersey? leagues do the same. shining model of democratic values by regu- larly holding free and fair elections, pro- There was no objection. For thirty-one years, not one of Israel’s Arab moting the free exchange of ideas, and vigor- Mr. PAYNE. Mr. Speaker, I rise in neighbors recognized the Jewish State. Fi- ously exercising in its Parliament, the support of H. Con. Res. 111, recognizing nally, in 1979 and 1994, in respectively, vi- Knesset, a democratic government that is the 61st anniversary of the independ- sionary Arab leaders Anwar Sadat of Egypt fully representative of its citizens; ence of the State of Israel, and yield and King Hussein of Jordan embraced the Whereas Israel has bravely defended itself myself as much time as I may con- path of co-existence and signed peace treaties from terrorist and military attacks repeat- sume. with Israel. I am convinced that someday the edly since independence; Since its founding 61 years ago, the other Arab states will follow suit. Whereas the rocket attacks that have oc- modern State of Israel has been a curred in Israel in recent years have caused Mr. Speaker, at this time I reserve hundreds of casualties and have destroyed strong ally of the United States, Israel the balance of my time. homes, schools, buildings, roads, power lines, has established itself as a dynamic, Mr. BOOZMAN. Mr. Speaker, I yield and other significant infrastructure; pluralistic and democratic nation with myself such time as I may consume. Whereas Israel has signed landmark peace a booming economy, a thriving culture Mr. Speaker, as we, today, com- treaties and successfully established peace- and intellectual life. Contemporary memorate 61 years of Israeli independ- ful bilateral relations with neighboring Israelis have contributed to world civ- ence, we commemorate and celebrate Egypt and Jordan; ilizations as scholars, inventors, artists so much more. We celebrate 61 years of Whereas despite the deaths of over 1,000 in- and educators, and Israeli citizens have the exercise of vibrant liberty, democ- nocent Israelis over the last several years at the hands of murderous, suicide bombers and been awarded the Nobel Prize. Israel is racy and opportunity for those of all other terrorists, the people of Israel continue the home to many outstanding sci- faiths. We celebrate over six decades of to seek peace with their Palestinian neigh- entists, engineers, doctors, musicians the revitalization of the Jewish home- bors; and other hardworking people. This is land where Jewish culture, literature

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11442 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 and philosophy have flourished. We cel- always be able to depend on the United ued to work with the people of the Pa- ebrate 61 years of Israeli achievements States and the American people. cific Island nations either through di- in science and technology and business, I would like to extend my best wishes rect or technical assistance, and I must achievements defined by continual in- and congratulations to the people of recognize them for their support of the novation and , and we the State of Israel on their 61st inde- least fortunate in this part of the celebrate the hard work, determination pendence day. world. This resolution reiterates and love of peace displayed by the peo- I reserve the balance of my time. Israel’s significant global contribu- ple of Israel, a people with whom we Mr. PAYNE. At this time, I yield 5 tions. share our deepest values. minutes to the delegate from American Mr. Speaker, I want to praise the ef- In short, Mr. Speaker, today we cele- Samoa (Mr. FALEOMAVAEGA). forts of President Obama and his ad- brate a quintessentially American Mr. FALEOMAVAEGA. Mr. Speaker, ministration for making the Israeli story, an example of what other coun- again, I thank my good friend from Middle East peace process a high pri- tries in the Middle East and beyond New Jersey for yielding. ority of this administration. This was can achieve if they unleash the power Mr. Speaker, I rise today in strong reaffirmed when President Obama ap- of human freedom. support of House Concurrent Resolu- pointed Senator George Mitchell as But as we celebrate, we cannot and tion 111, the legislation which ex- Special Envoy for the Middle East must not ignore the continued and presses the sense of Congress recog- process in his second day of office. Like growing threats to Israel’s survival. At nizing and extending warm congratula- President Obama, I believe that it is the United Nations, Israel, like the tions to the State of Israel for the 61st critical that Israel share a lasting United States, is singled out for bogus anniversary of its independence. First, peace with its neighbors in the Middle criticism and judged by double stand- I want to commend the chief sponsor, East and that a two-state solution, an ards. Most recently at the Durban II Mr. SCOTT GARRETT of New Jersey, for Israeli state and a Palestinian state, conference in Geneva, speaker after introducing this important resolution will provide for peace and security in speaker lambasted Israel for supposed celebrating this occasion on Israel’s this important region of the world. racism, and the assembled nations 61st birthday. I also want to recognize Mr. Speaker, I want to end on an im- passed a declaration that criticized the cosponsors for their strong support portant note. At the National Prayer Israel alone among nations. Of course, of House Concurrent Resolution 111. Breakfast held this year, former Brit- the most memorable and infamous mo- Mr. Speaker, on May 14, 1948, the ish Prime Minister Tony Blair who is ment from the Durban II was Iranian State of Israel was founded when Israel now the Quartet’s Special Envoy to the leader Mahmoud Ahmadinejad’s speech declared independence and was ex- Middle East, gave the most remarkable where he savagely attacked the State tended diplomatic recognition by the keynote address. In his speech, Prime of Israel and advanced anti-Semitic United States. We must acknowledge Minister Blair mentioned a conversa- conspiracy theories that could have the importance of the actions made by tion he had with his Palestinian tour been taken verbatim from the Proto- the United Nations in the 1940s in cre- guide during his tour of Israel. At the cols of the Elders of Zion. Ahmadinejad ating the Jewish State soon after the Mount of Temptation in Jericho, and has repeatedly called for Israel’s de- horrific atrocities committed by the this is meant in humor, Mr. Speaker, struction, and given the Iranian re- Nazis during World War II where they his Palestinian tour guide said, gime’s pursuit of nuclear, chemical, bi- killed some 6 million Jews and impris- ‘‘Moses, Jesus and Mohammed, why did ological and missile capabilities, he oned and viciously tortured many more they all have to come here?’’ This and his ilk may soon have the where- in concentration camps. speaks volumes of the importance of withal to make good their threats. The this region when three of the most im- b 1445 prospect of an emboldened nuclear Iran portant religions of the world have a is a threat to Israel, a threat to the Mr. Speaker, this legislation honors common cultural and religious history United States, and a threat to us all, the anniversary of the reestablishment with the great city of Jerusalem. and we cannot stand idly by in the face of the sovereign and independent mod- I believe today, as did the late prime of this danger. ern State of Israel and commends the minister and a great hero of mine, Likewise, to Israel’s north, Syria’s leaders and the people of Israel for Yitzhak Rabin, that there will be a re- dictator has threatened Israel with vio- their remarkable achievements in solving and lasting peace between the lence and brags of his support for the building a strong and thriving democ- Palestinians and Israelis who are in violent Islamist group Hezbollah, racy in the Middle East, while being fact direct descendants of Father Abra- which continues to increase its capa- threatened constantly with terrorism ham. bilities to diminish Israel. Southern and war. The United States shares an I keep telling my Arabic and Israeli Israel continues to endure the nearly affinity with the people of Israel, where friends: You guys are first cousins, why 9,000 rocket missiles and mortars that we have a strong partnership based on do you keep fighting each other? You have been fired into Israel since 2001, democratic values that emphasize the are all sons and daughters of Father more than 6,000 of them since Israel importance of inalienable rights Abraham. withdrew entirely from the Gaza Strip through the protection of the rights of I want to convey my personal con- in November 2005. The result has been individuals, maintaining the freedom gratulations to the people of Israel in numerous Israeli deaths, physical and of the press, providing for freedom of celebrating their 61st anniversary, and psychological wounds, and unceasing religion, having open and fair elections I urge my colleagues to support this panic in the towns and cities within and, importantly, maintaining the rule resolution. range of Hamas’s artillery. of law. As the only democracy in the Mr. BOOZMAN. Mr. Speaker, I yield 5 As we witnessed in the recent con- Middle East, we must commend Israel minutes to the gentleman from New flict in Gaza, Hamas’s capabilities con- for their steadfast commitment to up- Jersey (Mr. GARRETT), a member of the tinue to expand; thus, as we celebrate holding democratic principles. Budget and Financial Services Com- the anniversary of Israeli independ- Mr. Speaker, Israel is at the forefront mittees and the author of the resolu- ence, and with it the creation of a bas- of modern technology, and has contin- tion. tion of democracy in a sea of autoc- ued to expand its advancements in en- Mr. GARRETT of New Jersey. Mr. racy, we must remain mindful of the ergy efficiency and renewable energy Speaker, I thank the gentleman. I do challenges that she faces. In short, the technologies. I want to acknowledge now rise to commemorate this impor- bond between our Nations and our peo- Israel’s efforts in preventing and com- tant event, the 61st anniversary of the ple have never been stronger. The bating diabetes in the Pacific Islands. founding of the modern State of Israel. United States could not ask for a bet- This is an epidemic which has dras- As indicated, it was less than a century ter friend and ally in the region, and I tically impaired the people of the Pa- ago when most Jewish people were assure the Israeli people that they will cific Island nations. Israel has contin- scattered throughout the world, often

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11443 suffering from unjust persecution. Yet Mr. BOOZMAN. Mr. Speaker, I yield 2 Israel continues to serve as a shining model today, Israel is an independent, flour- minutes to my final speaker, Mr. GOH- of democrat values by regularly holding free ishing country that is vibrant as it MERT, a distinguished member of the and fair elections, promoting the free ex- goes forward day by day. Judiciary, Resources and Small Busi- change of ideas, and vigorously exercising, in Just as the Jewish people celebrated ness Committees. the Knesset, a democratic government that is Passover recently, the time when God Mr. GOHMERT. Mr. Speaker, I appre- fully representative of its citizens. The leaders delivered the Israelites out of cap- ciate my friend from Arkansas yielding in this parliament have, as the times have re- tivity, I believe it is fitting and proper me this time. quired, led Israel as the nation defended itself for us to celebrate the establishment of On the 61st anniversary of the cre- from repeated military and terrorist attacks. the only truly free country in the Mid- ation of Israel, we should stop to con- Likewise, when they saw the opportunity, dle East. gratulate them. But I have a couple of the democratically elected leaders of Israel I have long been a strong advocate points that I want to make sure that have worked for peace, as they did with the for Israel during my tenure here in everyone understands. neighboring governments of Egypt and Jordan Congress. During my very first term in Number one, there was a Holocaust. to establish peaceful, bilateral relations. These office, I had an opportunity to visit Number two, there could be another efforts continue to this day—despite the Israel and to learn more about its peo- holocaust. deaths of over 1,000 innocent Israelis over the ple and the Jewish government. I also Now today, we are told that the last several years at the hands of suicide had the opportunity to establish a Jew- Taliban is near Islamabad. If Pakistan bombers and other terrorists—as the people of ish Advisory Committee in my district, falls to the most radical Islamic terror- Israel continue to seek peace with their Pales- to meet with Israeli and Palestinian of- ists, then the world is in trouble. We tinian neighbors, I will continue to work for a ficials. need to protect our friends. two-state solution and the saving of lives in Last year I introduced H. Res. 951, We know that Israel is a democracy, Palestine and in Israel. which condemned the rocket attacks a great democracy; so we are and This is all to say nothing of the country’s on Israel, and I was pleased to see that should be friends. We know that Israel many other accomplishments, including signifi- this resolution passed the House over- believes in the value of human life and cant global contributions in the fields of whelmingly with bipartisan support. human rights. We are and should be science, medicine, and technology. So today, I come to the floor and am friends. That is why I stand here today—to recog- honored to speak on H. Con. Res. 111 Someone once referred to Israel as nize this simple truth—that the independence because Israel has been one of our the miner’s canary for the world be- of the State of Israel is more than a single strongest allies, and our two countries cause when Israel suffers, the world is event—it is the stabilization of a region, it is have so very much in common. Israel about to suffer. the lasting friendship of a like-minded coun- and America have both faced so many That’s the kind of friend we need to try—and it is the bond of sovereign friendship. wars. But we have also endeavored hold close and work together with. I That is what this resolution does. To the administrations and Congresses that throughout it all to preserve the peace. want to make clear these radical Is- have, since its creation, stood by the people of And we continue now to promote free- lamic terrorists, they are such a tiny, Israel, working for their security and well- dom despite the ongoing resistance. tiny fraction of the Islamic believers in being, we give our praise. We further com- Earlier this year I joined with many the world. But they are a dangerous, mend our allies who have helped us to of my constituents at a solidarity rally dangerous part that needs to be under- strengthen our bilateral relations in recent to remember Israel’s efforts during Op- stood and dealt with. years in the fields of defense, diplomacy, and eration Cast Lead. I sympathized with Congratulations to Israel. They are homeland security. We also encourage them the families of the victims who were our friend. They should be our friend, to continue their cooperation in resolving fu- and we need to make sure another hol- injured and killed there. ture mutual challenges, as we resolve, today This recent conflict served as a so- ocaust never happens. and always, to continue ours. For that is also bering reminder that liberty comes Ms. JACKSON-LEE of Texas. Mr. Speaker, in this resolution. with a great price and a great responsi- I rise before you today in support of H Con. Finally, I extend the warmest congratula- bility. Yet Israel has not allowed chal- Res. 111, recognizing the 61st anniversary of tions and best wishes to the people of Israel lenges to suspend its progress. Israel the independence of the State of Israel. I as they celebrate the 61 years of their noble was little more than a barren desert would like thank my colleague, Representative nation’s independence and sovereignty. May back in 1948. And, amazingly, this wil- SCOTT GARRETT, for introducing this act of sol- they know many more, and thrive as a coun- derness has been transformed into a idarity. I would also like to thank my fellow co- try. center of thriving agricultural produc- sponsors. Mr. MORAN of Kansas. Mr. Speaker, for the tion. Not only has Israel been the On May 14, 1948—61 years ago—the Jew- past 61 years, the United States and Israel source of innovative techniques, but it ish people of Palestine declared their inde- have enjoyed a strategic partnership based on has also shared those techniques and pendence as a sovereign state. Across the shared democratic values, commitment to that knowledge with countries across world, the Jewish people saw a new oppor- freedom, friendship, and respect. I rise today the world. tunity to reestablish their ancient homeland— to recognize that relationship and congratulate My own State of New Jersey is called the possibility of living, not as eternal out- the people of Israel on the 61st anniversary of the Garden State. Our State has di- siders, but as a nation. Israel’s independence. rectly benefited from the irrigation Eleven minutes after this declaration, the In addition to congratulating the people of practices first developed by the people United States became the first country to rec- Israel as they celebrate their independence, H. in Israel. ognize the new state. This began a long, stra- Con. Res. 111, recognizes important events So I come to the floor right now tegic partnership based on shared democratic and people who have shaped this nation’s his- grateful to how Israel has so freely values, friendship, and respect. To this day, tory. While Israel’s history is marked by proud shared their lessons that they have Americans share an affinity with the people of accomplishments and successes, it is also learned. By illustrating the virtues of Israel and view their country as a strong and peppered by instances when Israeli’s had to liberty and the benefits of innovation, trusted ally. defend their country from outside threats. Israel today serves as a model for other The new nation provided a refuge to millions Sadly, many threats still remain. As Americans developing nations. who had survived one of the most glaring ex- join Israeli’s in celebrating their country’s inde- This 61st anniversary is truly indeed amples of man’s greatest inhumanity to man. pendence, we should take notice of those a cause for celebration. I urge my con- These survivors helped to found a democracy threats and renew our commitment to ad- stituents and colleagues to join me in that made use of all the freedoms, we, as dressing them. recognizing this achievement of our Americans hold dear ourselves, including free- No bigger, more challenging threat exists to friend and ally, Israel. dom of speech, freedom of religion, freedom Israel than that posed by Iran. Continuing to Mr. PAYNE. Mr. Speaker, I reserve of association, freedom of the press, and gov- enrich uranium, Iran now has enough low en- the balance of my time. ernment by the consent of the governed. riched uranium that if further processed could

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 9920 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11444 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 produce a nuclear bomb. Such a development and our shared American culture is stronger Today, the United States House of Rep- would be an existential threat to Israel. As one because of it. resentatives voted on and approved House of Israel’s closest friends and allies, the United On the occasion of Israel’s 61st anniversary, Concurrent Resolution 111 that states that States should take appropriate action to pre- and as we celebrate the contributions of Jew- Congress recognizes the independence of the vent Iran from acquiring nuclear weapons. ish Americans in our daily lives, I look forward State of Israel as a significant event in pro- Congress can begin by approving H.R. 1327, to the future of our friend and ally, the State viding refuge and a national homeland for the the Iran Sanctions Enabling Act, and H.R. of Israel, and to the prospects for peace in the Jewish people; commends the bipartisan com- 1985, the Iran Diplomatic Enhancement Act. Middle East. mitment of all United States administrations By standing with Israel against Iran, we I will remain steadfast in my support of an and United States Congresses since 1948 to demonstrate the strength of the ties that bind independent Jewish state, and I am hopeful stand by Israel and work for its security and our two nations. Again, Mr. Speaker, I con- that we will soon reach the day when children wellbeing; congratulates the United States and gratulate the people of Israel on the 61st anni- will have to turn to the history books to learn Israel for the strengthening of bilateral rela- versary of their independence and call on my that there ever was conflict in the Middle East. tions in recent years in the fields of defense, colleagues in Congress to show their support President Obama has begun the vital work diplomacy, and homeland security, and en- for Israel by passing legislation that will pres- of reengaging the United States in the quest courages both nations to continue their co- sure Iran into abandoning its pursuit of nuclear for peace in the Middle East by appointing operation in resolving future mutual chal- weapons. George Mitchell as Special Envoy for Middle lenges; and extends warm congratulations and Mr. MARKEY of Massachusetts. Mr. Speak- East Peace. As we commemorate the 61 his- best wishes to the people of Israel as they cel- er, I rise in strong support of H. Con. Res. 111 toric years since the founding of the State of ebrate the 61st anniversary of Israel’s inde- recognizing the 61st anniversary of the found- Israel, we must also look to the future, and I pendence. ing of the State of Israel. believe the future for Israel is bright. I am proud to be a cosponsor of House This resolution enjoys bipartisan support, I congratulate the State of Israel on its 61st Concurrent Resolution 111 and I have consist- because Americans from across the political anniversary, and I urge adoption of this Reso- ently supported efforts to strengthen the rela- spectrum agree that the State of Israel is a lution. tionship between the United States and Israel. great friend of the United States, and we all Mrs. BACHMANN. Mr. Speaker, today I rise As a senior member of the House Foreign Af- celebrate the anniversary of its founding in support of H. Con. Res. 111, a resolution fairs Committee, I will continue to work with today. recognizing the 61st anniversary of the found- members on both sides of the aisle to ensure As we mark this anniversary, it is fitting that ing of the modern state of Israel. I believe it that our country remains steadfast in our sup- we also note a new American tradition. May is important on this occasion to highlight the port for Israel and its people. 1st of this year marked the beginning of the close bond between the United States and Mr. CALVERT. Mr. Speaker, as many have 4th annual Jewish American Heritage Month, Israel. Just as the U.S. is a symbol of hope said before, friendship is found and tested during which we celebrate the many contribu- and freedom around the globe, Israel stands through adversity. The friendship between the tions that American Jews have made to the as a symbol of freedom and democracy in an United States and Israel has certainly been society in which we live and thrive. When the area historically rampant with violence and op- tried and proven true. Both our nations con- first Jewish settlers came to this land, they pression. front challenges that are rooted in extremism sought a place of promise where they could On May 14, 1948, Israel declared its inde- and terrorism. While America formerly found practice their faith in freedom and live in lib- pendence, with the United States being the some comfort in distance, Israel stands as a erty. first country to formally recognize the new na- true testament to freedom and democracy in The history of Jews in the United States in- tion. Since that historic day, the United States the Middle East—but Israel does not stand cludes the earliest days of the Republic, when and Israel have shared a close relationship of alone. The commitments between Israel and in 1790, a member of the oldest synagogue friendship and cooperation that serves as an the United States are not born out of mere ne- still standing in the United States—the Touro example to the rest of the world. This relation- cessity, but out of mutual respect and the Synagogue in Newport, Rhode Island—wrote ship is strengthened with each successive common belief that all of mankind deserves to to George Washington, expressing his support year. live in peace and freedom. On the 61st Anniversary of the Independ- for Washington’s administration and good One critical aspect of the U.S.-Israeli rela- ence of the State of Israel, I offer my gratitude wishes for the first President. President Wash- tionship is the role Israel plays in the pursuit and congratulations to a steady ally and ington sent a letter in response, which read in of peace in the Middle East. Indeed, Israel has friend. part: worked hard to develop friendly working rela- Ms. LEE of California. Mr. Speaker. I wel- . . . the Government of the United States tionships with its neighbors, Egypt and Jordan, come the opportunity to commemorate the . . . gives to bigotry no sanction, to persecu- setting an example of leadership and peace 61st anniversary of the founding of the State tion no assistance . . . May the children of even as many around them spread hatred and the Stock of Abraham, who dwell in this of Israel and congratulate the people of Israel terror. And while recent years have unfortu- as they celebrate the independence of their land, continue to merit and enjoy the good nately been marked by escalating armed con- will of the other Inhabitants; while every country. one shall sit in safety under his own vine and flict between Israel and Hamas, the United I am hopeful that this year we make sub- figtree, and there shall be none to make him States will stand steadfast in its commitment stantial progress to the goal we all share afraid. May the father of all mercies scatter to a free Israel as the Middle East comes to which is to see Israel and its neighbors living light and not darkness in our paths, and embrace the liberties and freedoms of demo- side by side in peace. To achieve this goal, it make us all in our several vocations useful cratic societies. is important that the parties, aided by the here, and in his own due time and way ever- Mr Speaker, as a cosponsor of this resolu- United States acting as an honest broker, ad- lastingly happy. tion, it is my honor to recognize and congratu- dress and resolve all of the major issues These many years later, I encourage all late the success of Israel on its 61st Anniver- standing in the path to peace. Americans to stop and think about the great sary. It is vital the United States continue to The appointment by President Obama of gains in medicine, literature, journalism, law, develop its strong relationship with Israel so former Senator George Mitchell as Special entertainment, and fine arts that have been that other countries around the world still op- Envoy for Middle East Peace is an out- made due in no small part to the role of our pressed and ruled by terror can see the true standing gift from the United States to Israel Jewish friends and neighbors have played in value of a free and democratic society. on the occasion of its 61st birthday. American society. Mr. GALLEGLY. Mr. Speaker, on May 14, Mr. LARSEN of Washington. Mr. Speaker, I I will also note that as a nation of immi- Israel will celebrate its 61st anniversary as a rise to express my support for H. Con. Res. grants, our culture has been enriched by the sovereign and independent nation. Only elev- 111, a resolution recognizing the sixty-first an- traditions that settlers from across the globe en minutes after its creation, the United States niversary of Israel’s independence. have been able to incorporate into their daily recognized Israel and was one of the first na- Just eleven minutes after the establishment lives as Americans. In the Jewish culture, the tions to do so. In these intervening 61 years, of Israel on May 14, 1948, President Truman phrase ‘‘tikkum olam’’ directs believers to live the people of Israel have established a recognized its status as a sovereign nation. their lives to heal the world. There is no better unique, pluralistic democracy that includes the That moment marked the beginning of an en- guiding principle in these challenging times, freedoms cherished by Americans. during relationship between our two countries.

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 9920 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11445 Israel and its citizens have made out- H. CON. RES. 103 treat malaria, with more than 23 types of standing contributions to global prosperity and Whereas April 25 of each year is recognized malaria vaccines in development; culture. The whole world has benefited from internationally as Africa Malaria Day and in Whereas according to the Centers for Dis- the United States as Malaria Awareness Day; ease Control and Prevention, vector control, Israeli advances in science, medicine, tech- or the prevention of malaria transmission nology, and the arts. As the longest-enduring Whereas despite malaria being completely preventable and treatable and the fact that via anopheles mosquitoes, which includes a democracy in the Middle East, Israel is a malaria was eliminated from the United combination of methods such as insecticide- strong and trusted ally in a volatile region. States over 50 years ago, more than 40 per- treated bed nets, indoor residual spraying, After more than six decades, the United cent of the world’s population is still at risk and source reduction (larval control), has States remains committed to its friendship with of contracting malaria; been shown to reduce severe morbidity and Israel. This friendship has endured, and will Whereas, according to the World Health mortality due to malaria in endemic regions; Organization, nearly 1,000,000 people die from Whereas the impact of malaria efforts have endure, because our countries share funda- been documented in numerous regions, such mental values. malaria each year, the vast majority of whom are children under the age of 5 in Afri- as in Zanzibar, where malaria prevalence The Jewish People’s Council, in approving ca; among children shrank from 20 percent to the Declaration of the Establishment of the Whereas malaria greatly affects child less than 1 percent between 2005 and 2007, and State of Israel, articulated many of our com- health, roughly every 30 seconds a child dies in Rwanda, where malaria cases and deaths mon values, stating ‘‘The state of Israel . . . from malaria, and more than 3,000 children appeared to decline rapidly after a large- will be based on freedom, justice and peace die from malaria every day; scale distribution of bed nets and malaria Whereas malaria poses great risks to ma- treatments in 2006; and as envisaged by the prophets of Israel; it will Whereas a malaria-free future will rely on ensure complete equality of social and political ternal health, causing complications during delivery, anemia, and low birth weights, consistent international, national and local rights to all its inhabitants irrespective of reli- with estimates by the Center for Disease leadership, and a comprehensive approach gion, race or sex; it will guarantee freedom of Control and Prevention that malaria infec- addressing the range of health, development, religion, conscience, language, education and tion causes 400,000 cases of severe maternal and economic challenges facing developing culture.’’ anemia and from 75,000 to 200,000 infant countries: Now, therefore, be it On the occasion of its Independence Day, I deaths annually in sub-Saharan Africa; Resolved by the House of Representatives (the Whereas HIV infection increases the risk Senate concurring), That Congress— congratulate the people of Israel for their con- (1) supports the goals and ideals of Malaria and severity of malarial illness, and malaria tinued commitment to these democratic prin- Awareness Day, including the achievable tar- increases the viral load in HIV-positive peo- ciples. I look forward to strengthening our rela- get of ending malaria deaths by 2015; ple, which can lead to increased transmission (2) calls upon the people of the United tionship based on our many common ties in of HIV and more rapid disease progression, States to observe this day with appropriate the decades to come. with substantial public health implications; programs, ceremonies, and activities to raise Mr. PAYNE. Mr. Speaker, I reserve Whereas in malarial regions, many people awareness and support to save the lives of the balance of my time. are co-infected with malaria and one or more those affected by malaria; of the neglected tropical diseases, such as Mr. BOOZMAN. Mr. Speaker, I urge (3) reaffirms the goals and commitments to hookworm and schistosomiasis, which causes adoption of this very important resolu- combat malaria outlined in the Tom Lantos tion, and thank the gentleman from a pronounced exacerbation of anemia and and Henry J. Hyde United States Global New Jersey for bringing it forward. several adverse health consequences; Leadership Against HIV/AIDS, Tuberculosis, Again, I urge all of our House Members Whereas the malnutrition and consequent and Malaria Reauthorization Act of 2008; chronic illness that result from childhood to vote in the affirmative, and I yield (4) commends the progress made during the malaria leads to increased absenteeism in last year by anti-malaria programs including back the balance of my time. school and perpetuates cycles of poverty; Mr. PAYNE. Mr. Speaker, I have no the President’s Malaria Initiative and the Whereas an estimated 90 percent of deaths Global Fund to Fight AIDS, Tuberculosis further requests for time, and I yield from malaria occur in Africa and the Roll and Malaria; back the balance of my time. Back Malaria Partnership estimates that (5) recognizes the work of the Roll Back The SPEAKER pro tempore. The malaria costs African countries Malaria Partnership and affirms United question is on the motion offered by $12,000,000,000 in lost economic productivity States support for and contribution toward the gentleman from New Jersey (Mr. each year; the achievement of the following targets: Whereas the World Health Organization es- (A) Achieve universal coverage for all pop- PAYNE) that the House suspend the timates that malaria accounts for 40 percent rules and agree to the concurrent reso- ulations at risk with locally appropriate of health care expenditures in high-burden interventions for prevention and case man- lution, H. Con. Res. 111. countries, demonstrating that effective, agement by 2010 and sustain universal cov- The question was taken. long-term malaria control is inextricably erage until local field research suggests that The SPEAKER pro tempore. In the linked to the strength of health systems; coverage can gradually be targeted to high- opinion of the Chair, two-thirds being Whereas heightened efforts over recent risk areas and seasons only, without risk of in the affirmative, the ayes have it. years to prevent and treat malaria are cur- a generalized resurgence. Mr. GARRETT of New Jersey. Mr. rently saving lives; (B) Reduce global malaria cases from 2000 Whereas progress and funding to control levels by 50 percent in 2010 and by 75 percent Speaker, on that I demand the yeas malaria has increased ten-fold since 2000, in and nays. in 2015. large part due, to funding under the Presi- (C) End malaria deaths by 2015. The yeas and nays were ordered. dent’s Malaria Initiative (a United States (6) encourages fellow donor nations to The SPEAKER pro tempore. Pursu- Government initiative designed to cut ma- maintain their support and honor their fund- ant to clause 8 of rule XX and the laria deaths in half in target countries in ing commitments for Malaria programs Chair’s prior announcement, further sub-Saharan Africa), the Global Fund to worldwide; proceedings on this motion will be Fight AIDS, Tuberculosis and Malaria, the (7) urges greater integration between postponed. World Bank, and new financing by other do- United States and international health pro- nors; grams that target malaria, HIV, Tuber- f Whereas the President’s Malaria Initiative culosis, neglected tropical diseases, and has purchased almost 13,000,000 artemisinin- basic child and maternal health; and SUPPORTING THE GOALS AND based combination therapies (ACT), pro- (8) commits to continued United States IDEALS OF MALARIA AWARE- tected over 17,000,000 people through spray- leadership in efforts to reduce global malaria NESS DAY ing campaigns, and distributed over 6,000,000 deaths, especially through strengthening insecticide-treated bed nets, the Global Fund health care systems that can deliver effec- Mr. PAYNE. Mr. Speaker, I move to to Fight AIDS, Tuberculosis and Malaria has tive, safe, high-quality interventions when suspend the rules and agree to the con- distributed 7,000,000 bed nets to protect fami- and where they are needed, and assure access current resolution (H. Con. Res. 103) lies from malaria and provided 74,000,000 ma- to reliable health information and effective supporting the goals and ideals of Ma- laria patients with ACTs, and the World disease . laria Awareness Day, as amended. Bank’s Booster Program is scheduled to commit approximately $500,000,000 in Inter- The SPEAKER pro tempore. Pursu- The Clerk read the title of the con- national Development Association funds for ant to the rule, the gentleman from current resolution. malaria control in Africa; New Jersey (Mr. PAYNE) and the gen- The text of the concurrent resolution Whereas public and private partners are tleman from Arkansas (Mr. BOOZMAN) is as follows: developing effective and affordable drugs to each will control 20 minutes.

