Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, FIRST SESSION

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

Vol. 155 WASHINGTON, THURSDAY, OCTOBER 1, 2009 No. 140 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- Representatives as the guest chaplain called to order by the Speaker pro tem- nal stands approved. and thank him for that extraordinary pore (Mr. DAVIS of Tennessee). f opening prayer this morning. Welcome, Dr. Dooley. f PLEDGE OF ALLEGIANCE f DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER gentlewoman from New York (Mrs. PRO TEMPORE The SPEAKER pro tempore laid be- MCCARTHY) come forward and lead the The SPEAKER pro tempore (Ms. fore the House the following commu- House in the Pledge of Allegiance. DEGETTE). The Chair will entertain up nication from the Speaker: Mrs. MCCARTHY of New York led the Pledge of Allegiance as follows: to five further requests for 1-minute WASHINGTON, DC, speeches on each side of the aisle. October 1, 2009. I pledge allegiance to the Flag of the I hereby appoint the Honorable LINCOLN United States of America, and to the Repub- f DAVIS to act as Speaker pro tempore on this lic for which it stands, one nation under God, MAD AS HELL DOCTORS day. indivisible, with liberty and justice for all. NANCY PELOSI, (Mr. KUCINICH asked and was given f Speaker of the House of Representatives. permission to address the House for 1 MESSAGE FROM THE SENATE minute.) f Mr. KUCINICH. I want to acknowl- A message from the Senate by Ms. PRAYER edge the presence in our Capitol of a Curtis, one of its clerks, announced group of physicians who have traveled Rev. Dr. Adam Dooley, Red Bank that the Senate has agreed to a concur- Baptist Church, Chattanooga, Ten- across the country rallying public sup- rent resolution of the House of the fol- port for a single-payer health care sys- nessee, offered the following prayer: lowing title: Heavenly Father, we come seeking tem. H. Con. Res. 186. Concurrent resolution The group, which calls itself the Mad Your blessing on this hallowed hall and supporting the goals and ideals of Sickle Cell As Hell Doctors, is expressing the con- the men and women who serve here. We Disease Awareness Month. cern of millions of Americans about a do so with the full awareness of the f health care system which is failing to Apostle Paul’s teaching that ‘‘there is meet the people’s needs: that there are no authority except from God, and WELCOMING REV. DR. ADAM DOOLEY 47 million Americans without any those which exist are established by health insurance, that 50 million Amer- God.’’ The SPEAKER pro tempore. Without icans are underinsured, that people are So Lord, we pray that Your steady objection, the gentleman from Ten- literally going broke, not being able to hand guide them, Your eternal wisdom nessee (Mr. WAMP) is recognized for 1 pay their hospital bills. inform them, Your compassionate minute. We clearly recognize that this system heart encourage them, and Your re- There was no objection. is not sustainable. That’s why JOHN lentless holiness purify them. Mr. WAMP. I want to welcome this CONYERS and I drafted a bill, H.R. 676, May their decisions preserve America morning to the House of Representa- that provides for universal single- as a city on a hill with a light that tives my pastor, Dr. Adam Dooley, who payer, not-for-profit health care. We’re cannot be hidden. Forgive us of our hails from Berea, Kentucky, graduated already paying for such a system. It’s sins as we forgive those who sin from Clear Creek Bible College, and just that we’re not getting it because against us. Bring us to a place of hu- went on to receive his Doctor of Divin- $1 out of every $3 goes for the activities mility before You in order that we ity from the Southern Baptist Theo- of the for-profit system for corporate might enjoy Your richest blessings. logical Seminary. profits, stock options, executive sala- In Jesus’ name we pray. Amen. He was the senior pastor at the Red ries, advertising, marketing, the cost f House Baptist Church in Kentucky be- of paperwork. fore he came to my home church of Red It’s time to take that $800 billion a THE JOURNAL Bank Baptist in Red Bank, Tennessee. year and put it into care for people. Ev- The SPEAKER pro tempore. The Dr. Dooley, his wife, Heather, and eryone is covered then for vision care, Chair has examined the Journal of the their son, Carson, bless our large con- dental health care, mental health care, last day’s proceedings and announces gregation there in Chattanooga, and prescription drugs, long-term care. It’s to the House his approval thereof. today we welcome him to the House of time for single-payer.

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

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VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01OC7.000 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10412 CONGRESSIONAL RECORD — HOUSE October 1, 2009 CONTRADICTING INTELLIGENCE SMALL BUSINESSES AND HEALTH the national news media as ‘‘very or ON IRAN’S NUCLEAR PROGRAM CARE somewhat biased.’’ But you aren’t like- ly to hear about the Sacred Heart poll (Mr. KIRK asked and was given per- (Mr. BUCHANAN asked and was given permission to address the House from the establishment media. mission to address the House for 1 A search of The New York Times, for 1 minute.) minute and to revise and extend his re- The Washington Post, the Los Angeles Mr. BUCHANAN. Madam Speaker, af- marks.) Times, and USA Today yielded zero ar- fordable health care is critical to our Mr. KIRK. The United States re- ticles about the poll. Network news country, but let’s not forget small vealed a secret underground uranium programs have also intentionally ig- business. They create 70 percent of the enrichment facility near Qom, Iran. nored it. U.S. officials told us they were care- jobs in Florida. Ninety-nine percent of It seems the establishment media be- fully observing it for ‘‘several years.’’ all businesses in Florida are small busi- lieve that if they simply ignore the But earlier this year, the Director of nesses, but yet in this debate we’re poll, it does not exist. It’s no wonder National Intelligence, Dennis Blair, looking at charging small businesses that almost half of Americans have provided written congressional testi- an 8 percent tax on payroll. That’s like stopped watching a news outlet be- mony that the intelligence community a fixed expense. cause of the media bias. By ignoring a has ‘‘no evidence that Iran has yet They’re also looking to raise taxes up poll that shows their bias, the estab- made a decision to produce highly en- to 45 percent, with a 5.4 in sunsetting lishment media has confirmed the riched uranium.’’ President Bush’s tax. So, again, 45 per- poll’s results that most Americans be- There is a glaring contradiction be- cent. A lot of that’s pass-through in- lieve the national media is biased. tween the administration’s revelation come for many of our small companies. And that’s just the way it is. These taxes will kill jobs. The 8 per- and Blair’s testimony. I urge Members f cent alone, they’re talking, will put 20 to cosign the bipartisan Kirk-Berkley CORAL REEFS letter calling on Director Blair to ac- percent of our businesses out of busi- (Mr. KLEIN of Florida asked and was count for contradictory testimony on ness in Florida. I know. I’ve been in given permission to address the House the growing Iranian threat. business for 30 years. Let’s help our small businesses. for 1 minute and to revise and extend The 2007 National Intelligence Esti- Small businesses create the jobs. We his remarks.) mate on Iran downplaying the threat can cannot afford to tax them to death. Mr. KLEIN of Florida. Last week, the now appears to be a glaring Intel- It needs to be about the economy and House passed critical legislation to ligence failure. According to the Wall jobs. protect one of Florida’s most treasured Street Journal, the main authors of national wonders. The Coral Reef Con- f that NIE, Van Van Diepen, Tom Fin- servation Act Reauthorization and En- ger, and Ken Brill, should be account- SAVE THE OCEANS hancement, which I strongly sup- able, too. (Mr. INSLEE asked and was given ported, will be a key tool in protecting Congress should ensure that key offi- permission to address the House for 1 this endangered ecosystem. cials get this right, especially on Iran. minute and to revise and extend his re- The bill will support grants for coral marks.) reef conservation and scientific re- f Mr. INSLEE. Madam Speaker, yes- search at our outstanding institutions terday, the actor Sigourney Weaver like the National Coral Reef Institute ALERT DRIVERS ACT showed a movie in the Capitol which in Fort Lauderdale, Florida. was scarier than her movie The Aliens Coral reefs are integral to our safety (Mrs. MCCARTHY of New York asked because it was fact, not fiction, and it and economy in south Florida. They and was given permission to address act as a first line of defense against the House for 1 minute.) was a movie documenting the acidifica- tion of the oceans caused by carbon di- hurricanes and storm surges and they Mrs. MCCARTHY of New York. oxide that we burn that goes in the at- drive our tourist economy by bringing Madam Speaker, distracted driving is a mosphere, goes in the water, and divers, snorkelers, and fishermen from serious problem in our Nation. One makes the oceans acidic. This docu- all over the world to our community. study conducted by Virginia Tech Uni- mentary showed that the waters off the In Broward County alone, coral reefs versity found that drivers are 23 times Pacific coast soon will be so acidic that contribute over $2 billion annually to more likely to get into an accident they can actually melt shell life. our local economy. when texting. A recent New York Madam Speaker, this is not a Demo- The reason I mention this is that Times/CBS News Poll indicated 90 per- crat or a Republican issue. Protecting yesterday the EPA rolled out proposed cent of adults agree that texting while our national treasures is something we rules to do something about these nox- driving should be illegal. can all agree on. I’m proud that my ious gases. Some have said we colleagues came together to pass this This is an issue that rises above po- shouldn’t do that, but those are the important piece of legislation. litical power. This is why the Depart- same people saying we shouldn’t pass a ment of Transportation has dedicated a bill. They’re saying we shouldn’t regu- f 2-day summit here in Washington this late CO2 here, there, or anywhere. MEDIA SLOW TO REPORT ON week to address the rising concerns of I urge all of us to move forward on a ACORN SCANDAL distracted driving on our Nation’s bipartisan basis to stop ocean acidifi- highways. (Mr. COBLE asked and was given per- cation by passing the energy bill we mission to address the House for 1 H.R. 3535, the ALERT Drivers Act, passed in the House. We hope the Sen- minute and to revise and extend his re- which I am proud to introduce along ate will pass it. That’s a route to do it. marks.) with my colleague, Nita Lowey from But, one way or another, we’ve got to Mr. COBLE. Madam Speaker, in his New York, would ban anyone from save the Pacific and Atlantic Oceans. latest column, New York Times Public writing, sending, or reading text mes- f Editor Clark Hoyt criticized the Times sages while operating a moving vehi- for its lack of coverage of the ACORN cle. NATIONAL MEDIA IGNORES MEDIA fraud and corruption scandal. Hoyt Already endorsed by Ford Motors and EVALUATION wrote that the Times showed ‘‘slow re- the Advocates for Highway and Auto (Mr. POE of Texas asked and was flexes’’ and risks appearing ‘‘clueless’’ Safety, I ask that you join me in curb- given permission to address the House or ‘‘partisan’’ if it does not cover simi- ing preventable accidents on our Na- for 1 minute.) lar stories in the future. tion’s roadways and cosponsor the Mr. POE of Texas. Madam Speaker, if The Times wasn’t alone. The Wash- ALERT Drivers Act. a poll is conducted but no one hears ington Post’s ombudsman admitted the Madam Speaker, we see these acci- about it, does that poll really exist? Post was slow to cover the story as dents all the time. We need to do some- Sacred Heart University recently found well and speculated that reporters’ lib- thing. out that five out of six Americans see eral leanings might have played a part.

VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.003 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10413 Most other national news outlets ig- showing no tolerance for his hate what the Homeland Security appro- nored or downplayed the ACORN scan- speech by walking out during the Ira- priation bill is all about, protecting the dal. Days passed before the network nian president’s tirade. Any nation American people from all threats, in- news programs covered the story, and that denies one of the most horrific cluding the warped intentions of ter- only one out of five Sunday news show and barbaric acts of hatred and murder rorists and radical extremists. hosts asked the President about cannot be trusted to peacefully develop Let me state my sincere gratitude to ACORN last week. nuclear capabilities. Subcommittee Chairman DAVID PRICE The national media should report the f for listening to the views of the minor- facts instead of ignoring stories that ity during all of these proceedings, dur- don’t fit their liberal agendas. MOTION TO INSTRUCT CONFEREES ing our preconference deliberations es- ON H.R. 2892, DEPARTMENT OF f pecially over the last few weeks. I HOMELAND SECURITY APPRO- truly appreciate his bipartisanship and HUMAN RIGHTS SITUATION IN PRIATIONS ACT, 2010 consideration of our concerns. VIETNAM Mr. PRICE of North Carolina. Madam Madam Speaker, this motion (Ms. LORETTA SANCHEZ of Cali- Speaker, pursuant to clause 1 of rule strengthens the House bill’s current re- fornia asked and was given permission XXII and by direction of the Com- strictions on Guantanamo Bay detain- to address the House for 1 minute and mittee on Appropriations, I move to ees by ensuring their names have been to revise and extend her remarks.) take from the Speaker’s table the bill put on the No Fly List and by clearly Ms. LORETTA SANCHEZ of Cali- (H.R. 2892) making appropriations for prohibiting their transfer to the United fornia. I rise today to call attention to the Department of Homeland Security States for whatever reason. For 9 the human rights situation in Viet- for the fiscal year ending September 30, months, the Obama administration has nam, particularly because today Viet- 2010, and for other purposes, with a insisted the detention facility at Guan- nam will be taking over the Presidency Senate amendment thereto, disagree to tanamo Bay be shuttered within the of the United Nations Security Coun- the Senate amendment, and agree to year. But what have we seen during cil. I find this development shocking the conference asked by the Senate. that time in preparation for that? Ab- and appalling and unacceptable, espe- The Clerk read the title of the bill. solutely nothing, no plan, no idea of cially when we look at Vietnam’s The motion was agreed to. how to proceed, no instructions to the human rights record. Mr. ROGERS of Kentucky. Madam Congress, no instructions to the public Just this past Sunday, the police in Speaker, I have a motion at the desk. about where these prisoners would be Vietnam assaulted over 130 monks and The SPEAKER pro tempore. The moved to. removed them from the Bat Nha Mon- Clerk will report the motion. Now we read in the press that the ad- astery before destroying it. Recently, The Clerk read as follows: ministration is thinking of releasing eight dissidents where imprisoned by Mr. Rogers of Kentucky moves that the up to 75 of the detainees there. Where the Vietnamese Government for prac- managers on the part of the House at the will they go? Europe, Fiji, maybe ticing their rights to freedom of speech conference on the disagreeing votes of the somewhere closer. Maybe in Michigan, and expression. two Houses on the Senate amendment to the maybe in Kansas, maybe somewhere Today, Secretary of State Clinton is bill H.R. 2892 be instructed as follows: else in the U.S. Who knows. Certainly planning to meet with the Foreign (1) Recede to subsection (a) of section 567 of the Senate amendment (the Detainee Pho- the Members in those districts in the Minister of Vietnam. I would urge Sec- tographic Records Protection Act). U.S. don’t know. So this motion pro- retary Clinton to address these ongoing (2) Insist on subsections (b) and (c) of sec- hibits the granting of any immigration human rights violations in Vietnam tion 552 of the House bill (regarding the in- benefit for any reason to these detain- and to strongly urge the Government clusion of individuals detained at Naval Sta- ees. Without such a benefit, there is no of Vietnam to uphold their promises to tion Guantanamo Bay, Cuba on the No Fly legal way to bring these terrorists to respect the rights of their citizens. list and the prohibition on the provision of American soil and in our constituents’ immigration benefits for such individuals). The United States must recommit backyards. That means these terrorists itself to making human rights a diplo- (3) Recede to the Senate position on sub- sections (a) and (d) of section 552 of the cannot be granted the same constitu- matic priority. House bill (regarding certain threat assess- tional rights as American citizens. f ments and the transfer of individuals de- After all, these detainees are enemy b 1015 tained at Naval Station Guantanamo Bay, combatants caught on the battlefield. Cuba to the United States). They are not common criminals, and NETANYAHU U.N. SPEECH (4) That they shall not record their ap- they should not be granted legal stand- (Mr. PITTS asked and was given per- proval of the final conference agreement (as such term is used in clause 12(a)(4) of rule ing in our criminal courts by bringing mission to address the House for 1 XXII of the Rules of the House of Represent- them onto U.S. soil. minute and to revise and extend his re- atives) unless the text of such agreement has From my point of view, we can’t marks.) been available to the managers in an elec- waiver on this issue, nor can we be Mr. PITTS. Madam Speaker, last tronic, searchable, and downloadable form weak. There is no reason these terror- week at the United Nations, Israeli for at least 72 hours prior to the time de- ists, who pose a serious and docu- Prime Minister Benjamin Netanyahu scribed in such clause. mented threat to this Nation, cannot gave a powerful address, challenging The SPEAKER pro tempore. Pursu- be brought to justice right where they those who would deny the Holocaust. ant to clause 7 of rule XXII, the gen- are in Cuba at Guantanamo Bay. If we Speaking from the podium, he held up tleman from Kentucky (Mr. ROGERS) want to try them, there is the place. I the documents recording the Nazis’ and the gentleman from North Caro- certainly think that that is where the plan for the eradication of the Jews. He lina (Mr. PRICE) each will control 30 American people stand on this issue as held up the original blueprints of the minutes. well. They don’t want these terrorists Auschwitz concentration camp, signed The Chair recognizes the gentleman in their hometowns, inciting fellow by Heinrich Himmler, the infamous from Kentucky. prisoners in our prisons, abusing our head of the Gestapo. He called out Mr. ROGERS of Kentucky. Madam legal system and terrorizing their com- those nations who sat by idly as Presi- Speaker, I yield myself such time as I munities. dent Ahmadinejad put forth vague in- may consume. In addition, Madam Speaker, this sinuations that the Holocaust was just The motion to instruct conferees is motion insists upon the Senate’s lan- a phony pretext for the establishment very simple. Madam Speaker. It would guage prohibiting the release of de- of Israel. Ahmadinejad at other times prohibit the transfer of Gitmo pris- tainee pictures, language unanimously has called the Holocaust ‘‘a lie based oners to the United States. It ensures adopted in the Senate, supported by on an unprovable and mythic claim,’’ the detainee pictures are never made this Chamber in June and endorsed by and he’s called Israel ‘‘a cancerous public, and it mandates the conference President Obama himself by way of his tumor that must cease to exist.’’ report is made public at least 72 hours letter to the Senate on July 29. In that I applaud our diplomats and those of before being considered on the floor. letter, I think the President said it many other freedom-loving nations for It’s that simple. And that’s exactly best himself: ‘‘Nothing would be gained

VerDate Nov 24 2008 23:56 Oct 01, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.005 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10414 CONGRESSIONAL RECORD — HOUSE October 1, 2009 by the release of the detainee photos to accept ‘‘yes’’ for an answer. Without Madam Speaker, from time to time, other than allowing our enemies to allowing these detainees to come to the people in this House know that I quote paint our troops with a broad, damn- United States for prosecution, we’re my old favorite philosopher, Archie the ing, and inaccurate brush.’’ I frankly basically saying that our judicial and Cockroach, and Archie said, or maybe couldn’t agree more. law enforcement officials are unable to it was Will Rogers—I’ve forgotten ex- And finally, Madam Speaker, this handle these criminals here in the actly which—but one of them noted motion also requires the conference re- United States, and that our country’s that there is nothing more pitiful than port to be made public at least 72 hours core values and interests do not apply the sight of a flock of politicians in full before being brought to the floor for in these cases. That’s just wrong. flight. They can look as panicked as a consideration. We want to read the bill The U.S. has successfully tried dan- loon trying to take off from choppy before we vote. gerous terrorists before—in fact, many lake water. And if you’ve ever watched So Madam Speaker, the ongoing ter- times, executing some, putting others one of those, it takes them a long time, rorist investigations ranging from Den- behind bars to fade into obscurity. The they make a lot of ruckus, and they ver to New York to Dallas over the last perpetrators of the 1993 World Trade look like an unjointed turkey in the few weeks and the persistent attacks Center and Murrah Federal Building process. That’s the way the Congress by radical extremists upon our citi- bombings are perfect examples. has looked, in my judgment, with re- zens, our soldiers and our interests Treating these individuals as though spect to this Guantanamo Bay issue. overseas remind us of why there is ab- they are so dangerous that we cannot Now, this country has a problem. solutely no reason to bring a terrorist possibly put them on trial or punish After September 11 we picked up a lot to American soil or to release images them or lock them up and throw away of bad and dangerous characters and that endanger this great country and the key, the way we deal with our most shipped a lot of them to Guantanamo. its Armed Forces. savage criminals here in the United We also picked up, on the basis of bad I urge support of the motion. States, gives these detainees an exalted information, some who didn’t belong I reserve the balance of my time. status. Why do we want to do that? An there. From what I can tell, it would Mr. PRICE of North Carolina. Madam exalted status is far from what they de- appear like virtually every single per- Speaker, I rise in opposition to the mo- serve. son there now deserves to be there. tion to instruct offered by the gen- We can handle this, Madam Speaker. But the problem is that the previous tleman from Kentucky and yield my- We’re up to this challenge, and the last administration had no process by self as much time as I may consume. thing we ought to be doing is elevating which to separate the merely criminal Madam Speaker, I want to begin by these Guantanamo prisoners in the or the merely misguided from the truly echoing the words of the ranking mem- eyes of the world. The amendment that evil. And as a result, thanks in part to was accepted in committee, to permit ber. We have, indeed, enjoyed fruitful the unrelated chaos of Abu Ghraib, the us to bring these people into the cooperation in formulating this bill United States, which has rightly prided United States for the purpose of pros- and bringing it to this point. Mr. ROG- itself on being the principal advocate ecution, most certainly should remain. ERS is a distinguished ranking member. of due process and human rights in the He was the founding chairman of this Finally, Madam Speaker, let me just say a word about the process by which world, has come to be seen by some subcommittee, and I think on both this bill is being brought to the floor. these days as a pretty major apologist sides, we take pride in the process that We, of course, want to make certain for torture and imprisonment without we’ve developed that involves full con- that Members have ample time to review or remedy. I don’t think that’s sultation and, of course, not always study and understand bills before we what America really stands for. perfect agreement, but a respect for President Obama has tried to deal vote on them. At the same time, I have each other’s views and a product that with the fact that Guantanamo has be- to say, this bill has been a long time in can rightfully be called the fruit of our come a major liability to this country the making. There has been a long pe- common labor. in the court of world opinion and in riod of discussion and debate and delib- Having said that, I do want to oppose some cases has become a recruiting eration, and Members of this body this motion to instruct. I don’t oppose ground for the very forces that we wish should be assured that a full range of it in its entirety. It has some positive to contain. interested parties have been involved features, but I want to concentrate in In the Presidential campaign, to in crafting this bill in a bipartisan my brief remarks this morning on what their credit, both candidates called for fashion since we received the budget in leads me to ask for a ‘‘no’’ vote. This closing Guantanamo because they rec- May. mainly has to do with some parts of ognized the damage being done to our Even before receiving the budget, we items two and three of this motion. influence and our security. President held 15 days of hearings on a wide vari- The motion to instruct would basi- Obama won that election and an- ety of topics, including responses to cally prevent us from bringing anyone nounced his intention to close the fa- natural disasters, technology and effi- held in Guantanamo Bay to the United cility. ciency improvements, immigration en- States for the purpose of prosecution. Admittedly, the administration did forcement, and border security. We had This provision is more restrictive than not demonstrate a high degree of skill testimony from DHS as well as GAO the House-passed bill, which allowed in implementing that decision. They and other non-Department sources. So persons detained at the naval station had a credible goal, but they clearly it’s a thoroughly vetted bill, and the at Guantanamo Bay to be brought to had not thought through how to get issues in this bill have been thoroughly the U.S. for prosecution. there. That’s why this committee in- examined. They’ve been given their Accepting a more narrow provision sisted in the 2009 supplemental that the proper due diligence. There are no sur- goes against basic American principles, administration present its analysis to prises, and we are, indeed, ready to go as well as basic American interests. the Congress before people who were People are to be given due process and to conference. With that, I reserve the balance of imprisoned in Guantanamo could be access to a fair trial in this country, my time. shipped elsewhere and before any de- and it is certainly in this country’s in- tainees could be brought to the U.S. or terest to bring these people to trial, to b 1030 transferred to another country. dispose of their cases. I must say, this Mr. ROGERS of Kentucky. Madam Very frankly, the administration has motion also goes against a perfecting Speaker, I reserve the balance of my received very little help from Capitol amendment that the distinguished time. Hill in thinking through this problem. ranking member himself voluntarily Mr. PRICE of North Carolina. Madam A number of Members have had legiti- accepted—in fact, eagerly accepted—in Speaker, I yield such time as he may mate concerns, but they could not our full committee markup. consume to the distinguished chairman come up with any reasonable set of cri- So I have to ask, what would have of our full committee, the gentleman teria by which transfers could be ef- made the other side change its mind all from Wisconsin (Mr. OBEY). fected. of a sudden? It appears that even when Mr. OBEY. I thank the gentleman for Now, this motion would have this they get ‘‘yes’’ for an answer, it’s hard the time. body declare that no prisoners can be