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11446 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 The Chair recognizes the gentleman However, there is good news. Height- Africa has been particularly hard hit. from New Jersey. ened efforts by our own government Ninety percent of all malaria deaths GENERAL LEAVE and by other partner nations have occur in Africa. It is the leading cause Mr. PAYNE. Mr. Speaker, I ask made significant progress in the fight of death of children under the age of 5, unanimous consent that all Members against malaria. claiming the lives of an estimated 3,000 may have 5 legislative days in which to The President’s Malaria Initiative African children per day. And because revise and extend their remarks and to has purchased almost 13 million even mild cases of malaria can be de- include extraneous material on the res- artemisinin-based combination thera- bilitating, many businesses have been olution under consideration. pies (ACT), which will protect over 17 forced to hire two or more employees The SPEAKER pro tempore. Is there million people through spraying cam- to fill a single position due to absen- objection to the request of the gen- paigns, and has distributed over 6 mil- teeism. It is estimated that Africa tleman from New Jersey? lion insecticide-treated bed nets. loses $12 billion in productivity each There was no objection. b 1500 year—all because of a wretched mos- Mr. PAYNE. Mr. Speaker, I yield my- quito. But with the commitment of self such time as I may consume. The Global Fund to Fight AIDS, Tu- host countries and generous donor sup- Mr. Speaker, I rise in strong support berculosis and Malaria has distributed port—including through the Presi- of this resolution, H. Con. Res. 103, sup- 7 million bed nets to protect families dent’s Malaria Initiative; the Global porting the goals and ideals of Malaria from malaria and provided 74 million Fund to Fight AIDS, Tuberculosis and Awareness Day. malaria patients with ACTs. As the Malaria; the World Bank; private do- April 25 of each year is recognized World Bank’s booster program is sched- nors and nongovernmental organiza- internationally as Africa Malaria Day uled to commit more than $500 million and in the United States as Malaria tions, including Malaria No More—we in International Development Associa- are starting to see the light at the end Awareness Day. tion funds for malaria, this will help to I introduced this resolution with my of the tunnel. move forward the control of malaria; Mass distributions of mosquito nets, colleague and Congressional Malaria approximately $500 million by the Caucus co-Chair, Congressman JOHN indoor residual spraying, and the devel- International Development Associa- opment and distribution of safe, effec- BOOZMAN of Arkansas, a true partner in tion. the fight against malaria and so many tive and inexpensive drugs to treat ma- Public and private partnerships are laria have yielded sharp declines in other good causes, and I would like to developing effective and affordable thank him for his partnership and his malaria-related deaths in a number of drugs to treat malaria, with more than African countries. According to U.S. continued commitment to ending ma- 23 types of malaria vaccines in develop- laria, and to so many other important Malaria Coordinator, Admiral Tim ment. Years ago, there were virtually Ziemer, ‘‘These efforts are bringing issues pertaining to Africa. no vaccines in development. And so we We introduced this resolution to re- newfound hope that malaria is not an have seen that the world has taken a mind the Congress, the country, and intractable problem and giving chil- real look at this dread disease and we the world that malaria is preventable dren a fighting chance to improve their are moving forward to its elimination. and is treatable. quality of life and build better fu- Malaria was eliminated from the This resolution calls our attention to tures.’’ Malaria Awareness Day which the Con- United States over 50 years ago, yet But we still have a long way to go. gressional Malaria Caucus marked by more than 40 percent of the world’s Malaria Day serves as a call to population is still at risk of con- holding briefings, a roundtable with Af- rican health officials, and will conclude arms—a day to mobilize resources and tracting this disease. The World Health recommit ourselves to the fight Organization reports that malaria with Special Orders this evening. The resolution also reaffirms the goals and against this preventable disease. It re- claims the lives of nearly 1 million peo- minds us that with the steadfast com- ple each year, the vast majority of commitments to combat malaria out- lined in the Tom Lantos and Henry J. mitment of donors, host governments, whom are children under the age of 5 in local leaders and the countless heroes Africa. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and who are fighting to roll back this I ask you to reflect on the statistics: scourge on the ground each and every malaria takes the life of a child rough- Malaria Reauthorization Act of 2008 which provided critical funding, $6 bil- day, we may live to see the elimination ly every 30 seconds. This is simply as- of malaria from the developing world. tounding and unconscionable in 2009. lion, to fight malaria and tuberculosis. I thank the sponsor, and my fellow Malaria also causes a great risk to ma- Let us remain committed to ending co-Chair of the House Malaria Caucus, ternal health, causing complications malaria for the health and wealth of Mr. PAYNE, for introducing this impor- during delivery, anemia, and low birth the entire world. I strongly support tant measure and for agreeing to mod- weight, with estimates by the Centers this resolution and I urge my col- est, though critically important for Disease Control and Prevention leagues to do likewise. changes which enabled us to move the that malaria infection causes 400,000 Mr. Speaker, I reserve the balance of resolution directly to the House floor cases of severe maternal anemia and my time. today. I appreciate the chairman’s hard from 75,000 to 200,000 infant deaths an- Mr. BOOZMAN. Mr. Speaker, I yield work and leadership combating this nually in sub-Saharan Africa. myself such time as I may consume. An estimated 90 percent of the deaths As co-Chair with Chairman PAYNE of disease but also for his chairmanship of from malaria occur in Africa. Malaria the Congressional Malaria Caucus and the Africa Subcommittee of the For- also perpetuates poverty. The Roll an original cosponsor of this resolution eign Affairs Committee. Back Malaria Partnership estimates brought forth by Chairman PAYNE, I I urge my colleagues to support this that malaria costs African countries rise in support of H. Con. Res. 103, resolution. $12 billion annually in lost economic which supports the goals and ideals of Mr. Speaker, I reserve the balance of productivity. Malaria Awareness Day. my time. The malaria burden also weakens It is widely known that malaria was Mr. PAYNE. At this time I yield 1 governments’ abilities to provide serv- eradicated in the United States more minute to the gentleman from Amer- ices. The World Health Organization than a half century ago. Less known is ican Samoa (Mr. FALEOMAVAEGA). estimates that malaria accounts for 40 the fact that malaria still affects as Mr. FALEOMAVAEGA. I thank the percent of health care expenditures in many as half a billion people in 109 gentleman for yielding and for this op- high-burden countries, demonstrating countries in Africa, Asia and Latin portunity to speak out in full support that effective, long-term malaria con- America, and that malaria kills ap- of this proposed legislation. Not only trol is inextricably linked to the proximately 1 million to 3 million peo- am I a cosponsor but I want to com- strength of the health systems. ple per year. mend especially my colleague and

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11447 friend, the chairman of the House For- estimates by the Center for Disease Control Mr. PAYNE. I yield back the balance eign Affairs Subcommittee on Africa and Prevention that malaria infection causes of my time. and Global Health. 400,000 cases of severe maternal anemia and The SPEAKER pro tempore. The Mr. Speaker, this issue is serious. from 75,000 to 200,000 infant deaths annually question is on the motion offered by Forty percent of the world’s popu- in sub-Saharan Africa. the gentleman from New Jersey (Mr. lation, some 6 billion people living in An estimated 90 percent of deaths from ma- PAYNE) that the House suspend the this world, are still impacted and af- laria occur in Africa and the Roll Back Malaria rules and agree to the concurrent reso- fected by this serious disease—malaria. Partnership estimates that malaria costs Afri- lution, H. Con. Res. 103, as amended. On top of that, some 800 million people can countries $12,000,000,000 in lost eco- The question was taken; and (two- living on the continent of Africa, 90 nomic productivity each year. The World thirds being in the affirmative) the percent of the people living in Africa, Health Organization estimates that malaria ac- rules were suspended and the concur- are also affected by this serious dis- counts for 40 percent of health care expendi- rent resolution, as amended, was ease. tures in high-burden countries, demonstrating agreed to. I want to thank the gentleman from that effective, long-term malaria control is in- A motion to reconsider was laid on New Jersey for his initiative and lead- extricably linked to the strength of health sys- the table. ership in proposing this legislation and tems. f Fortunately, the heightened efforts over re- sincerely hope that in our efforts in HONORING RABBI CHARLES H. cent years to prevent and treat malaria are working through the authorizing com- ROSENZVEIG currently saving lives. Progress and funding to mittees that we will build on what the Mr. PAYNE. Mr. Speaker, I move to gentleman, the chairman of our sub- control malaria has increased ten-fold since 2000, in large part, due to funding under the suspend the rules and agree to the reso- committee, has done to bring to the at- lution (H. Res. 283) honoring the life, tention of our colleagues and to the President’s Malaria Initiative (a U.S. Govern- ment initiative designed to cut malaria deaths achievements, and contributions of American people the importance of Rabbi Charles H. Rosenzveig, as what we need to do as a country to help in half in target countries in sub-Saharan Afri- ca), the Global Fund to Fight AIDS, Tuber- amended. get rid of this serious disease. The Clerk read the title of the resolu- The SPEAKER pro tempore. The culosis and Malaria, the World Bank, and new financing by other donors. The President’s tion. time of the gentleman has expired. The text of the resolution is as fol- Mr. PAYNE. I yield the gentleman 30 Malaria Initiative has purchased almost 13,000,000 artemisinin-based combination lows: additional seconds. H. RES. 283 Mr. FALEOMAVAEGA. I want to therapies (ACT), protected over 17,000,000 people through spraying campaigns, and dis- Whereas Rabbi Charles H. Rosenzveig, Hol- commend my good friend from New ocaust survivor, scholar, teacher, and found- Jersey for working quietly and pa- tributed over 6,000,000 insecticide-treated bed nets, the Global Fund to Fight AIDS, Tuber- er of the Nation’s first free-standing Holo- tiently but with tremendous effort in caust Memorial Center, passed away on De- working with our colleagues in ad- culosis and Malaria has distributed 7,000,000 cember 11, 2008, which corresponds to the dressing the serious problems of ma- bed nets to protect families from malaria and 14th of Kislev, 5769 of the Hebrew calendar, laria. provided 74,000,000 malaria patients with and was buried in Jerusalem, Israel; With that, Mr. Speaker, I want to ACTs, and the World Bank’s Booster Program Whereas Rabbi Charles H. Rosenzveig was again thank my good friend from New is scheduled to commit approximately beloved by friends, family, and congregants $500,000,000 in International Development and is survived by his wife Helen and four Jersey for his leadership and for the children, Martin Rosenzveig, Rabbi Ely work that he has done in trying to get Association funds for malaria control in Africa. At the moment, public and private partners Rosenzveig, Judy Rosenzveig, and Adina rid of this dreaded disease. are developing effective and affordable drugs Novogrodsky, and ten grandchildren; Ms. JACKSON-LEE of Texas. Mr. Speaker, Whereas Rabbi Charles H. Rosenzveig was to treat malaria, with more than 23 types of I rise today in support of H. Con. Res. 103, born on November 13, 1920, in Ostrovitz, Po- malaria vaccines in development. According to land, to Yente and Eliezer Lippa Rosenzveig; ‘‘Supporting the goals and ideals of Malaria the Centers for Disease Control and Preven- Awareness Day’’ and I would like to thank my Whereas Rabbi Charles H. Rosenzveig was tion, vector control, or the prevention of ma- educated in the Jewish cheder and pres- colleague Representative PAYNE for intro- laria transmission via anopheles mosquitoes, tigious Bialystok Yeshiva, and studied the ducing this resolution. which includes a combination of methods such laws of his faith concerning the importance Every year, April 25 is recognized inter- as insecticide-treated bed nets, indoor residual of good deeds and social justice, and devel- nationally as Africa Malaria Day and in the spraying, and source reduction (larval control), oped exceptional knowledge of the Talmud, United States as Malaria Awareness Day. Al- has been shown to reduce severe morbidity the rabbinic interpretation of Jewish Law; though, malaria is a completely preventable and mortality due to malaria in endemic re- Whereas Rabbi Charles H. Rosenzveig en- and treatable disease which was eliminated dured and bore witness to the horrific atroc- gions. The impact of malaria efforts have been ities of the Holocaust, the Shoah, and mem- from the United States over 50 years ago, documented in numerous regions, such as in more than 40 percent of the world’s population bers of his immediate and extended family Zanzibar, where malaria prevalence among perished at the hands of the Nazis; is still at risk of contracting malaria. According children shrank from 20 percent to less than 1 Whereas Rabbi Charles H. Rosenzveig man- to the World Health Organization, nearly percent between 2005 and 2007, and in aged to escape his Nazi persecutors, fled 1,000,000 people die from malaria each year, Rwanda, where malaria cases and deaths ap- from Poland to the before im- the vast majority of whom are children under peared to decline rapidly after a large-scale migrating to the United States, settling at the age of 5 in Africa. I feel that the target of distribution of bed nets and malaria treatments first in New York City in 1947; ending malaria deaths by 2015 is an achiev- in 2006. Whereas Rabbi Charles H. Rosenzveig at- tended the world-renowned Yeshiva Univer- able goal that the United States must aid in A malaria-free future will rely on consistent accomplishing. sity in Manhattan and was ordained in 1951 international, national and local leadership, as a rabbi, leader, and teacher in the Jewish As chair of the Congressional Children’s and a comprehensive approach addressing community; Caucus, this resolution is important to me be- the range of health, development, and eco- Whereas, upon receiving the rabbinic des- cause roughly every 30 seconds a child dies nomic challenges facing developing countries. ignation, Rabbi Charles H. Rosenzveig led from malaria, and more than 3,000 children It is important that this Congress commits to Congregation Mt. Sinai in Port Huron, die from malaria every day. The malnutrition continued leadership in efforts to reduce glob- Michigan, where he served as spiritual leader and consequent chronic illness that result from al malaria deaths, especially through strength- until 1993, when he left the pulpit to devote childhood malaria leads to increased absen- ening health care systems that can deliver ef- his entire energy and spirit to the Holocaust teeism in school and perpetuates cycles of Memorial Center, a project he had envi- fective, safe, high-quality interventions when sioned since his escape from Europe; poverty. In addition to threatening the lives of and where they are needed, and assure ac- Whereas the Holocaust Memorial Center, children this disease also takes a great toll on cess to reliable health information and effec- established in 1984 at the Jewish Community women as well. Malaria poses great risks to tive disease surveillance. Center in West Bloomfield, Michigan, be- maternal health, causing complications during Mr. BOOZMAN. Mr. Speaker, I yield came the Nation’s first free-standing Holo- delivery, anemia, and low birth weights, with back the balance of my time. caust Memorial Center;

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11448 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 Whereas the Holocaust Memorial Center is father with a wife, Helen, and four chil- establish in West Bloomfield, which a monument to the memory of the victims of dren, one of whom followed in his fa- was later moved to a large state-of-the- the Holocaust, and an educational institu- ther’s footsteps into rabbinate and be- art museum in Farmington Hills, tion with a mission to teach the lesson of came a rabbi, many of us knew him as served as a model for many other Holo- tolerance to future generations, welcoming millions of visitors from around the world a path-breaking educator about the caust centers later built throughout wishing to learn about the horrors of the Holocaust and the founder of an impor- the United States. Holocaust in order to prevent such a tragedy tant Holocaust museum and memorial. I would like to thank my colleague from occurring again; His life story of survival, escape and from Michigan, Congressman PETERS, Whereas other Holocaust centers around renewal serves as a model for all of us. for introducing this measure which the country have been built, many modeled Though he escaped the clutches of the commemorates those who perished at on Rabbi Charles H. Rosenzveig’s original Nazis who invaded his native Poland, the hands of the Nazi regime and hon- Holocaust Memorial Center; Rabbi Rosenzveig lost much of his fam- ors the life and accomplishments of Whereas Rabbi Charles H. Rosenzveig trav- ily in the Holocaust. After making his Rabbi Charles Rosenzveig as a scholar, eled and spoke extensively to raise aware- way east through the Soviet Union, he ness and grow the Holocaust Memorial Cen- teacher, rabbi, and founder and direc- ter, allowing the Holocaust Memorial Center found refuge in the United States in tor of the Holocaust Memorial Center. to move from its original home in West 1947. After attending Yeshiva Univer- I urge all of my colleagues to support Bloomfield, Michigan, to a large, state-of- sity in New York City, he became the this important resolution. the-art museum in Farmington Hills, Michi- spiritual leader of Congregation Mount Mr. Speaker, I reserve the balance of gan, that also houses the Museum of Euro- Sinai in Port Huron, Michigan. In 1984, my time. pean Heritage and the International Insti- Rabbi Rosenzveig founded the Holo- tute of the Righteous; caust Memorial Center, a national free- b 1515 Whereas it was Rabbi Charles H. standing memorial to the horrors of Mr. PAYNE. Mr. Speaker, I yield to Rosenzveig’s vision for the new center to en- the Holocaust, in Farmington Hills, the sponsor of the resolution, the gen- lighten future generations about the horrors of the Holocaust and nourish a social con- Michigan. In 1993, he left the pulpit to tleman from Michigan, Representative sciousness whereby the ‘‘righteous acts of devote his energies full time to the PETERS, as much time as he may con- the few become the standard of the many’’; center. The center serves not only as a sume. and memorial to those who perished at the Mr. PETERS. I would like to thank Whereas Rabbi Charles H. Rosenzveig suc- hands of the Nazis but as a Jewish his- the gentleman from New Jersey for ceeded in providing the tools necessary for tory museum and an educational insti- yielding time. the message of ‘‘Never Again’’ to be under- tution dedicated to tolerance to future Mr. Speaker, I rise in strong support stood by future generations: Now, therefore, generations. of House Resolution 283, a resolution be it While it is fitting that Rabbi Resolved, That the House of Representa- that I authored to honor the life, tives— Rosenzveig’s memory and his many ac- achievements and contributions of (1) mourns the passing of Rabbi Charles H. complishments be noted here today, Rabbi Charles H. Rosenzveig. Rosenzveig and pauses to remember the the Nation’s other Holocaust museums, The late Rabbi Rosenzveig, who 6,000,000 Jews killed in the Holocaust and the many modeled after the center he passed away in December, was a schol- more than 11,000,000 people murdered in founded in Farmington Hills, form per- ar, teacher, Holocaust survivor, and a World War II; and haps the most enduring tribute to his founder of the Nation’s first free- (2) honors the life and accomplishments of achievements. We mourn the loss of Rabbi Charles H. Rosenzveig as a scholar, standing Holocaust Memorial Center in Rabbi Charles H. Rosenzveig and pay Oakland County, Michigan, the county teacher, rabbi, and Founder and Director of our respects to his family and to those the Holocaust Memorial Center. which I have lived my whole life and who knew him well. now have the honor to represent here The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of ant to the rule, the gentleman from in Congress. my time. This resolution is important to the New Jersey (Mr. PAYNE) and the gen- Mr. BOOZMAN. Mr. Speaker, I yield people of Michigan and has been spon- tleman from Arkansas (Mr. BOOZMAN) myself such time as I may consume. each will control 20 minutes. I rise today in support of H. Res. 283, sored in a thoroughly bipartisan fash- The Chair recognizes the gentleman honoring the life, achievements and ion by Representatives LEVIN, CAMP, from New Jersey. contributions of Rabbi Charles DINGELL, EHLERS, HOEKSTRA, UPTON, KILDEE, MCCOTTER, MILLER, ROGERS, GENERAL LEAVE Rosenzveig. Rabbi Rosenzveig was a Mr. PAYNE. Mr. Speaker, I ask Holocaust survivor, scholar, teacher STUPAK, and SCHAUER. unanimous consent that all Members and founder of the first freestanding I would like to commend and thank may have 5 legislative days to revise Holocaust Memorial Center in the Chairman BERMAN, Ranking Member and extend their remarks and include United States. Rabbi Rosenzveig passed ROS-LEHTINEN, and Vice Chairman extraneous material on the resolution away on December 11, 2008, but his life- ACKERMAN for their sponsorship of this under consideration. long efforts to keep alive the memory resolution and their leadership in mov- The SPEAKER pro tempore. Is there of the atrocities committed during the ing it through the House Committee on objection to the request of the gen- Holocaust and his commitment to Foreign Affairs. tleman from New Jersey? teaching the lessons of tolerance to fu- Rabbi Rosenzveig lost his mother, fa- There was no objection. ture generations will live on. ther, brother and sister in the Holo- Mr. PAYNE. Mr. Speaker, I rise in After surviving the horrors of the caust before fleeing to Poland and then strong support of this resolution and Holocaust, he immigrated to the the Soviet Union before immigrating yield myself as much time as I may United States in 1947 where he was or- to New York City in 1947. He led his consume. dained as a rabbi, became a respected class at the prestigious Yeshiva Uni- I rise in support of H. Res. 283, a reso- teacher in the Jewish community and versity in Manhattan and was ordained lution offered by Mr. PETERS of Michi- spoke extensively to raise awareness in 1951 as a rabbi. gan, honoring the life, achievements, about the Holocaust. Rabbi Rosenzveig He served his congregants at Con- and contributions of Rabbi Charles H. made it his personal mission to teach gregation Mt. Sinai in Port Huron, Rosenzveig. Although Rabbi new generations of the lessons of the Michigan, for decades before leaving Rosenzveig passed away last December, Holocaust, and he led the efforts in es- the synagogue to devote his entire en- I think it is extremely and particularly tablishing the Holocaust Memorial ergy and spirit to the Holocaust Memo- appropriate that the House honor him Center in West Bloomfield, Michigan, rial Center of West Bloomfield, Michi- now after having recently marked Hol- the first of its kind in the United gan, which he founded in 1984. ocaust Remembrance Day. States. Rabbi Rosenzveig traveled and spoke While Rabbi Rosenzveig will always The original Holocaust Memorial extensively to raise the awareness of be remembered as a loving husband and Center which Rabbi Rosenzveig helped resources needed to grow the Holocaust

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11449 Memorial Center, allowing the center b 1830 Donnelly (IN) Kratovil Poe (TX) to move from its original home in West Doyle Kucinich Polis (CO) AFTER RECESS Dreier Lamborn Pomeroy Bloomfield to a large state-of-the-art Driehaus Lance Posey museum in Farmington Hills, Michi- The recess having expired, the House Duncan Langevin Price (GA) gan, that also houses the Museum of was called to order by the Speaker pro Edwards (MD) Larsen (WA) Putnam Edwards (TX) Larson (CT) Quigley European Heritage and the Inter- tempore (Mrs. HALVORSON) at 6 o’clock Ehlers Latham Radanovich national Institute of the Righteous. and 30 minutes p.m. Ellison LaTourette Rahall The Holocaust Memorial Center, Ellsworth Latta Rangel f Emerson Lee (CA) Rehberg which has educated millions of visitors, Engel Lee (NY) Reichert stands to enlighten future generations ANNOUNCEMENT BY THE SPEAKER Eshoo Levin Reyes about the horrors of the Holocaust and PRO TEMPORE Etheridge Lewis (CA) Richardson Fallin Lewis (GA) Rodriguez nourish a social consciousness where- The SPEAKER pro tempore. Pursu- Farr Linder Roe (TN) by, as Rabbi Rosenzveig used to say, ant to clause 8 of rule XX, proceedings Fattah LoBiondo Rogers (AL) the ‘‘righteous acts of the few become will resume on motions to suspend the Filner Loebsack Rogers (KY) the standard of the many.’’ Flake Lofgren, Zoe Rogers (MI) rules previously postponed. Fleming Lowey Rooney Rabbi Rosenzveig was an extraor- Votes will be taken in the following Forbes Luetkemeyer Ros-Lehtinen dinary American who devoted his life order: Fortenberry Luja´ n Roskam Foster Lummis Ross to serving others. I was fortunate to H. Res. 230, by the yeas and nays; Foxx Lungren, Daniel Rothman (NJ) have the opportunity to meet him, and H. Con. Res. 111, by the yeas and Frank (MA) E. Roybal-Allard I was taken by his wisdom, vision, sin- nays. Franks (AZ) Lynch Royce cerity, and deep sense of caring for all The first electronic vote will be con- Frelinghuysen Mack Ruppersberger Fudge Maffei Rush people. ducted as a 15-minute vote. The second Garrett (NJ) Manzullo Ryan (OH) Please join me in paying tribute to a electronic vote will be conducted as a Giffords Marchant Ryan (WI) great teacher, scholar, leader, and the 5-minute vote. Gingrey (GA) Markey (CO) Salazar Gohmert Markey (MA) Sanchez, Loretta founder and director of the Holocaust f Gonzalez Marshall Sarbanes Memorial Center. I am pleased that the Goodlatte Massa Scalise House is considering this bipartisan RECOGNIZING THE SIGNIFICANCE Gordon (TN) Matheson Schakowsky OF CINCO DE MAYO Granger Matsui Schauer resolution, and I urge my colleagues to Graves McCarthy (CA) Schiff support the passage of House Resolu- The SPEAKER pro tempore. The un- Grayson McCarthy (NY) Schmidt tion 283. finished business is the vote on the mo- Green, Al McCaul Schock Green, Gene McClintock Schrader Mr. BOOZMAN. I ask my fellow tion to suspend the rules and agree to Griffith McCollum Schwartz Members to support this resolution the resolution, H. Res. 230, as amended, Guthrie McCotter Scott (GA) commemorating Rabbi Rosenzveig. I on which the yeas and nays were or- Gutierrez McDermott Scott (VA) Hall (NY) McGovern Sensenbrenner also appreciate Chairman PAYNE and dered. Hall (TX) McHenry Serrano the staffs on both sides of the aisle for The Clerk read the title of the resolu- Halvorson McHugh Sessions their hard work in bringing forth sev- tion. Hare McIntyre Sestak eral measures today. The SPEAKER pro tempore. The Harman McKeon Shadegg Harper McMahon Shea-Porter Mr. Speaker, I yield back the balance question is on the motion offered by Hastings (FL) McMorris Sherman of my time. the gentleman from New Jersey (Mr. Hastings (WA) Rodgers Shimkus PAYNE) that the House suspend the Heinrich McNerney Shuster Mr. PAYNE. Mr. Speaker, I would Heller Meek (FL) Simpson like to commend and express my appre- rules and agree to the resolution, H. Hensarling Meeks (NY) Sires ciation to the gentleman from Arkan- Res. 230, as amended. Herger Melancon Skelton sas who has worked very closely in a The vote was taken by electronic de- Herseth Sandlin Mica Slaughter vice, and there were—yeas 395, nays 0, Higgins Michaud Smith (NE) very bipartisan manner on many Hill Miller (FL) Smith (NJ) issues. It is a pleasure to work with not voting 38, as follows: Himes Miller (MI) Smith (TX) him as we continue to move forward [Roll No. 229] Hinchey Miller (NC) Snyder Hinojosa Miller, Gary Souder the needs of the people, not only of our YEAS—395 Hirono Miller, George Space country, but of the world. Abercrombie Bono Mack Clarke Hodes Minnick Speier I yield back the balance of my time. Ackerman Boozman Clay Hoekstra Mitchell Spratt Aderholt Boren Cleaver Holden Mollohan Stearns The SPEAKER pro tempore. The Adler (NJ) Boswell Clyburn Holt Moore (KS) Stupak question is on the motion offered by Akin Boustany Coble Honda Moore (WI) Sullivan Alexander Boyd Coffman (CO) Hoyer Moran (KS) Sutton the gentleman from New Jersey (Mr. Altmire Brady (TX) Cohen Hunter Murphy (CT) Tanner PAYNE) that the House suspend the Andrews Bright Cole Inslee Murphy (NY) Tauscher rules and agree to the resolution, H. Arcuri Broun (GA) Conaway Issa Murphy, Patrick Taylor Res. 283. Austria Brown (SC) Connolly (VA) Jackson (IL) Murphy, Tim Teague Baca Brown-Waite, Cooper Jackson-Lee Myrick Terry The question was taken; and (two- Bachmann Ginny Costa (TX) Nadler (NY) Thompson (CA) thirds being in the affirmative) the Bachus Buchanan Costello Jenkins Neugebauer Thompson (MS) rules were suspended and the resolu- Baird Burgess Courtney Johnson (GA) Nunes Thompson (PA) Baldwin Burton (IN) Crenshaw Johnson, E. B. Nye Tiahrt tion was agreed to. Barrow Butterfield Crowley Johnson, Sam Oberstar Tierney A motion to reconsider was laid on Bartlett Buyer Cuellar Jones Obey Titus Barton (TX) Calvert Culberson Jordan (OH) Olson Tonko the table. Becerra Camp Cummings Kagen Olver Tsongas Berkley Campbell Dahlkemper Kanjorski Ortiz Turner f Berman Cantor Davis (AL) Kaptur Pallone Upton Berry Cao Davis (CA) Kennedy Pastor (AZ) Van Hollen Biggert Capito Davis (IL) Kildee Paul Vela´ zquez RECESS Bilbray Capps Davis (KY) Kilroy Paulsen Visclosky Bilirakis Cardoza Davis (TN) Kind Payne Walden The SPEAKER pro tempore. Pursu- Bishop (GA) Carnahan DeGette King (IA) Pence Walz ant to clause 12(a) of rule I, the Chair Bishop (NY) Carney Delahunt King (NY) Perlmutter Wamp Bishop (UT) Carson (IN) DeLauro Kingston Perriello Wasserman declares the House in recess until ap- Blackburn Carter Dent Kirk Peters Schultz proximately 6:30 p.m. today. Blumenauer Cassidy Diaz-Balart, L. Kirkpatrick (AZ) Peterson Watson Accordingly (at 3 o’clock and 19 min- Blunt Castle Diaz-Balart, M. Kissell Petri Watt Boccieri Castor (FL) Dicks Klein (FL) Pingree (ME) Waxman utes p.m.), the House stood in recess Boehner Chaffetz Dingell Kline (MN) Pitts Weiner until 6:30 p.m. Bonner Chandler Doggett Kosmas Platts Welch

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11450 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 Wexler Wolf Young (AK) gressman, and beyond being a Cabinet ANNOUNCEMENT BY THE SPEAKER Wilson (OH) Woolsey Young (FL) Wilson (SC) Wu Secretary. To all those who knew him, The SPEAKER. Without objection, 5- Wittman Yarmuth he was an inspiration. He was a man of minute voting will continue. tremendous energy and enthusiasm and NOT VOTING—38 There was no objection. vibrancy. As a Republican, I can say Barrett (SC) Grijalva Price (NC) that he revolutionized our party, and, f Bean Inglis Rohrabacher Boucher Israel Sa´ nchez, Linda indeed, his economic policies were the RECOGNIZING THE 61ST ANNIVER- Brady (PA) Johnson (IL) T. heart and soul of the Reagan Revolu- SARY OF THE INDEPENDENCE OF Braley (IA) Kilpatrick (MI) Shuler tion. ISRAEL Brown, Corrine Lipinski Smith (WA) But his influence and his friendship Capuano Lucas Stark The SPEAKER. The unfinished busi- Childers Maloney Thornberry went across party lines. He was a man Conyers Moran (VA) Tiberi who was beloved by those of his own ness is the vote on the motion to sus- Deal (GA) Murtha Towns party and those in the opposition, even pend the rules and agree to the concur- DeFazio Napolitano Waters rent resolution, H. Con. Res. 111, as Gallegly Neal (MA) Westmoreland though I don’t think he ever called Gerlach Pascrell Whitfield them the ‘‘opposition.’’ amended, on which the yeas and nays I was fortunate enough to know Jack were ordered. b 1859 Kemp for more than 30 years. I’m proud The Clerk read the title of the con- So (two-thirds being in the affirma- to have considered him a friend. His current resolution. tive) the rules were suspended and the passing will be mourned by all of us. He The SPEAKER pro tempore (Mrs. resolution, as amended, was agreed to. was really a truly outstanding Amer- HALVORSON). The question is on the The result of the vote was announced ican. And certainly my thoughts and motion offered by the gentleman from as above recorded. prayers go out for his wife, Joanne, and New Jersey (Mr. PAYNE) that the House A motion to reconsider was laid on his children, all of whom loved him the suspend the rules and agree to the con- the table. way all of us who knew him loved him current resolution, H. Con. Res. 111, as Stated for: and cherished him. amended. Mrs. NAPOLITANO. Madam Speaker, on And with that I yield to the dean of This will be a 5-minute vote. Monday, May 4, 2009, I was absent during the New York delegation, Mr. RANGEL. The vote was taken by electronic de- rollcall vote No. 229. Had I been present, I Mr. RANGEL. I thank the gentleman vice, and there were—yeas 394, nays 0, would have voted ‘‘yea’’ on the motion to sus- for yielding. not voting 39, as follows: I would just like to join in by saying pend the rules and agree to H.R. 230—Rec- [Roll No. 230] those who knew Jack Kemp, you ognizing the historical struggle for independ- YEAS—394 couldn’t help but admire and respect ence and freedom of the Mexican people and him. He wasn’t just a quarterback for Abercrombie Capito Emerson request the President to issue a proclamation Ackerman Capps Engel the Buffalo Bills, but he was a quarter- recognizing that struggle and calling upon the Aderholt Cardoza Eshoo back for America and what’s good for Adler (NJ) Carnahan Etheridge people of the United States to observe Cinco America. Akin Carney Fallin de Mayo with appropriate ceremonies and ac- It wasn’t really working across the Alexander Carson (IN) Farr tivities. Altmire Carter Fattah aisle when working with him; it was Andrews Cassidy Filner f working with someone that was trying Arcuri Castle Flake to improve the life conditions of people Austria Castor (FL) Fleming MOMENT OF SILENCE IN REMEM- Baca Chaffetz Forbes BRANCE OF MEMBERS OF in this country no matter what color or Bachmann Chandler Fortenberry ARMED FORCES AND THEIR what religion they had. I worked with Bachus Clarke Foster FAMILIES him on the empowerment zones. I got Baird Clay Foxx all the credit; he did all the work. I Baldwin Cleaver Frank (MA) The SPEAKER. The Chair now asks worked with him on the African Barrow Clyburn Franks (AZ) that the House observe a moment of si- Bartlett Coble Frelinghuysen Growth and Economic bill. He was one Barton (TX) Coffman (CO) Fudge lence in remembrance of our brave men of the first to testify not because of Af- Becerra Cohen Garrett (NJ) and women in uniform, who have given rica but because it was the right thing Berkley Cole Giffords their lives in the service of our Nation Berman Conaway Gingrey (GA) to do. Berry Connolly (VA) Gohmert in Iraq and Afghanistan and their fami- When he became Secretary of HUD, Biggert Cooper Gonzalez lies, and of all who serve in our Armed everybody in public housing knew him Bilbray Costa Goodlatte Forces and their families. as the ‘‘godfather.’’ He would visit Bilirakis Costello Gordon (TN) Bishop (GA) Courtney Granger f when he was running for Vice Presi- Bishop (NY) Crenshaw Graves IN HONOR OF JACK KEMP, dent, and in Democratic districts, they Bishop (UT) Crowley Grayson would come out to pay respect to a guy Blackburn Cuellar Green, Al FORMER MEMBER OF CONGRESS Blumenauer Culberson Green, Gene that respected people regardless of Blunt Cummings Griffith (Mr. KING of New York asked and their color. So he was one of those peo- Boccieri Dahlkemper Guthrie was given permission to address the ple that when they asked, ‘‘What can I Boehner Davis (AL) Gutierrez House for 1 minute.) do for you? What do you need from Bonner Davis (CA) Hall (NY) Mr. KING of New York. Madam Bono Mack Davis (IL) Hall (TX) me?’’ it wasn’t just an expression. Jack Boozman Davis (KY) Halvorson Speaker, it is my duty to inform the Kemp really meant it. Boren Davis (TN) Hare House of the death of our friend and His wife, Joanne, was a partner. He’s Boswell DeGette Harman former colleague Congressman Jack got a great family. I know he’s in heav- Boustany Delahunt Harper Boyd DeLauro Hastings (FL) Kemp. en because he lived a straight life. He Brady (TX) Dent Hastings (WA) Madam Speaker, Jack Kemp served was a great guy. We all will miss him, Bright Diaz-Balart, L. Heinrich in this House for 18 years. Subsequent especially the New York delegation and Broun (GA) Diaz-Balart, M. Heller to that he served in the Cabinet of Brown (SC) Dicks Hensarling those who were honored to work with Brown-Waite, Dingell Herger President Bush. And prior to all that, him and respect the work that he has Ginny Doggett Herseth Sandlin he played for 13 years as a professional done. Buchanan Donnelly (IN) Higgins quarterback, achieving the status of Mr. KING of New York. Madam Burgess Doyle Hill Burton (IN) Dreier Himes All Pro on a number of occasions, being Speaker, I ask for a moment of silence Butterfield Driehaus Hinchey the AFL MVP in 1965, and to this day for Congressman Jack Kemp. Buyer Duncan Hinojosa holds many lifetime records as a quar- The SPEAKER. Members will please Calvert Edwards (MD) Hirono terback in the AFL. rise to observe a moment of silence in Camp Edwards (TX) Hodes Campbell Ehlers Hoekstra But Jack Kemp went beyond being a honor of our colleague, the Honorable Cantor Ellison Holden football player, beyond being a con- Jack Kemp. Cao Ellsworth Holt

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11451 Honda McKeon Ryan (WI) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Meanwhile, South Carolina is the Hoyer McMahon Salazar The SPEAKER pro tempore (during leader in the production of clean, via- Hunter McMorris Sanchez, Loretta Inslee Rodgers Sarbanes the vote). There are 2 minutes remain- ble and safe alternative nuclear energy. Israel McNerney Scalise ing in this vote. For over 30 years, South Carolina has Issa Meek (FL) Schakowsky b 1914 benefited with over 50 percent of elec- Jackson (IL) Meeks (NY) Schauer trical generation by nuclear energy. Jackson-Lee Melancon Schiff So (two-thirds being in the affirma- (TX) Mica Schmidt President Obama’s own Secretary of Jenkins Michaud Schock tive) the rules were suspended and the Energy, Dr. Steven Chu, agrees that Johnson (GA) Miller (FL) Schrader concurrent resolution, as amended, was nuclear energy ‘‘is going to be an im- Johnson, E. B. Miller (MI) Schwartz agreed to. portant part of our energy mix.’’ Un- Johnson, Sam Miller (NC) Scott (GA) The result of the vote was announced fortunately, some in Washington still Jones Miller, Gary Scott (VA) as above recorded. Jordan (OH) Miller, George Sensenbrenner continue to ignore this proven tech- Kagen Minnick Serrano A motion to reconsider was laid on nology. Kanjorski Mitchell Sessions the table. I hope my colleagues in Congress will Kaptur Mollohan Sestak Stated for: Kennedy Moore (KS) Shadegg listen to Secretary Chu. In the mean- Kildee Moore (WI) Shea-Porter Mrs. NAPOLITANO. Madam Speaker, on time, South Carolina families and citi- Kilpatrick (MI) Moran (KS) Sherman Monday, May 4, 2009, I was absent during zens throughout our Nation cannot af- Kilroy Murphy (CT) Shimkus rollcall vote No. 230. Had I been present, I ford a spike in their utility bills, their Kind Murphy (NY) Shuster would have voted ‘‘yea’’ on the motion to sus- King (IA) Murphy, Patrick Simpson gas bills or their food budgets. King (NY) Murphy, Tim Sires pend the rules and agree to H. Con. Res. I am grateful that Santee Cooper and Kingston Myrick Skelton 111—Recognizing Israel’s independence as a SCE&G are proceeding with two new Kirk Nadler (NY) Slaughter significant event in providing refuge and a na- reactors at Jenkinsville, South Caro- Kirkpatrick (AZ) Neugebauer Smith (NE) tional homeland for the Jewish people and lina, which will produce clean energy. Kissell Nunes Smith (NJ) Klein (FL) Nye Smith (TX) congratulates Israel’s people as they celebrate In conclusion, God bless our troops, Kline (MN) Oberstar Snyder the 61st anniversary of Israel’s independence. and we will never forget September the Kosmas Obey Souder f 11th in the global war on terrorism. Kratovil Olson Space Kucinich Olver Speier PERSONAL EXPLANATION f Lamborn Ortiz Spratt HEALTH CARE FOR ALL Lance Pallone Stearns Mr. CONYERS. Madam Speaker, due to Langevin Pastor (AZ) Stupak events in my congressional district, I was un- (Mr. KUCINICH asked and was given Larsen (WA) Paulsen Sullivan able to vote today. If I were present, I would permission to address the House for 1 Larson (CT) Payne Sutton Latham Pence Tanner have voted ‘‘yea’’ to H. Res. 230, recognizing minute and to revise and extend his re- LaTourette Perlmutter Tauscher the historical significance of the Mexican holi- marks.) Latta Perriello Taylor day of Cinco de Mayo and ‘‘yea’’ to H. Con. Mr. KUCINICH. Madam Speaker, 50 Lee (CA) Peters Teague Res. 111. million Americans have no health in- Lee (NY) Peterson Terry Levin Petri Thompson (CA) f surance. Another 50 million are under- insured. Lewis (CA) Pingree (ME) Thompson (MS) PERSONAL EXPLANATION Lewis (GA) Pitts Thompson (PA) And instead of creating a program Linder Platts Tiahrt Mr. BRALEY of Iowa. Madam Speaker, I that would provide insurance for all LoBiondo Poe (TX) Tierney was not present for votes on Monday, May 4, Loebsack Polis (CO) Titus Americans, the great debate in Wash- Lofgren, Zoe Pomeroy Tonko 2009, due to health reasons. If I was present ington is how we can continue to keep Lowey Posey Tsongas I would have voted: ‘‘yea’’ on rollcall 229, H. the insurance companies in business. Luetkemeyer Price (GA) Turner Res. 230—Reocgnizing the historical signifi- Think about it. Luja´ n Putnam Upton cance of the Mexican holiday of Cinco de Lummis Quigley Van Hollen America spends $2.4 trillion a year on Lungren, Daniel Radanovich Vela´ zquez Mayo and ‘‘yea’’ on rollcall 230, H. Con. Res. health care, but 1 out of every $3, $800 E. Rahall Visclosky 111—Recognizing the 61st anniversary of the billion a year, goes for the activities of Lynch Rangel Walden independence of the State of Israel. the for-profit health insurance compa- Mack Rehberg Walz Maffei Reichert Wamp f nies, corporate profits, stock options, executive salaries, advertising, mar- Manzullo Reyes Wasserman REMOVAL OF NAME OF MEMBER Marchant Richardson Schultz keting costs and paperwork. Markey (CO) Rodriguez Watson AS COSPONSOR OF H.R. 1214 Now, isn’t it time that we took away Markey (MA) Roe (TN) Watt Mr. ELLISON. Madam Speaker, I ask Massa Rogers (AL) Waxman the profit-making incentive in health Matsui Rogers (KY) Weiner unanimous consent to be removed as a care and created a system where there McCarthy (CA) Rogers (MI) Welch cosponsor from H.R. 1214. is health care for all, where everything McCarthy (NY) Rooney Wexler The SPEAKER pro tempore. Is there is covered? We have the money to do it. McCaul Ros-Lehtinen Wilson (OH) objection to the request of the gen- McClintock Roskam Wilson (SC) The question is whether we are going McCollum Ross Wittman tleman from Minnesota? to have health care for the people or McCotter Rothman (NJ) Wolf There was no objection. whether we are going to have insurance McDermott Roybal-Allard Woolsey f care using our money and our tax dol- McGovern Royce Wu lars to keep the insurance companies McHenry Ruppersberger Yarmuth NUCLEAR POWER VITAL TO in their profits. McHugh Rush Young (AK) ENERGY FUTURE McIntyre Ryan (OH) Young (FL) f (Mr. WILSON of South Carolina NOT VOTING—39 asked and was given permission to ad- NATIONAL FOSTER CARE MONTH Barrett (SC) Inglis Rohrabacher dress the House for 1 minute and to re- (Mrs. BACHMANN asked and was Bean Johnson (IL) Sa´ nchez, Linda vise and extend his remarks.) given permission to address the House Boucher Lipinski T. Brady (PA) Lucas Shuler Mr. WILSON of South Carolina. for 1 minute and to revise and extend Braley (IA) Maloney Smith (WA) Madam Speaker, the recently passed her remarks.) Brown, Corrine Marshall Stark budget and the upcoming climate Mrs. BACHMANN. Madam Speaker, Capuano Matheson Thornberry change legislation take a direct shot at today I rise in support of H. Res. 391, Childers Moran (VA) Tiberi Conyers Murtha the strained budgets of South Carolina which recognizes May as National Fos- Towns Deal (GA) Napolitano Waters families. Under an ill-advised cap-and- ter Care Month. DeFazio Neal (MA) Westmoreland tax proposal, families will see their Today there are over 500,000 children Gallegly Pascrell Gerlach Paul Whitfield electricity bills, gas bills and grocery in foster care across the United States, Grijalva Price (NC) bills go up. and my husband and I were privileged

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11452 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 to have raised 23 foster children in our we are today and tonight, Madam that were killed that day, that fought home. Speaker, there were 160,000 troops as- that day and bled that day, whether Madam Speaker, as a foster mother, I sembled on one battlefield. Over 100,000 North or South, were all Americans. know too well the challenges. And I am from the North and about 25,000 from And that’s why PETER WELCH and dedicated to changing public policy the South, and they participated in the myself and Robert Duvall were there and to raising awareness related to the 3-day battle called the Battle of the today to get the attention of Wal-Mart very special and individual needs of Wilderness. to not build on this sacred ground. Yes, foster children, so that families who Madam Speaker, this battle was so they have the legal right to do so, but support these children receive the re- intense that the wilderness itself, the they should move down the street, sources they need to help these really woods, caught on fire during the battle down the road a bit and build the Wal- great kids receive adequate support to and many from both sides burned to Mart that they want to build. help them to reach adulthood in a posi- death. Casualties were about 30,000. Because, you see, this ground is con- tive way. And if you take the number of men secrated by the blood of Americans, and women we have in Afghanistan and f and we don’t want Wal-Mart to pour Iraq tonight, 160,000 is approximately asphalt over the graves that are known SAFE ENERGY the number that we have in those two only to God himself. So they should be (Mr. POE of Texas asked and was theatres of war. They were assembled a good corporate neighbor and build given permission to address the House on one battlefield in the great Civil down the street. for 1 minute.) War. You know, they need to put respect Mr. POE of Texas. Madam Speaker, Madam Speaker, during the Civil for history over love for money. They since the Nation has no official energy War there were over 600,000 killed. If we need to put dignity for the dead over policy, we continue to discuss what took that and brought it into today’s lust for profit, because those that try shall we do about energy for the future. numbers, that would be about 5 million to destroy history will be tried and The cynics and the critics don’t want killed. convicted by history. us to use fossil fuels such as clean coal Today I had the honor to be with my Wal-Mart has got more money than or oil. They don’t want us drilling for good friend, PETER WELCH of Vermont, anybody. They can put their store any- even natural gas. and actor Robert Duvall, on this sacred place they wish. So we are asking them We can never build enough of those hallowed ground. We were there for to be good patriots rather than those gangly windmill eyesores to make several reasons, but the primary reason who seek the profit motive and go much of a difference. Solar energy was to preserve this battlefield. somewhere else. technology is still lagging behind in During the Battle of the Wilderness, PETER WELCH and I are good friends. development, and we are learning that Vermonters had especially high casual- We probably disagree on everything ex- the corn-based ethanol that was to ties. Of the 3,500 that went into battle, cept this one thing, that this land is save us all is too much of a pollutant 1,234 were killed. consecrated by the lives of Americans and a poor use of our own land. PETER WELCH of Vermont and myself who stood for some principle and died So what are we to do? Are we going had the privilege to go and see that lo- for that principle. to freeze in the dark or bake in the cation, that small area where they He said it best today when numerous global heat, depending on whether one were protecting the crossroads. This people were there. He said the land, the believes global warming is fact or fic- was the highest percentage of casual- Battlefield of the Wilderness, is the ca- tion? ties in Vermont history. Most of those thedral of sacrifice. Today I visited the North Anna nu- that were killed were from the small I agree with my good friend from clear power plant in Virginia. I was im- community of Woodstock. Vermont. It is the cathedral of sac- On the first day of battle, the Union pressed with their pride for safety, se- rifice, and we want to remember and troops were able to push the Southern curity and competence. This plant, preserve our history. We owe the dead troops away. On the second day of bat- along with 63 others, safely produces 20 that right, and Wal-Mart needs to tle, a Texas brigade, led by General percent of our Nation’s electricity. But move away. Longstreet, had arrived at the battle France gets 80 percent of its electricity And that’s just the way it is. after marching all night, 26 miles, at from nuclear power. f about 6:30 in the morning. So we should defy the cynics and the General Robert E. Lee was excited to RISING FORECLOSURES critics and produce energy from all see the Texas brigade, and he said the The SPEAKER pro tempore. Under a safe sources, including actively pur- Texans always moved them and, yes, previous order of the House, the gentle- suing more clean nuclear power, or we they did, they moved the Union forces woman from Ohio (Ms. KAPTUR) is rec- will eventually be left behind in the back a great distance. The general for ognized for 5 minutes. darkness of the winter night. the Texas Army said that ‘‘the eyes of Ms. KAPTUR. Madam Speaker, as And that’s just the way it is. General Lee are upon you,’’ and Lee in community after f rode with Texas. About 60 percent of community rises to double digits, and SPECIAL ORDERS those Texans who went into battle that foreclosures similarly rise, Wall Street day were killed. is at it again, milking both ends of the The SPEAKER pro tempore. Under Madam Speaker, all of the southern foreclosure debacle. the Speaker’s announced policy of Jan- States participated in this battle. As many of the banks who volun- uary 6, 2009, and under a previous order Eighteen of the northern States par- teered to do foreclosure moratoriums, of the House, the following Members ticipated in this battle, and there are along with Freddie Mac and Fannie will be recognized for 5 minutes each. stories like that from all States, this Mae, have ended those moratoriums, f sacred ground, where the Battlefield of foreclosures are rising again and ex- the Wilderness, took place. pected to continue to rise even with ad- WILDERNESS BATTLE—MAY 5–7, But today we are faced with another ministration programs up and running. 1864 battle, Madam Speaker, because the Between the first of this year and April The SPEAKER pro tempore. Under a giant corporation Wal-Mart wants to 22, in my home county of Lucas, the previous order of the House, the gen- build a Wal-Mart on that sacred major county I represent, 442 fore- tleman from Texas (Mr. POE) is recog- ground. You see, during the battle, closed properties have been sold. nized for 5 minutes. blood was spilled so much that one sol- Now, would you think that’s good? Mr. POE of Texas. Madam Speaker, dier said you can’t tell whose blood it Who do you think is buying those May 5, tomorrow, 145 years ago this was, and that’s exactly right, Madam homes? The very same institutions day, May 5, 1864, 90 miles from where Speaker. Every one of those troops that made the liars’ loans and

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11453 subprime loans in the first place, Deut- munities across our country. I would Currently, bankruptcy does not include deal- sche Bank, followed by Citigroup, by start with those that are now at dou- ing with one’s primary residence. The House Wells Fargo, by U.S. Bank, Fifth Third ble-digit in unemployment and fore- passed bill H.R. 1106 included ‘‘cramdown’’ and JPMorgan Chase, HSBC, you know closures. Saving them will save more provisions. Not ideal. Not what anyone wants the names, or their subsidiaries. than just those communities. It will to do, but a tool to help some of the most des- So, they foreclose, they buy, then begin to breathe life back into our Na- perate Americans settle debts and begin they sell, pulling profit each step of the tion’s economy. again. way, while destroying neighborhood It’s time Main Street was put ahead No such luck . . . the amendment in the after neighborhood, community after of Wall Street. And it’s time that this Senate to achieve such a path was defeated. community in their wake. Congress paid attention to what is hap- The New York Times editorial harkens this to When are we going to stop letting pening coast-to-coast. a negative feedback loop. . . . Wall Street make money coming and I will place in the RECORD material f going while people lose their homes from the New York Times of this week. WORLD PRESS FREEDOM DAY and our communities are destroyed? [From the New York Times, May 4, 2009] The SPEAKER pro tempore. Under a b 1930 AS FORECLOSURES SURGE ... previous order of the House, the gen- The Obama administration sat by last Now, who do they sell to? That’s in- tleman from California (Mr. SCHIFF) is teresting. All to absentee investors week as 12 Senate Democrats joined 39 Sen- ate Republicans to block a vote on an recognized for 5 minutes. who don’t care or don’t even know amendment that would have allowed bank- Mr. SCHIFF. Madam Speaker, Sun- where we reside. Absentee investors ruptcy judges to modify troubled mortgages. day, May 3, was World Press Freedom across our country and, in many cases, Senator Obama campaigned on the provi- Day. Three years ago, in conjunction across the world. sion. And President Obama made its passage with World Press Freedom Day, Con- Of the 442 properties sold—get ready part of his antiforeclosure plan. It would gressman , Senator CHRIS for this—93 percent—93 percent—were have been a very useful prod to get lenders DODD, Senator DICK LUGAR, and I es- sold to banks or to absentee investors. to rework bad loans rather than leaving the tablished the Congressional Caucus for I don’t call that community reinvest- modification to a judge. But when the time came to stand up to the Freedom of the Press. ment. I call that community banking lobbies and cajole yes votes from re- Since then, this bipartisan, bi- disemboweling, community disinvest- luctant senators—the White House didn’t. cameral caucus has sought to highlight ment. When the measure failed, there wasn’t even a the importance of free expression These buyers have no connection to statement of regret. around the world. The caucus is a Ohio or our community. They have no Mr. Obama’s plan to keep struggling Amer- forum where Members of Congress can tie to our people. They merely seek to icans in their homes now relies on lenders to come together to combat and condemn make more profit off the anguish of voluntarily rework bad loans. The plan pro- media censorship and the persecution places such as where we reside, through vides ample incentives, including payments to servicers who successfully modify loans of journalists worldwide. Our caucus the foreclosure process, as unemploy- and, in some cases, payments to mortgage works to send a strong message that ment skyrockets. Communities do not investors who agree to modifications. Wheth- Congress will defend democratic values have the tools to defend themselves er that will be enough remains to be seen. and human rights wherever they are from this predatory pillage. The administration estimates that its plan threatened. Realtors from our district are telling will prevent three million to four million We have hosted panel discussions us that the same banks purposely are foreclosures, but it will take several months with press freedom experts, journalists, slowing down short sales of properties, before there is enough data to evaluate. In and victims of press freedom crimes; pushing off sellers, and leaving prop- the past, however, voluntary modifications have failed to curb the rise in foreclosures. written to leaders of countries which erties vacant. Why? To make more The number of foreclosure filings in March jail journalists, impose censorship, and money again. was very high, with estimates between allow harassment, attacks, and threats Federal policy should support Main 290,000 and 341,000. to occur with impunity. We have spo- Street families regaining equity and Even if lenders do agree to modify loans, ken out here on the House floor and in hope. Wall Street is rigging every many Americans will still be in trouble. the media to call for reforms in coun- transaction to laden their pockets—at That’s because nearly 14 million homeowners tries that seek to censor freedom of the expense of the very taxpayers that are ‘‘under water’’—they owe more on their speech and expression. supported them when they were crash- mortgages than their homes are worth. In a bankruptcy, such homeowners would Just recently, Representative PENCE ing, and continue to support them as likely have their loan principal reduced, low- and I introduced the Daniel Pearl Free- they stabilize. Business as usual for ering their payments and helping them to re- dom of the Press Act, H.R. 1861. This Wall Street—never doing for others, build equity. In a typical voluntary loan bill is named in honor of former Wall but profiting at everyone else’s ex- modification, however, the monthly payment Street Journal reporter Daniel Pearl, pense. is reduced, but not the principal. That puts who was kidnapped and murdered by Foreclosures weaken communities. under-water borrowers at high risk of re- terrorists in Pakistan just 4 months Absentee investors do the same. We see default, because there is no equity to fall after the September 11 attacks. home prices fall, which leads to more back on if a financial setback leaves them unable to make mortgage payments. This legislation will establish annual foreclosures as communities weaken The negative feedback loop—foreclosures State Department reports on the sta- and mortgages go underwater. People beget falling home prices, which beget fore- tus of press freedom in every country in communities are drowning across closures, further weakening the banks—is in the world and create a grant pro- this country. To jump in and save them well under way. We hope the president’s plan gram aimed at broadening and will require creative, big picture-think- can break the loop, but without bankruptcy strengthening the independence of ing that goes beyond the gains of these reform it is going to be a lot harder. journalists and media organizations. big banks or the silos of governmental In fact, last week we lost what one can say Our government must promote free- programs and goes beyond the benefit was a final hope for some Americans. With dom of the press by putting on center of one institution over another. their mortgage completely underwater, credit stage those countries in which journal- We must let the FDIC and SEC deal card bills unpaid, home heating or cooling bills ists are killed, imprisoned, kidnapped, with troubled banks and their ledgers unpaid, healthcare bills unpaid and less food threatened, censored—and this will do and our financial system as they are on the table . . . they turn to bankruptcy. This just that. designed to operate. Any Federal agen- is the last chance and last hope for people A free and independent media pro- cy that deals with housing and fore- who have tried everything else humanly pos- vides the nourishment for democracies closures and jobs must join forces in sible to crawl out from under their debt. The to thrive and grow. Citizens rely upon designing funding mechanisms to radi- decision is hard. Their hearts and souls de- credible, accurate information from cally transform the most hard-hit com- moralized, they turn to bankruptcy. the media to make informed decisions

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11454 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 and hold their leaders accountable. In- hope the Sri Lankan government will Motors. At least it has been indicated formation is power, which is precisely drop these baseless charges and release through the media that Chrysler is why many governments attempt to J.S. before the trial resumes. going to be seeking recourse in the control the press to suppress opposi- So today, Madam Speaker, we recog- bankruptcy courts. tion and preempt dissent. nize World Press Freedom Day and call The reason I say it has been indi- Far too often, the reporters and edi- on nations like Sri Lanka to stop the cated is because, in the normal course tors who demand reform, account- persecution of innocent journalists. We of things, what you normally see is ability, and transparency find them- use this day as an occasion to pay trib- that the board of directors, through its selves at risk. The censorship, intimi- ute to journalists and to reflect upon chief executive officer, will have a vote dation, imprisonment, and murder of their role in advancing fundamental or will discuss the economic situation these journalists are not only crimes human rights. of the company and will come up with against these individuals, but they also I want to thank all journalists the fact that it’s just not going to be impact those who are denied access to around the world, especially those who viable. That at least they need the re- their ideas and information. work in harm’s way, for doing all they organization and the cancellation of In 2008, the Committee to Protect do to foster democracy and promote some of their debts to be able to main- Journalists reported that 41 journalists freedom. Your work does not go unrec- tain order within the company and be a were killed in connection with their ognized, and we appreciate your dedica- viable company. work. Another 125 were falsely impris- tion to this noble profession. But, in the case of Chrysler, the an- oned for their reporting. Unfortu- nouncement was made by President f Barack Obama to the media in a speech nately, 2009 is shaping up to be a simi- BIG THREE AUTOMAKERS that he made announcing Chrysler larly dangerous year, having already would go into bankruptcy—at least it’s seen 11 journalists murdered. The SPEAKER pro tempore. Under my personal opinion that I don’t be- For Americans, this should spur us to the Speaker’s announced policy of Jan- lieve at that time Mr. Obama held any consider the role that journalists play uary 6, 2009, the gentleman from Texas position in the corporate structure of in our society and to ponder what our (Mr. CARTER) is recognized for 60 min- Chrysler to speak on their behalf, other utes as the designee of the minority Nation would be like if this corner- than he is the President of the United leader. stone of our liberty were to be cur- States and he may have more knowl- Mr. CARTER. I think most people tailed. Many Americans take the con- edge than some of the rest of us, but it know I spent a little time in the courts cept of a free press for granted and would be normal for Chrysler to make of this country. I am going to start off don’t realize that an unfettered press is that announcement. vital to America’s national security this conversation by saying that I’m But then it would be normal for the and to our democracy here at home. not a bankruptcy judge, nor a bank- board of directors of Chrysler to fire But much of the world’s population is ruptcy litigant. And, in fact, I do not the executives of their company if they not as fortunate as we are when it claim any expertise whatsoever in the are not doing a good job, and it would comes to access to independent news. area of bankruptcy. But I have some be normal for the board of directors of Recent national news accounts have serious concerns that bother me about General Motors to do the hiring and highlighted American journalists being some things that are going on, and I firing of executives that they have detained on trumped-up charges in Iran would hope at least that the American hired to manage their company. and North Korea. people have these same concerns, be- March 29 of this year, President However, there are dozens of cases cause I really believe that the third Obama forced the CEO of General Mo- like these across the globe that don’t branch of our government, the Judici- tors, Rick Wagoner, to resign from his get attention. That is why each year, ary, is there for recourse for all citi- post. As far as anyone can tell, this as co-Chairs of the caucus, we host a zens, big and small. I think they are marks the first time in American his- Special Order hour to highlight coun- the fallback position, where politics tory that a United States President has tries whose abuses of press freedom are should not interfere, but due process directly intervened in the daily run- particularly egregious. should prevail. ning of an American business. In 2007, we focused on Russia, I believe that the protection of the So we start with that announcement. profiling the 18 journalists murdered in minority interests of whatever we may The CEO, Mr. Wagoner, is fired by the Russia during the administration of be doing, it is best protected in the President. Then, the President an- Vladimir Putin. Last year, we focused courts of our country. nounces—not the CEO of Chrysler, but on China and its incarceration of more I look at what is going on tonight the President—announces the bank- journalists than any other country. and have been trying to figure out— ruptcy of Chrysler. Later this month, we will host an- and, I’m going to tell you, you’re going This bankruptcy, under normal cir- other Special Order hour where we will to hear me ask a lot of questions to- cumstances, would go before a bank- focus on growing press freedom abuses night that I would like someone to give ruptcy judge. And we have a set of laws in Sri Lanka. Threats, attacks, impris- answers to, because I don’t understand that are established in this country— onment, and murders of journalists are where things are going. But I’m look- they are called creditors’ rights. And becoming all too common in Sri ing at what is going on with the auto- we have creditors that stand in dif- Lanka. mobile industry in this country. ferent positions when it comes to being This week is a particularly note- You know, the big three automakers repaid on debts, depending on whether they are secured or unsecured credi- worthy week for press freedom in Sri in this country have been symbols of tors, and we have a battery of laws Lanka. J.S. Tissainayagam, a contrib- corporate greatness for my entire life- that make that determination, and the utor and editor for a number of print time. We all can have a debate about bankruptcy court, doing a way more and online publications, will stand who made the best car, what is the best complicated analysis than I just did, car ever made, but most Americans trial on Wednesday, and he faces a pos- comes up with who gets paid what and sible 20-year sentence if he is con- would argue for some form of a GM car when and where and how and what hap- victed. He is being prosecuted for alleg- or Ford or a Chrysler as the best car pens; what assets are sold, all or part, edly inciting communal disharmony they ever drove. Our grandfathers and and these are laws that are on the related to articles that he wrote as our fathers have owned these vehicles books that pretty well anybody can go early as in 2006. and they have worked with these com- see, and they are from time-to-time In March of 2008, J.S. was arrested panies, and they have been respected changed by the legislative body. under emergency regulations and held and honored across this Nation. without habeas corpus for more than 5 Now, these companies are in trouble. b 1945 months before being charged. His trial At least two of them seem to be in a But we understand now from what is set to resume on May 6, but it is our lot of trouble—Chrysler and General the newspapers tell us that the Obama