VerDate Nov 24 2008 23:56 Oct 01, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.008 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10415 transferred anywhere in this country I know these people are enemy com- the grace of God, they didn’t kill the even for prosecution, which they so batants and they don’t deserve it. But number they were hoping to kill be- richly deserve. That means the detain- we don’t make our decisions on the cause they were hoping to bring down ees would have to be transferred to basis of what we think of defendants. those towers in New York completely other countries or that Guantanamo We make our decisions on the basis of full of people, and potentially hundreds would have to remain open as a perma- what we think of ourselves. And that’s of thousands of people could have died. nent stain on our reputation for due what makes us the greatest country in But because of the braveness of the po- process. the world. And I do not want, as this lice force and the fire department and I think we can do better than that. motion would have us do, to depart others, we were able to evacuate those Has this country, this country that from that high standard today. buildings and the casualty toll was not has even tried the worst criminals in Again, I thank the gentleman for the in the hundreds of thousands or the the history of the world at Nuremberg, time. tens of thousands. But, still, every sin- has this country experienced such a Mr. ROGERS of Kentucky. Madam gle American life lost there we care pitiful decline of modern thoughtful Speaker, I yield myself 2 minutes. about. political leadership that we now have Madam Speaker, this motion pro- I think most people thought we’re no capacity except to say lock them up hibits the granting of any benefits to going to war, world war. That’s what I forever, no questions asked, and no due the detainees at Guantanamo to be thought. That’s what the people I was process provided under any cir- brought here for criminal prosecution. with in Taos, New Mexico, at the time cumstances? We may want to lock As Mr. OBEY has just said, these are thought. And we wanted to do some- them up. I’m sure we do. But we can do enemy combatants caught, captured on thing about it. The American soldiers better in the way we do it. a battlefield. They are not criminal de- in two fields of battle have done some- In America we do not provide due fendants; they are prisoners in a war. thing about it. They continue to do process for the benefit of criminals; we Prisoners in a war. something about it today. And through provide it for our own safety’s sake. They can and have been tried by the the work of our intelligence people and I don’t know how many Members are military tribunals at Guantanamo. My the American soldier and the American familiar with the play ‘‘A Man for All understanding is that there were five Marine Corps, we have brought many Seasons’’ about Sir Thomas More, who military tribunal proceedings ongoing of these terrorists to captivity. They was martyred by King Henry VIII. until this administration halted those are enemy combatants captured on the When More’s son-in-law, Richard proceedings, trying to figure out what battlefield. Roper, in that famous play, said that they want to do next. We’re not talking about people who he would cut down every law in Eng- But my point is these are not crimi- have rights to Miranda warnings. My land to get at the devil, More replied, nal defendants; these are enemy com- Lord, how can you fight a war if you’re ‘‘And where would you hide then, the batants captured on a battlefield. They going to have to have Miranda warn- laws all being flat? Yes, I give the devil are prisoners of war and should be ings every time you come in contact benefit of law, for my own safety’s treated as such, as they have been at with an enemy soldier? It makes no sake.’’ Guantanamo. Do not bring them to the sense. Neither our Founding Fathers That’s why it’s important that we U.S. for any purpose. Why would you nor the Supreme Court, I would say, have a process that will allow us to bring an enemy captured prisoner of ever envisioned us giving Miranda lock up and throw away the key on ev- war to your country, give them the Mi- warnings on the battlefield. eryone in Guantanamo who deserves it; randa warnings, and proceed to a trial But I believe and I think Americans but we cannot tell the world that just as you would an American citizen? It’s believe that these people mean us harm because this process is difficult, we are beyond any question, I think. and by their very presence on the sa- simply going to take the easy road and These detainees, many of them, those cred soil of the United States they step over the valleys that make this who posed a minimal security threat, bring harm to this country. Because I Nation great. have been shuttled off to other foreign would argue, as we all know, the re- I refuse to believe, as the gentleman countries, leaving hundreds of sus- cruiting of radical Islam is going on in from North Carolina has already indi- pected terrorists, hardened killers that our prisons right now. Witness just re- cated, I refuse to believe that our law are unwelcome by any place on Earth cently some arrests that were made in- enforcement officials, our prison offi- to be potentially bound for American side this country and how those Amer- cials, and our Justice Department offi- soil. ican citizens got to be influenced by cials are not skilled enough and Madam Speaker, we need to take a radical Islam. Much of it comes out of thoughtful enough to imprison these very serious step back and closely ex- the prison systems. And we are going thugs in high-security facilities at amine what we are thinking of doing. to put people that are being held prop- minimal or no danger to our citizens The SPEAKER pro tempore. The erly in Guantanamo, we’re going to and our communities. Our prisons keep time of the gentleman has expired. bring them to our soil, give them the us safe from the likes of Charles Man- Mr. ROGERS of Kentucky. I yield rights of an American defendant and son; David Berkowitz, the ‘‘Son of myself an additional 2 minutes. put them in the prison system of this Sam’’ killer; the World Trade Center This motion clarifies and says they country where they can continue—even bombers; and the Kenyan Embassy would not be brought here for any, any, if they are in solitary confinement, bombers, whom I detest because they purpose, including prosecution. their very presence can make them a killed several friends of mine. What we Now, if you have any doubts about hero of the recruiters inside the prison. want to propose in conference will be the kind of people we are talking built on the faith that we do have that about, read the resumes of these de- b 1045 capacity. tainees. Read them, and you will have Gangs are bad enough in the prisons Now, we can either let somebody else no doubt that these are enemy combat- without us creating gangs that are part deal with our problems, or we can let ants sworn to kill you and every Amer- of an international plot to destroy the them fester because we don’t want to ican they can find. And you want to United States of America. These people deal with them and make hard choices bring them to the U.S.? It’s insane, have no business being on the sacred ourselves. That’s unacceptable, and I Madam Speaker. It’s insane. soil of the United States. They cer- think it’s time that we face up to that. Madam Speaker, I yield 5 minutes to tainly don’t have the rights that are What will emerge from conference, I a very distinguished former trial judge being argued for here. They are in the suspect, will be language that any rea- in the State of Texas for 21 years, right place, where they belong. The sonable person will be able to say is a Judge CARTER. military justice system is fair and they good-faith, effective process by which Mr. CARTER. Madam Speaker, this will get a fair trial, and I would argue we can keep Americans safe and still debate goes on, and I hearken back to that they belong in Guantanamo and continue to stand for the due process how did this all start. It started with they should stay in Guantanamo. principles that we have always stood enemies of the United States killing Yes, I agree with my colleagues on for. American citizens on American soil. By the other side of the aisle that we have

VerDate Nov 24 2008 23:56 Oct 01, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.025 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10416 CONGRESSIONAL RECORD — HOUSE October 1, 2009 maximum security prisons that we ferees, and I believe Mr. ROGERS and there was this notion that we couldn’t could put them in. There is one that what he has stated here has expressed bring folks from Guantanamo here to was featured in ‘‘60 Minutes’’ awhile the will of the American people. be prosecuted. Now, I know how dan- back in Colorado where we put the To address just one of the other gerous some of these folks may be. I worst of the worst; but did anybody lis- issues about photographs, I think that know how dangerous some of these ten to how much it costs us to put the pretty well has been decided. folks are. I was in New York in my city worst of the worst in those maximum But, you know, one more thing, as we on September 11. I was not here. Many security prisons? bring these people here and we put people forget that was primary day in We are spending enough money them into the American justice sys- New York. Many people forget that one around here without going out and tem, which I treasure, the American of the accomplishments, if you will, of spending that kind of money on pris- justice system, but in turn the defense the terrorists was to suspend, in the oners where we already have them in a lawyers will be able to use the dis- middle of the day, an election that was secure facility, where they are being covery process to find out about covert taking place in New York. They didn’t humanely treated, and where they are operations of the United States intel- just attack the symbol of our military able to meet with their lawyers and ligence. We have already put our intel- power. They didn’t just attack the they are able to prepare for the defense ligence folks in bad places by our bad symbol of our financial power. They of their case. There is no reason on behavior around this place many times were not just geared towards attack- God’s green Earth to bring them over before. But to put our intelligence peo- ing, and did not get a chance to do it, here and spend hundreds of thousands ple in the courtroom with everybody to to attack the symbol of our legislative of dollars incarcerating each and every see, and out those people, if you will, power, but they disrupted an election, one of them in a Federal maximum se- would be absolutely a travesty of jus- which is perhaps at the center of our curity prison. It makes no sense in tice. strength, our electoral process. light of the fact that we are practically So this is a good thing to do, and I I was there. I saw the pain. I know bankrupting our country with spending support Mr. ROGERS in his effort, and I that they killed a lot of people, but in the last 8 months. would hope that everybody who cares they didn’t defeat us. Let’s be clear So I think Mr. ROGERS has a very about this country will support this good bill here. I think what he is ask- motion. about that. They killed a lot of Ameri- ing in this motion to instruct the con- Mr. PRICE of North Carolina. Madam cans, but they didn’t defeat us, and ferees is common sense that the Amer- Speaker, I am still trying to process they will never defeat us unless we ican people understand. Now, we get in the notion that we have in our high-se- begin to run away from who we are as this political world up here and com- curity prisons a population that is just a people and as a Nation. Unless we mon sense seems to go out the window. waiting to be corrupted. begin to throw away and turn our back But I think if you stop the average We are all aware of the kind of people on the Constitution, on what makes us American on the street, they will tell who are in these high-security prisons. a unique country, then they have a you that these people intend to kill us They are already corrupted and they chance to win. and as far as we are concerned, we are dangerous, and we have proven our My friend, and we say this on the don’t care where they stay, but we capacity to deal with them. I don’t floor, but he truly is my friend from don’t want them in our neighborhood. think that it behooves this body to Kentucky, says, Why would we want to I certainly don’t want them in Texas, cast such doubt on our capacities, the do that? Why would we want to bring and I would argue that each Member capacities of the judicial and penal sys- them here? Because we are the United who represents their district in this au- tems of this country. We are up to this, States of America. Because we are a gust body does not want them in their Madam Speaker, and yet the motion great democracy that is not afraid to neighborhood. I have a Federal prison before us would say that we cannot bring people to justice when they de- that is within 30 miles of my home, and bring these people into this country for serve to come to justice. Because we I promise you, my friends and neigh- prosecution when it is clearly in our have nothing to hide. bors do not want one of these detainees interest to do so. It is in our interest to Ironically, on another issue that I in that Federal prison because they are close Guantanamo within a reasonable discussed with my friend at length over evil and they will corrupt those who period of time and to bring these peo- the years, we want nothing to do with are already there. ple before the bar of justice. Cuba except to use them to hold people Madam Speaker, we spend most of I would like to yield 30 seconds to our there for trial. Why not bring them to our time in the courtroom giving peo- full committee chairman. New York where they committed their ple their constitutional rights as crimi- Mr. OBEY. I thank the gentleman. act, the scene of their crime? Why not nal defendants. And I have spent, in a I find it quite humorous to think let the world know in the middle of our criminal case, at least 50 percent of the that we are doing these Guantanamo pain, in the midst of all of our anguish time spent on every criminal case, my prisoners a favor by exposing them to over September 11, we are big enough job was to protect those people’s rights the ‘‘gentle niceties’’ of the prison pop- and democratic enough to bring people and make sure that they got every one ulation in our high-security prisons. In to trial here within our territory. We of them. I did the very best I could. But fact, I would suspect that those pris- have nothing to fear. oners at Guantanamo, if they knew at some point in time, in a criminal As far as whether or not there will be trial, upon the finding of guilt, those what kind of people they would be find- Miranda rights involved and whether rights convert over to the State and to ing, would much prefer to stay in the people have rights, why not? What the people to make decisions on pun- Guantanamo than wind up in some of is so difficult to understand about ishment. those high-security that? There is a contradiction in a I would argue these people don’t Mr. PRICE of North Carolina. Madam country that continuously tells the start with those rights, and the Amer- Speaker, I yield 5 minutes to the gen- world we are better, and we are; we are ican people have in mind what they tleman from New York (Mr. SERRANO). think should happen to these people (Mr. SERRANO asked and was given more democratic, and we are; we have that would kill more American citizens permission to revise and extend his re- a better justice system, and we do, and on American soil. marks.) at the same time says but not for these Don’t we have the courage of our Mr. SERRANO. Madam Speaker, I individuals. Greater Generation forefathers to thank the gentleman for this time. Now, if I was making the argument stand up to evil when it addresses our Every so often an issue comes before on behalf of the individuals in Guanta- country and do something about that Congress where I honestly have to namo, we know how many were de- evil? Why would we want to coddle peo- admit I scratch my head and say, Do I tained and eventually released because ple who have a proven track record of fully understand what we are talking we have, throughout the last few years, being part of the network that at- about here? Because it makes no sense nothing to charge them with. It might tacked the United States of America? to me. be that we have to release some and Madam Speaker, I would argue this is On every appropriations bill that we send them back to their countries, but an excellent instruction to the con- see come before the full committee, this fear that somehow they are going

VerDate Nov 24 2008 23:56 Oct 01, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.015 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10417 to be watching the streets of Wash- struct would bring us very close to Now, this motion to instruct is in ington, D.C., and eating at local res- being in mesh with what is being pro- line with Chairman INOUYE in the Sen- taurants and planting bombs every- posed in the other body. It would ap- ate, who has similar prohibitions in his where, these folks will probably be the pear that the leadership of our com- bill for the Defense appropriations bill. most guarded people in the history of mittee in the other body feels pretty This mirrors what the Senate leader- the world. But we will do ourselves a strongly that we should not be spend- ship wants the policy of the country to great disservice if we continue to say ing funds that would allow these de- be. And so I would hope all Members that they cannot be brought to the tainees to come to the United States. would vote for this motion to instruct United States for justice. This motion to instruct, I believe, conferees and keep our position in line Why should they be near our commu- will cause our conference to be a much with the Senate in prohibiting pris- nity residents was one of the questions more comfortable conference when we oners at Gitmo from being brought to asked. I see it differently. Why not see go there. I would urge the Members the U.S., period. our system in full bloom? Why not strongly to support Mr. ROGERS’ mo- The SPEAKER pro tempore. Without allow the world to see and understand tion to instruct. objection, the previous question is or- that we are not afraid to bring people b 1100 dered on the motion to instruct. here to pay for their crimes, to go be- Mr. PRICE of North Carolina. Madam There was no objection. fore our justice system. Speaker, I have no further speakers. The SPEAKER pro tempore. The Now, here is another question. So we Mr. ROGERS of Kentucky. We have question is on the motion to instruct. bring them to justice in Guantanamo. no further speakers, Madam Speaker, The question was taken; and the We find them guilty in Guantanamo. and I would be prepared to yield to the Speaker pro tempore announced that Are we going to incarcerate them in gentleman for a close. the noes appeared to have it. Guantanamo? Are we going to keep Mr. PRICE of North Carolina. Madam Mr. ROGERS of Kentucky. Madam them in a foreign country for crimes Speaker, I reiterate my request to our Speaker, I object to the vote on the they committed against our country or Members to vote against this motion ground that a quorum is not present are we going to bring them to a prison to recommit. The motion is long and and make the point of order that a here? If we bring them to a prison here, complex and by no means totally objec- quorum is not present. after convicted, those who are con- tionable. But we have highlighted here The SPEAKER pro tempore. Evi- victed, why not try them here to begin today a feature of the Guantanamo dently a quorum is not present. with? provisions which not only is objection- The Sergeant at Arms will notify ab- Again, this whole notion that these able, but fundamentally runs counter sent Members. people have no rights, the terrorists to our country’s interest—our coun- Pursuant to clause 8 of rule XX, this win if we suggest that everybody that try’s interest in closing Guantanamo 15-minute vote on the motion to in- comes before us has no rights. That’s in a timely fashion and bringing the struct conferees will be followed by 5- why I oppose this motion. detainees there to trial. minute votes on suspending the rules Mr. ROGERS of Kentucky. May I in- It also, in a strange way, seems to and agreeing to H. Res. 517 and H. Res. quire of the time remaining. question our country’s capacity, the 487. The SPEAKER pro tempore. The gen- capacity of our judicial system and our The vote was taken by electronic de- tleman from Kentucky has 14 minutes. penal system, to handle hardened vice, and there were—yeas 258, nays The gentleman from North Carolina criminals, whereas I think that our ca- 163, not voting 11, as follows: has 91⁄2 minutes remaining. pacity to handle even the most dan- [Roll No. 746] Mr. ROGERS of Kentucky. Madam gerous criminals is beyond question. Speaker, I yield such time as he may And I believe this motion also risks YEAS—258 consume to the gentleman from Cali- elevating these criminals in the eyes of Aderholt Carnahan Goodlatte Akin Carter Gordon (TN) fornia (Mr. LEWIS). the world, suggesting that we can not Alexander Cassidy Granger Mr. LEWIS of California. Madam handle them through our normal proc- Altmire Castle Graves Speaker, I would like to express my esses of justice. For all these reasons, I Arcuri Chaffetz Grayson greatest appreciation to the chairman believe this motion to instruct is un- Austria Chandler Griffith Bachmann Childers Guthrie of the subcommittee and the ranking wise, and I urge a ‘‘no’’ vote. Bachus Coble Hall (NY) member for the job they have done on I yield back the balance of my time. Barrow Coffman (CO) Hall (TX) this bill, which will be perfected by Mr. ROGERS of Kentucky. Madam Bartlett Cole Halvorson this motion to instruct. Speaker, I yield myself such time as I Barton (TX) Conaway Harper Bean Costa Hastings (WA) Clearly, the work that involves our may consume. In closing, this is a very Biggert Costello Heinrich dealing with these detainees at Guan- simple motion to instruct the conferees Bilbray Crenshaw Heller tanamo Bay is very important work. on Homeland Security. One, prohibit Bilirakis Cuellar Hensarling Bishop (GA) Culberson Herger We have been waiting for a long time the transfer of Gitmo prisoners to the Bishop (NY) Dahlkemper Herseth Sandlin now for a complete report from the ad- U.S., period. Two, insist on the Senate Bishop (UT) Davis (AL) Higgins ministration giving us an indication as language prohibiting the release of de- Blackburn Davis (KY) Hill to how they would implement this tainee photographs. And three, require Blunt Davis (TN) Himes Boccieri Deal (GA) Hodes campaign promise. We find ourselves in that this bill be available at least 72 Boehner DeFazio Hoekstra a circumstance today where it is appar- hours before the bill is brought to the Bonner Dent Holden ent that a pretty sizable number of de- floor so that Members may have a Bono Mack Diaz-Balart, L. Hunter Boozman Diaz-Balart, M. Inglis tainees are in plan for release some- chance to read and consider before they Boren Donnelly (IN) Inslee where, perhaps not the continental vote on the conference report. That’s Boucher Dreier Issa United States, but foreign countries simple. Boustany Duncan Jenkins and otherwise. These people in Gitmo, if you read Boyd Ehlers Johnson (IL) Brady (TX) Ellsworth Johnson, Sam It is almost impossible to discuss, in their resumes, and study their history, Bright Emerson Jones this environment, the most serious they are not criminal defendants in the Broun (GA) Fallin Jordan (OH) concern about these detainees, for sense that most people understand that Brown (SC) Flake Kanjorski much of the information involved is phrase to be in the U.S. These are hard- Brown-Waite, Fleming Kaptur Ginny Forbes King (IA) highly classified information. But, ened killers captured on the battle- Buchanan Fortenberry King (NY) needless to say, this is a group of very field, and they are prisoners of war sub- Burgess Foster Kingston dangerous people, and a lot of cir- ject to a military tribunal hearing at Burton (IN) Foxx Kirk Buyer Franks (AZ) Kirkpatrick (AZ) cumstances have changed since the bill Gitmo, which was proceeding until Calvert Frelinghuysen Kissell has come out of committee and we fi- stopped by this administration. They Camp Gallegly Klein (FL) nally have it here on the floor for con- are not criminal defendants. They are Campbell Garrett (NJ) Kline (MN) sideration by the conference. hardened criminals on the battlefield Cantor Gerlach Kosmas Cao Giffords Kratovil Perfecting this package as we go for- captured in the process of trying to kill Capito Gingrey (GA) Lamborn ward by passing this motion to in- American soldiers. Pure and simple. Cardoza Gohmert Lance