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So the la- Party, the UAW, owns a controlling in- I am very disappointed that there borers of that company will be owning terest, 55 percent. seems to be some weakness that the 55 percent of Chrysler. Then, 35 percent There seems to be an assumption courts are not standing up for what of Chrysler will be owned by Fiat, a that when this is announced by the could be, and in my estimation would foreign company out of Italy, and other White House that this is the deal, even be, a large body of people whose defined places, I am sure. Then, 8 percent of though it seems that some of these pre- rights are being forced away from them Chrysler will be owned by the United ferred creditors have actually stood up by the heavy hand of the White House. States Government, and 2 percent of a little bit and said, wait a minute, we And the White House heavy hand is a Chrysler will be owned by the Canadian didn’t make this deal. But it seems dangerous place to be. Government. that these people are then, by the I will remind you that President I suppose, if we look at who is nor- White House, called not cooperative or Harry Truman seized the Nation’s steel mally involved in corporate structure, other things. mills during the Korean war in order to you would have stockholders and pre- In fact, it was reported in the news- avoid a shutdown during a strike. He ferred stockholders that are probably papers that they twisted the arms of could have sought an injunction bar- in there someplace; and, it looks like, these preferred creditors to a point ring the strike under the Taft-Hartley to me, that they are divested of any in- where they felt like they were being law, but instead he chose to seize based terest in this trade. threatened and not being able to look on his powers as Commander in Chief. Now, let me say that this should be out for the interest of their people. He specifically notified Congress of the something that the court makes a deci- And, of course, the finger was pointed right to reverse or endorse his action, sion based upon creditors law, but it to them as the big rich preferred credi- but Congress chose not to act. The Su- seems to be this is being shoved into tors, the big rich bondholders, when, in preme Court overturned Truman’s Ex- the hands of the court, with an an- reality, these companies were stepping ecutive order. nouncement by the White House say- up and saying: We are not going to be The legal questions were: Has the ing: This is a settlement these people threatened by the administration. We Congress granted the President the have agreed to, and you will do it this are going to stand firm. Because it is power to take possession of the prop- way. not just the couple of great big rich erty? The answer was ‘‘no.’’ Does the I wonder, who is looking out for the folks. They have got lots of people, in- Constitution grant the President the stockholder? I don’t own any Chrysler cluding other people’s pension funds, power to take possession of the prop- stock, but if I owned a share of Chrys- that are invested in their hedge funds erty? The answer was ‘‘no.’’ Is Tru- ler stock I would think that at one and their groups that own this interest. man’s Executive order in compliance point in time I owned a portion of the According to Thomas Lauria, Global with the Constitution? And the answer Chrysler Corporation, that I was one of Practice Head of the Financial Re- was ‘‘no.’’ the owners of the business. Because we structuring & Insolvency Group at The opinion written by Justice Black can cut through all the mystique of a White & Case, said that Perella said: All powers of the Presidency are corporate structure, the mystique that Weinberg Partners was directly threat- contained in the Constitution or in many call the bad guys, the big cor- ened by the White House and, in es- subsequent acts of Congress granting porations. But big corporations are sence, compelled to withdraw its oppo- specific powers to the Executive. The nothing more than a gathering of peo- sition to the Obama Chrysler restruc- contention that the aggregate power of ple who are called shareholders who in- turing deal under the threat that the the Constitution and acts of Congress vest their hard-earned money into a full force of the White House press create new, more far-reaching powers company, expecting that company to corps would destroy its reputation if it was rejected by the Court. Under the make profits and, in turn, return that continued to fight. Taft-Hartley Act of 1947, Congress has value to them by an increase in stock That statement should concern us addressed the precise issue of labor price and possibly a dividend. It is all. The White House press corps is sup- strikes and national security, and has Americans and others investing in posed to be a press corps that is gath- chosen not to grant the President the America. That is what a corporation is ering news and making inquiries, not right to break a strike. all about. becoming an arm of the White House or Likewise, nowhere in the Constitu- Now, whether it is a small corpora- the White House’s restructuring force tion is the Executive granted the right tion that is in Round Rock, Texas, that they are putting together to re- to seize power. An evaluation says where I come from, that maybe has 20 structure this deal for Chrysler. It Youngstown was instrumental in re- shareholders, or whether it is a giant should concern every American that affirming that the President cannot corporation like the Chrysler Corpora- the White House is threatening the use legislate, only execute legislation tion that probably has, who knows, a of those people who sit in those press passed by the Congress. million shareholders, those people have conferences supposedly asking the Black wrote: The Constitution limits invested their money and they have tough questions of the President, they his function in the lawmaking process some interest in that business, and are threatening that they can use them to recommending of laws he thinks through their representatives that to harm these individual bondholders, wise and the vetoing of laws he thinks they elect to the board, they sup- these bondholder companies. I think bad. The ruling limits the nature of the posedly have a voice in what is going there is something tragically wrong Executive order to carrying out the on. Yet, if this deal is the deal we are with that. limitation of laws already established talking about, I don’t see where these One of the questions I ask is where by Congress. shareholders, whether they be pre- are our courts in this situation. I Now, I guess the question that we ferred or whether they be ordinary mean, the stockholders are being left would have in what is going on in the stock shareholders, I don’t see where with their interests basically dissolved Chrysler case, and to some extent the they are accommodated at all. in the Chrysler Corporation. The bond- General Motors case, which we will get You can hear some criticize and say holders are being threatened by the to in a little while: Has Congress grant- that the Federal Government is taking press corps of the White House to the ed the President the power to take con- over the automobile industry. Of detriment of their shareholders to take trol of the negotiations of a private course, I am sure that they would possibly 25 cents or less on the dollar corporation and attempt to make a set- argue: Well, certainly not in the case of as part of the deal, when there are tlement to go before the bankruptcy

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And if go ahead and lay the supposed GM deal that power, nor do I think that the we are going to politicize—and as we that the White House is telling us Constitution grants President Obama look now to an appointment of a new looks like this is what they are recom- the power to take control of the nego- Supreme Court Justice—if we are going mending, and I read this one on the tiations to be submitted to a bank- to so politicize our court system as to front page of The Wall Street Journal. ruptcy court and to threaten those who take away the ability for the weaker Fifty percent of General Motors will be choose not to enter into these negotia- party to have a voice through politics, owned by the United States Govern- tions with abuse by the White House then there is something wrong. ment; 39 percent of General Motors will press corps that would harm their busi- We, as Americans, need to be asking be owned, again, by the UAW; 10 per- ness. I don’t think the Constitution in that question, and I would challenge cent of the company would be owned by any way, form, or fashion grants that my colleagues to start thinking about the bondholders, so at least the bond- power to the President of the United this: At what point in time does the holders of General Motors are going to States. And I think what is going on President have to follow the Constitu- end up with 10 percent ownership. And with the White House and its heavy- tion, or at least does the Congress have the stockholders are going to do all handed manipulation of the duties and to grant him powers before he can do right, too. They are going to go from at responsibilities of the bankruptcy these things? least more than 1 percent, they are court is nowhere granted by Congress That is just Chrysler. Now, the GM going to go from some percentage of or by the Constitution of the United deal, President Obama hasn’t an- GM down to 1 percent. So if you’re the States. nounced yet that they are going to the proud owner of GM stock, then all of I think Americans ought to be look- bankruptcy court. But they are trying the stock that is out there is going to ing at this, and Americans ought to be to work out a settlement. be worth 1 percent of General Motors. concerned about this. These are private Oh, going back to the Chrysler deal, One of our Members was telling me businesses owned by private people who doesn’t it bother anyone that the deal that he owned, I forgot what he said, borrowed money from other groups of we are making is taking control away 1,000 shares of General Motors or some- people who either are shareholders or from the American stockholders and thing like that. The diluted price is es- lenders in some form or fashion whose from the board of directors of Chrysler timated to be somewhere between two rights are defined by law. And for the and giving ownership to the labor cents and a nickel a share for General President of the United States and the union? I don’t see any indication that Motors stock—General Motors, that White House to intervene to force a the labor union is making the assump- great icon of American industrial settlement to be submitted to the tion of any of these debts or contrib- might. Many pension funds, teachers’ court and then ask the court to basi- uting any money to this project. They retirement funds and other people in- cally rubber-stamp that settlement are just being rewarded for being a vested in them because they were like without looking to the protection of labor union. Now where is the logic in the American flag. They were Amer- these other rights of the other individ- that? And then what are they going to ican industry at its best. And now all uals that are involved, to me, these do? Thirty-five percent of that is going those people and all those funds that raise questions that we need to be ask- to be Fiat. I have nothing against Fiat. invested in stock are going to own 1 ing; because if the government can do I actually owned one at one time. So percent of a company where they used this to the Chrysler Corporation and let me lay my cards on the table. It to own most of the company. the millions of stockholders that own was a neat little yellow convertible, They are going to take the burden, Chrysler Corporation, who else could and my wife told me I couldn’t keep it, the great burden, of the mistakes made they do it to that stood in the way of but I owned one for a while, and it was by General Motors and, I would argue, their negotiations? And where does the fun and a good car. that overwhelming pressure put on by Constitution or the Congress authorize But now we are basically turning the United Auto Workers to maintain, the President of the United States to Chrysler over to a foreign company. I at all costs, their right of contract. heavy-handedly negotiate in this pri- don’t have anything against foreign There are written and unwritten con- vate situation? And where does it au- companies. We are in an international tracts, but the contract is sacred in thorize the turning over of 55 percent world. But let’s get a reality check America, and the unions certainly of the business to the laborers who here. The President of the United stand up for the rights under their con- work there in the form of the owner- States is putting together a deal to tract. But under creditors’ rights, ship by their union? And why isn’t it turn Chrysler over to a foreign com- there are rights, too, that are created quid pro quo, when you look at what pany in a foreign country. And you can by law. And a person who does some- that union had done? bet your boots that one of these days thing and buys stock or invests in a In 2008, according to reporting that the word ‘‘Chrysler’’ won’t be in our bond, those people have the right to has been done, according to Open Se- vocabulary anymore. I hope and I wish rely upon the law to protect them, just crets, the UAW gave 99 percent of its Fiat all the best, but realize that it like a contract. But it seems that political contributions to the Demo- will be the ‘‘Fiat Company of North every day as we go forward in the crats in the 2008 cycle. If you give 99 America,’’ or at least logic would seem Obama administration, the sanctity of percent, then you own 55 percent of the to make one think so. contracts seems to be of less and less company. Is that the way it is supposed All of this is to make sure that we importance, and, truthfully, that will to work? Shouldn’t some court some- meet a pledge that the President of the be terrible for this Nation. where ask that question? Shouldn’t United States made to the UAW that I am very pleased and blessed to have some courageous litigant somewhere he would protect their benefits and my friend, a good friend from Iowa, stand up for the rights of the stock- pensions. The government didn’t pro- STEVE KING, to be here with me to- holder, stand up for the rights of the tect the benefits and pensions of the night. I will yield to him such time as bondholders, speak out for those pre- Delta pilots when Delta went bank- he may wish to consume. ferred creditors? Shouldn’t someone be rupt. So why, all of a sudden, is the Mr. KING of Iowa. I thank the gen- going to court and speaking out on government going into ownership of tleman and judge from Texas for tak- these people’s behalf? this company and taking direct direc- ing the lead and coming here to the tion of this company to make sure that floor to help convey this message b 2000 it benefits this labor union rather than across the country as he addresses you I have real concerns because I start another labor union? It is a question and as I address you, Madam Speaker. from the premise that I believe that that we ought to be asking. It is a As I listen to this, the transition goes, that third branch of government that I question some court ought to be look- the segue handoff goes to AIG. I hap- served in for 20 years is there for the ing into. This concerns me. pened to look at the AIG story that is

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11457 there today. ‘‘AIG nears sale of head- many of us tried during that period of we used to talk about, well, let’s just quarters in Japan for $1 billion.’’ We time. say millions, $1 million here, $1 million look at the AIG, the big Federal bail- This thing unfolded with Fannie Mae there, and pretty soon you have some out that is there, the effort to block, and Freddie Mac being nationalized, real money. But trillions work out this after the fact, the bonus packages, the AIG effectively being nationalized and way. I don’t know how much corn they retention bonuses that were paid under spinning off the headquarters in Japan raise in Texas, but I can tell you how the contract, the sanctity of the con- for $1 billion or so. And then we heard much we raise in Iowa. We will raise tract, as the judge said. And what hap- the gentleman from Texas, the judge, about 21⁄4 billion bushels this year for pened was this process here in this talk about Chrysler, well, formerly 2009. And if it is worth a little better Congress raced too far too fast. And Daimler Chrysler, now Chrysler, and than 4 bucks, which it probably is not there was a big TARP bill that passed this push merger that goes on with going to be in this economy, it is about last fall before the Presidential elec- Chrysler and Fiat—I never owned a $10 billion worth of corn. That is about tion. Half of it, $350 billion of that, was Fiat. I want to make that clear to the what that crop is worth. made available pretty close to right gentleman from Texas. But I probably Now, if all of our producers took all away. Another $350 billion had to go to would have enjoyed it if I had had of their input costs and put all their the next Congress. Most of that money one—and the de facto nationalization labor, all their land prices away and was going to be spent by a Secretary of of General Motors Company. they swallowed all that and just gave the Treasury to be named later by a Now, that should alarm Americans. that corn crop at market prices to help President to be elected later, Madam It alarms me that there was a poll that pay down the deficit, let’s just say to Speaker, and that is what happened. went out about 1 month ago that found help pay down $1 trillion, they could So those $700 billion went forward, that only 53 percent of Americans said take the 2009 crop, the 2010 crop, the the $787 billion on the stimulus plan they believe in capitalism. Now I didn’t 2011 crop, all the corn we raise, give it and the $410 billion on the omnibus see the exact text of the question. I to the government to pay down $1 tril- spending bill, 1,222 pages stacked up think they have to believe in free en- lion, and when they paid down the $1 that high. They arrived at 11 o’clock at terprise in a bigger number. They trillion in real present value, the 2108 night and were brought to the floor the might think capitalism is something crop, 100 years would be how long it following morning. We were asked to not quite as clean and pure as free en- takes to accumulate $1 trillion with all read 1,222 pages, or have staff read all terprise, but we have got to believe in the corn that Iowa can raise, an entire that, and figure out what was in it, and our market system. century of corn for $1 trillion. And now then figure out what was not in it and This free enterprise capitalistic sys- we can think in these terms: dollars, draw a good judgment on all of this. tem that we have in the United States corn. This was pushed through, shoehorned of America is the engine that defeated Put it in another term here, that is in and rammed through quickly for po- the Soviet Union in the Cold War. For only $1 trillion. I said that into the litical reasons, I believe, Madam 45 years, we fought a Cold War, and we RECORD, Madam Speaker. All the corn Speaker. were playing chess and Monopoly on that Iowa can raise in 100 years is only The AIG loophole was actually writ- the same board. And the question was, $1 trillion, and it is only compared to a ten into the bill. We don’t quite know will the Soviet Union checkmate the $9.3 trillion deficit approved by this yet whether it was the chairman of the United States militarily with their budget that was just passed out of here Senate Finance Committee or whether ICBM missile endeavor before we bank- the other day, 9.3 trillion. Now, how it was the White House that actually rupt them economically? On that long does it take to pay off $9.3 trillion had the most influence in that. We board, chess and Monopoly on the same at present value? That would be—I know there was communications going board, this American free enterprise have to round this a little bit so I can back and forth between the White system defeated the Soviet Union and do the math in my head. That would be House and the Chair of the Finance won the Cold War without technically 1,000 years of all the corn that Iowa can Committee and the Senate, and they firing a shot because our economy has raise with no expenses deducted from wrote language in there that was a been, and remains, the strongest in the it, the gross value of that crop as it loophole that allowed for major, major world, the most robust in the world, comes out of the field and will be deliv- bonuses to be paid. First it was $165 the most resilient in the world and the ered, 1,000 years of all the corn Iowa million. Then it went up to $200 mil- most adaptable in the world because it can raise just to offset the deficit cre- lion. Then it got up to about $240 mil- rewards entrepreneurs better than any ated by the budget that was proposed lion that went into bonuses for people other in the world and because we have by this White House and passed by this who had led a company into disastrous created a favorable tax arrangement Congress. ruin. and a favorable regulatory arrange- So now we are watching some of the ment compared to, let’s just say, Euro- b 2015 spin-offs. This is some of the effort, pean socialism. And then if we thought we were going some of the nationalization that goes But our President, Madam Speaker, to pay off the national debt, that is an- on. Fannie Mae and Freddie Mac were has drawn a different message. He has other $11.5 trillion or $11.8 trillion, and nationalized. They were organizations, drawn a different message from the you add that to the $9.3 trillion deficit, companies, that should have been cap- New Deal in the 1930s. The message and these numbers I am looking at are italized and regulated. We tried to do that he has drawn is that the failed $20.8 trillion to $23 trillion depending that on the floor of the House of Rep- New Deal actually would have suc- on who you ask for that number. But resentatives, Madam Speaker, and we ceeded if FDR had not lost his nerve let us say $20 trillion, the downside, were blocked at every turn by some ef- and spent a lot more money. And this that would be all of the corn at present fort on the part of Republicans and a President has not lost his nerve. He has value and at present yields that we big effort on the part of Democrats. spent a lot more money. He has spent could raise in Iowa for the next 2,000 They argued, especially right now the so much money that I look for the vi- years. Or if you want to back up, take chairman of the Financial Services brations and reverberations down it back to the birth of Christ. That is Committee came to this floor and ar- there. I would just think that FDR what it would take to pay off the na- gued, Fannie Mae and Freddie Mac are would be rolling over in his grave right tional debt and pay off Obama’s deficit not in trouble. They don’t need to be now watching the trillions of dollars by his budget. President Obama, I capitalized. They don’t need to be regu- that have unfolded. should say. lated. I don’t see any problem there. I have expressed this before that On top of that, what we have, Madam I’m going to oppose any efforts. The when we say ‘‘trillions of dollars,’’ Speaker, is the nationalization of great gentleman who is now the Chair these trillions are being discussed American companies. Great companies, undersells his persuasive ability. But across America in the coffee shops as companies that grew right out of the

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11458 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 entrepreneurship of the can-do spirit of tled a continent because we had entre- happen is a sad, sad tragedy that is not receiving a reward for value invested, preneurs that could go out and struggle bringing the alarm in this country that invest some dollars and put some in- and receive on their investment for I think it ought to bring. vestors together, and put together their labor and brains and for their in- I am greatly disturbed by what I see, some shareholders, crank out a com- tuitiveness, that is how we settled this and these are not speculations; these pany that is going to start making cars country. And now we are to the point are the facts. These are after-the-fact and sell to the market. And sometimes where we have the radical nationaliza- facts that are there. History can’t even go out and create the market, tion of major American companies, write it any other way unless somehow which Henry Ford did. Henry Ford ac- General Motors, Chrysler, on the same they wake up tomorrow morning and tually created a market for him to sell day. And you would think if a Presi- decide they are going to start selling to. dent thought that he needed to do that shares off to some private interest so You have heard the numbers from in order to save a company, that he that the stockholders can start to run Judge CARTER. would have at least been wise enough the company again, and maybe they Today, well, 50 percent of General to keep his fingerprints off it, but he can decide whether they want to fire Motors is owned by President Obama. took credit for it. He took credit for it. the CEO rather than the President of And representing the United States of He did the press conference. He did the the United States. And the President of America, representing the nod. He did the smile. the United States has also decided disenfranchised taxpayers that will be I am sitting there appalled that there what people can collect for a salary paying off the debt and not receiving could be such a thing taking place in and what they can’t. any return on this particular invest- this country, and with a disregard for And they have put money into the ment, 39 percent, you heard the num- what made this a great nation. And one banks, and some of the banks are re- ber right, from the UAW, the union, of the central pillars of American sisting it. They want to give the money back. The President doesn’t want to own shares in the company. And what exceptionalism is free enterprise cap- take the money back. He doesn’t want did they pay for those? Maybe they ac- italism, and you cannot deny that from to denationalize the nationalized tually did, if the shares are down to a a historical perspective. But he did banks. couple of cents, but I don’t know those that. And he said, I will work to pro- numbers. And the bondholders are re- That sounds like I might be impugn- tect your benefits, to the unions. ing his motives. And I tell you, I look duced down to 10 percent, and the And NANCY PELOSI, the formal at the facts. Here is how I draw this stockholders 1 percent. Speaker of this House, said she is not conclusion, Madam Speaker. This is This is a nationalized company. Isn’t going to give the automakers bar- the 12 of 14 rule. With the mortgage- anybody alarmed about this? Didn’t gaining leverage over the unions. When anybody see the image down in Central backed securities, the toxic mortgage you see the unions are stepping in in America when we saw the glad-handing debt that is out there, the proposal ownership, I have to take you back to and the extra hand up there on the arm that came out about 3 or so weeks ago, a Web site that everybody in America of Hugo Chavez, the happiness that it was on a Monday, we get these pro- should visit, and it is the Democratic showed the big, grinning faces that posals on a Monday. Work on them all Socialists of America, DSA.org. And on came from President Obama and Hugo weekend long, Monday morning you that Web site, you can read some Chavez, sending an image to the world get a new idea, and another new idea, things. that they are good buddies. and it comes at you over and over One says, ‘‘We are not communists.’’ I see two things when I see that again like a cannon going off every image. One of them is Hugo Chavez, Okay. Well, I need to understand that Monday morning, sending shock waves standing at the podium at the United distinction. So I read that carefully. It through our economy. Nations the day after President George says we are not communists because But this rule, 12 of 14 rule works out W. Bush spoke to the United Nations communists believe in the nationaliza- to be like this: If an investor will part- and calling our President in Spanish tion of everything. They think that ner with the President in picking up the devil, El Diablo, and saying there is they should own all of the properties this toxic debt on these mortgage- a stench that still lingered at the po- and all of the companies and tell every- backed securities, a regular investor, dium, to snickers of laughter from the body what to do and what to make and like Judge CARTER, for example, could people sitting in the United Nations what they are going to make. And so- lay $1 down on the table and then the funded by Americans. cialists are not really like that. They Federal Government will match it with And what is the message that the recognize there is merit to have little one of your tax dollars. So there are $2 world gets, glad-handing, big grins, mom-and-pop shops running around on the table. And then there are loan President Obama, President Hugo Cha- making donuts, probably not selling guarantees that are guaranteed for the vez? They get the message that there is gas anymore, but running the barber balance. And this is a $14 package, $12 no penalty for insulting the United shop and the flower boutique. So they worth of loan guarantees, guaranteed States or declaring the United States say, we don’t want to nationalize ev- by President Obama, your tax dollars. to be your enemy. There is a reward for erything; we just think that the major So there is $12 worth of skin on the it. There is a happy image to send corporations should be run for, get table from the taxpayers that are loan around the world. this, ‘‘the benefit of the people affected guarantees. There is another dollar on The second thing, the second message by them.’’ the table from the taxpayer that is is the one that I get, and that is two What does that tell you? Running matching the $1 that Judge CARTER in- leaders of their representative coun- major corporations for the benefit of, troduced for his investment. The indi- tries, one of them, the leader of the which is it, the unions or the cus- vidual has a 7 percent investment, and free world, standing side by side grin- tomers? It sure in the world is not the the taxpayers will have a 93 percent in- ning at the cameras, each of them had shareholders and the bondholders. But vestment. And so how do you think you nationalized at least one important it is for the unions, the labor unions, might split some kind of an investment company in their country within a 30- the employees, one might say, or the like that? day period of time. And in President customers. I would think, okay, I will give you 7 Obama’s case, he way out did Hugo And so we have now national social- percent of the profits for your 7 percent Chavez when it comes to the socializa- ism in America. The nationalization, of the investment. But President tion of major corporations. He nation- socialization of these major companies, Obama says no, no, no. I want you to alized General Motors and he national- 50 percent of General Motors to the have half of the profit, Judge. You can ized Chrysler all in the same day; and Federal Government, deemed by the take half the profit for your 7 percent he stepped up and took credit for it. President, 39 percent to the UAW, 10 investment, and the Federal Govern- This free enterprise country, this percent to the bondholders, 1 percent ment, the taxpayers, will take 93 per- country that forged freedom and set- to the stockholders. And watching this cent of the risk and even that wasn’t

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11459 good enough. Then the President says, magic myth that is created by those ried—although I am happy to see that why would we want to tax the people who would like to socialize this coun- this New York law firm is involved. I who are our partners? So now they try that we are talking about fat cats. would hope that good litigants—be- don’t want to tax 50 percent of the We are not talking about fat cats. We cause I believe in the justice system— profit that you get for 7 percent of are talking about the ladies down at would use the justice system to protect your investment, they want to waive the Catholic church that got together the rights of these creditors. I would the tax on that. and decided they would have an invest- hope they would do that. Now, if we were in desperate condi- ment club. And they all put a little bit I would hope that we would realize tion and we needed to figure out some- of their egg and butter money, as my that neither this Congress nor the Con- thing to do with these toxic debts and grandmother used to say, in a little pot stitution of the United States has mortgage-backed securities, maybe and said, now let’s sit around and study given the White House or the President that would be an act of desperation the stock page in the newspaper and of the United States the kind of power where you put together a package like let’s buy ourselves some stock. and authority that he is executing and that, and you can say, I am partnering A lot of them made a whole lot of utilizing on these two car companies. with the private sector. This really money and lost a whole lot of money And then we find out that we’ve got isn’t the nationalization of the mort- during the dot-com boom of the 1990s. some folks that—they have already gage industry; I really didn’t follow But those were not fat cat investors. said that they would take common along on what we did to Fannie Mae Those were little old ladies at the stock in the banks, so they want to be and Freddie Mac. No, this is a free en- Catholic church, okay, or at the Meth- stockholders when it comes to the terprise endeavor. odist church or at the Baptist church banks. They want to vote that stock Well, it doesn’t work out this way. or the bridge club or whatever. They and control those banks. They want to Some of us, and I introduced legisla- are your neighbors. They are the peo- take majority interest in our large tion to do this, would suspend the cap- ple who live next door to you. They are banks. That is another nationalization ital gains tax on those investments the people your children go to school of an industry. that pick up the toxic debt. But we with, their parents; and even the kids’ And so some of the banks said, you couldn’t suspend those. That idea was college funds are invested in things know what? We see the handwriting on off the table in a heartbeat. The chair- like General Motors and Chrysler. the wall. We see that freight train com- man of the Financial Services Com- So when we nationalize these indus- ing down the track right at us. Here’s mittee swept those things off the table tries, when we take it out of the hands your money back. We don’t want your immediately. So we couldn’t give a tax of the people who own it, which is the TARP money, take it back. And they break to willing investors, but we stockholders, and we don’t give them, are refusing to take the money back would give a tax break if you partner defend their rights as stockholders, we and threatening to charge massive pen- with the Federal Government. We can’t make a deal through the pressure of alties if the banks return the money suspend income tax on the profits made the White House. that the American taxpayers provided by most who pick up mortgage-backed b 2030 to bail out banks in this TARP pro- gram. If they don’t need the money and securities because that would be, what, You know, interesting statement, free enterprise capitalism that had a they want to give it back, what in the this is one of the lawyers talking about world is wrong with that? Except you favorable tax situation that could what happened to the bondholders in no longer control the bank when they come in and rescue this situation with the Chrysler deals. He said, ‘‘One of my give the money back. You no longer willing investors. clients was directly threatened by the can control the deals that are made That confirms for me that this Presi- White House and in essence compelled dent is determined to nationalize, na- with Chrysler by twisting the arms of to withdraw his opposition to the deal the banks. You no longer can control tionalize, nationalize until we become under threat that the full force of the American industry. And that is the nationally socialized big business in White House press corps would destroy kind of thing that these trillions of America, exactly verbatim within the his reputation if he continued to fight. dollars that we’re spending, we, as model plan that is on the Democratic That was Perella Weinberg,’’ Tom Americans, should be deathly afraid of, Socialists of America Web site, dsa.org, Lauria, the head of the bankruptcy de- that there are people who would con- where it says we just want to nation- partment for the top New York City trol our Nation with the money that alize the big companies and run them law firm of White & Case, told a WJR we give them out of our pocket and we for the benefit of the unions and the 760 radio host. permit them to borrow in our name benefit of perhaps the customers, but He goes on to say down here, ‘‘Some that we are going to have to pay back. not for the benefit of the shareholders. of the critics charged that the adminis- I remember what I told my children That is the scenario today. I thank tration used leverage to provide TARP as soon as they could understand the gentleman for yielding, and appre- funds to force banks to comply with English: the United States Govern- ciate him leading this Special Order. this deal. In other words, investors like ment, nor any other government, never Mr. CARTER. I thank the gentleman. JPMorgan Chase, who also were bond- made a dime; they took it from you. I want to point out a couple of things holders in this Chrysler deal—the old Mr. KING of Iowa. Will the gen- so we don’t get off into this magic TARP fund deal that we’ve been talk- tleman yield? world that has been created by our ing about now for months—was all of a Mr. CARTER. I yield. Democrat friends and the media, that sudden the twist to make them get in Mr. KING of Iowa. I thank the gen- stockholders are some sort of exotic, line. And what happened was this tleman from Texas. wealthy billionaires that own all of group that Mr. Perella Weinberg was It just brings to me a number that these companies. involved in, they didn’t take any TARP was reported in the aggregate, the The teachers retirement system of funds, so they didn’t have the twist. union contributions, political contribu- Texas probably owns General Motors And they stood up. And what did they tions for the last election cycle, 45 bil- stock. I don’t know, I haven’t looked do? They threatened them with the lion dollars. And now we see a Presi- into it. But back when General Motors White House press corps. I’m sorry, dent and a Speaker of the House, and was $60 or $70 a share and everybody when I was a kid, this doesn’t sound others, who have decided that they are was proud to be an American, I am sure like the America that we grew up with. going to make sure that there are that pension funds for our teachers This sounds like the people we used to shares in the hands of the workers around this country invested. So those fight. This sounds like Joe Stalin and without a transfer of wealth? But just people would be looking at a 2-cent some of those people that threatened simply—apparently they are good value or a 3-cent value or a nickel their way to power. workers, all right. They think they are value for stock that they paid $60 or $70 I am telling you, we ought to be wor- good campaign workers, that’s what I a share for. So don’t get into this ried about this. And I am deeply wor- hear.

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.000 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11460 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 This question now troubles me, as I CONGRESSIONAL BLACK CAUCUS that one of our vulnerabilities to the listened to the gentleman discuss this, The SPEAKER pro tempore. Under possible pandemic is our deeply flawed with the teachers’ salary, Teachers the Speaker’s announced policy of Jan- medical system.’’ And he quotes from Union salary, and perhaps as invested uary 6, 2009, the gentlewoman from the Deborah Burger, the co-president of the in General Motors and Chrysler. And a Virgin Islands (Mrs. CHRISTENSEN) is California Nurses Association, the Na- big part of that portfolio perhaps is spi- recognized for 60 minutes as the des- tional Nurses Organizing Committee, raling downward—has spiraled down- ignee of the majority leader. who says, ‘‘From SARS to avian flu to ward. Now, if you take the position Mrs. CHRISTENSEN. Madam Speak- the current escalating outbreak of that the President has, ‘‘I will protect er, it is my honor to be here to host swine influenza, it has become increas- your benefits,’’ and the position that this hour on behalf of the Congres- ingly clear that we are risking a major the Speaker is taking, ‘‘I am not going sional Black Caucus. And we want to catastrophe unless we act to restore to let the automakers get bargaining talk about health care this evening. the safety net.’’ leverage over the unions,’’ and if that Before the votes, I attended a Dis- Mr. Kristof continues, ‘‘Think of the turns it into, Here are some stock trict of Columbia Black AIDS Leader- 47 million Americans who lack insur- shares, and the union can have control- ship Mobilization Summit; it was a ance. They are less likely to receive flu ling interest in the company—or at town meeting held at the Kaiser Fam- vaccines’’—which might or might not least to break even, half the interest— ily Foundation. I want to commend the help,’’ he says—‘‘less likely to receive and broker it, if they can get together Congressional Black Caucus Founda- prompt care when they get sick, and with the stockholders that have 51 per- tion, the Black AIDS Institute, the less able financially to stay home from cent, if that can be the case, this is a Kaiser Foundation, NAACP, National work. And, thus, they are more likely Federal Government bailout of a situa- Urban League, the YWCA, Southern to both die and spread the virus inad- tion where they are setting up jobs for Christian Leadership Conference, the vertently.’’ people, not jobs for production for prof- National Council of Negro Women, Us it. But if that happens—and it has hap- Helping Us, The Women’s Collective, He also goes on to say—which is pened—and the taxpayers are there, Balm in Gilead, the National Black something that we have brought to the what happens if the retirement funds Leadership Commission on AIDS, Phi attention of the Department of Health for the Teachers Union meet the same Beta Sigma, the National Medical As- and Human Services and the Depart- end as the value of the stock shares for sociation, and all of the associations ment of Homeland Security—‘‘hos- General Motors and Chrysler? How do which came together to address the pitals lack spare beds, ventilators, and you go in and nationalize a retirement epidemic in the District of Columbia staff to cope with an epidemic. One fund for a union? I think you don’t, ex- and around the country. study found that a flu epidemic would cept to put the capital in there and On March 16 of this year, the D.C. mean that 10 million Americans would just say we are going to guarantee it, AIDS Office released its latest HIV sur- need to be hospitalized compared with just like we will with Social Security veillance report. And what it showed a total of nearly 1 million beds in or any other entitlement. was that the HIV rate in the Nation’s America, about two-thirds of them oc- cupied. By great, huge gulps, this govern- capital is the highest in the country, ment is swallowing up the private in- and that an estimated 3 percent of the ‘‘Last year, Chairman Waxman or- terests, large corporations swallowing population is affected with AIDS. One dered a review of surge capacity,’’ re- up one after another after another and percent would make it an epidemic, so ports Mr. Kristof, ‘‘in hospitals avail- nationalizing them and taking on obli- it is of epidemic proportions here in able for a terror attack. What was the gations in the process that are im- the District. surge capacity? He found that more plicit, that go on down the line. If you The D.C. rate of infection is higher than half of the emergency rooms stud- remember Fannie Mae and Freddie than 28 African countries. The infec- ied were already operating above ca- Mac, they didn’t have a guarantee from tion rate puts Washington, D.C. on a pacity.’’ par with Uganda. So this is an issue the Federal Government. They just had The last quote that I want to bring to that really must be addressed. This is the implicit full faith and credit of the your attention from this op-ed is a our Nation’s capital. The Congress has Federal Government. And we came quote that he uses from Dr. Redlener, responsibility for the capital, Madam through, $100 billion here, $100 billion the director of the National Center for Speaker. I made a commitment while I there, $5.5 trillion in contingent liabil- Disaster Preparedness at Columbia was there that the Congressional Black ities. This can happen with these re- University’s Mailman School of Public Caucus would work to ensure that this tirement funds, too. And when they get Health. And Dr. Redlener says, and I Congress takes that responsibility seri- nationalized, pretty soon everything is agree, ‘‘If a severe pandemic material- ously and addresses this serious epi- government except the barber and the izes, all of society would pay a heavy demic that exists in the Nation’s cap- shopkeeper and the little ones. And it price for decades of failing to create a is right off the Web page, dsa.org. ital. I wanted to mention a couple of rational system of health care that Mr. CARTER. And then we have na- things this evening, Madam Speaker. works for us all.’’ tional socialism, which is something Yesterday, Nicholas Kristof wrote a A few years ago, we had a Dr. Ste- we should fear. column in the New York Times that phen Wolf from Virginia Common- Mr. KING of Iowa. We would have na- ought to give us all pause. In it he ad- wealth University come and talk to us tional socialism. dresses an issue that many of us on the about a report that he did on health Mr. CARTER. Something that we Committee on Homeland Security have care and the discrepancies, the dispari- have fought against a lot of time. raised many times—and I am sure ties, the gaps in health care that the I think we are about to wrap this up. Chairman BENNIE THOMPSON continues poor rural Americans, Americans of I want to thank my friend for coming to work to address—and that is the de- color face. I would like to use this in here tonight. I want to thank the ficient public health system in this quote and share it with you. He says, Speaker for her patience. We are rais- country, especially in rural commu- ‘‘In the end, however, it all comes down ing questions that we think everybody nities, in poor communities, and com- to priorities. Perhaps we have reached and Members of this House should be munities of color. I raised the issue at a point when progress in providing asking each other and should be asking the H1N1 hearing in the Health Sub- good care when needed, with compas- on the floor of this House and in com- committee on Energy and Commerce sion and skill and without errors, mittee and around this town. We didn’t last week. I just want to share a few would impress the public as a more sign on to get on the slippery slope to quotes from the article. meaningful medical advance than the socialism, and it is time for us all to Nicholas Kristof says, ‘‘The flu crisis rollout of the latest device or pill.’’ He stand up and say so. should be a wake-up call, a reminder says, ‘‘failing to establish systems to

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.001 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11461 ensure that everyone receives rec- versal coverage because here are some Americans and other people of color ommended care is causing greater dis- other statistics: get less care. Black cancer patients fail ease and deaths at levels that can rare- Racial and ethnic minorities, al- to get the same combinations of sur- ly be offset by medical advances.’’ though we account for about one-third gical and chemotherapy treatments So as we look at the spread of H1N1, of the U.S. population, account for that white patients with the same dis- this is a call to action to really fix the more than half of the uninsured. Racial ease presentation received. African public health system in this country and ethnic minorities are more likely American heart patients are less likely and make sure that every community than whites to report not seeing a spe- than white patients to receive diag- has the kind of infrastructure it needs cialist when it was needed, foregoing nostic procedures, revascularization to address not only epidemics, but the needed health care because of the procedures, and thrombolytic therapy, everyday illnesses that the people in costs, and not being insured, they don’t even when they have similar incomes, those communities suffer from. have a usual source of care. More than insurance, and other patient character- But we do have an opportunity to ad- five of 10, 55 percent, Hispanics, four in istics. dress this health care system and to 10 African Americans were uninsured Even routine care suffers. Black and address health disparities. The Con- for all or part of 2007 and 2008, com- Latino patients are less likely than gressional Black Caucus—which has al- pared with just two in 10, or 25 percent, whites to receive aspirin upon dis- ways had the elimination of health dis- in whites. In total, more than three in charge following a heart attack; to re- parities as one of its main priorities— every four people of color, 76 percent, ceive the appropriate care for pneu- really welcomes the new political and were uninsured for 6 months or more in monia; and to have pain, such as the policy dynamics that are currently 2007 and 2008. That data, I believe, kind resulting from broken bones, ap- shaping health care in this country. comes from Families USA. propriately treated. Minorities are Because after all of the years and So the Congressional Black Caucus is more likely to receive undesirable money spent on disease entities, we looking at how we would like to see treatment than whites, such as limb have only made slight progress. And universal coverage provided. Of course, amputation for diabetes. even where improvements have been we feel that everyone must have cov- To so begin to address these, the made, the gaps between people of color erage, and we insist that there be a TriCaucus, which includes the Congres- and the white majority have either re- public option. We have joined the Con- sional Black Caucus, the Congressional mained the same or the gaps have wid- gressional Hispanic Caucus and the Hispanic Caucus, and the Congressional ened. Asian Pacific Caucus in calling for a Asian and Pacific Island Caucus, will According to testimony given at the public option, and we will support a be reintroducing the Health Equity and Health Subcommittee on Energy and bill if it has a public option. Accountability Act, which we have in- Commerce by Dr. Brian Smedley of the But also, and this is a concern that I troduced in the last three Congresses Joint Center for Political and Eco- have, we also need to ensure that we and for which we had hearings held in nomic Studies, he says, ‘‘Access to don’t end up with the same kind of both the subcommittees of Ways and high-quality health care is particularly two-tiered system that we have today, Means and Energy and Commerce last important for communities of color be- one for the poor and one for everyone year. The bill takes a comprehensive cause deep-held status gaps persist else, even when we have a public sys- approach and will have budget impact, among U.S. racial and ethnic groups.’’ tem. So we either need to figure out a but we are talking about reforming a He goes on to say, ‘‘While the Nation way that that public system serves the broken health care system, one which has made progress in lengthening and poor and everyone else where the gov- many call a ‘‘sick care system.’’ And I improving the quality of life, racial ernment may pay in for those who are really think it needs more than reform- and ethnic health disparities begin at a certain level of poverty and the ing; it needs a transformation. early in the life span and exact a sig- others pay in through subsidies that Among the provisions, the bill in- nificant human and economic toll.’’ He are done on a sliding scale or pay for it cludes those that would bolster efforts gives us some examples: ‘‘The preva- fully, or we need to fix the Medicaid to ensure culturally and linguistically lence of diabetes among American Indi- program because the care that patients appropriate health care and remove ans and Alaskan natives is more than who have Medicaid who actually have language and cultural barriers to twice that for all adults in the United access to health care is not equal and health care. It would improve work- States. Among African Americans, the the outcomes are poorer than those force diversity, strengthen and coordi- age-adjusted death rate for cancer is who are insured, and in some cases it’s nate data collection, ensure account- approximately 25 percent higher than the same or poorer than even the unin- ability and improve evaluation, and for white Americans.’’ sured. improve health care services especially Although infant mortality, he said, So ensuring that everyone is covered for those diseases that are causing the ‘‘decreased among all races during the is critically important. It’s critically disparities. 1980 to 2000 timed period, the black and important for African Americans and But today, after the limited progress white gap in infant mortality widened. other people of color, who bear a dis- we’ve made in eliminating these dis- proportionate burden of disease in this parities, we know that in addition to b 2045 country, but it’s important to every doing all of those things, collecting ‘‘While the life expectancy gap be- American because to the extent that so data, increasing the diversity of our tween African Americans and whites many people in this country remain workforce, increasing accountability, has narrowed slightly, African Ameri- uninsured, it adversely affects health providing for comprehensive programs cans can still expect to live 6 to 10 care for everyone. of care to address some of those dis- fewer years than whites and face high- But insurance is just the beginning of eases that cause the gaps and cause er rates of illness and mortality.’’ what needs to be done to close the people to die prematurely from pre- He goes on to say, ‘‘In terms of lives, health disparities gap. For example, in- ventable causes, we know that in addi- this gap is staggering. A recent anal- sured African American patients are tion to addressing the gaps in the ysis of 1991 to 2000 mortality data con- less likely than insured whites to re- many disease entities that we also cluded that had mortality rates of Afri- ceive many potentially lifesaving or have to turn our country’s focus to dis- can Americans been equivalent to that life-extending procedures such as high- parities in its broader context to the of whites in that time period, over tech care like cardiac catheterization, pervasive, persistent social deter- 880,000 deaths would have been avert- bypass graft surgery, or even kidney minants or primordial determinants of ed.’’ transplantation. And the IOM report of the poor health of our communities. If So we welcome and intend to be a 2002 showed us that even when every- we don’t address these, the root causes, part of shaping health care reform. thing else is equal, educational level, the totality of the environments in And, of course, it does start with uni- economic level, and insurance, African which we live and suffer from this ill

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.001 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11462 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 health, we will never achieve wellness. Yet communities around the coun- is trying to do too much, but we say we So if we are to be healthy and achieve try, with or without our help, are tak- need all of it. And we stand with our our optimal health, it’s here also that ing on some of these issues and cre- President as he calls on us to reform change must occur. That is to ensure ating miracles and making dramatic our health care system or, rather, that the environments in which we live changes in people’s lives. We intend to transform our health care system and support the elimination of health dis- help these communities and other com- ensure that quality health care is ac- parities and support good health and munities become agents of change and cessible, available to each and every our overall well-being. to develop not just a better system of American. I think the country is fortunate, and health delivery but an entire culture I just want to close with another I know the country also understands and environment of wellness. quote from the Closing the Gap Report how fortunate it is, and I’m blessed to Today I introduced the Health Em- that was written in 2005 that addresses work with the Congressional Black powerment Zone bill, through which we the issue of health inequities, and the Caucus, where 42 diverse individuals plan to give these communities the re- quote says: ‘‘Inequities within the with expertise and focus in many dif- sources and the technical assistance health care system and within larger ferent areas such as health, education, that they need to improve their health social, environmental, and economic economic development, job creation, and well-being. Through this bill com- structures persist not because of a workers’ rights, environmental justice, munities can apply. The Department of dearth of solutions but because of a housing, and all of the factors that are Health and Human Services would pro- failure of political will.’’ And I call on the underpinnings of our health, as a vide the technical assistance and some my colleagues to let us develop that group, we work as a cohesive unit to resources to help that community form political will. Let us eliminate dispari- improve the well-being of our commu- a community coalition to identify ties that are causing the premature nities and of all Americans. So I look their health care challenges, to do a death of people of color, poor, and rural at our entire Congressional Black Cau- community assessment and to develop Americans in this country, and let’s cus agenda as a health agenda because a strategic plan. Then the community transform our health care system so we work on the broad agenda that is would apply for designation as a health that everyone has access to quality, critical to closing the health gap and empowerment zone, and if they’re so comprehensive health care. ensuring that all Americans have ac- f cess to wellness. designated, they would have the oppor- And it’s critical that we do this be- tunity to be a priority for programs LEAVE OF ABSENCE that already exist in our government. cause the real things, the things that By unanimous consent, leave of ab- underlie our poor health, the things So this bill will not be a costly bill. We’re talking about a little bit of sence was granted to: that are really killing us are factors Mr. CAPUANO (at the request of Mr. startup money to these communities like an overabundance of liquor stores HOYER) for today and May 5 on account and, more than that, technical assist- in black and Latino and poor commu- of illness. ance to help them to do their commu- nities; the flooding of everything we Mr. DEFAZIO (at the request of Mr. nity assessment and do their plan, and see, read, and hear with tobacco adver- HOYER) for today on account of official tising; intractable poverty and the way the help that they will get to imple- business in the district. it fosters depression, drug abuse, and ment that plan and turn around their Ms. EDDIE BERNICE JOHNSON of Texas crime, creating neighborhoods where community and make it a place where (at the request of Mr. HOYER) for today it’s impossible to go outdoors and exer- people can be well would come from on account of official business in dis- cise, as we know we must; the refusal programs that already exist. These trict. of businesses, including grocery stores communities would just have priority, Mrs. NAPOLITANO (at the request of and really medical entities as well, to and this is an attempt for us to address Mr. HOYER) for today. come into poor and communities of the social determinants of health, Mr. STARK (at the request of Mr. color, where pharmacies that are there which we all know are critical if we are HOYER) for today and the balance of stock and dispense less pain medicine, going to eliminate disparities and cre- the week on account of illness. regardless of how much pain the indi- ate healthy communities and a more Mr. WESTMORELAND (at the request of vidual is having just because we’re in a healthy country. So we intend to help Mr. BOEHNER) for today on account of poor neighborhood that is made up these and other communities, as I said, illness. mostly of racial and ethnic minorities; and we introduced that bill today. f the profiling by the criminal justice Last week we held our Spring Health SPECIAL ORDERS GRANTED system that makes some people wrong Brain Trust with the National Minor- just because of the color of their skin ity Quality Forum, and the messages By unanimous consent, permission to or puts the mentally ill into the crimi- that came from that meeting were very address the House, following the legis- nal justice system rather than into clear: Our health care system needs not lative program and any special orders treatment; the racism and discrimina- just reform; it needs transformation. It heretofore entered, was granted to: tion that denies racial and ethnic mi- will require an investment that goes (The following Members (at the re- norities the same quality of health beyond providing universal coverage quest of Mrs. CHRISTENSEN) to revise care that I spoke about earlier that because we have seen through many re- and extend their remarks and include others take for granted and that pays ports, the IOM and many more re- extraneous material:) less in our neighborhoods and so pro- search papers, that minorities, people Ms. WOOLSEY, for 5 minutes, today. vides a strong and effective disincen- who speak a different language, people Mr. DEFAZIO, for 5 minutes, today. Ms. KAPTUR, for 5 minutes, today. tive for hospitals and the other pro- of color, even when they are insured, Mr. SCHIFF, for 5 minutes, today. viders we need to come into our com- don’t get the kind of care that the rest (The following Members (at the re- of the population gets. The message munities and stay there; the fact that quest of Mr. POE of Texas) to revise and too many of those providers that we do came loud and clear that we need to re- extend their remarks and include ex- have don’t understand our culture or form Medicaid and ensure that that ac- traneous material:) our language; and all of the many as- cess really provides quality health Mr. POSEY, for 5 minutes, May 6. saults on our very humanity that care. Mr. FORBES, for 5 minutes, May 6. weakens the well-known strength of And, lastly, I would say that the mes- Mr. MORAN of Kansas, for 5 minutes, spirit and the will to do the things that sage that we’d like to send out of that May 5 and 6. we know will improve our health and is that we know that it will cost a fair f our quality of life. All of this is still amount of money, but it’s our health not fully on the radar screen of most that we are talking about. We know SENATE BILL REFERRED who set and implement policy, and this that many people think or many of the A bill of the Senate of the following is something else that we must change. pundits say that perhaps our President title was taken from the Speaker’s

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.001 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 11463 table and, under the rule, referred as 1566. A letter from the Acting Chairman, ginia , VA [Docket No.: USCG-2008- follows: Federal Communications Commission, trans- 0860] (RIN: 1625-AA00) received April 16, 2009, mitting the Commission’s annual report for pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- S. 615. An act to provide additional per- fiscal year 2008 on the Notification and Fed- mittee on Transportation and Infrastruc- sonnel authorities for the Special Inspector eral Employee Antidiscrimination and Re- ture. General for Afghanistan Reconstruction; to taliation Act of 2002; to the Committee on 1577. A letter from the Attorney Advisor, the Committee on Foreign Affairs; in addi- Oversight and Government Reform. Department of Homeland Security, transmit- tion to the Committee on Armed Services for 1567. A letter from the President, Inter- ting the Department’s final rule — Safety a period to be subsequently determined by American Foundation, transmitting the Zone: Robert Mosses Causeway Bridge State the Speaker, in each case for consideration Foundation’s annual report for fiscal year Boat Channel, Captree, New York [Docket of such provisions as fall within the jurisdic- 2008 on the Notification and Federal Em- No.: USCG-2008-0844] (RIN: 1625-AA00) re- tion of the committee concerned. ployee Antidiscrimination and Retaliation ceived April 16, 2009, pursuant to 5 U.S.C. f Act of 2002; to the Committee on Oversight 801(a)(1)(A); to the Committee on Transpor- and Government Reform. tation and Infrastructure. 1578. A letter from the Attorney Advisor, SENATE ENROLLED BILL SIGNED 1568. A letter from the Chairman, Nuclear Department of Homeland Security, transmit- Regulatory Commission, transmitting the The Speaker announced her signa- ting the Department’s final rule — Safety Commission’s annual report for fiscal year ture to an enrolled bill of the Senate of Zone: Founder’s Day Fireworks Event, 2008 on the Notification and Federal Em- the following title: Chesapeake Bay, Hampton, VA. [Docket No.: ployee Antidiscrimination and Retaliation S. 735. An act to ensure States receive USCG-2008-0463] (RIN: 1625-AA00) received Act of 2002; to the Committee on Oversight April 16, 2009, pursuant to 5 U.S.C. adoption incentive payments for fiscal year and Government Reform. 2008 in accordance with the Fostering Con- 801(a)(1)(A); to the Committee on Transpor- 1569. A letter from the Acting Director, tation and Infrastructure. nections to Success and Increasing Adop- Peace Corps, transmitting the Corps’ annual tions Act of 2008. 1579. A letter from the Attorney Advisor, report for fiscal year 2008 on the Notification Department of Homeland Security, transmit- f and Federal Employee Antidiscrimination ting the Department’s final rule — Safety and Retaliation Act of 2002; to the Com- BILLS PRESENTED TO THE Zone; Paradise Point Resort 4th of July Dis- mittee on Oversight and Government Re- play; Mission Bay, San Diego, CA. [Docket PRESIDENT form. No.: USCG-2008-0449] (RIN: 1625-AA00) re- Lorraine C. Miller, Clerk of the 1570. A letter from the Acting EEO Direc- ceived April 16, 2009, pursuant to 5 U.S.C. House reports that on April 30, 2009 she tor, Securities and Exchange Commission, 801(a)(1)(A); to the Committee on Transpor- transmitting the Commission’s annual re- presented to the President of the tation and Infrastructure. port for fiscal year 2008 on the Notification 1580. A letter from the Attorney Advisor, United States, for his approval, the fol- and Federal Employee Antidiscrimination Department of Homeland Security, transmit- lowing bills. and Retaliation Act of 2002; to the Com- ting the Department’s final rule — Safety H.R. 1626. To make technical amendments mittee on Oversight and Government Re- Zone: Ambrose Light, Offshore Sandy Hook, to laws containing time periods affecting ju- form. NJ, Atlantic Ocean [Docket No.: USCG-2008- dicial proceedings. 1571. A letter from the Acting Adminis- 0373] (RIN: 1625-AA00) received April 16, 2009, H.R. 586. To direct the Librarian of Con- trator, Small Business Administration, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- gress and the Secretary of the Smithsonian transmitting the Administration’s annual mittee on Transportation and Infrastruc- Institution to carry out a joint project at the report for fiscal year 2008 on the Notification ture. and the National Mu- and Federal Employee Anti-Discrimination 1581. A letter from the Attorney Advisor, seum of African American History and Cul- and Retaliation Act; to the Committee on Department of Homeland Security, transmit- ture to collect video and audio recordings of Oversight and Government Reform. ting the Department’s final rule — Safety personal histories and testimonials of indi- 1572. A letter from the Attorney Advisor, Zone: Edenton 4th of July Celebration Fire- viduals who participated in the Civil Rights Department of Homeland Security, transmit- work Display, Edenton Bay, Edenton, NC movement, and for other purposes. ting the Department’s final rule — Safety [Docket No.: USCG-2008-0395] (RIN: 1625- Zone; Fireworks Displays, Anacostia River, AA00) received April 16, 2009, pursuant to 5 f Washington, DC [Docket No.: USCG-2008- U.S.C. 801(a)(1)(A); to the Committee on ADJOURNMENT 0338] (RIN: 1625-AA00) received April 16, 2009, Transportation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1582. A letter from the Attorney Advisor, Mrs. CHRISTENSEN. Mr. Speaker, I mittee on Transportation and Infrastruc- Department of Homeland Security, transmit- move that the House do now adjourn. ture. ting the Department’s final rule — Safety The motion was agreed to; accord- 1573. A letter from the Attorney Advisor, Zone: 31st Annual Virginia Lakes Festival ingly (at 9 o’clock and 1 minute p.m.), Department of Homeland Security, transmit- Fireworks Event, John H. Kerr Lake, Clarks- ville, VA. [Docket No.: USCG 2008-0471] (RIN: under its previous order, the House ad- ting the Department’s final rule — Safety Zone; Main Street Oceanside, Fireworks Dis- 1625-AA00) received April 16, 2009, pursuant journed until tomorrow, Tuesday, May to 5 U.S.C. 801(a)(1)(A); to the Committee on 5, 2009, at 10:30 a.m., for morning-hour play; Oceanside, CA. [Docket No.: USCG-2008- 0270] (RIN: 1625-AA00) received April 16, 2009, Transportation and Infrastructure. 1583. A letter from the Attorney Advisor, debate. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Homeland Security, transmit- mittee on Transportation and Infrastruc- f ting the Department’s final rule — Safety ture. Zone: LST-1166 Safety Zone, Southeastern EXECUTIVE COMMUNICATIONS, 1574. A letter from the Attorney Advisor, Tip of Lord Island, , Rainier, ETC. Department of Homeland Security, transmit- Oregon. [Docket No.: USCG-2008-0755] (RIN: Under clause 2 of Rule XXIV, execu- ting the Department’s final rule — Tem- 1625-AA00) received April 16, 2009, pursuant tive communications were taken from porary Safety Zone; Wrechage of the M/V to 5 U.S.C. 801(a)(1)(A); to the Committee on NEW CARISSA, Pacific Ocean 3 Nautical Transportation and Infrastructure. the Speaker’s table and referred as fol- Miles North of the Entrance to , OR lows: 1584. A letter from the Attorney Advisor, [Docket No.: USCG-2008-0915] (RIN: 1625- Department of Homeland Security, transmit- 1564. A letter from the Acting Assistant AA00) received April 16, 2009, pursuant to 5 ting the Department’s final rule — Safety Secretary Legislative Affairs, Department of U.S.C. 801(a)(1)(A); to the Committee on Zone; Washington Township Summerfest, Ot- State, transmitting an addendum to a cer- Transportation and Infrastructure. tawa River, Toledo, OH. [Docket No.: USCG- tification, transmittal number: DDTC-009-09, 1575. A letter from the Attorney Advisor, 2008-0492] (RIN: 1625-AA00) received April 16, of a proposed sale or export of defense arti- Department of Homeland Security, transmit- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the cles and/or defense services, pursuant to Pub- ting the Department’s final rule — Safety Committee on Transportation and Infra- lic Law 110-429, section 201; to the Committee Zone; Milwaukee River Challenge, Mil- structure. on Foreign Affairs. waukee River, Milwaukee, WI [Docket No.: 1585. A letter from the Attorney Advisor, 1565. A letter from the Equal Employment USCG-2008-0914] (RIN: 1625-AA00) received Department of Homeland Security, transmit- Opportunity Director, Farm Credit Adminis- April 16, 2009, pursuant to 5 U.S.C. ting the Department’s final rule — Safety tration, transmitting the Administration’s 801(a)(1)(A); to the Committee on Transpor- Zone; Shoreacres Country Club Fireworks, annual report for fiscal year 2008 on the No- tation and Infrastructure. Lake Bluff, Illinois [Docket No.: USCG-2008- tification and Federal Employee Anti- 1576. A letter from the Attorney Advisor, 1055] (RIN: 1625-AA00) received April 16, 2009, discrimination and Retaliation Act of 2002; Department of Homeland Security, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on Oversight and Govern- ting the Department’s final rule — Safety mittee on Transportation and Infrastruc- ment Reform. Zone; Neptune Festival, Atlantic Ocean, Vir- ture.

VerDate Mar 15 2010 08:26 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H04MY9.001 H04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11464 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 9 May 4, 2009 1586. A letter from the Acting Director, Of- TIME LIMITATION OF REFERRED H.R. 2232. A bill to amend title 23, United fice of Policy, Import Admin, Department of BILL States Code, to direct the Secretary of Commerce, transmitting the Department’s Transportation to establish national tunnel final rule — Steel Import Monitoring and Pursuant to clause 2 of rule XII the inspection standards for the proper safety in- Analysis System [Docket No.: 0809261282-9117- following action was taken by the spection and evaluation of all highway tun- 02] (RINl 0625-AA82) received March 23, 2009, Speaker: nels, and for other purposes; to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 1178. Referral to the Committee on mittee on Transportation and Infrastruc- mittee on Ways and Means. Homeland Security extended for a period ture. 1587. A letter from the Program Manager, ending not later than June 3, 2009. By Mrs. CHRISTENSEN (for herself, Department of Health and Human Services, Ms. LEE of California, Mr. MEEK of transmitting the Department’s final rule — f Florida, Mr. WATT, Mr. JOHNSON of State Parent Locator Service; Safeguarding PUBLIC BILLS AND RESOLUTIONS Georgia, Ms. JACKSON-LEE of Texas, Child Support Information: Proposed Delay Ms. WATSON, Ms. CORRINE BROWN of of Effective Date (RIN: 0970-AC01) received Under clause 2 of rule XII, public Florida, Ms. FUDGE, Mr. BISHOP of April 15, 2009, pursuant to 5 U.S.C. bills and resolutions of the following Georgia, Ms. EDWARDS of Maryland, 801(a)(1)(A); to the Committee on Ways and titles were introduced and severally re- Ms. CLARKE, Mr. TOWNS, Mr. RUSH, Means. ferred, as follows: Mr. THOMPSON of Mississippi, Mr. 1588. A letter from the Chief, Publications By Mr. TURNER (for himself, Mrs. DAVIS of Illinois, Mr. SCOTT of Vir- and Regulations, Internal Revenue Service, SCHMIDT, and Mr. BOEHNER): ginia, Mr. CLYBURN, Mr. transmitting the Service’s final rule — New H.R. 2226. A bill to rescind certain funds; to BUTTERFIELD, Mr. FALEOMAVAEGA, clean renewable energy bonds application so- the Committee on Appropriations. Mr. RANGEL, Ms. BORDALLO, Mr. licitation and requirements [Notice 2009-33] By Mr. TIM MURPHY of Pennsylvania LEWIS of Georgia, Mr. HASTINGS of received April 8, 2009, pursuant to 5 U.S.C. Florida, Mr. PIERLUISI, and Mr. CON- 801(a)(1)(A); to the Committee on Ways and (for himself, Mr. ABERCROMBIE, Mrs. CAPITO, Mr. COSTA, Mr. WILSON of YERS): Means. H.R. 2233. A bill to authorize the Secretary South Carolina, Mr. WALZ, and Mr. 1589. A letter from the Chief, Publications of Health and Human Services to designate and Regulations Branch, Internal Revenue TERRY): H.R. 2227. A bill to greatly enhance Amer- health empowerment zones, and for other Service, transmitting the Service’s final rule purposes; to the Committee on Energy and ica’s path toward energy independence and — Request for Comments on Revenue Proce- Commerce. economic and national security, to conserve dure for 403(b) Prototype Plans [Announce- By Mr. ENGEL (for himself and Mr. energy use, to promote innovation, to ment 2009-34] received April 16, 2009, pursu- BARTLETT): ant to 5 U.S.C. 801(a)(1)(A); to the Committee achieve lower emissions, cleaner air, cleaner H.R. 2234. A bill to enhance the energy se- on Ways and Means. water, and cleaner land, and for other pur- curity of the United States, reduce depend- 1590. A letter from the Chief, Publications poses; to the Committee on Natural Re- ence on imported oil, improve the energy ef- and Regulations Branch, Internal Revenue sources, and in addition to the Committees ficiency of the transportation sector, and re- Service, transmitting the Service’s final rule on Oversight and Government Reform, En- duce emissions through the expansion of grid — Update for Weighted Average Interest ergy and Commerce, Ways and Means, supported transportation; to the Committee Rates, Yield Curves, and Segment Rates [No- Science and Technology, Transportation and on Energy and Commerce, and in addition to tice 2009-39] received April 16, 2009, pursuant Infrastructure, Education and Labor, the the Committees on Science and Technology, to 5 U.S.C. 801(a)(1)(A); to the Committee on Budget, Rules, and the Judiciary, for a pe- and Transportation and Infrastructure, for a Ways and Means. riod to be subsequently determined by the period to be subsequently determined by the Speaker, in each case for consideration of f Speaker, in each case for consideration of such provisions as fall within the jurisdic- such provisions as fall within the jurisdic- REPORTS OF COMMITTEES ON tion of the committee concerned. tion of the committee concerned. PUBLIC BILLS AND RESOLUTIONS By Mr. BOOZMAN: By Mr. FRANK of Massachusetts: H.R. 2228. A bill to amend the Elementary Under clause 2 of rule XIII, reports of H.R. 2235. A bill to amend part B of title and Secondary Education Act of 1965 to XVIII of the Social Security Act to limit the committees were delivered to the Clerk allow States to count certain students for- penalty for late enrollment under part B of for printing and reference to the proper merly identified as limited English pro- the Medicare Program to 10 percent and calendar, as follows: ficient as being within the limited English twice the period of no enrollment, and to ex- Mr. OBERSTAR: Committee on Transpor- proficient subgroup, and certain students clude periods of COBRA and retiree coverage tation and Infrastructure. H.R. 1178. A bill to formerly identified as students with disabil- from such late enrollment penalty; to the direct the Comptroller General of the United ities as being within the students with dis- Committee on Energy and Commerce, and in States to conduct a study on the use of Civil abilities subgroup; to the Committee on Edu- addition to the Committee on Ways and Air Patrol personnel and resources to sup- cation and Labor. Means, for a period to be subsequently deter- port homeland security missions, and for By Mr. BOOZMAN: mined by the Speaker, in each case for con- other purposes; with an amendment (Rept. H.R. 2229. A bill to amend the Elementary sideration of such provisions as fall within 111–93 Pt. 1). Ordered to be printed. and Secondary Education Act of 1965 to the jurisdiction of the committee concerned. Mr. FRANK of Massachusetts: Committee allow States to adopt alternate and modified By Mrs. HALVORSON: on Financial Services. H.R. 1728. A bill to standards for students with disabilities; to H.R. 2236. A bill to prohibit health insur- amend the Truth in Lending Act to reform the Committee on Education and Labor. ance companies from denying individual consumer mortgage practices and provide ac- By Mr. BOOZMAN: health insurance coverage or from discrimi- countability for such practices, to provide H.R. 2230. A bill to amend the Internal Rev- nating in benefits under such coverage be- certain minimum standards for consumer enue Code of 1986 to provide a tax credit for cause of the receipt of grief counseling; to the Committee on Energy and Commerce. mortgage loans, and for other purposes; with teachers and principals who work in certain By Mr. ISRAEL: an amendment (Rept. 111–94). Referred to the low income schools; to the Committee on H.R. 2237. A bill to amend title 10, United Ways and Means. Committee of the Whole House on the State States Code, to direct the Secretary of De- of the Union. By Mrs. CAPPS (for herself, Ms. fense to carry out a pilot program to deter- Mr. CONYERS: Committee on the Judici- DEGETTE, and Mr. GRIJALVA): mine the feasibility and desirability of ary. H.R. 1748. A bill to amend title 18, H.R. 2231. A bill to amend the Public equipping turbojet aircraft in the Civil Re- United States Code, to enhance the inves- Health Service Act to ensure that victims of serve Air Fleet with a missile defense sys- tigation and prosecution of mortgage fraud public health emergencies have meaningful tem; to the Committee on Armed Services. and financial institution fraud, and for other and immediate access to medically necessary By Mr. ISRAEL: purposes; with an amendment (Rept. 111–95 health care services; to the Committee on H.R. 2238. A bill to direct the Adminis- Pt. 1). Referred to the Committee of the Energy and Commerce. trator of the Federal Aviation Administra- Whole House on the . By Mr. CAPUANO (for himself, Mr. tion to issue an order regarding secondary DISCHARGE OF COMMITTEE LYNCH, Mr. DELAHUNT, Mr. FRANK of cockpit barriers; to the Committee on Trans- Pursuant to clause 2 of rule XII the Massachusetts, Mr. MCGOVERN, Mr. portation and Infrastructure. Committees on Oversight and Govern- MARKEY of Massachusetts, Ms. TSON- By Mr. LOEBSACK (for himself and ment Reform and Financial Services GAS, Mr. NEAL of Massachusetts, Mr. Ms. MATSUI): OLVER, Mr. TIERNEY, Mrs. TAUSCHER, H.R. 2239. A bill to award competitive discharged from further consideration. Mr. SERRANO, Mr. CARNAHAN, Mr. grants to eligible partnerships to enable the H.R. 1748 referred to the Committee of GONZALEZ, Ms. NORTON, Mr. PAS- partnerships to implement innovative strat- the Whole House on the State of the CRELL, Mrs. MCCARTHY of New York, egies at the secondary school level to im- Union, and ordered to be printed. and Mr. WU): prove student achievement and prepare at-