VerDate Nov 24 2008 00:32 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.018 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10418 CONGRESSIONAL RECORD — HOUSE October 1, 2009 Latham Mollohan Schauer NOT VOTING—11 the gentlewoman from California (Ms. LaTourette Moore (KS) Schock Adler (NJ) Maloney Shadegg HU Latta Moran (KS) Schrader C ) that the House suspend the rules Barrett (SC) McCarthy (CA) Lee (NY) Murphy (NY) Schwartz Stark and agree to the resolution, H. Res. 517. Capuano Neugebauer Lewis (CA) Murphy, Patrick Sensenbrenner Whitfield Carney Schmidt This will be a 5-minute vote. Linder Murphy, Tim Sessions The vote was taken by electronic de- Lipinski Myrick Shea-Porter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE vice, and there were—yeas 421, nays 0, LoBiondo Nunes Shimkus The SPEAKER pro tempore (during Lucas Nye Shuler not voting 11, as follows: Luetkemeyer Olson Shuster the vote). There are 2 minutes remain- Lummis Paulsen Simpson ing on this vote. [Roll No. 747] Lungren, Daniel Pence Skelton YEAS—421 E. Perlmutter Smith (NE) b 1140 Lynch Perriello Smith (NJ) Abercrombie Courtney Hirono Mack Peters Smith (TX) Messrs. GONZALEZ, CLEAVER, Ackerman Crenshaw Hodes Maffei Peterson Smith (WA) BLUMENAUER, DICKS, HINOJOSA, Aderholt Crowley Hoekstra Manzullo Petri Souder DAVIS of Illinois, BRADY of Pennsyl- Akin Cuellar Holden Alexander Culberson Holt Marchant Pitts Space vania, LEWIS of Georgia, GUTIERREZ, Markey (CO) Platts Stearns Altmire Cummings Honda Marshall Poe (TX) Sullivan WEINER, OLVER, PAYNE, ENGEL, Andrews Dahlkemper Hoyer Massa Pomeroy Tanner HARE, VAN HOLLEN, HOLT, Arcuri Davis (AL) Hunter Matheson Posey Taylor SESTAK, Ms. WOOLSEY, Ms. LINDA Austria Davis (CA) Inglis McCaul Price (GA) Teague ´ Baca Davis (IL) Inslee McClintock Putnam Terry T. SANCHEZ of California, Mrs. Bachmann Davis (KY) Israel McCotter Radanovich Thompson (PA) MCCARTHY of New York, Ms. JACK- Bachus Davis (TN) Issa McHenry Rehberg Thornberry SON-LEE of Texas, Ms. CORRINE Baird Deal (GA) Jackson (IL) Baldwin DeFazio Jackson-Lee McIntyre Reichert Tiahrt BROWN of Florida, Ms. SLAUGHTER, McKeon Roe (TN) Tiberi Barrow DeGette (TX) McMahon Rogers (AL) Titus Ms. EDWARDS of Maryland, Ms. Bartlett Delahunt Jenkins McMorris Rogers (KY) Turner ESHOO, Messrs. DOGGETT and Barton (TX) DeLauro Johnson (GA) Rodgers Rogers (MI) Upton LARSEN of Washington changed their Bean Dent Johnson (IL) McNerney Rohrabacher Walden Becerra Diaz-Balart, L. Johnson, E. B. Meek (FL) Rooney Wamp vote from ‘‘yea’’ to ‘‘nay.’’ Berkley Diaz-Balart, M. Johnson, Sam Melancon Ros-Lehtinen Westmoreland Messrs. HERGER, YARMUTH, BILI- Berman Dicks Jones Mica Roskam Wilson (OH) RAKIS, MOORE of Kansas, WILSON of Berry Dingell Jordan (OH) Biggert Doggett Kagen Michaud Ross Wilson (SC) Ohio and TANNER changed their vote Miller (FL) Royce Wittman Bilbray Donnelly (IN) Kanjorski Miller (MI) Rush Wolf from ‘‘nay’’ to ‘‘yea.’’ Bilirakis Doyle Kaptur Miller, Gary Ryan (WI) Yarmuth So the motion to instruct was agreed Bishop (GA) Dreier Kennedy Minnick Sanchez, Loretta Young (AK) to. Bishop (NY) Driehaus Kildee Mitchell Scalise Young (FL) Bishop (UT) Duncan Kilpatrick (MI) The result of the vote was announced Blackburn Edwards (MD) Kilroy NAYS—163 as above recorded. Blumenauer Edwards (TX) Kind A motion to reconsider was laid on Blunt Ehlers King (IA) Abercrombie Gutierrez Paul Boccieri Ellison King (NY) Ackerman Hare Payne the table. Boehner Ellsworth Kingston Andrews Harman Pingree (ME) Stated for: Bonner Emerson Kirk Baca Hastings (FL) Polis (CO) Mr. SHADEGG. Madam Speaker, on rollcall Bono Mack Engel Kirkpatrick (AZ) Baird Hinchey Price (NC) No. 746, had I been present, I would have Boozman Eshoo Kissell Baldwin Hinojosa Boren Etheridge Klein (FL) Quigley voted ‘‘yea.’’ Becerra Hirono Rahall Boswell Fallin Kline (MN) Berkley Holt Rangel f Boucher Farr Kosmas Berman Honda Reyes Boustany Fattah Kratovil Berry Hoyer Richardson MOMENT OF SILENCE IN REMEM- Boyd Filner Kucinich Blumenauer Israel Brady (PA) Rodriguez BRANCE OF MEMBERS OF Flake Lamborn Boswell Jackson (IL) Brady (TX) Fleming Lance Rothman (NJ) ARMED FORCES AND THEIR Brady (PA) Jackson-Lee Braley (IA) Forbes Langevin Roybal-Allard Braley (IA) (TX) FAMILIES Bright Fortenberry Larsen (WA) Ruppersberger Brown, Corrine Johnson (GA) The SPEAKER. The Chair would ask Broun (GA) Foster Larson (CT) Butterfield Johnson, E.B. Ryan (OH) Brown (SC) Foxx Latham Capps Kagen Salazar all present to rise for the purpose of a Brown, Corrine Frank (MA) LaTourette Carson (IN) Kennedy Sa´ nchez, Linda moment of silence. Brown-Waite, Franks (AZ) Latta Castor (FL) Kildee T. The Chair asks that the House now Ginny Frelinghuysen Lee (CA) Chu Kilpatrick (MI) Sarbanes Buchanan Fudge Lee (NY) Clarke Kilroy Schakowsky observe a moment of silence in remem- Burgess Gallegly Levin Clay Kind Schiff brance of our brave men and women in Burton (IN) Garrett (NJ) Lewis (CA) Cleaver Kucinich Scott (GA) uniform who have given their lives in Butterfield Gerlach Lewis (GA) Clyburn Langevin Scott (VA) the service of our Nation in Iraq and in Buyer Giffords Linder Cohen Larsen (WA) Serrano Calvert Gingrey (GA) Lipinski Connolly (VA) Larson (CT) Sestak Afghanistan and their families, and all Camp Gohmert LoBiondo Conyers Lee (CA) Sherman who serve in our Armed Forces and Campbell Gonzalez Loebsack Cooper Levin Sires their families. Cantor Goodlatte Lofgren, Zoe Courtney Lewis (GA) Slaughter Cao Gordon (TN) Lowey Crowley Loebsack Snyder f Capito Granger Lucas Cummings Lofgren, Zoe Speier ANNOUNCEMENT BY THE SPEAKER Capps Graves Luetkemeyer Davis (CA) Lowey Cardoza Grayson Luja´ n Spratt PRO TEMPORE Davis (IL) Luja´ n Stupak Carnahan Green, Al Lummis DeGette Markey (MA) Sutton The SPEAKER pro tempore (Ms. Carson (IN) Green, Gene Lungren, Daniel Delahunt Matsui Carter Griffith E. Thompson (CA) DEGETTE). Without objection, 5-minute DeLauro McCarthy (NY) Thompson (MS) Cassidy Grijalva Lynch Dicks McCollum Castle Guthrie Mack Tierney voting will continue. Dingell McDermott Castor (FL) Gutierrez Maffei Tonko There was no objection. Doggett McGovern Chaffetz Hall (NY) Manzullo Towns Doyle Meeks (NY) f Chandler Hall (TX) Marchant Driehaus Miller (NC) Tsongas Childers Halvorson Markey (CO) Edwards (MD) Miller, George Van Hollen CONGRATULATING WOMEN’S COL- Chu Hare Markey (MA) ´ Edwards (TX) Moore (WI) Velazquez LEGE WORLD SERIES CHAMPION Clarke Harman Marshall Ellison Moran (VA) Visclosky WASHINGTON HUSKIES Clay Harper Massa Engel Murphy (CT) Walz Cleaver Hastings (FL) Matheson Eshoo Murtha Wasserman The SPEAKER pro tempore. The un- Clyburn Hastings (WA) Matsui Etheridge Nadler (NY) Schultz finished business is the vote on the mo- Coble Heinrich McCarthy (NY) Farr Napolitano Waters tion to suspend the rules and agree to Coffman (CO) Heller McCaul Fattah Neal (MA) Watson Cohen Hensarling McClintock Filner Oberstar Watt the resolution, H. Res. 517, on which Cole Herger McCollum Frank (MA) Obey Waxman the yeas and nays were ordered. Conaway Herseth Sandlin McCotter Fudge Olver Weiner The Clerk read the title of the resolu- Connolly (VA) Higgins McDermott Gonzalez Ortiz Welch tion. Conyers Hill McGovern Green, Al Pallone Wexler Cooper Himes McHenry Green, Gene Pascrell Woolsey The SPEAKER pro tempore. The Costa Hinchey McIntyre Grijalva Pastor (AZ) Wu question is on the motion offered by Costello Hinojosa McKeon

VerDate Nov 24 2008 00:32 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A01OC7.001 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10419 McMahon Price (GA) Smith (NJ) The SPEAKER pro tempore. The McDermott Platts Skelton McMorris Price (NC) Smith (TX) question is on the motion offered by McGovern Poe (TX) Slaughter Rodgers Putnam Smith (WA) McHenry Polis (CO) Smith (NE) McNerney Quigley Snyder the gentlewoman from California (Ms. McIntyre Pomeroy Smith (NJ) Meek (FL) Radanovich Souder CHU) that the House suspend the rules McKeon Posey Smith (TX) Meeks (NY) Rahall Space and agree to the resolution, H. Res. 487. McMahon Price (GA) Smith (WA) Melancon Rangel Speier McMorris Price (NC) Snyder Mica Rehberg Spratt This will be a 5-minute vote. Rodgers Putnam Souder Michaud Reichert Stearns The vote was taken by electronic de- McNerney Quigley Space Miller (FL) Reyes Stupak Meek (FL) Radanovich Speier Miller (MI) Richardson vice, and there were—yeas 413, nays 0, Sullivan Meeks (NY) Rahall Spratt Miller (NC) Rodriguez not voting 19, as follows: Melancon Rangel Sutton Stearns Miller, Gary Roe (TN) Mica Rehberg Tanner Stupak Miller, George Rogers (AL) [Roll No. 748] Michaud Reichert Taylor Sullivan Minnick Rogers (KY) YEAS—413 Miller (FL) Reyes Sutton Mitchell Rogers (MI) Teague Miller (MI) Richardson Tanner Mollohan Rohrabacher Terry Abercrombie Costello Himes Miller (NC) Rodriguez Taylor Moore (KS) Rooney Thompson (CA) Ackerman Courtney Hinchey Miller, Gary Roe (TN) Teague Moore (WI) Ros-Lehtinen Thompson (MS) Aderholt Crenshaw Hinojosa Miller, George Rogers (AL) Terry Moran (KS) Roskam Thompson (PA) Akin Crowley Hirono Minnick Rogers (KY) Thompson (CA) Moran (VA) Ross Thornberry Alexander Cuellar Hodes Mitchell Rogers (MI) Thompson (MS) Murphy (CT) Rothman (NJ) Tiahrt Altmire Culberson Hoekstra Mollohan Rohrabacher Thompson (PA) Murphy (NY) Roybal-Allard Tiberi Andrews Cummings Holden Moore (KS) Rooney Thornberry Murphy, Patrick Royce Tierney Arcuri Dahlkemper Holt Moore (WI) Ros-Lehtinen Murphy, Tim Ruppersberger Titus Austria Davis (AL) Honda Moran (KS) Roskam Tiahrt Tiberi Murtha Rush Tonko Baca Davis (CA) Hoyer Moran (VA) Ross Tierney Myrick Ryan (OH) Towns Bachmann Davis (IL) Hunter Murphy (CT) Rothman (NJ) Titus Nadler (NY) Ryan (WI) Tsongas Bachus Davis (KY) Inglis Murphy (NY) Roybal-Allard Baird Davis (TN) Inslee Tonko Napolitano Salazar Turner Murphy, Patrick Ruppersberger Baldwin Deal (GA) Israel Towns Neal (MA) Sa´ nchez, Linda Upton Murphy, Tim Ryan (OH) Barrow DeFazio Issa Tsongas Nunes T. Van Hollen Murtha Ryan (WI) Bartlett DeGette Jackson (IL) Turner Nye Sanchez, Loretta Vela´ zquez Myrick Salazar Barton (TX) Delahunt Jackson-Lee ´ Upton Oberstar Sarbanes Visclosky Nadler (NY) Sanchez, Linda Obey Scalise Bean DeLauro (TX) Napolitano T. Van Hollen Walden Becerra Dent Jenkins Vela´ zquez Olson Schakowsky Walz Neal (MA) Sanchez, Loretta Olver Schauer Berkley Diaz-Balart, L. Johnson (GA) Nunes Sarbanes Visclosky Wamp Ortiz Schiff Berry Diaz-Balart, M. Johnson (IL) Nye Scalise Walden Wasserman Pallone Schock Biggert Dicks Johnson, E. B. Oberstar Schakowsky Walz Schultz Pascrell Schrader Bilbray Dingell Johnson, Sam Obey Schauer Wamp Waters Pastor (AZ) Schwartz Bilirakis Doggett Jones Olson Schiff Wasserman Watson Paul Scott (GA) Bishop (GA) Donnelly (IN) Jordan (OH) Olver Schock Schultz Paulsen Scott (VA) Watt Bishop (NY) Doyle Kagen Ortiz Schrader Waters Payne Sensenbrenner Waxman Bishop (UT) Dreier Kanjorski Pallone Schwartz Watson Pence Serrano Weiner Blackburn Driehaus Kaptur Pascrell Scott (GA) Watt Perlmutter Sessions Welch Blumenauer Duncan Kennedy Pastor (AZ) Scott (VA) Waxman Perriello Sestak Westmoreland Blunt Edwards (MD) Kildee Paul Sensenbrenner Weiner Peters Shea-Porter Wexler Boccieri Edwards (TX) Kilpatrick (MI) Paulsen Serrano Welch Peterson Sherman Wilson (OH) Boehner Ehlers Kilroy Payne Sessions Westmoreland Petri Shimkus Wilson (SC) Bonner Ellison Kind Pence Sestak Wilson (SC) Pingree (ME) Shuler Wittman Bono Mack Ellsworth King (IA) Perlmutter Shea-Porter Wittman Pitts Shuster Wolf Boozman Emerson King (NY) Perriello Sherman Wolf Platts Simpson Woolsey Boren Engel Kingston Peters Shimkus Woolsey Poe (TX) Sires Wu Boswell Eshoo Kirk Peterson Shuler Wu Polis (CO) Skelton Yarmuth Boucher Etheridge Kirkpatrick (AZ) Petri Shuster Yarmuth Pomeroy Slaughter Young (AK) Boustany Fallin Kissell Pingree (ME) Simpson Young (AK) Posey Smith (NE) Young (FL) Boyd Farr Klein (FL) Pitts Sires Young (FL) Brady (PA) Fattah Kline (MN) NOT VOTING—11 Brady (TX) Filner Kosmas NOT VOTING—19 Adler (NJ) Maloney Shadegg Braley (IA) Flake Kratovil Adler (NJ) Maloney Shadegg Bright Fleming Kucinich Barrett (SC) McCarthy (CA) Stark Barrett (SC) Massa Stark Broun (GA) Forbes Lamborn Capuano Neugebauer Whitfield Berman McCarthy (CA) Wexler Brown (SC) Fortenberry Lance Carney Schmidt Capuano Neugebauer Whitfield Brown, Corrine Foster Langevin Carney Royce Wilson (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brown-Waite, Foxx Larsen (WA) Carter Rush Ginny Frank (MA) Larson (CT) Heller Schmidt The SPEAKER pro tempore (during Buchanan Franks (AZ) Latham the vote). There are 2 minutes remain- Burgess Frelinghuysen LaTourette ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ing in this vote. Burton (IN) Fudge Latta The SPEAKER pro tempore (during Butterfield Gallegly Lee (CA) b 1149 Buyer Garrett (NJ) Lee (NY) the vote). There are 2 minutes remain- Calvert Gerlach Levin ing in this vote. So (two-thirds being in the affirma- Camp Giffords Lewis (CA) tive) the rules were suspended and the Campbell Gingrey (GA) Lewis (GA) b 1155 resolution was agreed to. Cantor Gohmert Linder So (two-thirds being in the affirma- Cao Gonzalez Lipinski The result of the vote was announced Capito Goodlatte LoBiondo tive) the rules were suspended and the as above recorded. Capps Gordon (TN) Loebsack resolution was agreed to. A motion to reconsider was laid on Cardoza Granger Lofgren, Zoe The result of the vote was announced the table. Carnahan Graves Lowey Carson (IN) Grayson Lucas as above recorded. Stated for: Cassidy Green, Al Luetkemeyer A motion to reconsider was laid on Mr. SHADEGG. Madam Speaker, on rollcall Castle Green, Gene Luja´ n the table. No. 747, had I been present, I would have Castor (FL) Griffith Lummis Stated for: Chaffetz Grijalva Lungren, Daniel voted ‘‘yea.’’ Chandler Guthrie E. Mr. SHADEGG. Madam Speaker, on rollcall f Childers Gutierrez Lynch No. 748, had I been present, I would have Chu Hall (NY) Mack voted ‘‘yea.’’ RECOGNIZING THE 100TH ANNIVER- Clarke Hall (TX) Maffei SARY OF THE STATE NEWS AT Clay Halvorson Manzullo f Cleaver Hare Marchant MICHIGAN STATE UNIVERSITY Clyburn Harman Markey (CO) APPOINTMENT OF CONFEREES ON The SPEAKER pro tempore. The un- Coble Harper Markey (MA) H.R. 2892, DEPARTMENT OF finished business is the vote on the mo- Coffman (CO) Hastings (FL) Marshall HOMELAND SECURITY APPRO- Cohen Hastings (WA) Matheson PRIATIONS ACT, 2010 tion to suspend the rules and agree to Cole Heinrich Matsui the resolution, H. Res. 487, on which Conaway Hensarling McCarthy (NY) The SPEAKER pro tempore. Without the yeas and nays were ordered. Connolly (VA) Herger McCaul objection, the Chair appoints the fol- Conyers Herseth Sandlin McClintock The Clerk read the title of the resolu- Cooper Higgins McCollum lowing conferees: Messrs. PRICE of tion. Costa Hill McCotter North Carolina, SERRANO, RODRIGUEZ,

VerDate Nov 24 2008 00:32 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A01OC7.004 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10420 CONGRESSIONAL RECORD — HOUSE October 1, 2009 RUPPERSBERGER, MOLLOHAN, Mrs. When we think of the long-term short term. But no matter how elec- LOWEY, Ms. ROYBAL-ALLARD, Messrs. health of our country, the Energy and tricity is generated, one challenge we FARR, ROTHMAN, OBEY, ROGERS of Ken- Water appropriations bill is one of the face is delivering it effectively to its tucky, CARTER, CULBERSON, KIRK, CAL- most important bills that we consider. destination. For this reason, the con- VERT, and LEWIS of California. The conference report before us today ference report provides more than $100 There was no objection. will keep communities safe from flood- million to modernize and secure our f ing, invest in clean energy and renew- national electricity grid. By almost able technologies, fight nuclear pro- tripling the amount of funding for grid- PROVIDING FOR CONSIDERATION liferation, and create jobs through in- connected energy storage and cyberse- OF CONFERENCE REPORT ON frastructure development. curity, the conferees have recognized H.R. 3183, ENERGY AND WATER Without this bill, millions of homes how closely our energy policy is tied to DEVELOPMENT AND RELATED would be exposed to devastating floods, our national security. AGENCIES APPROPRIATIONS clean energy research that will power The energy portion of this conference ACT, 2010 the next generation of money-making report is only half the story though, Ms. MATSUI. Mr. Speaker, by direc- technologies will stop, nuclear weapons Mr. Speaker. For my district and for tion of the Committee on Rules, I call proliferation would pick up again, and people living in floodplains across the up House Resolution 788 and ask for its the pace of job creation in the clean en- country, this energy and water con- immediate consideration. ergy sector would slow to a crawl or ference report is a major victory. The Clerk read the resolution, as fol- even stop altogether. These are the Funding for the Army Corps of Engi- lows: reasons why today’s conference report neers is increased over both 2009 levels H. RES. 788 is so important. and over the President’s request for a Resolved, That upon adoption of this reso- In the field of energy, the conference total of $5.4 billion. For my constitu- lution it shall be in order to consider the report fulfills Congress’s promise to ents, this funding can be a matter of conference report to accompany the bill chart a new path for a national energy life and death. My district is where the (H.R. 3183) making appropriations for energy policy. The conference agreement pro- Sacramento and American Rivers con- and water development and related agencies vides $27 billion for the Department of verge. As a result, Sacramento is the for the fiscal year ending September 30, 2010, most at-risk city for major flooding in and for other purposes. All points of order Energy to help fund clean energy devel- against consideration of the conference re- opment and perform basic scientific re- the United States. More than 440,000 port are waived. The conference report shall search. It devotes millions of dollars to people, 110,000 structures, the capitol of be considered as read. All points of order solar energy development, advanced the State of California and up to $58 against the conference report are waived. vehicle technologies, energy-efficient billion are at risk from flooding in my The previous question shall be considered as buildings, and biofuels that can be district alone. Nearly $90 million of ordered on the conference report to its adop- grown right here at home. vital funding in this conference report tion without intervening motion except: (1) When we make our own fuel, Mr. will reinforce levees along the Amer- one hour of debate; and (2) one motion to re- ican and Sacramento Rivers to keep commit if applicable. Speaker, we create domestic jobs and also take steps toward becoming en- these national assets safe and dry. The SPEAKER pro tempore (Mr. ergy independent. We recognized this For all of Sacramento, this means ALTMIRE). The gentlewoman from Cali- fact in the Energy and Commerce Com- safer homes, more secure schools, bet- fornia is recognized for 1 hour. mittee when we wrote the American ter protected community centers and a Ms. MATSUI. Mr. Speaker, for the Clean Energy and Security Act, which higher quality of life. According to the purpose of debate only, I yield the cus- is why I’m pleased to see these provi- American Society of Civil Engineers, tomary 30 minutes to my good friend, sions part of today’s conference report. Federal levees currently provide a 6-to- the gentleman from Texas (Mr. SES- This appropriations bill also funds a 1 return on flood damages prevented SIONS). All time yielded during consid- number of applied research grants at when compared to initial building eration of the rule is for debate only. the Department of Energy for poten- costs. GENERAL LEAVE tially high-reward activities like fu- But the flood protection funding in Ms. MATSUI. I ask unanimous con- sion energy, high-energy physics, and this conference agreement is more than sent that all Members be given 5 legis- biological research. Future generations just dollars and cents, Mr. Speaker. lative days in which to revise and ex- will look back at these investments When I go home and walk along the tend their remarks on House Resolu- and thank us for having the foresight Sacramento River, and when I look at tion 788. to recognize that one generation’s the houses and schools and parks that The SPEAKER pro tempore. Is there long-term research is future genera- sit behind the levees, I’m reminded how objection to the request of the gentle- tions’ short-term gain. vital the Energy and Water bill is. In woman from California? many parts of the country, it can mean There was no objection. b 1200 the difference between a thriving city Ms. MATSUI. I yield myself such Many of my colleagues would be sat- and a disaster area. Flood protection is time as I may consume. isfied to know that the conference re- a regional undertaking though. Flood- Mr. Speaker, House Resolution 788 port also devotes resources to fossil waters do not stop and start based on provides for consideration of the con- fuel-based energy that can provide a congressional district boundaries. That ference report for H.R. 3183, the Energy boost to our energy independence ef- is why I am pleased that the conference and Water Development Appropriations forts in relatively short order. In it, report contains more than $60 million Act for 2010. The rule is a standard con- $672 million is provided for research to improve the ability of Folsom Dam ference report rule. It waives all points and development into things like car- to protect my constituents who live of order against the conference report bon capture and sequestration, natural below it. This money will also help the and against the consideration and pro- gas recovery, and unconventional pe- Joint Federal Project to provide great- vides that the conference report shall troleum research activities. This re- er efficiency in managing flood storage be considered as read. However, I want search will benefit independent petro- in Folsom Reservoir. to point out that although the rule leum producers and can also help make Around the whole country, from Sac- waives all points of order, the con- our country more energy independent ramento to the Mississippi River Delta, ference report does not violate either for the short term. from rural Ohio to the Bronx River clause 9 or 10 of rule XXI. The resolu- Also to that end, the conference re- Basin, this conference agreement pro- tion provides for 1 hour of general de- port takes a responsible approach to- tects our communities by investing in bate controlled by the Committee on ward nuclear energy by investing in our aging infrastructure. And when we Appropriations. fuel cycle research and development. rebuild our infrastructure, we rebuild Mr. Speaker, I first want to thank By providing more than $700 million for our economy. The infrastructure fund- Chairman OBEY as well as Mr. PASTOR nuclear energy, the conferees made the ing in this conference report before us for their work to bring this conference pragmatic calculation that nuclear today will continue this pattern of cre- report before the House today. will be part of our energy mix in the ating jobs while investing in public

VerDate Nov 24 2008 00:32 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.031 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10421 safety. For that reason, I strongly sup- conference report for fiscal year 2010. Mr. Speaker, some time this month port the rule and the underlying con- Today it is my intention to focus on the Democrat-controlled House wants ference report, and I urge my col- the increase in spending over last to pass sweeping health care reform. leagues to do the same. year’s level and destructive initiatives Effectively, it will diminish the em- Mr. Speaker, again, I want to thank that the Democrat majority continues ployer-based insurance market and Mr. OBEY and the Appropriations Com- to pursue that have only killed jobs forces 114 million Americans into a mittee for their hard work on this con- and led to record deficits. This admin- government-run program. This $1.2 ference agreement. istration and this Democratic Congress trillion package raises taxes once I reserve the balance of my time. promised the American public jobs, again, raises taxes once again, raises Mr. SESSIONS. Mr. Speaker, I want economic growth, economic recovery, taxes once again, which is what this to thank the gentlewoman from Cali- health care, a cleaner environment, Democratic-controlled Congress is fornia, my friend, for yielding me the better education and just a wonderful, about. Raise $1.2 trillion in taxes on in- time. I yield myself such time as I may wonderful life, all contained within dividuals and small businesses that do consume. their appropriation bills. And the list not participate in the government plan Mr. Speaker, I rise in opposition to goes on and on with other promises. and $800 billion, which the President this closed rule—once again, a closed Yet the only thing up to now that talks about will be necessary to fund rule—coming out of the Rules Com- they really have accomplished is this massive government takeover and mittee and the process that brought record deficits, record spending and will result in 4.7 to 5.5 million more this bill to the floor. My friends on the record unemployment numbers all private-sector jobs being lost in Amer- other side of the aisle for the first time across America. The fiscal year 2010 ica. in history shut down the appropriation Energy and Water appropriation con- In July, the Congressional Budget Of- process by placing extremely restric- ference report provides $33.5 billion in fice director stated that the Demo- tive rules on every single appropriation total funding, which is hundreds of mil- cratic health care proposal ‘‘signifi- bill that has come to the floor of the lions of dollars above last year’s level, cantly expands the Federal responsi- House this year. Chairman OBEY set an and this is in addition to the $58.7 bil- bility for health care costs.’’ Mr. arbitrary timeline to finish the fiscal lion provided in fiscal year 2009 emer- Speaker, I thought that the goal of year 2010 spending bills, which has gency funding just from a few months health reform was to bring costs down forced the Democrat Rules Committee ago, mostly from the stimulus bill. to limit every Republican and Demo- We have seen massive government for Americans, not to increase the cost, crat’s chance to offer an amendment on spending. Now this bill does not rep- further America toward bankruptcy the floor. resent any commitment to fiscal sus- and to cost 4.7 to 5.5 million more en- Why? For what reason? There are tainability. More promises, more terprise system jobs. By the way, those hundreds of good amendments which spending, more deficit, more record un- are jobs that are not in Washington, were offered by all of my colleagues employment. Mr. Speaker, the Obama D.C. which were rejected in this unprece- administration promised America, if The American people know that you dented fashion. Now that this House Congress passed the stimulus bill, that cannot spend what you don’t have, and has finished all the appropriation bills, unemployment would not go beyond 8 that’s exactly what we are doing here you would think that my friends on the percent, that it would create and save today with the Democratic majority. other side of the aisle would allow for millions of jobs. Here we are 8 months Earlier this month, the Treasury De- an appropriate time and an appropriate later with a record 9.7 unemployment partment released a statement report- process for consideration of the con- rate, the highest in 26 years, and more ing that the Federal budget deficit ference reports, not just come to this than 2 million Americans have lost reached a record $1.378 trillion and that House floor but for Members to be their jobs since the passage of the $1.2 the national debt reached $11.8 trillion heard from and for us to go back to a trillion ‘‘stimulus employment plan.’’ by the end of August. This means that process which this House was used to in This summer when discussing the since 2007, this Democratic Congress its precedents for so many years. stimulus, Vice President BIDEN said has increased the Federal deficit by But no. Last night the conference re- the Obama administration—and I $1.217 billion and increased the na- port was filed after 6 p.m., I believe quote—‘‘misread how bad the economy tional debt by over $3 trillion. What a 6:17, and the Rules Committee met at was,’’ even though as a candidate for record. 7:15 to report out a rule for floor con- President and Vice President both of In closing, Mr. Speaker, I will con- sideration. Our Democrat colleagues in them had been all over the country. tinue to point out that our friends on the committee waived the House rule They had seen firsthand exactly the the other side of the aisle should not that requires a 3-day layover of con- circumstance this country was in. tax and spend not only this country ference reports and scheduled a bill on The Obama administration got it but also hardworking families into a the floor first thing this morning. Ad- wrong. They got it wrong when it came further economic recession. ditionally, just last week this House to the stimulus, and the American peo- b 1215 voted to adopt a motion to instruct ple know they got it wrong also. The that stated that the conference report, American people can no longer afford My Democratic colleagues need to a bill that we are discussing on the this Democrat-controlled House, Sen- get a handle on the out-of-control floor here today, should be available ate and White House. We’ve got to spending which they dogged us repeat- online in a searchable format for at start getting it right, not guessing and edly about when we were in the major- least 48 hours before it’s voted on. getting it wrong. Spending hundreds of ity at far lesser levels. Well, Mr. Speaker, forget the 3-day millions of dollars more in addition to Rising unemployment and record rule. Forget the 48-hour motion to in- the $58 billion additional spending this deficits cannot be remedied with mas- struct; this House was given just less year is not a way to fix the problem. In sive increases in spending by Uncle than 24 hours to review the conference June of this year, my friends on the Sam. Huge energy and health care report and its changes. I don’t know other side of the aisle passed a cap-and- costs that raise taxes and kill jobs is when my Democrat colleagues will trade bill that will raise prices on en- not what our economy needs right now. allow for the open, honest and ethical ergy, goods, and services, and every Americans need a balance. They need Congress that they once called for, but single hardworking American across to listen to what is happening in Wash- we’re on the floor once again saying, the country will pay that price. ington only to see that Washington is We have met the deadline that Chair- In my home State of Texas, the aver- the problem, not the answer. Ameri- man OBEY wanted. Can we get back to age household can expect to pay more cans are tightening their belts because a normal process now, a normal process than $1,100 a year extra as a result of they get it. Congress should be doing that is not good just for Republicans that legislation. Additionally, this leg- the same thing. and not just for our Democratic Mem- islation could ultimately kill over 1.38 Mr. Speaker, we have talked today bers but good for this House to follow? million jobs that are in the manufac- about the process. We have talked Mr. Speaker, today we are discussing turing sector of this economy. That’s today about spending. And we have the Energy and Water appropriation 1.38 million more jobs. talked about the overall agenda of this

VerDate Nov 24 2008 00:32 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.033 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10422 CONGRESSIONAL RECORD — HOUSE October 1, 2009 Democratic majority that is about tax- tinue to have Members come to the Most importantly for my district, ing, it is about spending, it is about Rules Committee that seek time, per- this legislation increases funding for record unemployment, rather than mission to speak about ideas that will the Army Corps of Engineers and the working on the things that the Amer- better the bills. Bureau of Reclamation. Every dollar is ican people, the people back home who Yet we find that in these instances crucial for my constituents in Sac- sent us here to do our job, are working before the Rules Committee, it really ramento as we work to improve our on. doesn’t matter. It doesn’t matter not water infrastructure, as I know it is to I encourage a ‘‘no’’ vote on this rule. just for Republicans, but it really all my colleagues in the House with Mr. Speaker, I reserve the balance of doesn’t matter to a Democrat either. similar bills. my time. They will block the best ideas that I want to thank Chairman OBEY and Ms. MATSUI. Mr. Speaker, I want to come from the heartland. Chairman PASTOR for recognizing how remind my colleague on the other side Mr. Speaker, this is not a way to con- critical this funding is to all of us. We of the aisle that we’re not debating the tinue. We are once again coming to the rely upon it to fortify our levees, raise American Clean Energy and Security floor, as I have done all year, and my our dams, and keep our communities Act or the health care reform bill. We colleagues DAVID DREIER, LINCOLN safe and dry. are dealing today with the conference DIAZ-BALART, and VIRGINIA FOXX, as we This bill also looks to the future by report for Energy and Water Develop- explain the rules and explain the Rules investing in the development of a new ment. Committee, explain what is happening: smart grid to ensure electricity deliv- And I must say that this is a bill, a receiving a bill at 3 o’clock in the ery and energy reliability. And it conference report, that has strong bi- morning; getting a bill, as we did last makes a strong commitment to renew- partisan support. As far as job cre- night, 1 hour before the meeting; not able energy and scientific research. ation, this is about infrastructure, even following the rules from a resolu- I urge a ‘‘yes’’ vote on the previous spending on public safety projects that tion we had just the week before about question and on the rule. will save jobs across America. As I said online availability of bills. Mr. Speaker, I yield back the balance before, it’s a smart investment, the Mr. Speaker, no wonder the Amer- of my time, and I move the previous type of smart investment the American ican people are up in arms and insist- question on the resolution. people want this Congress to be mak- ing that Members of Congress read the The previous question was ordered. ing at this difficult point in our his- bill first; that every single Member of The SPEAKER pro tempore. The tory. this body is given a chance every single question is on the resolution. Our Nation’s levees are crumbling, time to say, I disagree with the direc- The question was taken; and the and we’re putting public health at risk tion that the Democratic leadership is Speaker pro tempore announced that because of things like that. This is the taking us. time to invest in infrastructure like We need to read the bills. We need to the ayes appeared to have it. this. take the ideas from people in the Ms. MATSUI. Mr. Speaker, on that I Mr. Speaker, I reserve the balance of heartland, through their Representa- demand the yeas and nays. my time. tives in committees and up in the The yeas and nays were ordered. Mr. SESSIONS. Mr. Speaker, the Rules Committee, and make these in The SPEAKER pro tempore. Pursu- thought process here in Washington is order and follow a process that the ant to clause 8 of rule XX, this 15- that we can solve all the problems that American people, if they were sitting minute vote on adoption of House Res- our country has, just trust Wash- in, would say, Why not take more olution 788 will be followed by 5-minute ington. I think now more than ever we time? Why not understand the bill? votes on motions to suspend the rules are seeing at the end of this year that Why not cut spending? Why not make on H. Res. 692 and H. Con. Res. 151. the leadership in Washington, D.C., the some commonsense directional issues The vote was taken by electronic de- bills that are on this floor, the votes happen in this Congress? This leader- vice, and there were—yeas 234, nays which we take virtually every single ship, these bills continue to follow a 181, not voting 17, as follows: time, every single vote is about more process that the American people are [Roll No. 749] taxes, more spending, more rules and questioning. YEAS—234 regulations that are thrown to the We will continue coming to the floor Abercrombie Conyers Green, Al American people with this package and politely, on behalf of people back Ackerman Cooper Green, Gene about how great this is for the Amer- home, say that we would hope that we Altmire Costa Grijalva ican people. Andrews Costello Gutierrez would go back to regular processes in- Arcuri Courtney Hall (NY) Yet what happens is that Members of stead of setting a new record every Baca Crowley Halvorson Congress, lots of them in our body on time for closed rules. I think it’s im- Baldwin Cuellar Hare both sides, go back home and they lis- portant. I think it’s important. Barrow Cummings Harman Bean Dahlkemper Hastings (FL) ten to the American people. And they We will keep coming to the floor, and Becerra Davis (AL) Heinrich listen to the American people talk we will dutifully keep speaking up, and Berkley Davis (CA) Herseth Sandlin what I think is a lot of common sense: we will make sure that we are properly Berman Davis (IL) Higgins common sense about how to fix our representing those people who are talk- Berry Davis (TN) Hill Bishop (GA) DeFazio Himes health care, how to fix our spending, ing about better process, better direc- Bishop (NY) DeGette Hinchey how to fix the unemployment, how to tion, and doing the things that will Blumenauer Delahunt Hinojosa encourage manufacturing rather than work. Boccieri DeLauro Hirono Boren Dicks Hodes deleting it. Mr. Speaker, I thank the gentle- Boswell Dingell Holden Then they look up and see the polit- woman for yielding the time, and I Boucher Doggett Holt ical agenda of the Democratic Party, yield back the balance of my time. Boyd Donnelly (IN) Honda that in the three biggest political bills Ms. MATSUI. Mr. Speaker, I yield Brady (PA) Doyle Hoyer Braley (IA) Driehaus Israel that represent the Democratic Party myself the balance of my time. Brown, Corrine Edwards (MD) Jackson (IL) we will lose almost 10 million jobs in The rule before us today is a fair rule Butterfield Edwards (TX) Jackson-Lee this country; and the political agenda that is aligned with the customary Capps Ellison (TX) of the Democratic Party, one which practice of the House for rules gov- Cardoza Engel Johnson (GA) Carnahan Eshoo Johnson, E. B. this body is barreling down that path- erning debate on conference reports. Carson (IN) Etheridge Kagen way to meet and match, has resulted in After numerous hearings and con- Castor (FL) Farr Kaptur disaster for people back home. structive negotiations with the Senate, Chandler Fattah Kennedy Childers Filner Kildee So the Republican Party will con- the Appropriations Committee has Chu Foster Kilpatrick (MI) tinue to come to Washington and be crafted an important and balanced bill. Clarke Frank (MA) Kilroy faithful after listening, and we will go It invests in new technologies, sci- Clay Fudge Kind to our committees and we will throw entific research, and conservation ef- Cleaver Giffords Kirkpatrick (AZ) Clyburn Gonzalez Kissell our ideas on the floor and ask the com- forts that are critical to the long-term Cohen Gordon (TN) Klein (FL) mittees to vote on them. We will con- health of our economy and our planet. Connolly (VA) Grayson Kosmas

VerDate Nov 24 2008 00:32 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.035 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10423 Langevin Neal (MA) Sestak Thornberry Walden Wolf Dingell Kirkpatrick (AZ) Platts Larsen (WA) Oberstar Shea-Porter Tiahrt Wamp Young (AK) Doggett Kissell Poe (TX) Larson (CT) Obey Sherman Tiberi Westmoreland Young (FL) Donnelly (IN) Klein (FL) Polis (CO) Lee (CA) Olver Sires Turner Wilson (SC) Doyle Kline (MN) Pomeroy Levin Ortiz Skelton Upton Wittman Dreier Kosmas Posey Lewis (GA) Pallone Slaughter Driehaus Kratovil Price (GA) Lipinski Pastor (AZ) Smith (WA) NOT VOTING—17 Duncan Kucinich Price (NC) Loebsack Payne Snyder Adler (NJ) Lamborn Quigley Edwards (MD) Lance Putnam Lofgren, Zoe Perlmutter Space Barrett (SC) Luja´ n Schmidt Edwards (TX) Langevin Radanovich Lowey Perriello Speier Capuano Maloney Souder Ehlers Larsen (WA) Rahall Lynch Peters Spratt Carney McCarthy (CA) Wexler Ellison Larson (CT) Rangel Maffei Peterson Stark Gingrey (GA) Neugebauer Whitfield Ellsworth Latham Rehberg Markey (CO) Pingree (ME) Stupak Inslee Pascrell Emerson LaTourette Reichert Markey (MA) Polis (CO) Sutton Engel Latta Reyes Marshall Pomeroy Tanner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Eshoo Lee (CA) Richardson Massa Price (NC) Taylor The SPEAKER pro tempore (during Etheridge Lee (NY) Rodriguez Matheson Rahall Teague the vote). There is 1 minute remaining Fallin Levin Roe (TN) Matsui Rangel Thompson (CA) Farr Lewis (CA) Rogers (AL) McCarthy (NY) Reyes Thompson (MS) in this vote. Fattah Lewis (GA) Rogers (KY) McCollum Richardson Tierney Filner Linder Rogers (MI) McDermott Rodriguez Titus b 1252 Flake Lipinski Rohrabacher McGovern Ross Tonko Mrs. BLACKBURN, Mr. OLSON, Mr. Fleming LoBiondo Rooney McIntyre Rothman (NJ) Towns Forbes Loebsack Ros-Lehtinen McMahon Roybal-Allard Tsongas SIMPSON and Mrs. BIGGERT changed Fortenberry Lofgren, Zoe Roskam McNerney Ruppersberger Van Hollen their vote from ‘‘yea’’ to ‘‘nay.’’ Foster Lowey Ross Meek (FL) Rush Vela´ zquez So the resolution was agreed to. Foxx Lucas Rothman (NJ) Meeks (NY) Ryan (OH) Visclosky The result of the vote was announced Frank (MA) Luetkemeyer Roybal-Allard Michaud Salazar Walz Franks (AZ) Lummis Royce ´ Miller (NC) Sanchez, Linda Wasserman as above recorded. Frelinghuysen Lungren, Daniel Ruppersberger Miller, George T. Schultz A motion to reconsider was laid on Fudge E. Rush Mitchell Sanchez, Loretta Waters the table. Gallegly Lynch Ryan (OH) Mollohan Sarbanes Watson Garrett (NJ) Mack Ryan (WI) Moore (KS) Schakowsky Watt f Gerlach Maffei Salazar Moore (WI) Schauer Waxman Giffords Manzullo Sa´ nchez, Linda Moran (VA) Schiff Weiner SUPPORTING TAY-SACHS Gingrey (GA) Marchant T. Murphy (CT) Schrader Welch Gohmert Markey (MA) Sanchez, Loretta Murphy, Patrick Schwartz Wilson (OH) AWARENESS MONTH Gonzalez Marshall Sarbanes Murtha Scott (GA) Woolsey The SPEAKER pro tempore. The un- Goodlatte Massa Scalise Nadler (NY) Scott (VA) Wu Granger Matheson Schakowsky Napolitano Serrano Yarmuth finished business is the vote on the mo- Graves Matsui Schauer tion to suspend the rules and agree to Grayson McCarthy (NY) Schiff NAYS—181 the resolution, H. Res. 692, as amended, Green, Al McCaul Schock Aderholt Flake McCotter on which the yeas and nays were or- Green, Gene McClintock Schrader Akin Fleming McHenry dered. Griffith McCollum Schwartz Alexander Forbes McKeon Grijalva McCotter Scott (GA) Austria Fortenberry McMorris The Clerk read the title of the resolu- Guthrie McDermott Scott (VA) Bachmann Foxx Rodgers tion. Gutierrez McGovern Sensenbrenner Bachus Franks (AZ) Melancon The SPEAKER pro tempore. The Hall (NY) McHenry Serrano Baird Frelinghuysen Mica question is on the motion offered by Hall (TX) McIntyre Sessions Bartlett Gallegly Miller (FL) Halvorson McKeon Sestak Barton (TX) Garrett (NJ) Miller (MI) the gentleman from New Jersey (Mr. Hare McMahon Shadegg Biggert Gerlach Miller, Gary PALLONE) that the House suspend the Harman McMorris Shea-Porter Bilbray Gohmert Minnick rules and agree to the resolution, H. Harper Rodgers Sherman Bilirakis Goodlatte Moran (KS) Hastings (FL) Meek (FL) Shimkus Bishop (UT) Granger Murphy (NY) Res. 692, as amended. Hastings (WA) Meeks (NY) Shuler Blackburn Graves Murphy, Tim This will be a 5-minute vote. Heinrich Melancon Shuster Blunt Griffith Myrick The vote was taken by electronic de- Heller Mica Simpson Boehner Guthrie Nunes vice, and there were—yeas 415, nays 0, Hensarling Michaud Sires Bonner Hall (TX) Nye Herger Miller (FL) Skelton Bono Mack Harper Olson not voting 17, as follows: Herseth Sandlin Miller (MI) Slaughter Boozman Hastings (WA) Paul [Roll No. 750] Higgins Miller (NC) Smith (NE) Boustany Heller Paulsen Hill Miller, Gary Smith (NJ) Brady (TX) Hensarling Pence YEAS—415 Himes Miller, George Smith (TX) Bright Herger Petri Abercrombie Boren Chu Hinchey Minnick Smith (WA) Broun (GA) Hoekstra Pitts Ackerman Boswell Clarke Hinojosa Mitchell Snyder Brown (SC) Hunter Platts Aderholt Boucher Clay Hirono Mollohan Souder Brown-Waite, Inglis Poe (TX) Akin Boustany Cleaver Hodes Moore (KS) Space Ginny Issa Posey Alexander Boyd Clyburn Hoekstra Moore (WI) Speier Buchanan Jenkins Price (GA) Altmire Brady (PA) Coble Holden Moran (KS) Spratt Burgess Johnson (IL) Putnam Andrews Brady (TX) Coffman (CO) Holt Moran (VA) Stark Burton (IN) Johnson, Sam Radanovich Arcuri Braley (IA) Cohen Honda Murphy (CT) Stearns Buyer Jones Rehberg Austria Bright Cole Hoyer Murphy (NY) Stupak Calvert Jordan (OH) Reichert Baca Broun (GA) Conaway Hunter Murphy, Patrick Sullivan Camp Kanjorski Roe (TN) Bachmann Brown (SC) Connolly (VA) Inglis Murphy, Tim Sutton Campbell King (IA) Rogers (AL) Bachus Brown, Corrine Conyers Inslee Murtha Tanner Cantor King (NY) Rogers (KY) Baird Brown-Waite, Cooper Israel Myrick Taylor Cao Kingston Rogers (MI) Baldwin Ginny Costa Issa Nadler (NY) Teague Capito Kirk Rohrabacher Barrow Buchanan Costello Jackson (IL) Napolitano Terry Carter Kline (MN) Rooney Bartlett Burgess Courtney Jackson-Lee Neal (MA) Thompson (CA) Cassidy Kratovil Ros-Lehtinen Barton (TX) Burton (IN) Crenshaw (TX) Nunes Thompson (MS) Castle Kucinich Roskam Bean Butterfield Crowley Jenkins Nye Thompson (PA) Chaffetz Lance Royce Becerra Buyer Cuellar Johnson (GA) Oberstar Thornberry Coble Latham Ryan (WI) Berkley Calvert Culberson Johnson (IL) Obey Tiahrt Coffman (CO) LaTourette Scalise Berman Camp Cummings Johnson, E.B. Olson Tiberi Cole Latta Schock Berry Campbell Dahlkemper Johnson, Sam Olver Tierney Conaway Lee (NY) Sensenbrenner Biggert Cantor Davis (AL) Jones Ortiz Titus Crenshaw Lewis (CA) Sessions Bilbray Cao Davis (CA) Jordan (OH) Pallone Tonko Culberson Linder Shadegg Bilirakis Capito Davis (IL) Kagen Pastor (AZ) Towns Davis (KY) LoBiondo Shimkus Bishop (GA) Capps Davis (KY) Kanjorski Paul Tsongas Deal (GA) Lucas Shuler Bishop (NY) Cardoza Davis (TN) Kaptur Paulsen Turner Dent Luetkemeyer Shuster Bishop (UT) Carnahan Deal (GA) Kennedy Payne Upton Diaz-Balart, L. Lummis Simpson Blackburn Carson (IN) DeFazio Kildee Pence Van Hollen Diaz-Balart, M. Lungren, Daniel Smith (NE) Blumenauer Carter DeGette Kilpatrick (MI) Perlmutter Vela´ zquez Dreier E. Smith (NJ) Blunt Cassidy Delahunt Kilroy Perriello Visclosky Duncan Mack Smith (TX) Boccieri Castle DeLauro Kind Peters Walden Ehlers Manzullo Stearns Boehner Castor (FL) Dent King (IA) Peterson Walz Ellsworth Marchant Sullivan Bonner Chaffetz Diaz-Balart, L. King (NY) Petri Wamp Emerson McCaul Terry Bono Mack Chandler Diaz-Balart, M. Kingston Pingree (ME) Wasserman Fallin McClintock Thompson (PA) Boozman Childers Dicks Kirk Pitts Schultz