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risk students for postsecondary education H. Res. 397. A resolution affirming the rich GREN of California, Mr. MITCHELL, Mr. CAL- and the workforce; to the Committee on spiritual and religious history of our Na- VERT, and Mr. BOCCIERI. Education and Labor. tion’s founding and subsequent history and H.R. 775: Mr. SCHRADER, Mr. MCHUGH, Mr. By Mr. MEEK of Florida: expressing support for designation of the GUTIERREZ, Mr. ROSKAM, Mr. KANJORSKI, Mr. H.R. 2240. A bill to amend the Internal Rev- first week in May as ‘‘America’s Spiritual ADERHOLT, Mr. ALTMIRE, Mr. MOLLOHAN, enue Code of 1986 to allow a nonrefundable Heritage Week’’ for the appreciation of and Mrs. CAPITO, Mr. KIND, Mrs. CAPPS, Mr. credit for mentoring and housing young education on America’s history of religious HARE, Ms. CASTOR of Florida, Mr. LATHAM, adults; to the Committee on Ways and faith; to the Committee on Oversight and Ms. TSONGAS, Mr. BLUMENAUER, and Ms. Means. Government Reform. BEAN. By Mr. SESTAK: By Mr. FORTENBERRY (for himself, H.R. 805: Mr. FILNER. H.R. 2241. A bill to provide for the settle- Mr. BILIRAKIS, Mr. FALEOMAVAEGA, H.R. 823: Mr. KUCINICH. ment of certain claims against Iraq by vic- Mr. MCCOTTER, Mr. INGLIS, and Mr. H.R. 824: Mr. KUCINICH. tims of torture and terrorism; to the Com- BACHUS): H.R. 840: Ms. KILPATRICK of Michigan. mittee on the Judiciary. H. Res. 398. A resolution recognizing the H.R. 847: Mr. ANDREWS. By Mr. SPACE (for himself and Mr. 60th anniversary of the Berlin Airlift’s suc- H.R. 855: Mr. LATHAM. BLUMENAUER): cess; to the Committee on Veterans’ Affairs, H.R. 874: Mr. WEINER and Mr. ALEXander. H.R. 2242. A bill to amend the Internal Rev- and in addition to the Committee on Armed H.R. 914: Mr. MCCAUL, Mr. HASTINGS of enue Code of 1986 to permanently extend cer- Services, for a period to be subsequently de- Washington, and Mr. SMITH of New Jersey. tain expiring provisions relating to edu- termined by the Speaker, in each case for H.R. 948: Ms. TITUS and Mr. SCOTT of Vir- cation; to the Committee on Ways and consideration of such provisions as fall with- ginia. Means. in the jurisdiction of the committee con- H.R. 980: Mr. WEXLER, Mr. TANNER, and Mr. By Mr. CULBERSON: HOLT. H. Con. Res. 117. Concurrent resolution cerned. commemorating the 40th Anniversary of hu- By Mr. ISRAEL: H.R. 998: Mr. POSEY. manity’s first landing on the Moon, cele- H. Res. 399. A resolution honoring the sac- H.R. 1021: Mr. WELCH, Mr. JONES, Mr. brating the success of the United States rifice of members of the Armed Forces who WAMP, and Mr. PIERLUISI. human space flight program, and recognizing are also mothers and the support provided by H.R. 1032: Mr. CARTER and Mr. PETERSON. the accomplishments of NASA’s human mothers of members of the Armed Forces H.R. 1074: Mr. ROSS, Mr. BOREN, Mr. space flight centers; to the Committee on and mothers who are the spouse of members MINNICK, Mr. FLEMING, and Mr. KLINE of Min- Science and Technology. of the Armed Forces; to the Committee on nesota. By Mr. CULBERSON (for himself, Mr. Armed Services. H.R. 1103: Mr. MCINTYRE. H.R. 1147: Mr. MCNERNEY and Mr. GUTIER- PAUL, Mrs. BLACKBURN, Mr. DUNCAN, f Mr. HELLER, Mr. CONAWAY, Mr. REZ. MCCAUL, Mr. BILBRAY, Ms. FOXX, Mr. ADDITIONAL SPONSORS H.R. 1177: Mr. BOREN. H.R. 1180: Mr. LATTA. MARCHANT, Mr. DAVIS of Kentucky, Under clause 7 of rule XII, sponsors Mr. ISSA, Mr. MCCOTTER, Mr. JONES, H.R. 1205: Ms. ZOE LOFGREN of California, were added to public bills and resolu- Mr. YOUNG of Alaska, Mr. MCHUGH, Mr. Mrs. BACHMANN, Mr. SIMPSON, Mr. tions as follows: GARY G. MILLER of California, Mr. LATHAM, Mr. SESTAK, Mr. KILDEE, Mr. STEARNS, Mr. BURTON of Indiana, and H.R. 22: Mr. SHUSTER, Mr. CASSIDY, Ms. MASSA, Mr. COURTNEY, and Mr. WILSON of Mr. MORAN of Kansas): DEGETTE, Mrs. BLACKBURN, Ms. TSONGAS, South Carolina. H. Res. 394. A resolution expressing dis- and Mrs. MYRICK. H.R. 1207: Mr. MCCARTHY of California, Mr. approval by the House of Representatives of H.R. 43: Mr. FRANK of Massachusetts. BARTON of Texas, Mr. HENSARLING, Mrs. the totalization agreement between the H.R. 55: Ms. MCCOLLUM. MCMORRIS RODGERS, Mr. BILIRAKIS, Mr. United States and Mexico signed by the H.R. 104: Mr. MICHAUD. MORAN of Kansas, Mr. CASSIDY, Mr. WALDEN, Commissioner of Social Security and the Di- H.R. 197: Mr. MINNICK and Mr. RODRIGUEZ. Mr. CRENSHAW, Mr. CAMPBELL, Mr. LOBI- rector General of the Mexican Social Secu- H.R. 265: Mr. FATTAH, Mr. KUCINICH, Mr. ONDO, and Mr. MCHUGH. rity Institute on June 29, 2004; to the Com- SERRANO, and Mr. HINCHEY. H.R. 1209: Ms. ZOE LOFGREN of California. mittee on Ways and Means. H.R. 270: Mr. JOHNSON of Georgia and Mr. H.R. 1210: Ms. WOOLSEY and Mr. THOMPSON By Mrs. MCCARTHY of New York: PASTOR of Arizona. of California. H. Res. 395. A resolution supporting efforts H.R. 295: Mr. POSEY. H.R. 1230: Mr. PLATTS. to raise awareness, improve education, and H.R. 303: Mr. HALL of New York, Mr. H.R. 1238: Mr. SCHOCK. encourage research of inflammatory breast LATTA, and Mr. HOLDEN. H.R. 1240: Mr. KUCINICH, Mr. ABERCROMBIE, cancer; to the Committee on Energy and H.R. 327: Mr. TAYLOR. and Ms. MATSUI. Commerce. H.R. 391: Mr. WESTMORELAND, Mrs. BACH- H.R. 1285: Mr. SCHOCK. By Mr. CARDOZA (for himself, Ms. ZOE MANN, and Mrs. MYRICK. H.R. 1310: Mr. MASSA and Ms. ROYBAL- LOFGREN of California, Mr. NUNES, H.R. 413: Mr. GALLEGLY, Mr. DRIEHAUS, Mr. ALLARD. Mr. BACA, Mr. RADANOVICH, Ms. ROY- WAXMAN, Mrs. BIGGERT, Mr. ROSS, Mr. H.R. 1335: Ms. SUTTON, Mr. GUTIERREZ, Ms. BAL-ALLARD, Mr. WAXMAN, Mr. TIBERI, Mr. DOYLE, Ms. SHEA-PORTER, Mr. KOSMAS, Mr. MICHAUD, and Mr. COURTNEY. COSTA, Mr. MCNERNEY, Mr. SHULER, TIAHRT, Mr. DONNELLY of Indiana, Mr. POM- H.R. 1337: Mr. GRIJALVA. Mr. BOSWELL, Mr. SCHIFF, Mr. EROY, Mr. PETRI, Mr. GRAYSON, Ms. HIRONO, H.R. 1339: Mr. WAMP, Mr. JONES, and Mr. ARCURI, Mr. MICHAUD, Ms. MATSUI, Mr. SCHIFF, Mr. YOUNG of Alaska, Mr. BERRY, GERLACH. Mr. THOMPSON of California, Mr. BER- Mr. ALTMIRE, Mr. SHULER, Mr. CARDOZA, Mrs. H.R. 1346: Mr. THOMPSON of Mississippi. MAN, Mr. PERRIELLO, Ms. HARMAN, MCCARTHY of New York, Ms. WOOLSEY, Mr. H.R. 1362: Ms. DEGETTE, Mr. SOUDER, Mr. Mrs. TAUSCHER, Mrs. CAPPS, Mr. MILLER of North Carolina, Mr. VISCLOSKY, DONNELLY of Indiana, Mr. PLATTS, Mr. ROSS, HONDA, Mr. FARR, Ms. LORETTA SAN- Mr. UPTON, Mr. MURPHY of Connecticut, Mr. Mrs. BLACKBURN, Mr. COHEN, Mrs. CAPPS, Mr. CHEZ of California, Mr. HEINRICH, Ms. ANDREWS, Mr. SCOTT of Virginia, and Mr. ABERCROMBIE, Mr. ALTMIRE, Mr. FILNER, Mr. ESHOO, Mrs. BONO MACK, and Mr. TONKO. ELLISON, Mr. COBLE, Mr. FORBES, and Ms. BRIGHT): H.R. 444: Mrs. CAPPS, Mr. HODES, Mr. GON- ROYBAL-ALLARD. H. Res. 396. A resolution honoring the grad- ZALEZ, Mr. PETERSON, Ms. SHEA-PORTER, Mr. H.R. 1392: Mr. SARBANES. uating Class of 2009 at the University of Cali- DAVIS of Alabama, and Mr. CLEAVER. H.R. 1400: Ms. DEGETTE. fornia, Merced; to the Committee on Edu- H.R. 466: Mr. HALL of New York. H.R. 1422: Mr. PAULSEN and Mrs. TAUSCHER. cation and Labor. H.R. 481: Mr. MASSA. H.R. 1441: Mrs. MYRICK. By Mr. FORBES (for himself, Mr. H.R. 503: Mrs. BIGGERT. H.R. 1443: Mr. SIRES, Mr. BOUCHER, Mr. MCINTYRE, Mr. LAMBORN, Mr. MCCOT- H.R. 560: Mr. THORNBERRY. CLAY, Ms. LEE of California, Ms. HIRONO, Mr. TER, Mr. NEUGEBAUER, Mr. AKIN, Mr. H.R. 574: Mr. HARPER, Mr. CARNAHAN, Mr. BOSWELL, and Ms. NORTON. LATTA, Mr. JORDAN of Ohio, Mr. SMITH of Nebraska, Mr. WELCH, and Mrs. H.R. 1454: Mr. MILLER of North Carolina, FRANKS of Arizona, Mr. WILSON of MCCARTHY of New York. Mr. RANGEL, Mr. KILDEE, Mr. THOMPSON of South Carolina, Mrs. BLACKBURN, Ms. H.R. 606: Mr. LEWIS of Georgia, Ms. EDDIE California, Mrs. CAPPS, Mr. DOGGETT, Ms. FOXX, Mr. GINGREY of Georgia, Mr. BERNICE JOHNSON of Texas, Ms. EDWARDS of BERKLEY, and Mr. PUTNAM. JONES, Mr. WOLF, Mr. TURNER, Mr. Maryland, and Mr. KUCINICH. H.R. 1458: Mr. LATHAM. ADERHOLT, Mr. CONAWAY, Mr. SMITH H.R. 626: Mr. PRICE of North Carolina. H.R. 1460: Mr. CALVERT and Mrs. MCMORRIS of Texas, Mr. HOEKSTRA, Mr. YOUNG H.R. 668: Mr. PETERSON and Mr. SCHRADER. RODGERS. of Florida, Mr. WAMP, Mr. KLINE of H.R. 706: Mr. ANDREWS. H.R. 1485: Mr. SHADEGG and Mr. RYAN of Minnesota, Mr. DAVIS of Tennessee, H.R. 745: Mr. FOSTER, Mr. LINCOLN DIAZ- Ohio. and Mr. BISHOP of Utah): BALART of Florida, Mr. OLVER, Ms. ZOE LOF- H.R. 1509: Mr. SCHOCK.

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H.R. 1521: Mr. ROGERS of Michigan, Mr. H.R. 2035: Mr. WITTMAN, Mr. DRIEHAUS, and ROSS, Mrs. BONO MACK, Mr. MCMAHON, Mr. ROSKAM, Mr. STUPAK, and Mrs. BIGGERT. Mr. RYAN of Ohio. EDWARDS of Texas, and Mr. AL GREEN of H.R. 1526: Mr. MOORE of Kansas, Mr. PAS- H.R. 2060: Mr. REYES. Texas. TOR of Arizona, Mr. FILNER, Mr. CAPUANO, H.R. 2076: Mr. STARK, Mr. HINOJOSA, Mr. H. Res. 193: Mr. WAMP, Mr. JONES, Mr. BAR- Ms. NORTON, Mr. SOUDER, Ms. ROYBAL- FILNER, and Mr. POLIS of Colorado. RETT of South Carolina, and Mr. MOORE of ALLARD, Mr. HOLT, Mr. SERRANO, Mr. GRAY- H.R. 2083: Mr. CHAFFETZ. Kansas. SON, Ms. FUDGE, and Mr. MASSA. H.R. 2090: Mrs. MCCARTHY of New York. H. Res. 225: Mr. ROE of Tennessee, Mr. H.R. 1547: Mr. ETHERIDGE, Mr. CARSON of H.R. 2093: Mr. MILLER of North Carolina NEUGEBAUER, Mr. HENSARLING, Mr. BROUN of Indiana, and Mr. LARSEN of Washington. and Mr. GRIJALVA. Georgia, and Mr. MANZULLO. H.R. 1548: Mr. MELANCON. H.R. 2101: Mr. MARSHALL, Mr. KISSELL, and H. Res. 236: Mr. HONDA. H.R. 1560: Ms. FOXX. Mr. LARSEN of Washington. H. Res. 291: Ms. SCHAKOWSKY and Mr. ROO- H.R. 1605: Mr. KUCINICH. H.R. 2118: Mr. LEE of New York and Mr. NEY. H.R. 1646: Mr. FILNER, Mr. KLINE of Min- GERLACH. H. Res. 300: Mr. HIMES. H.R. 2119: Mr. LEE of New York and Mr. nesota, Mr. WAMP, and Mr. PETERSON. H. Res. 309: Mr. LEE of New York, Mr. GERLACH. H.R. 1670: Mr. KING of New York, Mr. FIL- MCCOTTER, Mr. MANZULLO, Mr. ACKERMAN, H.R. 2141: Ms. SCHAKOWSKY. NER, and Mr. KILDEE. Mr. POE of Texas, and Mr. MICHAUD. H.R. 2144: Mr. HENSARLING. H.R. 1678: Mr. BISHOP of Utah. H. Res. 314: Mr. CHANDLER, Mr. POLIS of H.R. 2156: Mr. BOCCIERI. H.R. 1680: Mr. SHULER and Mr. BRALEY of Colorado, Mr. SOUDER, Mr. WHITFIELD, Mr. H.R. 2184: Mr. STARK. Iowa. ROGERS of Kentucky, and Mr. DAVIS of Ken- H.R. 2194: Mr. KLEIN of Florida and Ms. H.R. 1690: Mr. GRIJALVA. tucky. H.R. 1700: Mr. FILNER. HARMAN. H. Res. 338: Mr. LARSON of Connecticut and H.R. 1701: Mr. LATHAM. H.R. 2201: Mr. SPACE. Mr. CALVERT. H.R. 1705: Mr. BRADY of Pennsylvania and H. Con. Res. 16: Mrs. MYRICK, Ms. FOXX, H. Res. 349: Mr. TIM MURPHY of Pennsyl- Mr. WU. and Mr. WAMP. vania, Mr. MARKEY of Massachusetts, and H.R. 1708: Mr. WELCH, Mr. KILDEE, and Mr. H. Con. Res. 84: Ms. BORDALLO, Mrs. Mr. WAMP. COSTELLO. MCMORRIS RODGERS, Mr. RODRIGUEZ, Mr. H. Res. 353: Mr. LARSON of Connecticut. H.R. 1712: Mrs. MCMORRIS RODGERS. INGLIS, Mr. COURTNEY, Mr. BISHOP of New H. Res. 366: Mr. YOUNG of Florida. H.R. 1716: Mrs. BIGGERT. York, and Ms. EDDIE BERNICE JOHNSON of H. Res. 370: Mr. KUCINICH and Mrs. KIRK- H.R. 1728: Ms. JACKSON-LEE of Texas. Texas. PATRICK of Arizona. H.R. 1739: Ms. WASSERMAN SCHULTZ. H. Con. Res. 87: Mr. CAO. H. Res. 377: Mr. CONNOLLY of Virginia, Mr. H.R. 1740: Mr. MEEKS of New York, Mr. H. Con. Res. 89: Mr. HODES. BUYER, Mr. REYES, Mr. MILLER of Florida, BONNER, Ms. SLAUGHTER, Mr. MCCOTTER, Mr. H. Con. Res. 103: Mr. BISHOP of Georgia, Mr. Mrs. TAUSCHER, Mr. POE of Texas, Mr. COFF- MCDERMOTT, Mrs. SCHMIDT, Mr. ROSS, Mr. WAXMAN, Mr. BERMAN, Mr. HASTINGS of Flor- MAN of Colorado, Mr. MCHUGH, and Mr. AUSTRIA, Mr. TIBERI, Mr. LEE of New York, ida, Mr. MILLER of North Carolina, Mr. FORBES. and Mr. KING of New York. COHEN, Mr. BOCCIERI, and Mr. SMITH of Wash- H.R. 1742: Mr. MCNERNEY. ington. H. Res. 378: Mr. GARRETT of New Jersey, H.R. 1760: Mr. GRIJALVA. H. Con. Res. 107: Mr. GRIJALVA. Mr. BARRETT of South Carolina, Mrs. LUM- H.R. 1763: Mr. HARPER and Mr. LAMBORN. H. Con. Res. 111: Ms. JACKSON-LEE of MIS, Mr. BISHOP of Utah, and Mr. PITTS. H.R. 1776: Mr. BRALEY of Iowa. Texas, Ms. KOSMAS, Mr. ROONEY, Mr. H. Res. 387: Ms. JACKSON-LEE of Texas, Mr. H.R. 1802: Mr. WAMP and Mr. MCCAUL. CHAFFETZ, Mr. GENE GREEN of Texas, Ms. PIERLUISI, Mr. POSEY, Mr. GONZALEZ, Mr. H.R. 1829: Mr. LATHAM and Mr. MURTHA. FOXX, Mr. SESTAK, Mr. MCCOTTER, Mr. CAO, and Mr. TAYLOR. H.R. 1844: Mr. SMITH of New Jersey, Mr. GINGREY of Georgia, Mr. HOEKSTRA, Mr. H. Res. 388: Mr. MANZULLO, Mr. BOOZMAN, ISRAEL, and Mr. MEEKS of New York. RADANOVICH, Mr. COSTELLO, Mr. KLINE of Mr. GARRETT of New Jersey, Mr. DANIEL E. H.R. 1855: Mr. LANGEVIN, Mr. MICHAUD, and Minnesota, Mr. BARRETT of South Carolina, LUNGREN of California, Mr. MCCAUL, Mr. Mr. YOUNG of Alaska. Mr. AUSTRIA, Mr. MARSHALL, and Mr. SCA- LOEBSACK, Mr. CARTER, Mr. BARRETT of H.R. 1870: Mr. PASTOR of Arizona, Mr. LISE. South Carolina, Mr. MARCHANT, Mr. ABER- ENGEL, and Mr. WEXLER. H. Con. Res. 116: Mr. SOUDER, Mrs. BACH- CROMBIE, Mr. JONES, Mr. JORDAN of Ohio, and H.R. 1872: Mr. DRIEHAUS and Mr. BLU- MANN, and Mr. SAM JOHNSON of Texas. Mr. COBLE. MENAUER. H. Res. 55: Mr. THOMPSON of California. H. Res. 391: Ms. BERKLEY, Mr. MEEK of H.R. 1894: Mr. ISRAEL, Mr. MOORE of Kan- H. Res. 111: Mr. PALLONE, Mr. SPACE, and Florida, Mr. LEWIS of Georgia, Mr. DAVIS of sas, and Mr. LARSON of Connecticut. Mr. JOHNSON of Illinois. Illinois, Mr. BLUMENAUER, Mr. CALVERT, Mr. H.R. 1941: Mr. SHADEGG and Mr. GRIJALVA. H. Res. 192: Mr. HINCHEY, Mr. GUTHRIE, Ms. CROWLEY, Mr. DAVIS of Alabama, and Mr. H.R. 1960: Mr. LAMBORN. SHEA-PORTER, Mr. DOGGETT, Ms. CORRINE COOPER. H.R. 1977: Mr. YOUNG of Florida and Mr. BROWN of Florida, Ms. CASTOR of Florida, Ms. ROONEY. FUDGE, Mr. STARK, Mr. KAGEN, Mr. f H.R. 1985: Mr. COBLE. BUTTERFIELD, Mr. BURGESS, Ms. BERKLEY, H.R. 1987: Mr. BOREN. Mrs. CHRISTENSEN, Mr. MARKEY of Massachu- H.R. 2000: Ms. ZOE LOFGREN of California, setts, Mrs. MCMORRIS RODGERS, Mr. BARTON DELETIONS OF SPONSORS FROM Mr. BLUMENAUER, Ms. SCHAKOWSKY, and Mr. of Texas, Mr. LARSEN of Washington, Ms. PUBLIC BILLS AND RESOLUTIONS ´ ROTHMAN of New Jersey. LINDA T. SANCHEZ of California, Mr. DENT, Under clause 7 of rule XII, sponsors H.R. 2006: Mr. WU and Mr. LATOURETTE. Mr. RANGEL, Ms. WASSERMAN SCHULTZ, Mr. H.R. 2017: Mrs. BIGGERT and Mr. DAVIS of KILDEE, Ms. SCHAKOWSKY, Mr. MURPHY of were deleted from public bills and reso- Alabama. Connecticut, Mr. BRALEY of Iowa, Mr. BLU- lutions as follows: H.R. 2022: Mr. CRENSHAW. MENAUER, Ms. BALDWIN, Mr. BARROW, Mr. H.R. 1214: Mr. ELLISON.

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WALTER PETERSON citizens living in America. The Polish American vidual citizens, can work together at the local community in Cleveland is deeply rooted in level to ensure the health and vitality of our HON. ED PERLMUTTER their commitment to the values of family, faith, towns and neighborhoods. Young volunteers OF COLORADO democracy, hard work and fulfillment of the life Mr. Gish are inspiring examples to all of us IN THE HOUSE OF REPRESENTATIVES American dream. and are among our brightest hopes for tomor- Since its founding, the Polish American row. Monday, May 4, 2009 Congress has created programs to success- Mr. Gish should be extremely proud to have Mr. PERLMUTTER. Madam Speaker, I rise fully integrate people of Polish decent in the been singled out from the thousands of dedi- today to recognize and applaud Walter Peter- U.S., including the Displaced Persons Pro- cated volunteers who participated in this son who has received the Arvada Wheat gram, which allowed almost 150,000 Polish year’s program. I heartily applaud him for his Ridge Service Ambassadors for Youth award. immigrants to enter the U.S. after World War initiative in seeking to make his community a Walter Peterson is a sophomore at Arvada II. The Polish American Congress has a leg- better place to live, and for the positive impact West High School and received this award be- acy within our Cleveland community and he has had on the lives of others. He has cause his determination and hard work have across the nation of offering services of sup- demonstrated a level of commitment and ac- allowed him to overcome adversities. port to veterans, families and individuals. As in complishment that is truly extraordinary in to- The dedication demonstrated by Walter years’ past, the Greater Cleveland Community day’s world, and deserves our sincere admira- Peterson is exemplary of the type of achieve- will join in celebration of Poland’s rich history tion and respect. His actions show that young ment that can be attained with hard work and and culture by joining Cleveland’s Polish com- Americans can—and do—play important roles perseverance. It is essential that students at munity in attending events such as the Polonia in our communities and that America’s com- all levels strive to make the most of their edu- Ball, the Grand Parade and the Photographic munity spirit continue to hold tremendous cation and develop a work ethic that will guide Exhibition. promise for the future. them for the rest of their lives. Madam Speaker and colleagues, please join f I extend my deepest congratulations once me in honor and celebration of the leaders again to Walter Peterson for winning the Ar- and members of the Polish American Con- HONORING THE INDUCTION OF vada Wheat Ridge Service Ambassadors for gress, as they celebrate Polish Constitution ENCARNACION ‘‘CARNY’’ GUERRA Youth award. I have no doubt he will exhibit Day. Their collective and individual efforts in INTO THE 2009 CLASS OF THE LA- the same dedication he has shown in his aca- sharing, preserving and promoting their herit- REDO BUSINESS HALL OF FAME demic career to his future accomplishments. age, history and culture with Greater Cleve- f land serves to strengthen and illuminate the HON. HENRY CUELLAR textured and diverse fabric of our community. OF TEXAS IN HONOR OF THE POLISH AMER- IN THE HOUSE OF REPRESENTATIVES ICAN CONGRESS AND POLISH f CONSTITUTION DAY HONORING THE VOLUNTEER Monday, May 4, 2009 SERVICE OF DARRIEN GISH Mr. CUELLAR. Madam Speaker, I rise today HON. DENNIS J. KUCINICH to celebrate the induction of Encarnacion OF OHIO HON. WALT MINNICK ‘‘Carny’’ Guerra into the Laredo Business Hall IN THE HOUSE OF REPRESENTATIVES OF IDAHO of Fame. Carny Guerra has always been hard IN THE HOUSE OF REPRESENTATIVES working, ambitious, a knowledgeable busi- Monday, May 4, 2009 nessman, and it has shown through his work Mr. KUCINICH. Madam Speaker, I rise Monday, May 4, 2009 in Laredo, Texas. today in honor of the Polish American Con- Mr. MINNICK. Madam Speaker, I would like Carny Guerra’s business know-how first gress, Ohio Division, as they join together on to congratulate and honor a young student emerged while attending a dance in Laredo, May 3 to celebrate Polish Constitution Day— from my district who has achieved national Texas. While waiting in line and watching a a day when the Americans of Polish heritage recognition for exemplary volunteer service in great number of people pay their entrance fee reflect on the struggles for freedom and cele- his community. Darrien Gish of Nampa has he got the idea that he should enter the ball- brate the victories, customs and history of just been named one of the top honorees in room business. Soon after he purchased a their beloved Polish homeland and share their Idaho by the 2009 Prudential Spirit of Commu- building and with the help of his five daughters cultural gifts with the entire Greater Cleveland nity Awards program, an annual honor con- Cynthia, Sylvia, Judith, Belinda, and Elaine the Community. ferred on the most impressive student volun- Casa Blanca Ballroom was born. The first written European constitution, the teers in each State and the District of Colum- As every new business encounters initial Governmental Statute of Poland, was instated bia. problems Carny had trouble booking bands on May 3, 1791. Poland’s Constitution was the Mr. Gish is being recognized for his work and he decided that the best way to solve this result of nearly five centuries of struggle and with the Canine Companions for Independ- would be to use local South Texas bands. As perseverance by the people of Poland to di- ence. He is devoting fourteen months of his he found new bands he began to record their minish the power of the King and to create own time to train and care for the puppy music and promote them to local radio sta- facets and institutions of government vital to Delphia. He also earned his own money to tions. These local bands soon became celeb- the foundation of a constitutional government. fund Delphia’s health care. Mr. Gish spends rities in the area, thus selling out the Casa An important document in the world history of time every day working with Delphi on basic Blanca Ballroom performance after perform- democracy, the Polish Constitution established skills so that eventually she can assist people ance. Working with bands and radio stations the separation and balance of powers, free- with disabilities perform everyday tasks like on a daily basis Carny saw his next step to be dom of religion, and social justice by abol- turning on lights and opening doors. the purchase of a radio station which furthered ishing key elements of serfdom. In light of numerous statistics indicating that the popularity of both his ballroom and the Formed in 1949, the Polish American Con- Americans today are less involved in their bands. gress is a national umbrella organization rep- communities, it’s vital that we encourage and Now some years later Carny Guerra’s busi- resenting over ten million Americans of Polish support the kind of selfless contributions this ness has flourished and become Guerra Com- descent and origin, and serves as a unifying young citizen has made. People of all ages munications, which now owns a Tejano, hip- force for both Polish Americans and Polish need to think more about how we, as indi- hop, and country radio station. In Addition,