VerDate Nov 24 2008 01:01 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A01OC7.016 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10424 CONGRESSIONAL RECORD — HOUSE October 1, 2009 Waters Westmoreland Wu Donnelly (IN) Kline (MN) Pomeroy Welch Wittman Yarmuth Watson Wilson (OH) Yarmuth Doyle Kosmas Posey Westmoreland Wolf Young (AK) Watt Wilson (SC) Young (AK) Dreier Kratovil Price (GA) Wilson (OH) Woolsey Young (FL) Waxman Wittman Young (FL) Driehaus Kucinich Price (NC) Wilson (SC) Wu Weiner Wolf Duncan Lance Putnam NAYS—1 Welch Woolsey Edwards (MD) Langevin Radanovich Edwards (TX) Larsen (WA) Rahall Paul NOT VOTING—17 Ehlers Larson (CT) Rangel NOT VOTING—21 Adler (NJ) Luja´ n Pascrell Ellsworth Latham Rehberg Barrett (SC) Maloney Quigley Emerson LaTourette Reichert Adler (NJ) Gohmert Pascrell Capuano Markey (CO) Schmidt Engel Latta Reyes Barrett (SC) Lamborn Quigley Carney McCarthy (CA) Wexler Eshoo Lee (CA) Richardson Capuano Luja´ n Schmidt Gordon (TN) McNerney Whitfield Etheridge Lee (NY) Rodriguez Carney Maloney Tiberi Lamborn Neugebauer Fallin Levin Roe (TN) Conyers McCarthy (CA) Visclosky Farr Lewis (CA) Rogers (AL) Deal (GA) Miller (NC) Wexler ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Fattah Lewis (GA) Rogers (KY) Ellison Neugebauer Whitfield Filner Linder Rogers (MI) The SPEAKER pro tempore (during ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the vote). There are 2 minutes remain- Flake Lipinski Rohrabacher Fleming LoBiondo Rooney The SPEAKER pro tempore (during ing in the vote. Forbes Loebsack Ros-Lehtinen the vote). Two minutes remain in the Fortenberry Lofgren, Zoe Roskam vote. b 1300 Foster Lowey Ross So (two-thirds being in the affirma- Foxx Lucas Rothman (NJ) b 1307 Frank (MA) Luetkemeyer Roybal-Allard So (two-thirds being in the affirma- tive) the rules were suspended and the Franks (AZ) Lummis Royce resolution, as amended, was agreed to. Frelinghuysen Lungren, Daniel Ruppersberger tive) the rules were suspended and the The result of the vote was announced Fudge E. Rush concurrent resolution, as amended, was as above recorded. Gallegly Lynch Ryan (OH) agreed to. Garrett (NJ) Mack Ryan (WI) The result of the vote was announced A motion to reconsider was laid on Gerlach Maffei Salazar the table. Giffords Manzullo Sa´ nchez, Linda as above recorded. Gingrey (GA) Marchant T. A motion to reconsider was laid on f Gonzalez Markey (CO) Sanchez, Loretta the table. Goodlatte Markey (MA) Sarbanes f CALLING FOR RELEASE OF LIU Gordon (TN) Marshall Scalise XIAOBO Granger Massa Schakowsky CONFERENCE REPORT ON H.R. 3183, Graves Matheson Schauer ENERGY AND WATER DEVELOP- The SPEAKER pro tempore. The un- Grayson Matsui Schiff finished business is the vote on the mo- Green, Al McCarthy (NY) Schock MENT AND RELATED AGENCIES Green, Gene McCaul Schrader APPROPRIATIONS ACT, 2010 tion to suspend the rules and agree to Griffith McClintock Schwartz the concurrent resolution, H. Con. Res. Grijalva McCollum Scott (GA) Mr. PASTOR of Arizona. Mr. Speak- 151, as amended, on which the yeas and Guthrie McCotter Scott (VA) er, pursuant to House Resolution 788, I nays were ordered. Gutierrez McDermott Sensenbrenner call up the conference report on the Hall (NY) McGovern Serrano bill (H.R. 3183) making appropriations The Clerk read the title of the con- Hall (TX) McHenry Sessions current resolution. Halvorson McIntyre Sestak for energy and water development and The SPEAKER pro tempore. The Hare McKeon Shadegg related agencies for the fiscal year end- question is on the motion offered by Harman McMahon Shea-Porter ing September 30, 2010, and for other Harper McMorris Sherman purposes, and ask for its immediate the gentleman from California (Mr. Hastings (FL) Rodgers Shimkus BERMAN) that the House suspend the Hastings (WA) McNerney Shuler consideration. rules and agree to the concurrent reso- Heinrich Meek (FL) Shuster The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. lution, H. Con. Res. 151, as amended. Heller Meeks (NY) Simpson Hensarling Melancon Sires TIERNEY). Pursuant to House Resolu- This will be a 5-minute vote. Herger Mica Skelton tion 788, the conference report is con- The vote was taken by electronic de- Herseth Sandlin Michaud Slaughter sidered read. vice, and there were—yeas 410, nays 1, Higgins Miller (FL) Smith (NE) Hill Miller (MI) Smith (NJ) (For conference report and state- not voting 21, as follows: Himes Miller, Gary Smith (TX) ment, see proceedings of the House of [Roll No. 751] Hinchey Miller, George Smith (WA) September 30, 2009, at page H10150.) Hinojosa Minnick Snyder YEAS—410 Hirono Mitchell Souder The SPEAKER pro tempore. The gen- Abercrombie Boren Chu Hodes Mollohan Space tleman from Arizona (Mr. PASTOR) and Ackerman Boswell Clarke Hoekstra Moore (KS) Speier the gentleman from New Jersey (Mr. Aderholt Boucher Clay Holden Moore (WI) Spratt FRELINGHUYSEN) each will control min- Akin Boustany Cleaver Holt Moran (KS) Stark Alexander Boyd Clyburn Honda Moran (VA) Stearns utes 30 minutes. Altmire Brady (PA) Coble Hoyer Murphy (CT) Stupak The Chair recognizes the gentleman Andrews Brady (TX) Coffman (CO) Hunter Murphy (NY) Sullivan from Arizona. Arcuri Braley (IA) Cohen Inglis Murphy, Patrick Sutton GENERAL LEAVE Austria Bright Cole Inslee Murphy, Tim Tanner Baca Broun (GA) Conaway Israel Murtha Taylor Mr. PASTOR of Arizona. Mr. Speak- Bachmann Brown (SC) Connolly (VA) Issa Myrick Teague er, I ask unanimous consent that all Bachus Brown, Corrine Cooper Jackson (IL) Nadler (NY) Terry Members may have 5 legislative days Baird Brown-Waite, Costa Jackson-Lee Napolitano Thompson (CA) Baldwin Ginny Costello (TX) Neal (MA) Thompson (MS) in which to revise and extend their re- Barrow Buchanan Courtney Jenkins Nunes Thompson (PA) marks and include extraneous material Bartlett Burgess Crenshaw Johnson (GA) Nye Thornberry on the conference report to accompany Barton (TX) Burton (IN) Crowley Johnson (IL) Oberstar Tiahrt H.R. 3183. Bean Butterfield Cuellar Johnson, E. B. Obey Tierney Becerra Buyer Culberson Johnson, Sam Olson Titus The SPEAKER pro tempore. Is there Berkley Calvert Cummings Jones Olver Tonko objection to the request of the gen- Berman Camp Dahlkemper Jordan (OH) Ortiz Towns tleman from Arizona? Berry Campbell Davis (AL) Kagen Pallone Tsongas There was no objection. Biggert Cantor Davis (CA) Kanjorski Pastor (AZ) Turner Mr. PASTOR of Arizona. Mr. Speak- Bilbray Cao Davis (IL) Kaptur Paulsen Upton Bilirakis Capito Davis (KY) Kennedy Payne Van Hollen er, I yield myself such time as I may Bishop (GA) Capps Davis (TN) Kildee Pence Vela´ zquez consume. Bishop (NY) Cardoza DeFazio Kilpatrick (MI) Perlmutter Walden Mr. Speaker, I am pleased to present Bishop (UT) Carnahan DeGette Kilroy Perriello Walz to the House today the conference re- Blackburn Carson (IN) Delahunt Kind Peters Wamp Blumenauer Carter DeLauro King (IA) Peterson Wasserman port on H.R. 3183, the Energy and Blunt Cassidy Dent King (NY) Petri Schultz Water Development Appropriation Act Boccieri Castle Diaz-Balart, L. Kingston Pingree (ME) Waters for fiscal year 2010. Boehner Castor (FL) Diaz-Balart, M. Kirk Pitts Watson The conference agreement before us Bonner Chaffetz Dicks Kirkpatrick (AZ) Platts Watt Bono Mack Chandler Dingell Kissell Poe (TX) Waxman is a good one, and it merits the support Boozman Childers Doggett Klein (FL) Polis (CO) Weiner of all of the Members of the House.

VerDate Nov 24 2008 01:01 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A01OC7.014 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10425 The agencies and the programs under $33.5 billion. This constitutes an increase of portfolio of approaches across energy tech- the jurisdiction of energy and water de- $204 million from the enacted level for fiscal nologies at the Department of Energy will be velopment contribute to solving many year 2009, and is approximately $929 million required to transform our energy economy and of the most pressing challenges facing below the budget request. While the con- address this energy crisis. To further diversify our country, including strengthening ference agreement is below the budget re- this portfolio, the conferees provide a prudent and maintaining our water infrastruc- quest, the primary reason for this difference is level of funding for Energy Innovation Hubs, ture, advancing U.S. scientific leader- a Congressional Budget Office score of $1.5 Hubs, a new research model that will gather a ship, combating global climate change billion for the Department of Energy’s budget broad array of researchers around critical en- with renewable and cleaner energy request for the Innovative Technology Loan ergy challenges. The conference agreement technologies, and providing security Guarantee Program. The conference agree- provides the Department of Energy with the against nuclear threats. I believe the ment provides $571 million above the budget opportunity to establish three Hubs to re- conference agreement provides strong request in program scope. search the next generation of clean and safe support for these agencies and pro- Title I of this conference report provides nuclear power, cutting-edge science and tech- grams. funding for the Civil Works program of the nology to convert sunlight to transportation The total amount of funding included U.S. Army Corps of Engineers, including the fuels, and systems to reduce energy use in in the energy and water conference Formerly Utilized Sites Remedial Action Pro- buildings. agreement is $35.5 billion. This con- gram. The conference agreement provides the The conference agreement provides a stitutes an increase of $204 million Corps with $5.4 billion in fiscal year 2010, record investment of $2.24 billion in renewable from the enacted level for fiscal year slightly above fiscal year 2009, and $320 mil- energy and efficient energy technologies, $314 2009. While the conference agreement is lion over the budget request. These invest- million above the fiscal year 2009, to develop below the budget request, the primary ments will provide increased transportation ef- and deploy long-term solutions to our energy reason for this difference is the Con- ficiency on our nation’s waterways, job cre- challenges. By investing in ways to harness gressional Budget Office score of the ation, clean water, and, most importantly, will energy from solar, wind, geothermal, biomass, Department of Energy’s budget. The ensure the safety of our citizens. The con- and water sources, the conference agreement conference agreement provides $571 ference agreement also recognizes the in- takes steps to advance technologies that will million above the budget request in creasing cost of aging infrastructure through provide affordable, clean energy from domes- program scope to further critical en- significantly increased funding for the oper- tic, renewable sources. Although they offer ergy, water development and related ation and maintenance of existing projects. vast, untapped renewable energy resources in goals. The conference agreement continues to limit the United States, these technologies currently Mr. Speaker, I want to thank my new contract obligations that require funding account for less than 3 percent of our elec- Senate counterpart, Chairman BYRON from the Inland Waterways Trust Fund due to tricity generation. Applied research and devel- DORGAN, and his ranking member, ROB- the insolvency of the Fund. If the revenue opment for these renewable energy tech- ERT BENNETT, for their hard work dur- stream is not addressed, the level of invest- nologies is funded at $620 million, an increase ing this conference. I especially want ment must be adjusted to the available re- of 17 percent over the fiscal year 2009, to to extend my appreciation to my rank- sources—resulting in increased costs to exist- launch our nation into the next generation of ing member, the Honorable RODNEY ing projects as they are suspended, as well as clean and secure electricity generation. FRELINGHUYSEN of New Jersey, for his the deferral of new projects in need of recapi- To bring electrical power from these new re- extraordinary cooperation and insight. talization. I would urge the administration and newable resources to the population centers I truly value his support and advice interested parties to pursue this issue with the that use it, and to reduce energy losses during and that of all of the members of our relevant authorizing committees. power transmission, the conference agree- Energy and Water Subcommittee. I be- Funding for title II, which includes the Cen- ment boosts funding by 26 percent over 2009 lieve we are all proud of this bipartisan tral Utah Project Completion Account and the for electricity delivery and energy reliability. In product. programs of the Bureau of Reclamation, is addition to funding research and development Mr. Speaker, before I conclude, I $1.13 billion, $12 million above the amount for smart grids, energy storage, and other would also like to thank the staff for appropriated last year and $67 million above ways to modernize the nation’s power trans- their help in shepherding this bill through the House and through con- the budget request. The conferees support mission and distribution system, the con- ference with the Senate. The sub- funding for two projects to alleviate water sup- ference agreement more than triples funding committee staff includes Taunja ply and conservation issues in the California over the fiscal year 2009 for cyber security re- Berquam, Robert Sherman, Joseph Bay-Delta, as proposed by the House. The search and development to secure the na- Levin, James Windle, Casey Pearce, conference agreement provides $133 million, tion’s electric power system as cyber attacks and our detailee from the Corps of En- $69 million above the request, for rural water increase worldwide while the grid is becoming gineers, Lauren Minto. projects to bring clean water to tribal and rural increasingly network-connected. I also want to thank Richard Patrick communities in Arizona, California, Montana, Chronically high fuel prices and dependence of my staff and Rob Blair and Kevin New Mexico, and South Dakota. on foreign oil continue to hinder our nation’s Jones of the minority staff, and Nancy Total funding for title III, the Department of economy and transportation sector. The con- Fox and Kathleen Hazlett of Mr. Energy, is $27.1 billion, $318 million above fis- ference agreement invests nearly $950 million FRELINGHUYSEN’s staff. cal year 2009 and $1.3 billion below the budg- in activities at the Department of Energy to Mr. Speaker, I urge unanimous sup- et request due to a score by the Congres- permanently reduce our dependence on petro- port in the House for the adoption of sional Budget Office of $1.5 billion for the De- leum fuels. The agreement provides $311 mil- this conference report. partment of Energy’s budget request for the lion for vehicle technologies, $38 million above Mr. Speaker, I am pleased to present to the Innovative Technology Loan Guarantee Pro- the fiscal year 2009, to increase vehicle effi- House today the conference report on H.R. gram. This conference agreement, when com- ciency, advance alternative fuel technologies 3183, the Energy and Water Development Ap- bined with the $36.6 billion of American Rein- for next-generation biofuels, and develop elec- propriations Act for fiscal year 2010. The vestment and Recovery Act funding, rep- trified vehicles that can run petroleum-free. agencies and programs under the jurisdiction resents a historic investment into energy and Further, the conference agreement provides of Energy and Water Development contribute science technology, as well as the cleanup of $174 million for hydrogen and fuel cell tech- to solving many of the most pressing chal- the nation’s nuclear legacy. The conference nologies, to continue the work at the Depart- lenges facing our country, including strength- agreement also supports the national security ment of Energy, in conjunction with private in- ening and maintaining our water infrastructure, missions of the National Nuclear Security Ad- dustry and research institutions, furthering one advancing U.S. scientific leadership, com- ministration. of a small handful of pathways that may re- bating global climate change with renewable Our nation’s ongoing energy crisis affects duce the need for imported petroleum fuels. and cleaner energy technologies, and pro- our economy, security, and environment, and The conference agreement invests $570 viding security against nuclear threats. I be- the conferees have taken. action with this million in programs that cost-effectively cut en- lieve the conference agreement provides agreement to develop lasting solutions for our ergy consumption now and in the future by de- strong support for these agencies and pro- energy challenges. Americans today face ris- veloping and deploying efficient energy tech- grams. ing electricity prices, a transportation system nologies. Americans will save money and en- The total amount of funding included in the still dependent on foreign oil, and the looming ergy in the near-term through $210 million in Energy and Water conference agreement is uncertainty of global climate change. A broad funding for weatherization assistance grants, a

VerDate Nov 24 2008 01:01 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K01OC7.043 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10426 CONGRESSIONAL RECORD — HOUSE October 1, 2009 5 percent increase over the fiscal year 2009. nuclear proliferation overseas, maintain the ment funded the Appalachian Regional Com- Further, the conference agreement increases U.S. nuclear weapons stockpile, and provide mission at $76 million and the Delta Regional funding for Industrial Technologies and Build- reliable nuclear propulsion for the U.S. Navy. Authority at $13 million, the same as the re- ing Technologies to develop innovative tech- The conference agreement provides a total of quest. The conference agreement also pro- nologies that will help our homes, businesses $9.9 billion for the NNSA, which includes $666 vides $12 million for the Denali Commission, and industries save energy and money while million of construction activities for the Mixed- the same as the request. Two new commis- reducing harmful emissions. Oxide Fuel Fabrication Facility not funded in sions have been funded by conference agree- The conference agreement is a measured the NNSA in fiscal year 2009. Adjusting for the ment: the Northern Border Regional Commis- commitment to positioning nuclear energy to new activities, the conference agreement for sion at $1.5 million and the Southeast Cres- play a role in the nation’s energy future. The the NNSA is $9.2 billion, the same as fiscal cent Regional Commission at $250,000. The conference agreement provides $787 million year 2009. Nuclear Waste Technical Review Board is for nuclear energy, $5 million below fiscal year Nuclear weapons or material with nuclear funded at $3.9 million, the same as the re- 2009 and $10 million above the request. This weapons potential, in the hands of terrorists quest, and the Defense Nuclear Facilities funding supports the licensing, research, and are a priority national security threat to the Safety Board is funded at $26 million, the development of nuclear reactor technologies. United States and our allies. The NNSA pro- same as the request. The Federal Coordinator In addition, the conference agreement sup- grams address the full spectrum of the pro- for the Alaska Natural Gas Transportation ports fossil energy funding to emphasize car- liferation threat by supporting multilateral Projects is also funded at the budget request bon capture and sequestration—the key to en- agreements, securing nuclear materials over- level of $4.5 million. Finally, the conference abling the use of our extensive reserves of seas, detecting illicit trafficking, and research- agreement provides $154.7 million for the Nu- coal while reducing greenhouse gas emis- ing and developing the leading-edge tech- clear Regulatory Commission, NRC, $29 mil- sions. Fossil Energy research and develop- nology to support nonproliferation. Defense lion below the budget request. ment programs are funded at $672 million, Nuclear Nonproliferation activities are funded We have a responsibility to do everything $55 million above the request, of which $404 at $2.1 billion. The International Nuclear Mate- possible to address our current energy crisis million is for fuels and power systems and rial Protection and Cooperation program that and the state of our infrastructure. This con- $37.8 million focuses on natural gas and un- works in Russia and elsewhere to secure nu- ference agreement invests in the energy areas conventional petroleum research. clear material and enhance border and port that will put us on the long-term path to in- There is a legacy of contamination from the security receives $572 million, $20 million creased energy independence, reduce the past 60 years of nuclear weapons manufac- above the request and $172 million above fis- emissions of greenhouse gases, and lead turing and research. This conference agree- cal year 2009. The conference agreement in- global efforts to confront global climate ment is a major investment in mitigating the cludes funds for the Mixed-Oxide Fuel Fab- change. Further, it provides funding to build environmental effects of the nation’s nuclear rication Facility, Waste Solidification Building, and maintain our nation’s navigation, flood legacy and, for the first time, meets virtually all and supporting activities at Savannah River, damage reduction projects and water supply of the cleanup regulatory compliance mile- South Carolina. facilities to strengthen our economy, protect stones at sites around the country. The con- Given the serious international and domestic our citizens and provide those who do not ference agreement provides $6.4 billion for en- consequences of the U.S. initiating a new nu- have it, clean water. vironmental cleanup, which includes national clear weapons production activity, it is critical I want to thank my Senate counterpart, defense and non-defense sites, as well as that the administration lay out a comprehen- Chairman BYRON DORGAN, and his Ranking Uranium Enrichment Decontamination and De- sive course of action before funding is appro- Member, Senator ROBERT BENNETT, for their commissioning (UED&D). Defense sites are priated. Major transformation of the weapons hard work during this conference. I especially funded at $5.6 billion, $147 million above the complex can only be produced with significant want to extend my appreciation to my Ranking request. The conference agreement provides bipartisan support, lasting over multiple ses- Member, the Honorable RODNEY FRELING- non-defense sites with $245 million, $7 million sions of Congress and multiple Administra- HUYSEN of New Jersey, for his extraordinary above the request, and $574 million for tions. cooperation and insight. I truly value his sup- UED&D, $14 million above the request. The The Nuclear Posture Review should inform port and advice, and that of all the members clean-up projects and activities take place an enduring strategy and provide the basis of of our Energy and Water Subcommittee. I be- around the country, in places like Hanford, the underlying complex necessary to ensure lieve we are all proud of this bipartisan prod- Washington; Savannah River, South Carolina; the nation’s nuclear weapons continue to keep uct. Los Alamos, New Mexico; Oak Ridge, Ten- our nuclear weapons safe and reliable. The Mr. Speaker, before I conclude I would also nessee; Portsmouth, Ohio; Idaho; and Padu- conference agreement provides $32.5 million like to thank the staff for their help in shep- cah, Kentucky, among others. for a limited study of how to improve the non- herding this bill through the House and The conference agreement increases fund- nuclear components of the B61 bomb. The through conference with the Senate. The Sub- ing for the Office of Science 3 percent from agreement also includes direction for the committee staff includes Taunja Berquam, fiscal year 2009, progress in these constrained NNSA to commission two independent studies Robert Sherman, Joseph Levin, James times. The conference agreement provides to ensure that the B61–12 is both necessary Windle, Casey Pearce, and our detailee from $394 million for advanced scientific computing and technically sound. In particular, the sec- the Corps of Engineers, Lauren Minto. I also research, $25 million above fiscal year 2009. ond study will examine whether the B61–12 want to thank Richard Patrick of my staff, and The Office of Science conducts world-leading has sufficient technical advantages to con- Rob Blair and Kevin Jones of the minority scientific research and development, both in stitute a long-term 21st century weapon, or staff, and Nancy Fox and Kathleen Hazlett of exploring the fundamental nature of matter whether it is likely to need near-term replace- Mr. FRELINGHUYSEN’s staff. and energy, and in laying the technological ment or retirement. Should the Nuclear Pos- I urge the unanimous support of the House foundations upon which are found our best ture Review confirm the B61–12 as a national for adoption of this conference report. prospects of building energy independence security requirement, the agreement includes I reserve the balance of my time. and control of climate change. a provision allowing the NNSA to reprogram Mr. FRELINGHUYSEN. Mr. Speaker, While the administration is determining na- funds from other, limited, activities to address I yield myself as much as time as I tional policy regarding how to dispose of high- technical issues associated with the non-nu- may consume. level radioactive waste and nuclear spent fuel, clear portion of this program. In the interim, I rise in support of the Energy and it is prudent to continue to learn from the in- this agreement maintains B61-related tech- Water appropriations conference agree- vestment that has been made to the Yucca nical expertise while evaluating whether the ment for 2010. I would like to recognize Mountain waste repository. For nuclear waste program is essential for national security. Vice Chairman PASTOR for his friend- disposal activities, the conference agreement For Naval Reactors, the conference agree- ship and leadership—it has been a good provides a total of $197 million to continue the ment provides $945 million, $117 million working partnership—and all members licensing process at Yucca Mountain. Within above fiscal year 2009, in order to support the of the committee. these funds, the conference agreement pro- next-generation nuclear reactor for the U.S. I would also like to thank all of the vides $5 million to create a Blue Ribbon Com- Navy. staff on both sides of the subcommittee mission to evaluate all alternatives for nuclear Funding for title IV, Independent Agencies, as well as in my office and his for their waste disposal. is $292 million, a decrease of $16 million from dedication and hard work. On the ma- The programs of the National Nuclear Secu- the previous fiscal year and $27 million below jority side, Taunja Berquam, the Clerk rity Administration, NNSA, reduce the threat of the budget request. The conference agree- Bob Sherman, Joe Levin, James

VerDate Nov 24 2008 01:01 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A01OC7.032 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10427 Windle, Casey Pearce, and Lauren ics to pipe fitters, from welders to treasure. Time is our enemy, and we Minto. On the minority side, Rob Blair plumbers. Operating nuclear power have delayed too long. and Kevin Jones. In my personal office, plants can sustain 700 permanent jobs In 2000, Congress authorized the Com- Katie Hazlett and Nancy Fox; and in while new plants generate as many as prehensive Everglades Restoration Mr. PASTOR’s personal office, Rich Pat- 2,400 construction jobs. Plan as a State-Federal partnership to rick. All of these individuals worked Currently, the Nuclear Regulatory restore the ailing River of Grass. How- tirelessly to put together the product Commission has applications for 26 new ever, to date, the State has outspent before us which meets the needs of plants. That’s at least 60,000 jobs at the Federal Government by more than every congressional district in the Na- stake. I don’t understand how the 2 to 1. tion. President can push for an economic re- Finally, after 8 years of inaction, we Mr. Speaker, the conference agree- vitalization and reduce carbon emis- are beginning to meet our commit- ment totals $33.465 billion, which is sions while gutting the single tech- ment—and I can’t thank Chairman $928 million below the President’s re- nology which will help accomplish both PASTOR and Chairman OBEY enough for quest, and $167 million, or 0.6 percent, of those goals. their steadfast support of funding to restore the Florida Everglades to its above the fiscal year 2009 enacted level. b 1315 However, the conference agreement once pristine state—with significant was preceded by the American Recov- Our constituents need these jobs and funding in the FY09 bill, the American ery and Reinvestment Act and other the clean power source that they cre- Recovery and Reinvestment Act as emergency stimulus appropriations for ate. well, and now in the FY10 legislation. the fiscal year 2009, which gave more Third, killing Yucca Mountain would Chairman OBEY, Chairman VISCLOSKY than $58 billion in new money to the bring billions of dollars of liability and Chairman PASTOR, your leadership agencies under our jurisdiction. In fact, against the Federal Government, any- on this effort will not be forgotten. It nearly 39 billion new dollars alone went where from $11 to $22 billion. This is will preserve a national treasure for to the Department of Energy. money which the Federal Government years and years to come so that my So while the growth from the fiscal owes industry because we have failed children and my children’s children can year 2009 regular appropriation to this to live up to our responsibilities. We’ve enjoy the Florida Everglades. Today’s conference report is minimal, the De- signed contracts with these companies bill is a positive step forward for the partment of Energy is going to have a to take the waste off their hands. And Everglades, and I hope it will spur fur- difficult time spending and accounting because of the political arrangement ther action in the next fiscal year. Mr. FRELINGHUYSEN. Mr. Speaker, for all of the new money it has re- between the White House and the Sen- I am pleased to yield 4 minutes to the ceived. ate leader, we have failed, taxpayers gentleman from Tennessee (Mr. WAMP), However, Mr. Speaker, in general, and ratepayers must now carry that burden for the foreseeable future. a member of the committee. this conference agreement is reason- Mr. WAMP. I thank the chairman, able and balanced. These are not empty threats or dire predictions. They are facts. Last week, and I thank the ranking member and I do want to highlight one area in the Speaker. It’s my 15th year here. I which I have significant concerns: the the Nuclear Regulatory Commission had a vote that basically denies the go- have been on this committee for 13 future of nuclear power in this country years, and I inherited a district that is and what happens when political ahead for the construction of new nu- clear power plants because of the ad- really heavy in this bill, and I know science trumps sound science. that. I represent Oak Ridge, Tennessee. ministration’s plans to terminate During the Republican motion to re- The committee has been incredibly Yucca Mountain. commit the House Energy and Water good through the years to recognize Those 54,000 jobs I mentioned earlier bill, my colleague from Idaho (Mr. the needed investments in science, en- SIMPSON) spoke eloquently about the are on hold. The nuclear waste in our ergy research, national security and perils of following the President’s plan districts is still there and not going environmental management, and yet to terminate our current nuclear waste anywhere. The billions of liability that again this conference report recognizes management plant at Yucca Mountain. our children will have to repay? Well, those critical priorities on behalf of My biggest regret with this conference that’s another few billion on top of our our country, and I’m grateful for that. agreement is that we were unable to current $1.6 trillion deficit. But much like Paul Revere, I have overcome Senator REID’s influence, and The one bright side of the conference come to the committee, the sub- consequently, the disposal plan is bare- agreement is that we were able to keep committee, and the House again today ly on life support. the license application alive, but just to say we have a huge problem at the The amount of funding in this bill for barely. Until the American public Chickamauga Lock on the Tennessee continuing with the Yucca Mountain wakes up to the pitfalls of this polit- River. license application is now half of what ical arrangement between the White We began construction of the replace- is requested, further delaying the House and the Senate leader, we will ment lock a few years ago. The progress on the establishment of a na- all have to bear the costs. cofferdam is complete. Inside this tional nuclear waste disposal site. With that said, Mr. Chairman, I cofferdam, we will dry out the Ten- And what will the results be of this would like to thank Vice Chairman nessee River in the next few months to decision? Spent nuclear fuel and radio- PASTOR for his leadership and friend- test that the cofferdam works. The active waste is being stored on site at ship. Overall, this is a great conference cofferdam is about the size of this en- 121 locations across 39 States. These agreement, and I intend to support it, tire building, the Capitol Building, in are our States; they’re our constitu- and I reserve the balance of my time. the middle of the Tennessee River. ents. I am sure this fuel is safe where Mr. PASTOR of Arizona. I wish to We are ready now to begin pouring it is today, but I know many of our yield 2 minutes to the gentlewoman the foundations in the middle of the constituents want it stored somewhere from Florida (Ms. WASSERMAN river to replace the lock. The current where the environment will not be af- SCHULTZ). lock will close. I just had the briefing fected and where the material will be Ms. WASSERMAN SCHULTZ. Mr. today from the Corps. kept safely. Speaker, I rise today in support of the Yesterday at the conference com- The President’s and the majority conference report for the Energy and mittee closing this out, and I signed leader in the Senate’s decision will en- Water appropriations bill. the conference report, I offered an sure that the fuel stays where it is for This bill commits $180 million in amendment to put language and up to at least 15 or 20 years with each site Federal funding for critical Everglades $14 million in the bill to make sure we bearing all of the major costs and re- restoration projects. While it is less can move the project forward. It failed sponsibilities for management and se- than the administration request and on a 10–8 vote. I appreciate LINCOLN curity of the waste material. the House-funded level, it represents a DAVIS, the only member of the major- Second, their plan will rob our coun- firm commitment from this Congress. ity for voting ‘‘yes.’’ Everyone in the try of potential jobs and tax revenue. To be clear, we must move boldly for- minority voted ‘‘yes.’’ This is a critical These jobs range from Ph.D.s in phys- ward in saving this unique national problem.

VerDate Nov 24 2008 01:01 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.044 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10428 CONGRESSIONAL RECORD — HOUSE October 1, 2009 I say to the administration, you only that problem. And the gentleman is downturn up and down my State. made a $1 million funding request. It’s right. We did help him here in the Statewide, the unemployment rate has not sufficient to move it along. The House when we passed this bill, but I risen to more than 12 percent. In the current lock will close. The Corps just have to tell him with great regret that Central Valley, regional unemploy- briefed us again today. They cannot in the conference we found very little ment has now reached 20 percent, with keep it open. It will be the largest in- support from the Senate in this par- some communities’ unemployment now land waterway system in the history of ticular lock, and in working out the over 40 percent. California’s water cri- our country to close. conference bill, we had to go back to sis is the result of severe drought con- The current lock was set to close at the $1 million. ditions on top of the federally imposed 2014. We are not building the lock yet. At this moment, I would like to yield pumping restrictions that have been The cofferdam is complete. The Ken- 3 minutes to my colleague from Texas placed on our State’s critical water in- tucky lock only got $1 million, but (Mr. EDWARDS). frastructure. their stimulus money allows them to Mr. EDWARDS of Texas. Mr. Speak- While the conference report does pro- start construction. We could not. I er, this bipartisan bill will greatly im- vide some funding for a number of Cali- made this case at the subcommittee, at prove our Nation’s water infrastruc- fornia’s mid- and long-term water re- the full committee, and on the House ture, robustly fund vital energy re- source management projects, many of floor Mr. PASTOR helped us. We put $14 search and help protect our Nation the projects are years away from com- million in, and just like happens in this from the threat of nuclear terrorism. pletion and will not provide any assist- place, somehow by the time we got to The bottom line is that it will create ance to Californians that are suffering the conference meeting, it was taken jobs, strengthen our economy and pro- today. Many of the most affected com- back out. We tried to restore it yester- tect our Nation. munities have made it clear they are day, change of support, went down vir- The bill provides $5.4 billion for the not looking for a handout. They want tually party lines. U.S. Army Corps of Engineers to ad- their water and their jobs back. I’m telling you, we got a problem. We dress our Nation’s vitally important During the markup of this bill in the need help. And it’s not me. It’s the en- water infrastructure needs. It moves us Appropriations Committee, I offered an tire eastern system. It’s the largest in- forward in funding the construction amendment to do exactly that, by end- land waterway system in the country. and maintenance of our Nation’s ports ing the federally imposed pumping re- It is going to close. We’ve got to do and navigational waterways, which are strictions. Sadly, most of my col- something. crucial to our economy and inter- leagues on the other side of the aisle Please, to the committee, to the Sen- national trade. rejected my amendment and voted to ate, to the House, both parties, admin- H.R. 3183 also makes great strides in protect a 3-inch fish instead of pro- istration, when there is an emergency protecting our communities from nat- tecting jobs and the people of Cali- supplemental, let’s get together ahead ural disasters by providing $2 billion fornia. Similar efforts by my colleague, of time and fix the Inland Waterway for flood protection efforts. Also in- Mr. NUNES, have been rebuffed by the Trust Fund problem. This is a crisis for cluded is $27.1 billion to fund the De- Democratic majority. all the inland waterway system, and partment of Energy’s efforts to de- The fact remains that the flaws and the first big failure will be Chick Lock crease our reliance on foreign sources shortcomings of the Endangered Spe- unless we exert the leadership that we of oil and increase our investment in cies Act have tied the hands of judges are elected to do. It’s a can that has technologies that use energy more effi- and water resource planners, creating a been kicked down the road too long. ciently and to expand energy sources manmade drought that is killing jobs, I plead with you on behalf of the con- right here at home. destroying livelihoods and hurting stituents, not just in my district, not While providing $2.2 billion for re- families in California. just in my State, but in the entire search into energy efficiency and re- I realize this issue should be ad- eastern part of our country. From Peo- newable energy efforts such as solar, dressed by the authorizing committee, ria to south Georgia, you will have wind, biofuels and hydrogen, this bill but if the Democratic leadership will truckloads of cargo and goods, 150,000 also invests in conventional energy not force the committee of jurisdiction 18-wheelers a year added to carry the sources by providing $787 million for to act, the members of the minority cargo that currently goes through this nuclear energy research and $672 mil- have no other option. If this Congress lock, and it is about to close because lion for fossil energy research. and this administration fail to take the we’re not doing our job. That’s the Mr. Speaker, there is no more impor- bold steps necessary to address this cri- truth. And I hate it. And I have done tant mission for our country, for this sis in the near future, the people of my best, but I am only one. I need help. Congress, than preventing nuclear California will know exactly who is re- Our people need help. Our country weapons from falling into the hands of sponsible for their mounting job losses needs help. We need leadership. terrorists, and this bill provides $2.1 and economic suffering. Let’s keep the Chickamauga Lock billion for our Nation’s nuclear non- Mr. PASTOR of Arizona. Mr. Speak- open. If there’s an emergency supple- proliferation efforts at home and er, when we were doing this bill, and in mental that moves, we need to step up abroad. Why? To keep the American fact, when this bill was on the floor, we and fix this problem before the 2011 family safe. assisted, to the best of our ability, in cycle. I’m going to do everything I can. Our Nation’s communities, national terms of providing authorization and I’ve been here long enough to know economy and security are strengthened also money, and in some cases we how to cooperate, how to get it done by this bill, which is why I urge all of waived matching restrictions so that and sometimes how to keep the trains my colleagues, Republicans and Demo- we would have both the authority and from going any further until the right crats alike, to support it. the financial resources to deal with the things are done. That’s not a warning. Mr. FRELINGHUYSEN. Mr. Chair- problem. I need your help. That’s a plea. man, I am pleased to yield 3 minutes to What the previous speaker had asked Mr. PASTOR of Arizona. Mr. Chair- the gentleman from California (Mr. us to do was to waive the environ- man, this is the first time I’ve done CALVERT), a member of our committee. mental impact statements that were this bill, and I have to tell you that Mr. CALVERT. I thank the gen- required, and we did not have the abil- one of the lessons I learned is that the tleman. ity to do it, and the authorizing com- inland waterway is of great value to Mr. Speaker, the conference report mittee would not allow us to do it. So our country, and we have not paid that we are considering today address- we did not have that ability to do it. enough attention to it. So I would es a number of issues affecting the en- But we did try, and it was kept in the agree with my colleague that it’s a ergy and water infrastructure of our conference to provide the authorization problem that we need to solve. country. However, when it comes to and the financial resources to continue The Inland Waterway Trust Fund is the ongoing water crisis in California, to, in the short term, deal with the the vehicle which would construct and the conference report comes up short. water shortages in central California. maintain these locks. But at this The ongoing water crisis in Cali- At this point, I would like to yield 3 point, we haven’t been able to solve fornia has exacerbated the economic minutes to my friend and a member of

VerDate Nov 24 2008 01:01 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.046 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10429 the subcommittee, the gentleman from tions bill. This bill contains support for gram could go forward. That’s how we Colorado (Mr. SALAZAR). various projects within my district attempted to solve this problem. Hope- b 1330 that will help with the continued res- fully, that will be the result. toration and preservation of the south Mr. Speaker, at this time I’d like to Mr. SALAZAR. I want to thank the Florida ecosystem. yield 3 minutes to the distinguished chairman and ranking member for I’m pleased with the funding for the chairman of the Transportation Com- their wonderful leadership on this sub- continued restoration of the Hoover mittee, the gentleman from Massachu- committee. Dike. This earthen dike is currently setts (Mr. OLVER). I rise today to support what I con- undergoing a massive rehabilitation Mr. OLVER. Mr. Speaker, I’m proud sider to be my best legislative accom- project that will continue to ensure the to stand today in support of the fiscal plishment since I came to Congress in health and human safety of Pahokee, year 2010 Energy and Water appropria- 2004, but let me first say how impor- South Bay, Okeechobee, Belle Glade, tions conference report. I’d like to tant the investments that we are mak- Clewiston, Moore Haven, and the sur- thank Chairman PASTOR and Ranking ing in this bill are. Member FRELINGHUYSEN for their great The nearly $2.5 billion for renewable rounding communities. However, while I’m grateful to the work on this legislation, and I praise energies will play a vital role in reduc- ing carbon emissions, creating jobs, committee for its support of these them for their cooperation and biparti- and producing clean energy. I espe- projects, I must express my great dis- sanship. Because of their work and the cially want to point out the $225 mil- appointment with the Senate for strip- excellent work of our subcommittee lion included for solar energy. The ping out most of the vital construction staff, we have before us a comprehen- Third Congressional District of Colo- funding for the Indian River Lagoon. sive, fair, and targeted bill that makes rado already has some of the largest This project was originally authorized significant investments in our coun- solar farms in the world, and my con- in the 2007 Water Resources Develop- try’s future and in the goal of achiev- stituents are already recognizing the ment Act as a component of the Com- ing energy independence. They have very benefits of the solar industry. prehensive Everglades Restoration been able to do this with only a slight The $1.13 billion included for the De- Plan. increase of $200 million over last year’s partment of the Interior and the Bu- While some in the upper body argued funding level; yet these investments reau of Reclamation are so vitally im- that the Indian River Lagoon was a will build on the success of the Amer- portant to the Western United States. new project and a ‘‘new start’’ and ican Recovery and Investment and Re- As other speakers have mentioned, therefore not deserving of funding, I covery Act in developing a clean-en- water continues to be a damper to the argue it’s not a new start, as it is a ergy economy and creating more Amer- livelihood of many Westerners, and component of the overall ongoing Ever- ican jobs. this investment in our Nation’s water glades Restoration project. By cutting I’m particularly grateful that this infrastructure from dams, canals, the majority of its vital funding, we bill increases by more than 10 percent treatment plants, and rural water are only kicking the can further down the funding for the Department of En- projects is extremely important to our the road for not getting this vital ergy’s Energy Efficiency and Renew- rural citizens as they face crisis after project started. able Energy Program. This program, crisis, from Colorado all the way to It’s time for the Federal Government funded at $2.2 billion, invests in pro- California. to live up to its financial commitment ducing cleaner and more efficient en- This bill included several desperately to this project. My only hope now is ergy technologies to produce inexpen- needed dollars for rural water projects that the lagoon will receive funds, how- sive energy from domestic sources. in Colorado. The $1.75 million for the ever minimal, and our colleagues in Included are $225 million for research Jackson Gulch Rehabilitation Project the Senate will now agree that this is to harness the vast amount of solar en- in Mancos, Colorado, and the $600,000 not a new start and therefore deserves ergy reaching the Earth every day, $311 for the Platoro Reservoir in the San to be fully funded next year. million to improve vehicle and battery Luis Valley will help provide major as- Every year that goes by, however, technology, and $200 million for re- sistance to improving these rural water without adequate funding, further search into improving energy effi- districts. damage is done to our fragile eco- ciency in commercial and residential Lastly, and most importantly, I want system there in the Indian River La- buildings, which currently consume to thank the chairman and ranking goon, making recovery that much about 40 percent of our Nation’s total member and all the staff of the sub- harder. energy usage. committee for taking a step that has I’d like to thank my fellow Florida As a scientist, I’m pleased to see $4.9 not been taken for 50 years. colleagues, especially Congresswoman billion for the Office of Science’s basic The roots of the Arkansas Valley WASSERMAN SCHULTZ, for their tireless and applied science research program. Conduit stretch back to 1962, when work and support for these projects, Such investments are critical to main- President Kennedy signed the author- and the House committee for including taining America’s place as a leader in ization by Congress, which was part of funding in the original House bill. I the world economy. the Fryingpan-Arkansas Project, which look forward to continuing the good Additionally, this legislation sup- included the construction of Lake work that we have started. ports President Obama’s historic com- Pueblo. The Federal project was the Mr. PASTOR of Arizona. In response mitment to nuclear nonproliferation end result of years of work by Pueblo to the comment from my friend from by providing $2.1 billion for securing and southern Colorado leaders who Florida, all new starts in this bill—and vulnerable nuclear material. This will wanted to make better use of the re- there were a few, and the Everglades protect Americans from the risk of nu- gion’s water. got two. We have the number of 100,000, clear material falling into terrorist ‘‘This is the best news I’ve heard in a but that was to signify that a new start hands by securing stockpiles in the long time,’’ said Bob Rawlings, pub- is available for this project. By desig- former Soviet Union. The money will lisher of the Pueblo Chieftain and an nating the new start for the Ever- also improve our ability to stop nu- avid fighter for water rights in Colo- glades, that means that recovery clear and radiological materials from rado. money can be used now for the purpose being smuggled into the U.S. I am happy to say to the people of that you spoke about. Again, I strongly support this bipar- southeastern Colorado you will no Secondly, the Corps will now be able tisan legislation, and I urge my col- longer have to wait for clean drinking to reprogram moneys that now you leagues to vote ‘‘yes’’ on final passage. water. Clean drinking water is on the designated as a new start, can repro- Mr. FRELINGHUYSEN. Mr. Speaker, way. gram moneys to continue the efforts on I’m pleased to yield 2 minutes to the Mr. FRELINGHUYSEN. I yield 3 this lagoon. gentleman from Louisiana (Mr. minutes to the gentleman from Florida And so we thought that the new start SCALISE). (Mr. ROONEY). was not a cutback in money but was a Mr. SCALISE. I want to thank the Mr. ROONEY. I rise today in support vehicle that would make more money gentleman from New Jersey for yield- of the Energy and Water appropria- available so that the Everglades pro- ing.

VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.047 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10430 CONGRESSIONAL RECORD — HOUSE October 1, 2009 Mr. Speaker, I rise in opposition to was too long of a period of time to keep Engineers to calculate critical yields this conference report. There was lan- New Orleans unprotected. The cost, we on the two major basins that flow guage in this bill that was stripped in believe, would have been $3 to $4 billion through my State of Georgia and, in the conference report that would have more. particular, involve the basins them- directed the Corps of Engineers to pur- And so for that reason, we felt that, selves and the reservoirs, the largest of sue a much safer level of flood protec- in fairness, that we should continue which is Lake Lanier. tion for the New Orleans region. with the program that the Corps has Now I do not think that the gen- Our entire delegation, Republicans for New Orleans. tleman who is handling this bill or the and Democrats, were unanimous in At this time, I’d like to yield 3 min- Republican gentleman who is handling support of the language that was in the utes to the distinguished member of this bill has any intention of having bill, and the conference report stripped the subcommittee, the gentleman from this inject itself into a controversy out that language, which would have Arkansas (Mr. BERRY). that has been going on for decades in directed the Corps to pursue a much Mr. BERRY. I thank the gentleman the Federal courts and is still cur- safer option than the one they’re cur- from Arizona, and I certainly thank rently under appeal as a result of the rently pursuing. him for his leadership in getting this latest decision. Now the effect of this is If we have learned anything from the bill to this point. I appreciate the one of two things: since it directs the lessons of Katrina, it’s that the Federal ranking member and the good work Corps of Engineers to within 120 days levees that failed us before cannot be that they have both done in a very fair to calculate critical yields of the two rebuilt the same way they were the and nonpartisan way to serve this major river basins, it will either be last time that they failed. There’s too country, and also the staff of the En- used for purposes of the ongoing litiga- much taxpayer money that’s been put ergy and Water Subcommittee and tion or it will be used as an argument at stake for us to get this wrong. And what a magnificent job they have done. for why human consumption should so we much more support the option This is a very special bill to the First not be considered in the resolution of that would have actually made sure Congressional District of Arkansas. It this issue between the three States, or that the Corps gets it right for all the makes continued investment in our among the three States. money that’s being spent as opposed to flood protection ability in the oper- Now to spend Corps dollars calcu- the route that they’re choosing right ations and maintenance of our flood lating something that does not take now. protection system. It adds money for into account the right of people to Option 2a, which was the language construction where construction is drink the water that is in their State is that we would have directed the Corps needed, for investigations where inves- unrealistic, and it is a true waste of to pursue, is known as Pump to the tigations are needed and more study Federal money. I find it quite ironic River. According to the Corps’s own re- needs to be done. that the gentleman who injected this port, Pump to the River, this option 2a The Department of Energy has language into this bill just a couple of that’s being thrown out by this report, moved forward with the appropriations years ago was injecting language that is more technically advantageous than in this bill. We tried to do what we can directed the Corps not to do these the one they’re pursuing. It’s more to improve the solar energy research, kinds of studies. Isn’t it ironic how all operationally effective than the one the biofuels research, vehicle tech- of a sudden the positions have flip- the Corps is pursuing. It provides nology research, hydrogen technology, flopped? Now if you do not think that greater reliability, and, most impor- energy-efficient buildings, industrial this is an issue that involves the so- tantly, it further reduces the risk of technologies, and weatherization called water wars, I would invite you flooding. grants. All of these things are an in- to look at the press release for the gen- That’s the option that our entire vestment in the future of this country tleman who is claiming credit for in- State delegation, that our Governor’s and our ability to reduce our depend- jecting this in it, and it’s referred to as office, that all the people back home— ence on foreign oil. And that’s what the Water Wars amendment. the city of New Orleans, the parish of the committee had in mind. I think our Now I would hope that this body Jefferson—fully support; an option leadership has done a great job with all would not see fit to get involved in a that reduces the risk of flooding. these things. fight that is going to be resolved, hope- That’s what we should all support after We also make a serious investment in fully, by agreement of the Governors of what we saw happen during Hurricane electricity delivery and reliability. In the three States. My Governor has ini- Katrina; yet that language that we had the area of the science and the basic tiated an effort to try to resume those unanimous support from our delegation sciences, we have made another serious negotiations, and we have had a re- that was in the bill is now being investment. sponse from at least the State of Ala- stripped out by this conference report. I think that this is the kind of thing bama. We are hopeful that the State of We need to learn from the lessons of that the Appropriations Committee Florida will respond accordingly. Ulti- Katrina. And it’s time this administra- was created for—to make these deci- mately, I think this issue will be re- tion stopped paying lip service to our sions, make the necessary investments solved by the Governors reaching a flood protection needs and actually put in the future of this country, and con- conclusion and then bringing that con- its money where its mouth is and do tinue to build our infrastructure, pro- clusion to this body and to the other the right thing as opposed to making tect our people, and provide the oppor- body and asking for us to incorporate the same mistakes that were made in tunity for us to be successful. it into the laws of this country. the past. I urge passage of this bill. Mr. PASTOR of Arizona. Mr. Speak- We cannot afford to let them go for- Mr. FRELINGHUYSEN. Mr. Speaker, er, in reference to Mr. DEAL, it’s our ward with building an option that, by I am pleased to yield 3 minutes to the understanding that that is right, the their own admission, is much less reli- gentleman from Georgia (Mr. DEAL). language in this conference requires able in protecting the people of New two studies to determine the critical Orleans for future flooding, so I rise in b 1345 yield of the Federal projects. But we opposition. Mr. DEAL of Georgia. I thank the don’t know, first of all, what the out- Mr. PASTOR of Arizona. Mr. Speak- gentleman for yielding. I rise today un- comes are going to be, so that’s why er, in response, I have to tell you that fortunately in opposition to this con- we’re having these studies. We don’t the conferees on the House side, the ference report. I want to point out to want to get into the water wars, and House managers, were united on this this body that something has been we don’t think that the consumption front, as well as the chairman of the added in the original version from the issue is an issue that will be part of the other body’s committee. We felt that other body that injects itself into studies. Well, the language is report the alternative that was desired did something that I don’t think the House language, and this administration not provide additional protection and wants to be involved in, and that is the could do what it wants with the Corps it would have delayed the permanent water wars between Alabama, Florida of Engineers. protection of New Orleans by anywhere and Georgia. Unfortunately, there is At this time, I yield 2 minutes to the from 18 to 36 months, which we thought language here that directs the Corps of gentleman from Georgia (Mr. SCOTT).