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

VerDate Mar 15 2010 08:27 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E04MY9.000 E04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11468 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 May 4, 2009 Carny is credited with giving many of today’s ily, including his four children, nine grand- The dedication demonstrated by Joey Meyer popular bands their start. children, twenty great grandchildren, fourteen is exemplary of the type of achievement that Carny, after many years of hard work, is great-great grandchildren, and two great-great- can be attained with hard work and persever- now enjoying his retirement and the company great grandchildren. ance. It is essential that students at all levels of his 5 daughters, 17 grandchildren and 1 Madam Speaker, I would like to recognize strive to make the most of their education and great grandchild. Matthew Polite, a shining example of dedica- develop a work ethic that will guide them for Madam Speaker, I am proud to have had tion to community service for all of New York. the rest of their lives. this opportunity to recognize the accomplish- Madam Speaker, I urge my colleagues to I extend my deepest congratulations once ments and honor the inductee to the Laredo join me in paying tribute to Matthew Polite. again to Joey Meyer for winning the Arvada Business Hall of Fame Encarnacion ‘‘Carny’’ f Wheat Ridge Service Ambassadors for Youth Guerra. award. I have no doubt he will exhibit the f HONORING RANDY SIEFKIN same dedication he has shown in his aca- demic career to his future accomplishments. RICARDO MUNOZ HON. DENNIS A. CARDOZA f OF CALIFORNIA MEDIA EXAGGERATE PRESIDENT’S HON. ED PERLMUTTER IN THE HOUSE OF REPRESENTATIVES OF COLORADO APPROVAL NUMBERS IN THE HOUSE OF REPRESENTATIVES Monday, May 4, 2009 Monday, May 4, 2009 Mr. CARDOZA. Madam Speaker, I rise HON. today to honor Randy Siefkin, a long time po- OF TEXAS Mr. PERLMUTTER. Madam Speaker, I rise litical icon of Modesto, California. Randy has IN THE HOUSE OF REPRESENTATIVES today to recognize and applaud Ricardo spent a majority of his days as a Professor of Monday, May 4, 2009 Munoz who has received the Arvada Wheat Political Science at Modesto Junior College, Ridge Service Ambassadors for Youth award. but behind the scenes he has proven effective Mr. SMITH of Texas. Madam Speaker, in Ricardo Munoz is a senior at Wheat Ridge in getting countless candidates elected to local their stories assessing President Obama’s first High School and received this award because office. 100 days in office, the national media have his determination and hard work have allowed Randy Siefkin’s first hint at political interest been quick to tout the President’s supposedly him to overcome adversities. may have been in 1952, when at age 10 he high approval rating. The dedication demonstrated by Ricardo helped arrange an ice cream hour for Dwight But the facts are otherwise. Munoz is exemplary of the type of achieve- D. Eisenhower. He furthered his hunger for A Rasmussen poll released yesterday ment that can be attained with hard work and politics by working on campaigns for Nixon showed the President’s approval rating at 55 perseverance. It is essential that students at and Rockefeller—and eventually made a ca- percent and his disapproval rating at 43 per- all levels strive to make the most of their edu- reer by steadfastly serving as Professor of Po- cent. cation and develop a work ethic that will guide Fewer than half of voters say the President litical Science at Modesto junior College from them for the rest of their lives. is doing a good job handling the economy. 1970 to 2001. From that day in 1952 right up I extend my deepest congratulations once And only a third of voters think the Presi- to this very hour, Randy is actively collecting again to Ricardo Munoz for winning the Ar- dent is governing on a bi-partisan basis. political buttons from every corner of the earth. vada Wheat Ridge Service Ambassadors for These are hardly impressive figures. Thirty one years of educating students left Youth award. I have no doubt he will exhibit The fact is that many Americans are not little time for much else, but somehow Randy the same dedication he has shown in his aca- happy with the direction of the country under managed to devote himself to a number of demic career to his future accomplishments. President Obama. community groups and civic organizations. f The national media should take a break Ranging from serving on the Board for the from patting the President on the back and re- A TRIBUTE TO MATTHEW POLITE Muir Trail Girl Scouts to directing the Modesto port the facts objectively. Film Society to participating with North Mo- f HON. desto Rotary, Randy has shown a genuine de- OF NEW YORK votion to his community. RECOGNIZING THE OUTSTANDING ACHIEVEMENTS OF CARLOS V. IN THE HOUSE OF REPRESENTATIVES Politics and civic duties have not only been a passion for Randy, but his family is equally MEJIA Monday, May 4, 2009 devoted to giving back as well. Randy Siefkin Mr. TOWNS. Madam Speaker, I rise today is married to Stanislaus County Superior Court HON. HENRY CUELLAR in recognition of Matthew Polite, a leader in Judge Susan J. Siefkin and they have two OF TEXAS his community and an inspiration to all of New children—Nelson, a Cultural Resources Spe- IN THE HOUSE OF REPRESENTATIVES York. cialist for the National Park Service, and Matthew Polite was born in 1905 on the Is- Kristen, a Public Relations professional. Monday, May 4, 2009 land of St. Helena, off the coast of South Madam Speaker, it is an absolute honor to Mr. CUELLAR. Madam Speaker, I rise today Carolina. The only son of a former slave, Mat- share a little bit about Randy Siefkin and to to recognize Mr. Carlos Mejia for his dedica- thew understands well how freedom is a cher- thank him for his selfless devotion to his fam- tion to the Laredo community and the State of ished gift to be used in the service of your fel- ily, his community, and his country. Texas. Mr. Mejia has given so much of his low man. f time and effort in order to make his community Matthew Polite and his wife, Netha, were a better place. wed in 1926. They moved to Savannah, Geor- JOEY MEYER After graduating from Texas A&M in 1963, gia, where he worked as a baker in Whole- Mr. Mejia attended the University of Southern some Bakery. After some years, they moved HON. ED PERLMUTTER California where he earned his Master of again to Miami, Florida where he continued as OF COLORADO Science Degree in Civil Engineering. In 1978, a baker. Matthew and his family moved to IN THE HOUSE OF REPRESENTATIVES he became the City Engineer for the city of New York City in 1954. There he became the Laredo, Texas. He served this post until 1981 Deacon for the Orange Baptist Church in the Monday, May 4, 2009 and has since then been instrumental in many Bronx, forging a lifelong relationship with the Mr. PERLMUTTER. Madam Speaker, I rise of Laredo’s major infrastructure projects. He congregation. He served the church commu- today to recognize and applaud Joey Meyer was the civil engineer for the design of the nity with honor and distinction for many years who has received the Arvada Wheat Ridge main runway, parallel taxi ways, airplane park- until his retirement in 1969, when he returned Service Ambassadors for Youth award. Joey ing apron, and all landslide improvements for to his hometown in Stavenhagen, South Caro- Meyer is an 8th grader at North Arvada Middle the Laredo International Airport. He was also lina. School and received this award because his the lead civil engineer for the preparation of Matthew Polite has since returned to New determination and hard work have allowed him the Master Plan for Texas A&M International York City, surrounded by his friends and fam- to overcome adversities. University.

VerDate Mar 15 2010 09:31 Sep 01, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E04MY9.000 E04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 11469 His constant dedication to his work and his to her extensive work in the literary field, Blink, the Masons converted the farm and community have led Mr. Mejia to be honored Charlotte rightfully earned a spot in Feminists mansion into the Maryland Masonic Home. It with the Community Partner of the Year Award Who Changed America, 1963–1975. was created as a housing facility for Masons for 2008 presented by . As the wife of the late Congressman and and their families who were either elderly, or Just this past year he was selected to the La- World Bank president , Char- of declining health. redo Junior Achievement Hall of Fame for lotte spent her life with a man who was voted The Masonic Home has grown over the 2009. by his colleagues the ‘‘most respected’’ mem- years from a simple dormitory, to an active Madam Speaker, please join me in honoring ber of Congress. Charlotte often accompanied community with a wide range of services. a great resident of Laredo and a great Amer- Barber on his trips all over the world. She From dining rooms and recreational facilities, ican in Mr. Carlos Mejia. Through his hard served as his eyes and ears, often splitting up to health care practices and scheduled activi- work and tireless dedication Laredo has seen from the group in order to give Barber a more ties, that Masonic Home presents opportuni- significant improvements over the years and accurate description of the conditions on the ties for its residents to maintain a vibrant life- for that we recognize you today Mr. Mejia. ground. style. For the past week, the Maryland Ma- f On May 9, 2009, Charlotte will be recog- sonic Home has been celebrating this truly re- nized by the YWCA of Genesee County as a markable milestone with various events and ANGELICA PEREA Fabulous Female for her lifetime achievement. activities for its residents. As a lifetime supporter of the local YWCA, Over the last 75 years, they hay lived up to HON. ED PERLMUTTER Charlotte will become a recipient of the very their mission, ‘‘To provide excellent care in a OF COLORADO award she is receiving. She is certainly de- safe, affordable, dignified, quality environment for eligible Masons and their families, in keep- IN THE HOUSE OF REPRESENTATIVES serving of this high honor. Madam Speaker, in recognition of the life- ing with Masonic Principles, providing for ex- Monday, May 4, 2009 time achievements of Charlotte Williams Con- pansion, while maintaining financial viability.’’ Madam Speaker, I ask that you join with me Mr. PERLMUTTER. Madam Speaker, I rise able, I ask this Honorable Body to join me in today to honor the Maryland Masonic Home today to recognize and applaud Angelica honoring Charlotte Williams Conable for her on the celebration of its 75th Anniversary. As Perea who has received the Arvada Wheat dedication to furthering the equality of women a fellow Mason, it is with great pride that I Ridge Service Ambassadors for Youth award. throughout the world. congratulate the entire organization on this in- Angelica Perea is an 8th grader at North Ar- f vada Middle School and received this award credible accomplishment. because her determination and hard work WHITNEY NELSON f have allowed her to overcome adversities. RACHEL OLSSON The dedication demonstrated by Angelica HON. ED PERLMUTTER Perea is exemplary of the type of achievement OF COLORADO HON. ED PERLMUTTER that can be attained with hard work and perse- IN THE HOUSE OF REPRESENTATIVES OF COLORADO verance. It is essential that students at all lev- IN THE HOUSE OF REPRESENTATIVES els strive to make the most of their education Monday, May 4, 2009 and develop a work ethic that will guide them Mr. PERLMUTTER. Madam Speaker, I rise Monday, May 4, 2009 for the rest of their lives. today to recognize and applaud Whitney Nel- Mr. PERLMUTTER. Madam Speaker, I rise I extend my deepest congratulations once son who has received the Arvada Wheat today to recognize and applaud Rachel again to Angelica Perea for winning the Ar- Ridge Service Ambassadors for Youth award. Olsson who has received the Arvada Wheat vada Wheat Ridge Service Ambassadors for Whitney Nelson is an 8th grader at Oberon Ridge Service Ambassadors for Youth award. Youth award. I have no doubt she will exhibit Middle School and received this award be- Rachel Olsson is an 8th grader at Faith Chris- the same dedication she has shown in her cause her determination and hard work have tian Academy and received this award be- academic career to her future accomplish- allowed her to overcome adversities. cause her determination and hard work have ments. The dedication demonstrated by Whitney allowed her to overcome adversities. f Nelson is exemplary of the type of achieve- The dedication demonstrated by Rachel ment that can be attained with hard work and Olsson is exemplary of the type of achieve- HONORING CHARLOTTE WILLIAMS perseverance. It is essential that students at ment that can be attained with hard work and CONABLE all levels strive to make the most of their edu- perseverance. It is essential that students at cation and develop a work ethic that will guide all levels strive to make the most of their edu- HON. CHRISTOPHER JOHN LEE them for the rest of their lives. cation and develop a work ethic that will guide OF NEW YORK I extend my deepest congratulations once them for the rest of their lives. I extend my deepest congratulations once IN THE HOUSE OF REPRESENTATIVES again to Whitney Nelson for winning the Ar- vada Wheat Ridge Service Ambassadors for again to Rachel Olsson for winning the Arvada Monday, May 4, 2009 Youth award. I have no doubt she will exhibit Wheat Ridge Service Ambassadors for Youth Mr. LEE of New York. Madam Speaker, it is the same dedication she has shown in her award. I have no doubt she will exhibit the with great pride that I rise today to honor one academic career to her future accomplish- same dedication she has shown in her aca- of my most prestigious constituents, Charlotte ments. demic career to her future accomplishments. Williams Conable. A longtime resident of Alex- f f ander, New York, Charlotte has made it her HONORING MARYLAND AND A TRIBUTE TO JUSTICE SANDRA life’s work to advance the status of women DAY O’CONNOR around the world. MASONIC HOME A longtime advocate of women’s rights, Charlotte enlisted in the women’s studies mas- HON. ADAM B. SCHIFF HON. C.A. DUTCH RUPPERSBERGER OF CALIFORNIA ters’ program at George Washington Univer- OF MARYLAND IN THE HOUSE OF REPRESENTATIVES sity as an adult student. It was during her time IN THE HOUSE OF REPRESENTATIVES there that she wrote Women at Cornell: The Monday, May 4, 2009 Monday, May 4, 2009 Myth of Equal Education, a novel that explores Mr. SCHIFF. Madam Speaker, I rise today the origins of coeducation and discusses the Mr. RUPPERSBERGER. Madam Speaker, I to honor Justice Sandra Day O’Connor, on the role Cornell University had in bringing women rise before you today to honor the Maryland occasion of her recognition as a ‘‘Person of into the collegiate system. In 1981, Charlotte Masonic Home on the celebration of its 75th the Century’’ by the Rotary Club of Los Ange- penned another book, Older Women: The Ec- Anniversary as a retirement community for les in celebration of their Centennial year. onomics of Aging. As a graduate of Cornell Master Masons and their families. In a year where we witnessed the first Afri- University, Charlotte was one of only a few The Maryland Masonic Home has provided can-American assume the Office of the Presi- women who went on to earn a position on exceptional service to its residents since 1934. dent of the United States, it is especially ap- Cornell’s prestigious Board of Trustees. Due After purchasing the property called Bonnie propriate to honor a woman who shattered the

VerDate Mar 15 2010 08:27 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E04MY9.000 E04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11470 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 May 4, 2009 marble ceiling of the United States Supreme the state of Delaware, as well as the United Gunlicks, upon the occasion of his retirement Court some 28 years ago and served as an States of America. as Director of Music at Independence High important role model for so many in this Na- A native of Westchester, Pennsylvania, School. Mr. Gunlicks leaves behind a legacy tion. General Thompson’s military career began of kindness, sincere concern for every student Born in El Paso, Texas in 1930, Sandra Day when he received his commission through the and dedication to fostering an atmosphere O’Connor spent several of her early years Air National Guard Academy of Military where creativity and teamwork flourished. growing up on her family’s ranch in Arizona. Science in 1980. He quickly earned his pilot Over the course of a career spanning 35 Later, in 1950, she graduated from Stanford wings a year later, and became an Instructor years, he led his students through band camp, University with a bachelor’s degree in eco- and Standardization/Evaluation Pilot for the C– half-time shows, parades, Madrigal Dinners, nomics, followed by a juris doctorate in 1952. 130 Aircraft with 32 combat sorties and 197 musical theater productions, outdoor commu- In 1952, she married John Jay O’Connor, Ill, combat support sorties. He served as the nity concerts and memorable trips to Florida. and they have three sons. After working for a 166th Airlift Wing Commander and is a vet- But for Mr. Gunlicks, teaching was far more time in both California and Germany, Sandra eran of Operations Desert Shield, Desert than a job. It was an avocation. He consist- Day O’Connor again took up residence in the Storm, Noble Eagle, Enduring Freedom and ently went above and beyond the call of duty, state of Arizona. Iraqi Freedom. General Thompson is a com- working to establish successful mentoring rela- In Arizona, O’Connor held positions in both mand pilot with over 4,500 hours in the C– tionships with all students. Through the power- law and politics, working as an Assistant Attor- 130A, C–130H2, T–37 and T–38. During his ful medium of music, he inspired his students, ney General and serving in the State Senate, service thus far, General Thompson has encouraged their participation and strength- appointed by the Governor to fill a vacancy. earned numerous awards and decorations, in- ened their self-confidence. His students trust- After twice winning reelection to the State cluding the Legion of Merit and the National ed, respected and admired him, and he was Senate, she ran for the position of Judge in Defense Service Medal. I fully expect that he always willing to help with a problem or pro- the Maricopa County Superior Court of Ari- will continue to earn awards and citations vide fatherly guidance and advice. zona in 1974. While a judge she gained a rep- under his new rank. Mr. Gunlicks’ belief in musical opportunities utation for being firm but just, and she would I commend Bruce Thompson upon receiving for all is evidenced throughout his tenure at later be appointed to the Arizona Court of Ap- this great honor and for his years of extraor- Independence High School. As Director of the peals. dinary service and countless contributions to Vocal Program, Mr. Gunlicks made room in In 1981, Sandra Day O’Connor made his- the Delaware Air National Guard. General his programs for all interested students. Stu- tory after being nominated by President Ron- Thompson is an exemplary citizen, and on be- dents who wanted to participate but who ald Reagan for the position of Associate Jus- half of all Delawareans I would like to thank weren’t confident enough in their talents as tice of the United States Supreme Court. She him and his family for the many sacrifices they singers were encouraged to join the chorus, received unanimous Senate approval, becom- have made during the past twenty-nine years. without having to audition. Under his leader- ing the first woman to serve on the Supreme His promotion to the rank of Brigadier General ship, the marching band grew steadily over Court. is an appropriate milestone in a truly remark- the years, from 26 members in 1974 to more During her tenure on the Court, Justice able career. than 100 band members today. Madam Speaker and Colleagues, please O’Connor gained a reputation for approaching f each case with an open mind and for seeking join me in honor of Mr. Kendal Gunlicks, out practical solutions to complex legal issues. DAMION MILES whose passion for music and unwavering Her pragmatic and centrist approach had an dedication to his students has served as a important moderating influence on the Court, HON. ED PERLMUTTER source of inspiration, joy, and camaraderie within the hearts and minds of every student and her independent philosophy had an impor- OF COLORADO who has walked through the band room doors. tant impact on a number of seminal cases. In IN THE HOUSE OF REPRESENTATIVES 2006, Justice O’Connor retired after serving His tenure as Music Director has had an im- Monday, May 4, 2009 over 24 years on the Court. pact on the lives of countless students; he Justice O’Connor and I have a shared belief Mr. PERLMUTTER. Madam Speaker, I rise served as a wonderful role model for each of in the need for an independent judiciary and a today to recognize and applaud Damion Miles them to emulate—in the classroom and in life. shared desire to improve relations between who has received the Arvada Wheat Ridge Mr. Gunlicks’ passion for music, humble ap- our branches of government. As founder and Service Ambassadors for Youth award. proach and unwavering dedication to his pro- Co-Chair of he Congressional Caucus on the Damion Miles is an 8th grader at Arvada Mid- fession has enriched the fabric of our entire Judicial Branch, I had the distinct pleasure of dle School and received this award because community, connecting us all through the uni- hosting Justice O’Connor in the U.S. Capitol, his determination and hard work have allowed versal language of music. just before her retirement, for an event de- him to overcome adversities. f signed to jointly promote these common goals. The dedication demonstrated by Damion ANISSA MILLER I consider it an honor to recognize Justice Miles is exemplary of the type of achievement Sandra Day O’Connor and ask my colleagues that can be attained with hard work and perse- HON. ED PERLMUTTER to join me in commending her on the occasion verance. It is essential that students at all lev- OF COLORADO of her recognition as a Rotary Club of Los An- els strive to make the most of their education IN THE HOUSE OF REPRESENTATIVES geles ‘‘Person of the Century.’’ and develop a work ethic that will guide them Monday, May 4, 2009 f for the rest of their lives. I extend my deepest congratulations once Mr. PERLMUTTER. Madam Speaker, I rise IN HONOR OF BRIGADIER again to Damion Miles for winning the Arvada today to recognize and applaud Anissa Miller GENERAL BRUCE THOMPSON Wheat Ridge Service Ambassadors for Youth who has received the Arvada Wheat Ridge award. I have no doubt he will exhibit the Service Ambassadors for Youth award. Anissa HON. MICHAEL N. CASTLE same dedication he has shown in his aca- Miller is a 7th grader at Drake Middle School OF DELAWARE demic career to his future accomplishments. and received this award because her deter- IN THE HOUSE OF REPRESENTATIVES f mination and hard work have allowed her to overcome adversities. Monday, May 4, 2009 IN HONOR OF KENDAL GUNLICKS The dedication demonstrated by Anissa Mil- Mr. CASTLE. Madam Speaker, it is with ler is exemplary of the type of achievement great pleasure that I rise today to recognize HON. DENNIS J. KUCINICH that can be attained with hard work and perse- Bruce Thompson for his recent promotion to OF OHIO verance. It is essential that students at all lev- the rank of Brigadier General. Through years IN THE HOUSE OF REPRESENTATIVES els strive to make the most of their education of relentless hard work and determination, and develop a work ethic that will guide them Monday, May 4, 2009 General Thompson ascended to Brigadier for the rest of their lives. General, a rank that only a few will obtain in Mr. KUCINICH. Madam Speaker, I rise I extend my deepest congratulations once their lifetime. I am proud that this man serves today in honor and recognition of Kendal again to Anissa Miller for winning the Arvada

VerDate Mar 15 2010 08:27 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E04MY9.000 E04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 11471 Wheat Ridge Service Ambassadors for Youth rity, and President Obama’s decision to close tion between legislators in the US House of award. I have no doubt she will exhibit the the Guantanamo detention facility. Representatives and the European Par- same dedication she has shown in her aca- Madam Speaker, I would like to commend liament on issues of common concern and legislation that affects each side of the At- demic career to her future accomplishments. Representative BERKLEY for bringing the lantic. We also expressed our intention to f American delegation to Estonia and Lithuania have increased communication between our in advance of the TLD meeting for important biannual meetings, using mechanisms such IN PRAISE OF THE TRANS- bilateral visits with these important NATO and as periodic video conferences and the forma- ATLANTIC LEGISLATORS’ DIA- EU allies. In both countries the delegation met tion of working groups to address specific LOGUE MEETINGS HELD LAST with the President, Prime Minister, Speaker topics in greater detail. MONTH IN PRAGUE and parliamentarians to reaffirm our country’s With regard to foreign policy and security issues discussed during our TLD meeting, we friendship and support for the Baltic states. agreed that joint action is the most effective HON. HOWARD L. BERMAN These high level discussions focused on re- way to approach problems which affect both OF CALIFORNIA gional security, responses to the global finan- sides of . In particular, we con- IN THE HOUSE OF REPRESENTATIVES cial crisis, and the importance of energy diver- sidered that: a) peace in the Middle East requires a du- Monday, May 4, 2009 sification. In Estonia, members raised the issue of citizenship laws and the importance of rable ceasefire, an end to attacks on Israel Mr. BERMAN. Madam Speaker, I would like good relations between ethnic Russians and from Hamas and other terrorists, a func- tioning and effective government in the Pal- to call the attention of my colleagues in the Estonians. In Lithuania, U.S. members Congress to a successful meeting of the estinian Territories. We also expressed our thanked political leaders for their valuable con- support for the appointment of George Transatlantic Legislators’ Dialogue (TLD) that tributions to the NATO mission in Afghanistan. Mitchell as Special Envoy to the Middle East was held in Prague, Czech Republic, from They pressed them on the need to resolve Peace Process; April 18–20, 2009. Chairwoman SHELLEY longstanding problems with Jewish property b) the comprehensive new strategy for Af- BERKLEY, the gentlelady from Nevada, con- restitution, protect a historic Jewish cemetery ghanistan and Pakistan announced by Presi- dent Obama on 27 March 2009 constitutes a tinues to provide this important interparliamen- site, and cease investigations of Jewish par- tary exchange with enthusiastic leadership and good basis for a regional approach to secu- tisans regarding their World War II activities. rity, combating terrorism, and economic de- a strong commitment to strengthening rela- The delegation also spoke with a group of velopment. The EU and the US should en- tions with our European allies. I commend this Belarusian opposition leaders who traveled to hance their cooperation and support, work to bipartisan delegation—which included PAUL Vilnius from Minsk to brief members on the improve the coordination and effectiveness KANJORSKI (D–PA), DANA ROHRABACHER (R– political and human rights situation in Belarus. of Provincial Reconstruction Teams (PRTs), CA), LORETTA SANCHEZ (D–CA), JOHN R. CAR- The U.S. delegation assured them of our on- and seek to help build critical infrastructure TER (R–TX), PHIL GINGREY (R–GA), VIRGINIA across Afghanistan; going support of their brave efforts. c) the dialogue affirmed that a nuclear FOXX (R–NC), STEVE COHEN (D–TN), and RON In conclusion, I would like to enter into the armed Iran is unacceptable. We also agreed KLEIN (D–FL)—for their contributions to an in- CONGRESSIONAL RECORD the joint statement that relations with Iran should involve both formed and productive exchange of views with that was agreed upon by American and Euro- incentives for Iran to build constructive ties Members of the European Parliament. pean legislators at the 66th TLD meeting held with the international community as well as The Transatlantic Legislators’ Dialogue in Prague. This document highlights the impor- concerted pressure on Iran if it continues to serves as the formal response of the Euro- tance of continued transatlantic dialogue and fail to comply with its international obliga- pean Parliament and the U.S. Congress to the cooperation in addressing pressing financial tions in the nuclear area and human rights; commitment in the New Transatlantic Agenda and foreign policy crises. and of 1995 to enhance legislative ties between d) relations with Russia should involve TRANSATLANTIC LEGISLATORS’ DIALOGUE constructive cooperation on challenges, the European Union and the United States. JOINT STATEMENT threats and opportunities of mutual concern, The TLD involves bi-annual meetings between Shelley Berkley, Chairwoman, United including security matters, disarmament American and European legislators in order to States Congress Delegation, Phil Gingrey, and non-proliferation, and respect for demo- exchange views on topics of mutual interest Acting Vice Chairman, United States Con- cratic principles including human rights and foster transatlantic discourse. I welcome gress Delegation, Ron Klein, Acting Vice standards, and adherence to international the discussion held by members at the Prague Chairman, United States Congress Delega- law. The dialogue expressed concerns about session about ways in which to deepen the tion, and Jonathan Evans, MEP, Chairman, Russia’s recent behaviour in regards to the dialogue and increase their communication be- European Parliament Delegation. recent conflict with Georgia and energy dis- We, the Members of the European Par- pute with Ukraine. We also cited the need to yond these formal meetings. liament and the United States House of Rep- enhance mutual trust between the trans- Given the recent transition in the U.S. ad- resentatives, held our 66th Interparliamen- atlantic partners and Russia. ministration and the upcoming European Par- tary meeting (Transatlantic Legislators’ On energy and climate change, we stressed liament elections, it is essential that legislators Dialogue) in Prague, Czech Republic, on 18–20 that the EU and the US should work to- continue their collaboration on the important April 2009. gether to address these issues at the UN ne- issues facing citizens on both sides of the At- Building on the joint statement issued fol- gotiations in Copenhagen later this year. We lantic. The financial crisis was a central topic lowing our last meeting in Miami on 6–8 De- discussed cap-and-trade systems and the fea- cember 2008, we stressed the importance of sibility of setting up mutually compatible at the Prague meeting, with presentations by regular dialogue on a range of political, so- systems. We noted the link between tackling European experts as well as representatives cial and economic issues that affect all of climate change and addressing energy secu- of the EU and U.S. administrations. The TLD our citizens. We agreed to report back to our rity and economic growth, recognizing that emphasized the need for a strong and coordi- parent bodies on the content and outcome of the fight against climate change could also nated transatlantic policy response, while reit- our discussions, particularly in the areas be an opportunity to create new jobs and sus- erating the importance of the Transatlantic where joint efforts are likely to result in tain economic growth. Economic Council (TEC) as a framework for positive outcomes. We examined the consequences of the glob- al economic and financial turmoil. We cooperation. Members also addressed press- We discussed with Czech Minister of For- eign Affairs and Council President-in-office agreed that the crisis requires a strong and ing foreign policy issues. Particular attention Karel Schwarzenberg the Summit held in coordinated policy response by the US and was devoted to Afghanistan and Pakistan, as Prague on 5 April 2009 between President the EU. Recovery plans currently being TLD participants engaged in a dialogue with Obama and the 27 EU Heads of State and adopted are critical in mitigating the effects Richard Boucher, U.S. Assistant Secretary for Government. We welcomed its outcome and of the crisis: approaches chosen should be South and Central Asian Affairs, about Presi- expressed our trust that this meeting will compatible, avoid protectionist measures, dent Obama’s comprehensive new strategy. provide a strong impetus for strengthening and not give rise to distortions of competi- Other foreign policy debates focused on the the transatlantic relationship and furthering tion in the transatlantic market place. We a common agenda. considered that global financial regulation status of diplomatic initiatives regarding the The Transatlantic Legislators’ Dialogue and supervision should be strengthened, in- Iranian nuclear threat, the Middle East peace agreed that we should build on this political cluding better crisis prevention and manage- process, and relations with Russia. In addition, momentum to improve and renew the frame- ment, and that EU and US should cooperate the delegates talked about the challenge of cli- work of the transatlantic relationship. In on the reform of international financial in- mate change, the importance of energy secu- this context, we called for greater collabora- stitutions.

VerDate Mar 15 2010 08:27 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 0634 E:\BR09\E04MY9.000 E04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11472 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 May 4, 2009 We stressed the importance of the Trans- who has received the Arvada Wheat Ridge HONORING THE VOLUNTEER atlantic Economic Council (TEC), including Service Ambassadors for Youth award. Matt SERVICE OF KARISSA TATOM its utility as a framework for macro-eco- Miller is a junior at Arvada West High School nomic cooperation between both partners. We welcomed the progress made over recent and received this award because his deter- HON. WALT MINNICK months in promoting transatlantic economic mination and hard work have allowed him to OF IDAHO integration, including investment, account- overcome adversities. IN THE HOUSE OF REPRESENTATIVES ing standards, regulatory issues, the safety The dedication demonstrated by Matt Miller Monday, May 4, 2009 of imported products, and the enforcement of intellectual property rights. is exemplary of the type of achievement that Mr. MINNICK. Madam Speaker, I would like We insisted that transatlantic economic can be attained with hard work and persever- to congratulate and honor a young student cooperation must be more accountable and ance. It is essential that students at all levels from my district who has achieved national transparent. In particular, the schedules of strive to make the most of their education and TEC meetings, agendas, roadmaps and recognition for exemplary volunteer service in develop a work ethic that will guide them for her community. Karissa Tatom, 17, of Merid- progress reports should be agreed upon be- the rest of their lives. tween the core stakeholders as early as pos- ian, a senior at Cole Valley Christian Schools, sible and then made public. Such measures I extend my deepest congratulations once has been named one of the top honorees in are crucial to developing a clear and trans- again to Matt Miller for winning the Arvada Idaho by the 2009 Prudential Spirit of Commu- parent process for setting the agenda of the Wheat Ridge Service Ambassadors for Youth nity Awards program, an annual honor con- TEC, extending the TEC to new sectors, and award. I have no doubt he will exhibit the ferred on the most impressive student volun- establishing a long-term roadmap of activi- ties. We called on the EU and US executive same dedication he has shown in his aca- teers in each state and the District of Colum- branches to facilitate more active participa- demic career to his future accomplishments. bia. tion by members of the US Congress and the Ms. Karissa Tatom is being recognized as a European Parliament in the TEC process, in f Distinguished Finalist by the program’s judges, particular via the TLD. and will receive a bronze medal. Ms. Tatom We considered that both partners should IN RECOGNITION OF DRS. CATHIE learned how to knit so she could make hats use the full potential of the TEC in order to SCHUMACHER AND K.C. and scarves for the ‘‘Mad Hatter’’ organization, overcome the existing obstacles to economic integration. To this effect, legislators on KALTENBORN which provides hats to women and children both sides of the Atlantic should convey who have suffered hair loss due to chemo- their views on legislative and bureaucratic therapy. obstacles to the TEC leadership and conduct HON. DON YOUNG In light of numerous statistics indicating that a regular review of the situation. We empha- Americans today are less involved in their OF ALASKA sized once more the concerns raised by the communities, it’s vital that we encourage and 100 percent cargo scan requirement, as well IN THE HOUSE OF REPRESENTATIVES support the kind of selfless contributions this as the need to resolve remaining disputes young citizen has made. People of all ages with regard to the REACH regulation and ac- Monday, May 4, 2009 cess to the EU market for American poultry. need to think more about how we, as indi- We discussed President Obama’s signing of Mr. YOUNG of Alaska. Madam Speaker, the vidual citizens, can work together at the local an executive order leading to the closure of Shining Lights Award is presented to individ- level to ensure the health and vitality of our the Guantanamo detention facility within a uals who demonstrate dedication to public towns and neighborhoods. Young volunteers year. We also considered that the US and the service and the highest level of character, in- like Ms. Karissa Tatom are inspiring examples EU Member States should cooperate in find- tegrity and ethics. Anchorage Project Access, to all of us and are among our brightest hopes ing solutions wherever necessary, including for tomorrow. accepting Guantanamo inmates in the Euro- Drs. Kaltenborn and Schumacher have them- pean Union. selves by embodying the Jewish value of Ms. Tatom should be extremely proud to The dialogue also focused on the negotia- Tikkun Olam for their selfless work in bringing have been singled out from the thousands tions between the US and the EU Member medical care to Anchorage’s most impover- dedicated volunteers who participated in this States to extend access to the US visa waiv- ished residents and have been selected as the year’s program. I heartily applaud her for her er programme. We welcomed the extension of 2009 recipients of the Shining Lights Award. initiative in seeking to make her community a the programme to seven EU Member States, better place to live, and for the positive impact and encouraged the EU and US executive In today’s economic climate, many people she has had on the lives of others. She has bodies to continue activities with regard to are forced to choose between food, rent, and the Member States not yet included. demonstrated a level of commitment and ac- their health. Anchorage Project Access (APA) complishment that is truly extraordinary in to- Finally, the dialogue took note of a 2008 is a volunteer network of 405 medical profes- European Commission report on legislation day’s world, and deserves our sincere admira- passed by the US Congress in 2006. The report sionals designed to address the needs of over tion and respect. Her actions show that young found that the legislation was not in compli- 15,000 people in our community who are unin- Americans can—and do—play important roles ance with World Trade Organization policies sured and fall 200% below the poverty line. in our communities and that America’s com- as they apply to internet gambling. The TLD since 2005, APA has united health care pro- expressed strong support for ongoing discus- munity spirit continues to hold tremendous viders, hospitals and ancillary organizations in promise for the future. sions between the US and EU to resolve the an effort to provide basic medical care to situation in an effort to avoid potential those on a limited income. APA strives to re- f sanctions against the US and the loss of ex- port markets for US business sectors. duce health care costs for all of us by pro- RECOGNIZING THE OUTSTANDING moting a model of health through ongoing ACHIEVEMENTS AND CONTRIBU- In conclusion, both sides renewed their care, reducing the unnecessary use of local TIONS OF NORBERT DICKMAN commitment to make the TLD’s work more rel- emergency rooms. evant to the European Parliament and to the U.S. House of Representatives. We also Husband and wife team Drs. Cathie HON. HENRY CUELLAR agreed to further improve the effectiveness of Schumacher and K.C. Kaltenborn were deeply OF TEXAS our dialogue in order to realize the full poten- involved in founding APA and continue to IN THE HOUSE OF REPRESENTATIVES tial of our interparliamentary relationship. dedicate their time and energy to making this Monday, May 4, 2009 f worthwhile project successful. Their tireless ef- Mr. CUELLAR. Madam Speaker, I rise today forts to establish and nurture APA have bene- MATT MILLER to recognize Norbert Dickman. As the General fited the entire Anchorage community and the Manager of Fasken Business, Mr. Dickman State of Alaska. HON. ED PERLMUTTER has contributed so much to the Laredo com- I encourage everyone to reflect on their ex- munity and the State of Texas. OF COLORADO emplary devotion to public service as an inspi- Norbert Dickman was born in 1943 in Chi- IN THE HOUSE OF REPRESENTATIVES ration to use their own talents for the good of cago where he would grow up and attend Monday, May 4, 2009 our community. Congratulations to Drs. Quigley Preparatory Seminary. He would later Mr. PERLMUTTER. Madam Speaker, I rise Schumacher and Kaltenborn and thank you for move to California to attend St. Joseph’s Col- today to recognize and applaud Matt Miller all that you do! lege where he earned an AA Degree and then

VerDate Mar 15 2010 08:27 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E04MY9.000 E04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 11473 a B.A. Degree in Philosophy from St. Patrick’s PERSONAL EXPLANATION umes and launched the scholarly Journal of Seminary. After traveling and attending school Creative Behavior in 1967 which includes the in Europe, Mr. Dickman settled again in Cali- HON. GLENN THOMPSON latest research, tools and techniques on cre- fornia where he would study law at Hastings OF PENNSYLVANIA ativity, innovation and creative problem solv- College of Law in . After prac- IN THE HOUSE OF REPRESENTATIVES ing. From 1967 to 1984, Dr. Parnes served as ticing in Larkspur, California he dedicated his Monday, May 4, 2009 service to Mrs. Barbara Fasken and made nu- president of the Creative Education Founda- merous trips to the Laredo and Midland areas Mr. THOMPSON of Pennsylvania. Madam tion, presenting countless workshops on cre- ativity and creative problem-solving for leaders to help her with her oil and gas companies as Speaker, on rollcall No. 207 I was absent on the evening of April 27, 2009, because I was in business, education and government well as her ranch. attending a public meeting at the Allegheny throughout North and South America, Europe, In 1988, Mr. Dickman moved to Midland and National Forest in Warren, Pennsylvania, re- Asia, Africa and Australia. became the General Manager of Mrs. garding the pending Supplemental Environ- He is a recipient of the State University of Fasken’s business where he continues to mental Impact Statement (SEIS), ongoing liti- New York College at Buffalo ‘‘President’s serve today. He is a valued member of the gation, and the proposed ‘‘settlement.’’ Recent Award for Excellence’’ and is a member of the community who dedicates numerous hours of Forest Service actions on the Allegheny have Creative Education Foundation Hall of Fame his time to non-profit boards in the area in- created adverse economic distress in my rural as well as the American Creativity Associa- cluding the Samaritan Counseling Center, the district and are unfairly denying my constitu- tion’s Hall of Fame. He has also been recog- Executive Council of the Boy Scouts, UTPB ents access to their legally owned subsurface nized by the Innovation Network with a Life- Advisory Board, Permian Basin Area Founda- mineral rights. time Achievement Award for his unprece- tion, Trinity School (where he was Board Had I been present, I would have voted dented accomplishments to further the cre- President from 1995 to 1997), and Casa de ‘‘Yea.’’ ative movement worldwide. Our congratulations extend to his wife, Bea Amigos, where he was Board President for f Parnes, whom Dr. Parnes called ‘‘my indis- three years and is currently resident of the En- TRIBUTE TO DR. SIDNEY J. pensable colleague, my life companion and dowment Board. PARNES dearest friend.’’ Along with their collaborative As the General Manager of Fasken busines educational research, they have served as interests, Mr. Dickson currently oversees HON. BRIAN HIGGINS board members of People Inc. for many years many oil, gas, aid ranching operations in OF NEW YORK and provided numerous workshops for social Webb County. He and his business have IN THE HOUSE OF REPRESENTATIVES agencies. made many contributions to the city of Laredo Monday, May 4, 2009 Our good wishes extend to his children and and the state of Texas. His foundations have grandchildren who influenced and participated Mr. HIGGINS. Madam Speaker, I am hon- donated nearly 600,000 to the area over the in Dr. Parnes pursuits as he has noted ‘‘I’m ored to pay tribute to Sidney J. Parnes, one of proud of my family and their achievements, past few years and his business has helped to the great practitioners and researchers in the revitalize the community. especially their receptivity to creative problem field of creativity and a co-founder of the solving and willingness to apply it from their Madam Speaker, please join me in honoring Osborn-Parnes Creative Problem Solving earliest days to family issues and challenges.’’ Mr. Norbert Dickman for his contributions and Process. I am pleased and honored to send the best hard work over the years to the State of In honoring Dr. Parnes as a pioneer in the wishes of the United States House of Rep- Texas. worldwide understanding of creative thinking, resentatives to Dr. Sidney J. Parnes and to his the House of Representatives adds their ap- family and friends as they gather to celebrate f preciation to those that will be expressed by his life, leadership and legacy of outstanding his family, friends, students and colleagues as contributions to the creative life of those MEGAN OLLER they gather at Daemen College on May 8–9, whose lives he has so greatly influenced and 2009 for ‘‘Unlocking the Magic: A Tribute and to the City of Buffalo, the ‘‘Cradle of Creative Celebration with Sidney J. Parnes.’’ Studies.’’ HON. ED PERLMUTTER Dr. Sidney J. Parnes is co-founder of the f International Center for Studies in Creativity, OF COLORADO housed at my alma mater, Buffalo State Col- PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES lege, and remains the only place in the world where you can receive a Masters of Science Monday, May 4, 2009 HON. MIKE PENCE degree in Creativity. His contributions have OF INDIANA added to the city of Buffalo’s significant rep- Mr. PERLMUTTER. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES utation as a dynamic arts community. today to recognize and applaud Megan Oller Dr. Parnes’ passionate belief that creativity Monday, May 4, 2009 who has received the Arvada Wheat Ridge is a result of a balance between divergent and Mr. PENCE. Madam Speaker, on Thursday, Service Ambassadors for Youth award. Megan convergent thinking and that everyone can be April 29, 2009, I was unavoidably detained Oller is a senior at Arvada High School and taught to apply creative behavior in their per- and missed rollcall vote No. 228 on final pas- received this award because her determination sonal and professional lives has led to his sage of the Credit Cardholders Bill of Rights and hard work have allowed her to overcome well-earned recognition as the world’s leading Act of 2009. Had I been present, I would have adversities. expert in the field for more than a half century. voted ‘‘no.’’ The dedication demonstrated by Megan A life-long creativity researcher and author, f Oller is exemplary of the type of achievement world-class educator and Professor Emeritus IN HONOR OF TAIWAN’S PARTICI- that can be attained with hard work and perse- of Creative Studies at the State University of PATION IN THE WORLD HEALTH verance. It is essential that students at all lev- New York College at Buffalo, Dr. Parnes co- ASSEMBLY els strive to make the most of their education founded CPSI (Creative Problem Solving Insti- and develop a work ethic that will guide them tute) with Dr. Alex Osborn in 1955. The CPSI for the rest of their lives. became an international gathering for the HON. KENNY MARCHANT more than 50 years it was held annually in OF TEXAS I extend my deepest congratulations once Buffalo when, at times, 700 people rep- IN THE HOUSE OF REPRESENTATIVES again to Megan Oller for winning the Arvada resenting 36 countries were in attendance. Wheat Ridge Service Ambassadors for Youth A life-long researcher and author, this Monday, May 4, 2009 award. I have no doubt she will exhibit the world—renowned educator is responsible for Mr. MARCHANT. Madam Speaker, I rise same dedication she has shown in her aca- assembling the most comprehensive library on today to celebrate the announcement of Tai- demic career to her future accomplishments. creativity at the University with over 2,400 vol- wan’s participation as an observer in the

VerDate Mar 15 2010 08:27 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E04MY9.000 E04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11474 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 May 4, 2009 World Health Assembly, WHA, to be held in pares to celebrate her 100th birthday with her PRESIDENT NURSULTAN Geneva, Switzerland. This announcement is friends and family. NAZARBAYEV OF KAZAKHSTAN the culmination of more than a decade of ef- forts by the Taiwanese people to be included f HON. ENI F.H. FALEOMAVAEGA in the assembly. Additionally, many of my con- HONORING THE LIFE OF JACK OF AMERICAN SAMOA gressional colleagues and I have been active IN THE HOUSE OF REPRESENTATIVES in supporting Taiwan’s participation in the KEMP Monday, May 4, 2009 WHA. I am delighted that after years of work in both Taipei and Washington, DC, these ef- HON. PETER T. KING Mr. FALEOMAVAEGA. Madam Speaker, I forts have finally paid off and that Taiwan will OF NEW YORK rise today to commend President Nursultan be able to send a delegation to the WHA later IN THE HOUSE OF REPRESENTATIVES Nazarbayev on his offer to host a nuclear fuel bank in Kazakhstan administered by the Inter- this month under the nomenclature of ‘‘Chi- Monday, May 4, 2009 nese Taipei.’’ national Atomic Energy Agency (IAEA), which With the outbreak of the H1N1 virus sweep- Mr. KING of New York. Madam Speaker, the United States would expect to meet the ing across the United States and several today I rise to honor the life of Jack Kemp highest international standards for safety, se- countries, Taiwan’s inclusion as an observer in who left us this past Saturday. curity and safeguards. It is my understanding the WHA is especially crucial in coordinating While his passing saddens all of us, Jack that the U.S. Department of State has wel- global responses to epidemics. Diseases do lived a full life that was truly remarkable. In comed President Nazarbayev’s announce- not stop at national borders, and Taiwan’s addition to being a wonderful husband and fa- ment, and is prepared in principle to support long absence from the WHA meant that a co- ther, Jack achieved outstanding success as a this offer. In fact, even today, Secretary Hillary ordinated global response to outbreaks was professional quarterback, United States Con- Clinton is meeting with Kazakhstan’s Foreign not as effective as it could be with Taiwan’s gressman, Cabinet Secretary, and Vice Presi- Minister Marat Tazhin, and I understand that inclusion. dential candidate. This is a man who excelled this important measure is on their agenda. I congratulate the Taiwanese people on fi- both personally and professionally. His eco- I am pleased by these series of events, es- nally winning inclusion in the WHA and look nomic policies formed the heart of the Reagan pecially in view of history. From 1949 to 1991, forward to continuing the good relations be- Revolution. Even after his political career the Soviet Union used Kazakhstan as its nu- tween Taiwan and the United States. ended, he made sure to continue his public clear testing ground, exploding more than 500 f service by writing, speaking, and continuing to nuclear bombs and exposing more than 1.5 tackle some of America’s greatest problems. million Kazakhs to nuclear radiation. When the PERSONAL EXPLANATION Jack Kemp always had ideas to offer and he Soviet Union collapsed in 1991, Kazakhstan was most often right. inherited the world’s fourth largest nuclear ar- HON. GLENN THOMPSON Jack not only shined but took a leadership senal and the second largest nuclear test site. OF PENNSYLVANIA role in everything he did. Whether it was on While Kazakhstan could have retained enough IN THE HOUSE OF REPRESENTATIVES the football field leading his team to victories highly enriched uranium to produce 20 nuclear or being a driving force in the House of Rep- bombs, President Nursultan Nazarbayev, in Monday, May 4, 2009 resentatives, he was always in the middle of cooperation with the United States, and under Mr. THOMPSON of Pennsylvania. Madam the action. Jack Kemp certainly embodied the auspices of the Nunn-Lugar Cooperative Speaker, on rollcall No. 209, I was absent on what said about the ‘‘man Threat Reduction (CTR) program, voluntarily the evening of April 27, 2009, because I was in the arena.’’ His was the face that was [lit- dismantled and shut down the nuclear test site attending a public meeting at the Allegheny erally] ‘‘marred by dust and sweat and blood’’ at Semipalatinsk. National Forest in Warren, Pennsylvania, re- during his many athletic and political battles Kazakhstan has since signed with the garding the pending Supplemental Environ- over the years. United States amendments to a bilateral mental Impact Statement, SEIS, ongoing litiga- And even though he was able to achieve so agreement on the nonproliferation of weapons tion, and the proposed ‘‘settlement.’’ Recent much during his time here, we grieve for what of mass destruction which has moved the two Forest Service actions on the Allegheny have he still had to contribute. This is a man who nations towards a new level of cooperation in created adverse economic distress in my rural continuously pushed himself in whatever pro- preventing the threat of bio-terrorism. district and are unfairly denying my constitu- fession he found himself in. As a Pacific Islander, I have a special affin- ents access to their legally owned subsurface I was proud to know Jack Kemp for more ity for President Nazarbayev and the people of mineral rights. than thirty years and to be his friend. Kazakhstan. From 1946 to 1958, the United Had I been present, I would have voted My thoughts and prayers go out to Joanne, States detonated 66 nuclear weapons in the ‘‘aye.’’ his wife of more than fifty years, his four chil- Republic of the Marshall Islands (RMI) includ- f dren, Jeff, Jennifer, Judith, and Jimmy, and ing the first hydrogen bomb, or Bravo shot, his seventeen grandchildren. which was 1,000 times more powerful than the BIRTHDAY GREETINGS TO Jack Kemp was a great man and a true bomb dropped on Hiroshima. Acknowledged MALINDA WRIGHT public servant who touched so many lives in as the greatest nuclear explosion ever deto- a positive way during his life. He will be sorely nated, the Bravo test vaporized six islands HON. missed. and created a mushroom cloud 25 miles in di- OF TEXAS ameter. If one were to calculate the net yield IN THE HOUSE OF REPRESENTATIVES f of tests conducted by the U.S. in the RMI, it would be equivalent to the detonation of 1.7 Monday, May 4, 2009 PERSONAL EXPLANATION Hiroshima bombs every day for 12 years. Re- Mr. PAUL. Madam Speaker, Malinda Smith grettably, the U.S. has never fully made right Wright will turn 100 on May 17, 2009. Malinda HON. MARION BERRY the suffering of Pacific Islanders who, then was born and raised in Brazoria County, TX, OF ARKANSAS and now, face severe health problems and which is in my congressional district, and has IN THE HOUSE OF REPRESENTATIVES even genetic anomalies for generations to spent all of her life there. come. Malinda was married to Alex C. Wright for Monday, May 4, 2009 Through His Excellency Kanat Saudabayev, over seventy years. Together, Malinda and Mr. BERRY. Madam Speaker, I was un- now Secretary of State for the Republic of Alex raised six children. A lifelong lover of avoidably absent on the afternoon of April 29, Kazakhstan, I learned of President reading, Malinda continues to read the news- 2009, and on April 30, 2009. Had I been Nazarbayev’s historic leadership in the cause paper every day, and I understand that she is present, I would have voted ‘‘no’’ on rollcall of nuclear nonproliferation and, since my visit particularly interested in the stock market. vote 223, against final passage of H.R. 1913. to Semipalatinsk, I stand with him in calling for Madam Speaker, I am pleased to take this Had I been present, I would have voted ‘‘aye’’ a nuclear weapons free world. Of all nations, opportunity to extend my congratulations and on rollcall vote 228, for final passage of H.R. Kazakhstan has the most legitimate voice, as best wishes to Malinda Wright as she pre- 627. no other nation has been courageous enough

VerDate Mar 15 2010 08:27 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E04MY9.000 E04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 4, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 11475 to disarm. Frankly speaking, when it comes to voted husband to his wife Maureen and a man threats and intimidation from repressive re- strengthening the global partnership for a nu- of faith. Although he passed away nearly nine gimes. clear weapons free world, President years ago, his life remains an inspiration to us As part of combating this intimidation and Nazarbayev has set the standard for other na- all, speaking volumes for what can be accom- censorship, Mr. ADAM SCHIFF of California and tions to follow. plished when a person’s faith and determina- I recently introduced the Daniel Pearl Freedom As Strobe Talbott, President of the Brook- tion are synchronized with his conduct. It is of Press Act. As many will remember, Daniel ings Institution, recently noted, ‘‘the goal of my hope that the family and friends of Mr. Pearl was kidnapped and murdered by terror- eventually abolishing nuclear weaponry is writ- James Thomas continue to hold on to the fond ists in Pakistan, just 4 months after the Sep- ten into the Nuclear Nonproliferation Treaty memories they shared with him. tember 11th attacks. (NPT), which the U.S. Senate ratified nearly f At the time of his kidnapping, Pearl served 40 years ago.’’ And yet what have the mem- as the South Asia Bureau Chief of the Wall bers of the nuclear club done to disarm? In PERSONAL EXPLANATION Street Journal, and was based in Mumbai, many ways, the five permanent members of India. He went to Pakistan as part of an inves- the UN Security Council, which includes the HON. GLENN THOMPSON tigation into the alleged links between Richard United States, the United Kingdom, France, OF PENNSYLVANIA Reid, the shoe bomber, Al Qaeda and Paki- Russia, and the People’s Republic of China IN THE HOUSE OF REPRESENTATIVES stan’s Inter-Services Intelligence, ISI. He was subsequently beheaded by his captors. This are the worst examples of how the world Monday, May 4, 2009 should deal with nuclear challenges, but I re- legislation is dedicated to Daniel Pearl, the main hopeful that the U.S., under the leader- Mr. THOMPSON of Pennsylvania. Madam many that have gone before him, and those ship of President Obama, will form a strong al- Speaker, on rollcall no. 208 I was absent on that still face such dangers today. The legisla- liance with Kazakhstan in moving the world the evening of April 27, 2009 because I was tion seeks to highlight and promote freedom of forward on this issue. attending a public meeting at the Allegheny the press by establishing an annual State De- Kazakhstan has also made great strides to- National Forest in Warren, Pennsylvania re- partment report on the status of press freedom wards democracy, earning the support of 56 garding the pending Supplemental Environ- in every country in the world and create a member nations to head the OSCE in 2010. mental Impact Statement (SEIS), ongoing liti- grant program aimed at broadening and Today, Kazakhstan has become the most sta- gation, and the proposed ‘‘settlement.’’ Recent strengthening the independence of journalists ble and prosperous nation in Central Asia, and Forest Service actions on the Allegheny have and media organizations. is the first country in the Commonwealth of created adverse economic distress in my rural Now, more than ever, the defense of the Independent States to be granted market district and are unfairly denying my constitu- freedom of the press must continue. Here at economy status by the United States. With ents access to their legally owned subsurface home, the Constitution of the United States more than 130 ethnic groups and 40 faiths liv- mineral rights. provides: ‘‘Congress shall make no law . . . ing in peaceful coexistence, Kazakhstan is Had I been present, I would have voted abridging the freedom of speech, or of the also a model for religious tolerance. ‘‘yea.’’ press.’’ Not since those words were adopted By its actions, Kazakhstan has proven itself f has this body passed a law to ensure the free- to be a key ally of the United States and, as dom of the press. Last month, the House WORLD PRESS FREEDOM DAY such, I welcome Foreign Minister Marat passed the Free Flow of Information Act of Tazhin’s visit to Washington, D.C. 2009, legislation I was honored to introduce f HON. MIKE PENCE with Representative RICK BOUCHER of Virginia. OF INDIANA The bill provides a qualified privilege of con- REMEMBERING THE LIFE OF LIEU- IN THE HOUSE OF REPRESENTATIVES fidential sources to journalists—which is sadly TENANT JAMES THOMAS, FIRE- missing in Federal law—and enables reporters Monday, May 4, 2009 FIGHTER to shield sources in most instances from dis- Mr. PENCE. Madam Speaker, I come to the closure. I urge its swift passage by our col- HON. ELIJAH E. CUMMINGS floor today in support of World Press Freedom leagues in the Senate. OF MARYLAND Day, celebrated on the 3rd day of May each While it is my great hope that a Federal IN THE HOUSE OF REPRESENTATIVES year. I do so with a profound sense of humility Media Shield bill will soon be signed into law and with a sense of privilege about being able here at home, the struggle for freedom of the Monday, May 4, 2009 to come to the floor to speak in support of press is much more primitive in its evolution in Mr. CUMMINGS. Madam Speaker, on June freedom of the press around the world. many parts of the world. And for that reason 28, 2000, the Baltimore City Fire Department World Press Freedom Day has been ob- we must stand in solidarity with all those (BCFD)—and indeed, the entire Baltimore served for 16 years now and serves as a re- around the globe who love freedom and con- community—lost a dedicated and passionate minder to us all of the vital importance of this tinue to strain at the bonds of tyranny and op- advocate and brother, Mr. James Thomas. He core freedom. It is a day in which we cele- pression on this day of remembrance. had retired from BCFD in 1992 after nearly 37 brate the indispensable role played by journal- On this day, we remember reporters like years of dedicated service. ists in exposing abuses of power, while at the Roxana Saberi. Miss Saberi is a 31-year-old Mr. Thomas started his career in 1956 with same time we sound the alarm about the American journalist who was arrested in Feb- Engine No, 6, three years after African Ameri- growing number of journalists that are still ruary 2009, and is being held in Iran on cans were allowed to be employed by the fire being silenced by death or jailed as they at- charges of espionage, which her lawyer and department. In 1962, as member of Engine tempt to report on important issues of the day the U.S. Department of State call baseless. No. 8, Jim was promoted to the rank of Lieu- and bring to light information in the public in- Saberi is a freelance journalist who moved to tenant, which made him the first African Amer- terest. Iran 6 years ago and reports for NPR, the ican Officer within the BCFD. Jim took on Since this day was first celebrated, 692 jour- BBC, and other news organizations. A true many responsibilities and leadership positions nalists have been killed. The majority of vic- representative of this melting pot that is Amer- within the BCFD, serving as a fire and safety tims were local reporters covering topics such ica, she grew up in Fargo, North Dakota, the inspector. as crime, corruption, and national security in daughter of Reza Saberi, who was born in However, as it is widely known firefighters their home countries. Adding to this tragic fig- Iran, and Akiko Saberi, who is from Japan. do not ever retire. They just stop going to the ure are the hundreds more each year who As we learn of cases like Miss Saberi, we fire house everyday and this was also the face intimidation, censorship, and arbitrary ar- understand the stakes that are at risk here. case for Mr. Thomas. After his retirement, fire- rest—guilty of nothing more than a passion for We understand why oppressive regimes like fighter cadets and those with years of experi- truth and a tenacious belief that a free society that of Iran want so desperately to muzzle the ence often sought out Jim for his advice, guid- depends on an informed citizenry. In every unfiltered reporting of journalists like Saberi. ance, and instruction or simply to listen to his corner of the globe—from Iran to Zimbabwe, And we understand why it is so important to experiences within the BCFD. Burma to Pakistan, Cuba and Venezuela— cherish and protect freedom of the press as a Madam Speaker, in addition to being a dedi- there are journalists being actively harassed vital check on abuses of power. Today, we cated firefighter, Jim above all else was a de- and exercising self-censorship because of call on the government of Iran to free Miss

VerDate Mar 15 2010 08:27 Aug 24, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR09\E04MY9.000 E04MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 11476 EXTENSIONS OF REMARKS, Vol. 155, Pt. 9 May 4, 2009 Saberi, hospitalized in her desperate attempt be Assistant Secretary for Information Energy and Natural Resources to win her freedom with a hunger strike that and Technology, William A. Gunn, of To hold hearings to examine a joint staff might appeal to the conscience of her oppres- Virginia, to be General Counsel, Jose draft related to cybersecurity and crit- sor where her valid legal arguments did not. D. Riojas, of Texas, to be Assistant ical electricity infrastructure. Secretary for Operations, Security, and SD–366 As a conservative who believes in limited Preparedness, and John U. Sepulveda, Finance government, I believe the only check on gov- of Virginia, to be Assistant Secretary To hold hearings to examine auctioning ernment power in real time is a free and inde- for Human Resources, all of the De- under cap and trade, focusing on de- pendent press. A free press ensures the flow partment of Veterans Affairs. sign, participation, and distribution of of information to the public, and let me say, SR–418 revenues. during a time when the role of government in 10 a.m. SD–215 our lives and in our enterprises seems to grow Energy and Natural Resources Health, Education, Labor, and Pensions every day—both at home and abroad—ensur- Business meeting to consider pending To hold hearings to examine the nomina- ing the vitality of a free and independent press legislation on siting of interstate elec- tions of Seth David Harris, of New Jer- tric transmission facilities, energy fi- sey, to be Deputy Secretary, and M. is more important than ever. Patricia Smith, of New York, to be So- I salute the bravery of reporters and press nance, and nuclear energy. SD–366 licitor, both of the Department of outlets around the world. I urge you to stand Judiciary Labor. firm and take heart. The U.S. House of Rep- To hold an oversight hearing to examine SD–430 resentatives stands firmly behind your right to the Department of Homeland Security. Judiciary increased freedoms; soon we hope to see this SD–226 Business meeting to consider S. 417, to right enshrined in our public law, and stand in 2 p.m. enact a safe, fair, and responsible state solidarity with those on the front lines of the Aging secrets privilege Act, S. 257, to amend worldwide fight for freedom of the press. To hold hearings to examine solutions to title 11, United States Code, to disallow certain claims resulting from high cost f stop Medicare and Medicaid fraud from hurting seniors and taxpayers. credit debts, S. 448 and H.R. 985, bills to SENATE COMMITTEE MEETINGS SH–216 maintain the free flow of information 2:15 p.m. to the public by providing conditions Title IV of Senate Resolution 4, for the federally compelled disclosure agreed to by the Senate on February 4, Armed Services Strategic Forces Subcommittee of information by certain persons con- 1977, calls for establishment of a sys- To receive a closed briefing to examine nected with the news media, S. 327, to tem for a computerized schedule of all space issues. amend the Violence Against Women meetings and hearings of Senate com- SVC–217 Act of 1994 and the Omnibus Crime mittees, subcommittees, joint commit- 2:30 p.m. Control and Safe Streets Act of 1968 to tees, and committees of conference. Commerce, Science, and Transportation improve assistance to domestic and sexual violence victims and provide for This title requires all such committees Communications and Technology Sub- technical corrections, and the nomina- committee to notify the Office of the Senate Daily tions of William K. Sessions III, of To hold hearings to examine the future Digest—designated by the Rules Com- Vermont, to be Chair of the United of journalism. mittee—of the time, place, and purpose States Sentencing Commission, and SR–253 of the meetings, when scheduled, and John Morton, of Virginia, to be Assist- Foreign Relations any cancellations or changes in the ant Secretary of Homeland Security. European Affairs Subcommittee SD–226 meetings as they occur. To hold hearings to examine NATO post- 10:30 a.m. As an additional procedure along 60, focusing on institutional challenges Agriculture, Nutrition, and Forestry with the computerization of this infor- moving forward. To hold hearings to examine the nomina- mation, the Office of the Senate Daily SD–419 tions of Krysta Harden, of Virginia, Digest will prepare this information for and Pearlie S. Reed, of Arkansas, both MAY 7 printing in the Extensions of Remarks to be an Assistant Secretary, Rajiv J. section of the CONGRESSIONAL RECORD Time to be announced Shah, of Washington, to be Under Sec- on Monday and Wednesday of each Environment and Public Works retary for Research, Education, and week. Business meeting to consider the nomi- Economics, and P. Tonsager, of Meetings scheduled for Tuesday, May nations of Mathy Stanislaus, of New South Dakota, to be Under Secretary 5, 2009 may be found in the Daily Di- Jersey, to be Assistant Administrator, for Rural Development, all of the De- Office of Solid Waste, Cynthia J. Giles, gest of today’s RECORD. partment of Agriculture. of Rhode Island, to be Assistant Ad- SD–106 ministrator for Enforcement and Com- 2 p.m. MEETINGS SCHEDULED pliance, and Michelle DePass, of New Health, Education, Labor, and Pensions MAY 6 York, to be Assistant Administrator To hold hearings to examine the nomina- 9 a.m. for International Affairs, all of the En- tion of Margaret A. Hamburg, of the Appropriations vironmental Protection Agency. District of Columbia, to be Commis- Energy and Water Development Sub- Room to be announced sioner of Food and Drugs, Department committee 9:30 a.m. of Health and Human Services. To hold hearings to examine the range of Armed Services SD–430 innovative, non-geologic applications To hold hearings to examine the report 2:15 p.m. for the beneficial reuse of carbon diox- of the Congressional Commission on Indian Affairs ide from coal and other fossil fuel fa- the Strategic Posture of the United To hold hearings to examine the nomina- cilities. States. tion of Larry J. Echo Hawk, of Utah, to SD–192 SH–216 be Assistant Secretary of the Interior 9:30 a.m. 10 a.m. for Indian Affairs. Banking, Housing, and Urban Affairs Appropriations SD–628 To hold hearings to examine regulating Agriculture, Rural Development, Food and 2:30 p.m. and resolving institutions considered Drug Administration, and Related Energy and Natural Resources to be too big to fail. Agencies Subcommittee Energy Subcommittee SD–538 To hold hearings to examine the 2009 To hold hearings to examine net meter- Foreign Relations H1N1 virus. ing, interconnection standards, and To hold hearings to examine engaging SD–124 other policies that promote the deploy- Iran, focusing on obstacles and oppor- Appropriations ment of distributed generation to im- tunities. Commerce, Justice, Science, and Related prove grid reliability, increase clean SD–419 Agencies Subcommittee energy deployment, enable consumer Veterans’ Affairs To hold an oversight hearing to examine choice, and diversify our nation’s en- To hold hearings to examine the nomina- funding of the Department of Justice. ergy supply. tions of Roger W. Baker, of Virginia, to SD–192 SD–366

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