VerDate Nov 24 2008 01:01 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.049 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10431 Mr. SCOTT of Georgia. Mr. Speaker, to be defeated. We need to go back to top priority. They’re modeled after the I come down to concur with my col- conference. We need to get this lan- old Bell Laboratories. A variety of dif- league Mr. DEAL from Georgia. The guage out. I hope that other Members ferent universities are going to be in- water situation in our State of Georgia in this body who have these impound- volved in the research. They’re going is dire. It’s a very delicate situation. ments located in their States under- to be able to collaborate and focus on We are working towards a very, very stand the consequences this language the technologies that are working, not good response for the people of Georgia could have for them if this conference focusing on just getting money so you and for our entire region. We’ve just committee report is passed in this body can have a budget for next year. So I had the court ruling. It’s very sensitive and goes to the President’s desk for hope as we continue to move, we con- there. Our major concern—and again, signing. Because if you don’t believe tinue to push, these energy hubs are this is with great respect to the chair- this isn’t going to be brought up in going to be nothing but opportunity for man. He just spoke and we concur with some of these court cases, you’re just us to get into the commercialization that as well. But we need to be very fooling yourself. So I would like to ask and continue to create jobs. careful that there is no language in the the other Members of this body to join Again, this is a good piece of legisla- reporting language or in any of the me and my colleagues in voting against tion. I want to thank the chairman. I studies that removes the words ‘‘for the conference report. would also like to thank the staff. I human consumption’’ for water. Be- Mr. PASTOR of Arizona. Mr. Speak- know a lot of work went into it. cause if the manuals are not con- er, I just want to clarify that the Corps Mr. FRELINGHUYSEN. I reserve the structed with the measurements by was wanting to do these studies, and balance of my time. using water that is used for human defeating this conference report is not Mr. PASTOR of Arizona. Mr. Speak- consumption, that shoots right into going to stop the Corps from doing er, at this time I yield 2 minutes to the our bull’s-eye because that’s why in these studies. I have committed to the distinguished gentleman from Pennsyl- metro Atlanta, in the Lake Lanier area gentleman from Georgia that we will vania (Mr. FATTAH). where the point of the discussion is, we work with him because we don’t be- Mr. FATTAH. First of all, I would use that water for human consumption. lieve that the consumption of water by like to thank the chairman, the rank- So we’re very sensitive to anything the residents of Atlanta or Georgia ing member and the professional staff that would disallow that. We are work- should play a role, and it should be a of the committee. A wonderful job has ing with the Governors of both Florida factor in these studies. been done, I think, dealing with and and Alabama, jointly with our Gov- I now yield 3 minutes to my col- grappling with the whole set of issues. ernor of Georgia, to come to a conclu- league from Ohio (Mr. RYAN). But in this $33.5 billion conference re- sion. As you all may or may not know, Mr. RYAN of Ohio. I thank the gen- port, there are some very significant the judge, when he ruled in his deci- tleman. I would like to also thank the investments and priorities, $2.2 billion sion, declared that it would be here in ranking member. This is a good con- in energy efficiency and renewable en- Congress that we would have to at ference report. This is a good piece of ergy, everything from solar to biofuels some point reauthorize the water use legislation. I think there are some and hydrogen, weatherization grants. of Lake Lanier and that region for sound investments in here. I wish some We are very, very pleased that they human consumption. So this language were more, but I think given the stim- were able to produce that as part of would make it very difficult for us. We ulus and everything, we are moving in this conference report. certainly want to concur with that. I the right direction. We send about $750 But I also want to say that on the concur with Mr. DEAL and the folks in billion a year to oil-producing coun- nuclear side, a continuing investment Georgia, and I would respectfully hope tries. A couple of years ago the Depart- by the committee, some $787 million on that our words would be taken within ment of Defense spent about $115 bil- a whole range of very important efforts the spirit of understanding that we are lion escorting big oil ships in and out related to nuclear energy so they can to deliver those words. I thank the of the Persian Gulf. We have got to get be safe and environmentally useful to chairman for yielding. away from our dependency on foreign us to continue to expand, both through Mr. FRELINGHUYSEN. Mr. Speaker, oil. We have got to get away from our the loan guarantee program but also I am pleased to yield 2 minutes to the dependency on these foreign countries through a number of other investments gentleman from Georgia (Mr. WEST- that get us into all of these political that are being made in the conference MORELAND). entanglements. report. And to deal with the Presi- Mr. WESTMORELAND. I thank the I think the investments that are dent’s commitment on nuclear non- gentleman for yielding. I want to stand made here on solar energy ($225 mil- proliferation, on the weapons side, a with my colleagues about this lan- lion), biofuels, vehicle technology, hy- $2.1 billion investment. guage that was put in the conference drogen technology, energy-efficient I think that Congressman PASTOR, committee report, and I am looking at buildings—for those of us who rep- who has led this effort, and the staff the press release now: ‘‘Conference resent manufacturing States in the have done a great job. We had a good Committee Adopts Shelby Water Wars Midwest, this green economy is oppor- process in negotiations with the Senate Amendment.’’ I just want to give a lit- tunity for us. We have manufacturing. in our conference committee, which tle warning to some other Members of We have great research and develop- wrapped up yesterday. I encourage the this because, not only would the ment institutions. This is an oppor- House to favorably report this. I thank judges’ ruling about the Tallapoosa tunity for us to revive the middle class my good friend from New Jersey, who Basin and the Chattahoochee Basin—it in the United States of America has served as the ranking Member and also mentioned that because this through these green jobs. There was a who has done an extraordinary job. drinking water was nonauthorized, and report that was just done for the Mid- This has been a bipartisan effort and is who would ever have thought we would west Governors meeting that is coming a bipartisan work product that I think have to authorize the ability for hu- up, and it says, ‘‘Regional Report En- moves the country’s priorities forward mans to have drinking water out of dorses Clean-Energy Economy for the in terms of energy and energy effi- their water source, it also is going to Midwest.’’ ciency. I recommend it to the House. affect 17 other States with approxi- ‘‘Midwestern States should use their Mr. FRELINGHUYSEN. I reserve the mately 42 Corps impoundments in their abundant natural resources and manu- balance of my time. States. facturing base to build an economy Mr. PASTOR of Arizona. Mr. Speak- If they do not believe that this will based on clean energy.’’ And we have er, I yield 1 minute to the gentleman be used as a test case and a model for the opportunity to do that if we con- from California (Mr. COSTA). others to file suit with the Endangered tinue investing in research and devel- Mr. COSTA. Mr. Speaker, I rise today Species Act or whatever for people tak- opment, especially coal. in support of the Energy and Water ing unauthorized drinking water out of There is one last point that I would conference report. By now I suspect all those water sources, they are very like to mention. I hope that next year of the Members of the House under- much confused. This bill needs to be we can continue to push these energy stand the drought crisis affecting Cali- defeated. This conference report needs hubs. Secretary Chu has made this a fornia, particularly in the heart of the

VerDate Nov 24 2008 01:01 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.051 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10432 CONGRESSIONAL RECORD — HOUSE October 1, 2009 San Joaquin Valley, a large part of my The $2.2 billion allocated to energy effi- well as others, and this report provides a good district. If this drought continues a ciency and renewable energy represents a 16 start on a downpayment toward these projects fourth, fifth year, it could impact the percent year over year increase and, in con- and others that will help the Bureau, the State entire State of California. junction with continued Title 17 Innovative Department of Water Resources and our Among many of the items in this Technology Loan Guarantee authority, will water district to move and transfer water in conference report are two amendments strengthen our energy security by accelerating California to the people and farms that need it that Congressman CARDOZA and I have our research, development and deployment of the most. been fighting hard for on behalf of our homegrown solar, biofuel, smart grid, and ad- Second, I support the clarification of the farmers, farmworkers and farm com- vanced vehicle technologies. Central Valley Project Improvement Act of munities who are at ground zero as it This legislation continues the Nation’s half 1992, which clarifies that additional restrictions relates to this drought crisis. Commu- century commitment to mitigating the environ- under the CVPIA on water transfers within cer- nities are having 30 and 40 percent un- mental impacts of contaminated military and tain areas of the Central Valley Project South employment, the most difficult situa- civilian nuclear sites by spending $6.419 bil- of Delta are not required. Several years ago, tion they’ve ever faced. In July, we of- lion for that purpose, and it provides $9.072 the Bureau of Reclamation changed its inter- fered an amendment to bring drought billion to confront the global nuclear threat, in- pretation of this statute, and began applying relief to the San Joaquin Valley by cluding $2.1 billion in support of President additional and cumbersome requirements to providing funding for two projects. The Obama’s nuclear nonproliferation initiative. water transfers within the CVP unless they 2-Gates project and the Intertie Finally, the FY 10 Energy and Water bill were within the same county. These restric- project, both of these projects were on designates $6.7 billion for the Army Corps of tions on water transfers have prevented the the back burner for years. They should Engineers and the Bureau of Reclamation for transfer of water from one area to another and have been already implemented. This priority water infrastructure, flood protection, have created an impediment to efficient and administration is moving forward to and conservation projects. In that regard, I am practical water use. This amendment would put these into construction next year. particularly pleased with the inclusion of over clarify that water transfers between Friant and The second amendment addresses im- $3 million for specific Chesapeake Bay res- South of Delta agricultural service contractors pediments to transfers. Transfers are toration initiatives of particular importance to can occur beyond county boundaries so that critical during drought conditions, my congressional district and the rest of the water districts within one county can transfer both regulatory and that by Mother Chesapeake Bay watershed. to districts outside the county. Nature. This gives the Bureau of Rec- Mr. CARDOZA. Mr. Speaker, I rise in sup- Unfortunately, the House version of the En- lamation the flexibility needed to fa- port of the FY 2010 Energy and Water Devel- cilitate, and much more needs to be ergy and Water Bill which provided for perma- opment and Related Agencies Appropriations nent clarification in the law was not included in done. Act. I would like to point out two provisions of The SPEAKER pro tempore. The this report. Instead, this language clarifying the the report that help to address the water sup- water transfer provision is limited to a 2-year time of the gentleman from California ply crisis in California’s San Joaquin Valley. has expired. period. Senator FEINSTEIN, Mr. COSTA and I California is experiencing its third consecu- will be introducing a bill to make this transfer Mr. PASTOR of Arizona. Mr. Speak- tive year of dry conditions. Our State’s water er, I yield an additional 30 seconds to amendment permanent, and we look forward supply outlook is further exacerbated by the to bringing something to the floor in a short the gentleman. ‘‘regulatory drought’’ that has resulted from Mr. COSTA. I thank the gentleman period of time. agency regulatory actions. The Endangered from Arizona. This gives the flexibility Mr. PASTOR of Arizona. Mr. Speak- Species Act in particular has proven to be a for the Bureau of Reclamation to fa- er, I yield back the balance of my time. regulatory hammer, preventing water convey- cilitate these water transfers. This The SPEAKER pro tempore. Pursu- ance, transfers, and storage, even when water year, we transferred over 6,000-acre-feet ant to House Resolution 788, the pre- supplies have been plentiful. The Departments of water that was a critical lifeline. vious question is ordered. of the Interior and Commerce developed new Much more needs to be done. I urge my The question is on the conference re- Biological Opinions to protect Delta smelt and colleagues to support these two amend- port. salmonid species, respectively. These deci- ments in this conference report. I Pursuant to clause 10 of rule XX, the sions have resulted in significant restrictions thank the gentleman from Arizona for yeas and nays are ordered. on pumping water out of the Delta. These cuts his support in these efforts. The vote was taken by electronic de- were in addition to the many previous cuts Mr. FRELINGHUYSEN. I am pre- vice, and there were—yeas 308, nays that had already been imposed, including the pared to yield back the balance of my 114, not voting 10, as follows: time, Mr. Speaker. Bay Delta Accord, the Central Valley Project Improvement Act and other actions. [Roll No. 752] b 1400 The combination of the drought and the reg- YEAS—308 Mr. PASTOR of Arizona. Mr. Speak- ulatory drought has resulted in dangerously Abercrombie Buchanan Davis (TN) er, Tom Bevill used to describe this bill low reservoirs and a 10 percent water alloca- Ackerman Butterfield DeFazio Aderholt Camp DeGette as the ‘‘all-American bill’’ because it tion to farmers on California’s westside. Over Akin Cao Delahunt meets the needs of America. I urge my 400,000 acres of some of the world’s most Alexander Capito DeLauro colleagues to support it. productive farmland have been fallowed, re- Altmire Capps Dent sulting in devastating job losses and high un- Arcuri Cardoza Diaz-Balart, L. Mr. VAN HOLLEN. Mr. Speaker, I rise in Austria Carnahan Diaz-Balart, M. support of the FY 10 Energy and Water Ap- employment—as much as 40 percent in some Baca Carson (IN) Dicks propriations Conference Report, and I com- cities on the westside. Bachus Cassidy Dingell mend Chairman PASTOR and Ranking Member It is crucial that the State of California and Baldwin Castle Doggett Bean Castor (FL) Donnelly (IN) FRELINGHUYSEN for bringing this bipartisan leg- the Federal Government build new storage fa- Becerra Chandler Doyle islation to the floor today. cilities and that we develop a better convey- Berkley Childers Dreier The FY 10 Energy and Water Appropria- ance and water management system. In the Berman Chu Driehaus tions bill makes key investments that will drive meantime, it is important for the Departments Berry Clarke Edwards (MD) Biggert Clay Edwards (TX) American innovation, enhance our energy se- to development programs that allow for flexi- Bilbray Cleaver Ehlers curity, clean up our environment, reduce the bility as a means of achieving greater water Bishop (NY) Clyburn Ellison threat of nuclear weapons and support our supply. There are two provisions that Mr. Blumenauer Cohen Ellsworth Boccieri Connolly (VA) Engel OSTA water infrastructure. C and I added to the House Energy and Bonner Conyers Eshoo The conference report provides $4.9 billion Water Appropriations bill that do just that. Boren Cooper Etheridge to the Department of Energy’s Office of First, the $40 million in CALFED funding Boswell Costa Farr Science, $1.6 billion for basic energy sciences provides the Bureau of Reclamation with the Boucher Costello Fattah Boustany Courtney Filner and $2.4 billion for applied research. These flexibility to use these funds to help fund cru- Boyd Crowley Fleming funding levels, when added to last year’s ap- cial projects, such as the Two Gates Project Brady (PA) Cuellar Forbes propriations and this year’s stimulus bill, ex- and the Intertie Project, which will help relieve Braley (IA) Cummings Fortenberry ceed the goals of the America COMPETES some of the pressure on the water supply in Bright Dahlkemper Foster Brown, Corrine Davis (AL) Frank (MA) Act and meaningfully advance our Nation’s in- the San Joaquin Valley of California. More Brown-Waite, Davis (CA) Frelinghuysen novation agenda. funding is needed for these two projects as Ginny Davis (IL) Fudge

VerDate Nov 24 2008 01:01 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.053 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10433 Gerlach Lungren, Daniel Rush McHenry Petri Scott (GA) Mr. HOYER. I thank the gentleman Giffords E. Ryan (OH) McKeon Pitts Sensenbrenner for yielding. Gonzalez Lynch Salazar Mica Platts Sessions Gordon (TN) Maffei Sa´ nchez, Linda Miller (FL) Poe (TX) Shadegg On Monday the House will not be in Granger Markey (CO) T. Miller, Gary Posey Shimkus session. On Tuesday the House will Grayson Markey (MA) Sanchez, Loretta Moran (KS) Price (GA) Smith (NE) meet at 12:30 p.m. for morning-hour de- Green, Al Massa Sarbanes Myrick Putnam Smith (TX) bate and 2 p.m. for legislative business, Green, Gene Matsui Schakowsky Nunes Radanovich Sullivan Griffith McCarthy (NY) Schauer Nye Roe (TN) Tiahrt with votes postponed until 6:30. On Grijalva McCollum Schiff Olson Roskam Walden Wednesday and Thursday the House Guthrie McCotter Schock Paul Royce Westmoreland will meet at 10 a.m. for legislative McDermott Schrader Paulsen Ryan (WI) Wilson (SC) Gutierrez business. On Friday there are no votes Hall (NY) McGovern Schwartz Pence Scalise Young (AK) McIntyre Scott (VA) expected. Hall (TX) NOT VOTING—10 Halvorson McMahon Serrano We will consider several bills under Hare McMorris Sestak Adler (NJ) Maloney Schmidt suspension of the rules. The complete Rodgers Shea-Porter Barrett (SC) McCarthy (CA) Harman Whitfield list of suspension bills, as is the cus- Harper McNerney Sherman Capuano Neugebauer Hastings (FL) Meek (FL) Shuler Carney Pascrell tom, will be announced by the close of Meeks (NY) Shuster Hastings (WA) b 1427 business tomorrow. In addition to the Heinrich Melancon Simpson suspension bills, we will consider H.R. Herger Michaud Sires Miller (MI) Skelton Messrs. SULLIVAN, BARROW and 2442, the Bay Area Regional Water Re- Herseth Sandlin POE of Texas changed their vote from Higgins Miller (NC) Slaughter cycling Program Expansion Act of 2009, Hill Miller, George Smith (NJ) ‘‘yea’’ to ‘‘nay.’’ the conference report on H.R. 2997, the Himes Minnick Smith (WA) Messrs. TURNER and PRICE of Mitchell Snyder Agricultural, Rural Development, Food Hinchey North Carolina changed their vote Hinojosa Mollohan Souder and Drug Administration and Related Hirono Moore (KS) Space from ‘‘nay’’ to ‘‘yea.’’ Agencies Appropriations Act of 2010, Moore (WI) Speier Hodes So the conference report was agreed Moran (VA) Spratt and the conference report on H.R. 2892, Holden Murphy (CT) Stark to. the Department of Homeland Security Holt Murphy (NY) Stearns The result of the vote was announced Honda Appropriations Act of 2010. Murphy, Patrick Stupak Hoyer as above recorded. Mr. CANTOR. I thank the gentleman. Murphy, Tim Sutton Inslee A motion to reconsider was laid on Murtha Tanner Mr. Speaker, I’d ask the gentleman if Israel Nadler (NY) Taylor the table. we could turn to the discussion of Jackson (IL) Napolitano Teague Jackson-Lee f health care, and as the gentleman Neal (MA) Terry (TX) knows, he and I have had discussions Oberstar Thompson (CA) PERSONAL EXPLANATION Johnson (GA) Obey Thompson (MS) this week, perhaps, I think, a discus- Johnson, E. B. Olver Thompson (PA) Mr. PASCRELL. Madam Speaker, I sion that could yield the ability for us Jones Ortiz Thornberry want to state for the RECORD that I to work together on the things that we Kagen Pallone Tiberi Kaptur missed four rollcall votes. Unfortu- agree on in health care. Obviously, the Pastor (AZ) Tierney nately I missed these votes because I Kennedy Payne Titus divide is great when talking about any Kildee Perlmutter Tonko was in my district attending the fu- type of move towards a government Kilpatrick (MI) Perriello Towns neral of my sister-in-law Barbara Kilroy takeover of health care. But he and I Peters Tsongas Gamero who recently passed away this King (NY) Peterson Turner have spoken about maybe there are Kirk Pingree (ME) Upton last Tuesday at the age of 73. Had I some areas of agreement. And he and I Kirkpatrick (AZ) Polis (CO) Van Hollen been present I would have voted ‘‘yea’’ have also talked about the fact that we Kissell Pomeroy Vela´ zquez on rollcall votes 749, 750, 751 and 752. Klein (FL) Price (NC) Visclosky could meet together and discuss that, Kosmas Quigley Walz f and I look forward to hearing from him Kratovil Rahall Wamp COMMENDING HOMELAND SECU- or his office to schedule that. And Lance Rangel Wasserman along those lines, I’d like to ask the Langevin Rehberg Schultz RITY DEPARTMENT EMPLOYEES Larsen (WA) Reichert Waters AND ANTI-TERRORISM PART- gentleman what he expects the sched- Larson (CT) Reyes Watson NERS ule to be towards bringing a health Latham Richardson Watt care bill to the floor of this House. LaTourette Rodriguez Waxman The SPEAKER pro tempore (Mr. Mr. HOYER. First of all, let me say Lee (CA) Rogers (AL) Weiner KRATOVIL). The unfinished business is Lee (NY) Rogers (KY) Welch that, as far as I know, we have no Levin Rogers (MI) Wexler the question on suspending the rules premise that we want to pursue of a Lipinski Rohrabacher Wilson (OH) and agreeing to the resolution, H. Res. government takeover of health care, so LoBiondo Rooney Wittman 731. notwithstanding the characterization, Loebsack Ros-Lehtinen Wolf The Clerk read the title of the resolu- Lofgren, Zoe Ross Woolsey we don’t believe that what’s being pro- Lowey Rothman (NJ) Wu tion. posed does that, any more than Medi- Luetkemeyer Roybal-Allard Yarmuth The SPEAKER pro tempore. The care, from our perspective, was a take- Luja´ n Ruppersberger Young (FL) question is on the motion offered by over of the health care system. Having the gentlewoman from New York (Ms. NAYS—114 said that, we are working, as you CLARKE) that the House suspend the Andrews Coble Issa know, as the press is reporting, on see- Bachmann Coffman (CO) Jenkins rules and agree to the resolution, H. ing what alternatives are available. Baird Cole Johnson (IL) Res. 731. There are three committee bills that Barrow Conaway Johnson, Sam The question was taken; and (two- have been reported out of the Energy Bartlett Crenshaw Jordan (OH) thirds being in the affirmative) the Barton (TX) Culberson Kanjorski and Commerce Committee, had full Bilirakis Davis (KY) Kind rules were suspended and the resolu- markups, Ways and Means Committee, Bishop (GA) Deal (GA) King (IA) tion was agreed to. and the Education and Labor Com- Bishop (UT) Duncan Kingston A motion to reconsider was laid on Blackburn Emerson Kline (MN) mittee. As you know, they differ in Blunt Fallin Kucinich the table. part, and so there are now discussions Boehner Flake Lamborn f as to how you meld those bills together Bono Mack Foxx Latta with the theory and intention of offer- Boozman Franks (AZ) Lewis (CA) b 1430 Brady (TX) Gallegly Lewis (GA) ing a bill from those three bills. Broun (GA) Garrett (NJ) Linder LEGISLATIVE PROGRAM We would expect the Rules Com- Brown (SC) Gingrey (GA) Lucas (Mr. CANTOR asked and was given mittee, at some point in time, to effect Burgess Gohmert Lummis Burton (IN) Goodlatte Mack permission to address the House for 1 that objective, as has been done in the Buyer Graves Manzullo minute.) past. Our expectation is that we will do Calvert Heller Marchant Mr. CANTOR. Mr. Speaker, I yield to that within the time frame that we’re Campbell Hensarling Marshall the gentleman from Maryland, the ma- able to do it; that is to say, there’s not Cantor Hoekstra Matheson Carter Hunter McCaul jority leader, for the purpose of an- yet a resolution of how that is accom- Chaffetz Inglis McClintock nouncing next week’s schedule. plished, so we don’t have a time frame.

VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A01OC7.011 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10434 CONGRESSIONAL RECORD — HOUSE October 1, 2009 And we haven’t set a time frame, but The gentleman had indicated last time est possible sanctions internationally, we will do it when it’s possible to put we were engaged in a colloquy that he as well as our own sanctions. forward. was going to meet with Chairman BER- Mr. CANTOR. I thank the gentleman. Lastly, I would say to the gentleman, MAN of the Foreign Affairs Committee And I would only add that I believe I’m he and I talked earlier this week, as he about moving that bill and bringing it speaking for our conference here in in- pointed out, and I look forward to sit- to the floor. So I would ask the gen- dicating that it’s not necessarily what ting down with him next week to see if tleman if he could tell us when we we would do in terms of trying to wait there are areas where we can agree. If could expect that bill to come to the for China and Russia to move the bill. there are, we’d like to do that. And I floor. I’m not saying the gentleman said think the gentleman has expressed his Mr. HOYER. Since I made that rep- that, but it sounded as if we’ve got to desire to do so as well. On the other resentation, I have, in fact, met with wait until there is some collective hand, as we know, there are areas of both not only Mr. BERMAN, the chair- agreement on the world stage in order substantial disagreement. It’s cer- man of the Foreign Affairs Committee, for Congress to act. As the gentleman tainly not our view that we can start but also Mr. FRANK, the chairman of and I have agreed for a long time now, over again. It is our view that this the Financial Services Committee. As we, in this country, believe very matter has had over 90 hearings over the gentleman knows, there are two strongly of standing up against the re- the last couple of years; that we’ve had sanctions bills. One is Chairman gime in Iran. It has an impact on our over 2,000 town meetings on this, and FRANK’s bill, which passed the House allies across that region in the world we’ve been really at this for about over overwhelmingly last year, and provides and particularly for us here at home. a year now, with very substantial dis- authority to State and local govern- So I would encourage the gentleman by cussions during the Presidential cam- ments to divest their assets from any telling him that our side stands ready paign from all candidates on both sides company that invests $20 million or to want to help with moving that bill. of the aisle, as to the fact that health more in Iran’s energy sector. That is Mr. HOYER. If the gentleman would care reform was necessary, and we be- not as consequential, obviously, as Mr. yield, I appreciate that, and I am con- lieve the overwhelming majority of the BERMAN’s bill. Mr. BERMAN’s bill, as fident that, as the gentleman points American people believe that. Obvi- you know, requires any foreign entities out, that we will move ahead in a bi- ously, the details are the critical issue, that sell refined petroleum to Iran or partisan and overwhelming fashion on and I look forward to pursuing discus- otherwise assist such sales to be this bill. But I want to make it very sions next week with the gentleman. banned from doing business in the clear: We don’t have to wait for any- Mr. CANTOR. I thank the gentleman. United States. Obviously, that has real body. Having said that, the judgment And Mr. Speaker, I’d ask the gen- teeth to it. of the chairman, in concert with the tleman further as to the timing of a As the gentleman also knows, Octo- administration, is that we do want to bill. I understand that he’s indicated ber 1, discussions are underway with see what developments occur in the that there is no resolution as to ex- Iran for the first time in a long time. very near term. And I think that’s actly when a bill would come to the Furthermore, significantly, the admin- what I meant. Hopefully that’s what I floor. istration is working with our allies, said. The gentleman’s accurate; we Mr. HOYER. If the gentleman will certainly with, as the gentleman don’t have to wait, certainly for Russia yield. knows, with Britain and France, but or China or for anybody else, to take Mr. CANTOR. I yield. also engaged with Germany as well, the action we deem to be appropriate. Mr. HOYER. I do not expect a bill to and with Russia and with China, mem- Mr. CANTOR. I thank the gentleman. be on the floor within the next 2 weeks, bers of the P–5 plus 1, essentially, Mr. Speaker, as the gentleman if that’s what the gentleman’s asking. members of the Security Council plus knows, there is a very important de- I think we’ll have time to have discus- Germany, on how we might respond to bate occurring in our country right sions. what the world has viewed as a viola- now regarding our position towards the Mr. CANTOR. I thank the gentleman tion of the U.N. resolutions and what commitment we’ve made in Afghani- because I was going to ask about the Iran has been doing. The gentleman stan. And it’s clear that the Repub- Speaker’s commitment prior. So I and I share a view that Iran’s process is licans believe, as I’m sure the gen- thank the gentleman for that. unacceptable, that Iran’s pursuing of tleman does, that this Congress must Mr. HOYER. If the gentleman would nuclear armed capability, weapons ca- be devoting attention to this impor- yield, because I think probably—to pability is unacceptable and dangerous tant issue as it relates to the national complete the answer—the Speaker and to the region and to the international security of the United States and our I are both committed to giving sub- community. interests in that arena, as well as stantial notice, not only of the bill, The administration shares that view, abroad. And I’d like to ask the gen- when a bill is put together, but also of and therefore, with respect to Mr. BER- tleman, Mr. Speaker, whether he, in any manager’s amendment which may MAN’s resolution, we are in contact his leadership, will call on General effect the resolution between the three with the administration, and Mr. BER- McChrystal to testify before Congress committee documents. It is our expec- MAN is prepared to bring that forward as soon as possible. And I’d note, as the tation that there would be at least 72 at a time when, based upon whatever gentleman well knows, that Chairman hours for either the bill and the man- may occur in the next week—I don’t SKELTON has been reported to have ager’s amendment or, if they are sepa- want to put a time frame on it—a week made such requests of his leadership. rate, 72 hours for each. or two, that might indicate that we Mr. HOYER. As the gentleman prob- Mr. CANTOR. I thank the gentleman. could get a broader international ably knows, I have also indicated I Mr. Speaker, as to the scheduling of toughening of sanctions that now exist, thought General McChrystal ought to a bill dealing with sanctions on Iran, with the agreement, particularly of come to the Congress and testify, not we’ve had discussions together on the Russia. As you know, President only before the committees, but per- floor and elsewhere regarding the Iran Medvedev has made some pretty strong haps brief a bipartisan session. I don’t Refined Petroleum Sanctions Act. And statements about Qom and the findings mean an address to it, but a bipartisan Mr. Speaker, I’d say to the gentleman, there, and what he believes to be Iran’s briefing, either in the Armed Services now, in particular, I think time is of failure to keep the world informed and Committee or on the floor here or in the essence that we act because, as we concern about what Iran is doing, the auditorium. I think that’s appro- have seen over the last 10 days, Iran re- which was a positive sign. priate. As the gentleman knows, the vealing its secret enrichment program, But with those considerations in President has been involved in very ex- indicating, yet again, that the regime mind, I know that Mr. BERMAN is very tensive consultation with the Cabinet in that country refuses to comply with focused on this and ready to bring a members that deal with the national international law or the will of the resolution to the floor at a time he be- security issues, including Chairman of world community. lieves is consistent with the adminis- the Joint Chiefs, Admiral Mike Mullen; So it is my sense that we should, and tration’s trying to attain, with the General Jones, the National Security we can work together on this issue. international community, the strong- Advisor; Secretary Clinton; the Vice

VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.058 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10435 President and others who are dealing I yield. end of the 8 years of the Clinton admin- with this issue. Mr. HOYER. I thank the gentleman istration, and a reduction in spending As you know, there has been no spe- for yielding. which you doubled in terms of percent- cific request directed to the Congress And he’s correct: we do have a dif- age, 3.5 under the Clinton years and 7 at this point in time, either by General ferent perspective on this. Of course, percent under President Bush’s years. McChrystal, Secretary Gates, or the the gentleman supported economic So, yes, we have a difference of opin- President, so that it may well be an policies in 2001 and 2003 that of course ion. issue of timing as to when they’re produced the worst job performance of We think we have pursued vigorously ready to come to the Congress to lay any administration since Herbert Hoo- policies to create jobs, create economic out the specific plans that they believe ver. We lost 3.1 million jobs in the last stability, create growth in our econ- we ought to pursue. But I think that 14 months of the Bush administration, omy, and we think it’s working. everyone shares the conviction that lost an average of 680,000 jobs during Mr. CANTOR. I thank the gentleman. this is a critical issue with which the the last 3 months of the administration I would say in response, I, nor most Congress is going to deal, and that that President Obama was faced with. of my conference, was not here in 1993 General McChrystal, who is the com- We acted decisively and boldly, in my on that vote. mander on the ground in Afghanistan, opinion, under the President’s leader- I would simply say to the gentleman, as he knows, in the stimulus debate needs to come before the Congress and ship. In point of fact, we reduced the and on down through the rest—cap- give us his best judgment as to how we average of some 680,000 in the last 3 and-trade, the health care, the budget can be successful. months of the Bush administration to, debate—the proposals that we are of- Mr. CANTOR. I thank the gentleman. over the last 3 months, 350,000 and only And I know it’s just been reported that fering, especially as he refers to in the 216,000 jobs lost. I say ‘‘only.’’ That re- economic arena, are not the same poli- in the Senate there was an amendment lates to 741,000 jobs lost the last month offered by Senator MCCAIN on this very cies. We have proffered an agenda of the Bush administration. That is a which speaks to small businesses. point, requiring there to be some testi- half a million fewer jobs. It’s not where mony by General McChrystal before And, Mr. Speaker, I would say I don’t we want to be, but it is certainly a lot think it is necessarily a constructive Congress by a date certain. And I’m better. route to take for us to say who was told that that amendment went down Many economists in our party and, worse because none of us, as the gen- on a party-line vote. So I would just frankly, in your party, Mr. Zandi we tleman suggests, likes the fact that tell the gentleman, again, that our side refer to, estimate that we have over a we’ve lost 21⁄2 million jobs in the last 8 believes it’s very important, as I know million jobs more than we would have months. And if you ask the small busi- he does, in terms of our national secu- had had we not passed the Recovery ness people in our districts if they rity and Congress’ role that General and Reinvestment Act. There has been think things are better, I think there’s McChrystal be before us so that we can a 1.3 percent rise in consumer spending pretty much unanimity that small be informed and conduct our constitu- in August. It was the biggest increase businesses are having difficulties still tional duty as such. since the 2.8 surge in October of 2001. keeping the lights on, maintaining b 1445 The Labor Department released a re- payroll. If I could, Mr. Speaker, turn to the port last week showing that during the Something is amiss. We’ve got to be question of jobs. previous week, the number of newly focusing on how we can expand the op- We have a running debate, the gen- laid-off workers seeking unemploy- portunity for those small businesses to tleman and I and others, as to the ef- ment benefits fell for the third straight grow again. It’s very central to the fectiveness of the stimulus bill. And as week, evidence that layoffs are con- idea of getting the capital markets we all know, back in January it was re- tinuing to ease at the earliest stages of straight, of getting our fiscal house in ported that that bill would arrest the the economic recovery. order. I am very troubled by the bills rise of unemployment. In fact, the goal Without going into a lot more statis- that are coming along in the Financial was set that unemployment would not tics, we do have a substantive dif- Services Committee, the Consumer Fi- nancial Protection Agency, yet more overreach beyond 81⁄2 percent. We know ference as to whether or not our econ- in this country now we’re just under 10 omy is getting better. The good news, attempts by the majority to impose percent unemployment nationally. from my perspective, is most econo- the will of Washington on the entre- I feel very strongly, Mr. Speaker, mists agree with us that we’ve bot- preneurs across this country, restrict- that we should be focusing on this tomed out and we’re starting to come ing ultimately their ability to access economy while we’re trying to deal up. We’re going to have unemployment credit. with so many other issues. And it has figures tomorrow that will be an- You know, we do have differences, been some time now where we have nounced. Hopefully, they’re down even Mr. Speaker. I am just hopeful that we missed the opportunity on this floor to further. can find a way to work together to pro- bring up bills that have to do with job The stock market, I will tell my mote jobs. creation. friend, in the Recovery and Reinvest- With that, Mr. Speaker, I thank the If we look at some of the evidence of ment he thinks hasn’t worked is up gentleman very much for his time. the stimulus bill, it is the contention from about 7,200–7,300 up to about 9,700. f of our side that that bill has not ful- I will tell you that every American HOUR OF MEETING ON TOMORROW filled its mission. We could go through that opens their 401(k) or retirement Mr. HOYER. Mr. Speaker, I ask any list of expenditures that we have plan thinks that progress has been unanimous consent that when the noted in the press and elsewhere, where made. I know I do when I open mine. I House adjourns today, it adjourn to you have got $2.8 million to fight forest am very pleased to see that. meet at 10 a.m. tomorrow; and, further, fires in the District of Columbia; you So we do differ. We differ not only on when the House adjourns on that day, have $3.4 million to help turtles cross the success of the economic plan that it adjourn to meet at 12:30 p.m. on the road in Florida. These are the was pursued for 8 years that led to the Tuesday, October 6, 2009, for morning- kinds of items that, frankly, rob the deepest recession that we have had in hour debate. public of their confidence in what we 75 years. The SPEAKER pro tempore. Is there do. But the gentleman stands and asked objection to the request of the gen- So I would ask the gentleman, is me a question about adopting more of tleman from Maryland? there any effort, is there any hope that those policies, and with all due respect, There was no objection. we may perhaps have some construc- my friend, we didn’t think those poli- f tive debate around the rest of the stim- cies were going to work, we don’t think ulus money and perhaps orient that to- they did work, and, in fact, the policies THE STIMULUS PACKAGE HAS wards job creation, sustainable job cre- that your party voted against to a per- BEEN PRODUCTIVE ation and growth in the economy? Be- son in 1993 produced exactly the oppo- (Mr. YARMUTH asked and was given cause after all, I think that’s what all site results: high employment, low permission to address the House for 1 of us are after. deficits; in fact, a net surplus at the minute.)

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.059 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10436 CONGRESSIONAL RECORD — HOUSE October 1, 2009 Mr. YARMUTH. Mr. Speaker, we just been more than 100 days since my minute and to revise and extend his re- had a question raised as to the effec- friend and colleague, Representative marks.) tiveness of the stimulus package in ROY BLUNT, the point man for the ru- Mr. COHEN. Mr. Speaker, this week creating jobs. Well, I know that Mr. mored Republican alternative health in Congress will be ending, and I have CANTOR from Virginia tries to criticize reform plan, said, I guarantee you we some interesting experiences to relate. the package for not being productive, will provide you with a bill. In Transportation Committee today, but you can’t convince the members of Even Louisiana Republican Governor we had a hearing, and one of our my district of that. Bobby Jindal urged his party Tuesday former Members is now the Secretary In my district alone, according to the to work with Democrats to offer health of Transportation, Ray LaHood, a Re- school district, 150 teaching jobs were care solutions. publican member from Illinois. Sec- saved; we are beginning construction The time to act on health insurance retary LaHood reported to the com- on a new facility for our transit sys- reform is now. We must act to offer the mittee that the ARRA is working, that tem, putting 80 new jobs on the street. choice of affordable quality health care much of the money has been spent or Most importantly, we had an an- to all Americans putting you and your utilized in plans by State governments nouncement from GE, General Electric doctor, not the insurance companies, in and that lots of employment has been appliance park, that they are moving a charge of your health care while we re- made on building of roads and bridges unit back from China building revolu- duce the problem of ballooning health and airport improvements and on rail tionary environmentally advanced care costs on American families, busi- programs around the country, that water heaters creating more than 400 nesses, and our fiscal future. people are going back to work. new jobs in my district. That’s the re- ‘‘No’’ is not a solution. Saying you I also have an opportunity on Tues- sult of stimulus money being used for support reform with no evidence of day to attend the National Institutes an incentive. that support and no plan just doesn’t of Health for a briefing, which I plan to And, finally, we’ve seen housing cut it. Continuing to say ‘‘no’’ to re- do with other colleagues. President gains for the first time in a year of 10 form leaves tens of millions of Ameri- Obama announced that $5 billion has percent in both July and August due to cans without health insurance, and been spent on cancer research through the first-time homebuyers’ credit that 45,000 Americans die every year be- NIH. I offered an amendment to the was part of that stimulus package. cause of this. ARRA in the House for a $10 billion im- So when the American people wonder Our friends on the other side of the provement. That didn’t make it whether that stimulus package, which aisle can’t run away from the fact that through the House, but a similar pro- is still in its infant stages—20 percent, they have no plan. posal made it through the Senate. It The time to act on health insurance at most, of the money’s gone out—you will be interesting to see where those reform is now. can look at Louisville, Kentucky, and moneys are creating jobs and finding I’ll give you evidence that the stimulus f cures for cancer and other catastrophic package is working and creating jobs. COAL IS NEEDED illnesses like Parkinson’s, diabetes, and Alzheimer’s. f (Mr. DUNCAN asked and was given The ARRA is working. THE POST-9/11 GI BILL permission to address the House for 1 minute and to revise and extend his re- f (Mr. REHBERG asked and was given marks.) b 1500 permission to address the House for 1 Mr. DUNCAN. Mr. Speaker, Bjorn PROTECT OUR CULTURAL minute.) Lomborg, one of the world’s leading en- HERITAGE Mr. REHBERG. Mr. Speaker, the vironmentalists, wrote in Monday’s most important domestic policy fol- Washington Post these words: (Mr. CAO asked and was given per- lowing World War II was the GI Bill ‘‘Today, coal accounts for almost mission to address the House for 1 which paid for the education of the half of the planet’s electricity supply, minute and to revise and extend his re- brave men and women who served in including half the power consumed in marks.) the name of freedom. the United States. It keeps hospitals Mr. CAO. Mr. Speaker, for many im- Montana has some of the best col- and core infrastructure running, pro- migrant families like mine, the strug- leges and universities in the country; vides warmth and light in winter, and gle to preserve our culture and herit- but for some returning soldiers, a tra- makes lifesaving air-conditioning age and to contribute to the rich cul- ditional campus isn’t the best fit. The available in summer. In China and tural fabric of our Nation assumes cen- post-9/11 GI Bill provided flexibility for India, where coal accounts for more ter stage. We make efforts to ensure, soldiers who wanted to take advantage than 80 percent of power generation, it for example, that our children speak of distance education benefits. has helped to lift hundreds of millions their native language and are familiar Currently, five of the 10 colleges with of people out of poverty. with their customs and traditions. the highest veteran populations are ‘‘There is no doubt that coal is caus- One of the tools most often used by colleges that are entirely online or ing environmental damage that we immigrant communities is multimedia have significant online course loads. need to stop. But a clumsy, radical halt through which cultural traditions are While veterans may receive funds to to our coal use—which is what prom- exhibited and transmitted. In the Viet- pay for tuition, fees, and books, dis- ises of drastic carbon cuts require— namese American community, for ex- tance learners are ineligible for living would mean depriving billions of people ample, music and videos produced and expenses. of a path to prosperity. distributed throughout the United I’ve introduced the Veterans Dis- ‘‘To put it bluntly: despite their good States have cultivated and instilled in tance Education Benefits Act, which intentions, the activists, lobbyists and the minds of our children the love and reimburses soldiers’ living expenses so politicians making a last-ditch push respect for the heritage of their par- they can focus on their education. I en- for hugely expensive carbon-cut prom- ents and grandparents. courage my colleagues to join me in ises could easily end up doing hundreds Unfortunately, organizations that sponsoring this important legislation of times more damage to the planet produce these cultural expressions are so we can get it passed quickly. than coal ever could.’’ being forced to close their doors due to f I wish we would heed those words of significant financial losses from copy- this environmentalist because if we right infringement both here and OVER 100 DAYS WAITING FOR A drastically cut back on coal, we’re abroad. Often, these organizations have REPUBLICAN PLAN going to hurt millions of poor people in lesser means and cannot survive this (Ms. WASSERMAN SCHULTZ asked the process. theft. and was given permission to address f Today, I call my upon my colleagues the House for 1 minute and to revise in Congress to join me in tough over- and extend her remarks.) ARRA IS WORKING sight of the Federal agencies respon- Ms. WASSERMAN SCHULTZ. Mr. (Mr. COHEN asked and was given per- sible for prosecuting copyright in- Speaker, I rise today because it has mission to address the House for 1 fringement because enforcing these

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.061 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10437 laws is critical for the survival of our people that those with Down syndrome uary 6, 2009, and under a previous order cultural diversity. do lead productive lives, and they de- of the House, the following Members f serve to be commended. will be recognized for 5 minutes each. HEALTH CARE REFORM f f (Ms. DELAURO asked and was given POLANSKI EXTRADITION IT’S TIME FOR MORAL permission to address the House for 1 (Mr. DANIEL E. LUNGREN of Cali- LEADERSHIP IN AFGHANISTAN minute and to revise and extend her re- fornia asked and was given permission The SPEAKER pro tempore. Under a marks.) to address the House for 1 minute and previous order of the House, the gentle- Ms. DELAURO. Mr. Speaker, every- to revise and extend his remarks.) woman from California (Ms. WOOLSEY) one here knows that we have spent the Mr. DANIEL E. LUNGREN of Cali- is recognized for 5 minutes. past several months working to craft fornia. Mr. Speaker, the laws of the Ms. WOOLSEY. Mr. Speaker, Presi- legislation that will bring much-needed United States should stand for all. No dent Obama has often said that Amer- health insurance reform to the Amer- one is above the law, whether it is the ica must restore its moral leadership in ican people. Costs and premiums are criminal laws or the extradition laws. the world. He took a very important spiraling out of control, and more and That’s why I ponder why some of the step toward doing that last week when more families, working families, are elites in Hollywood are now telling us he spoke at the United Nations. In his being priced out of health insurance. that Roman Polanski should not be speech, the President called for a new While Democrats have debated the subject to the laws of the United era of engagement and diplomacy. He best way to produce a reform package States, the State of California or the called for international cooperation to that will cut costs and ensure quality international law that recognizes ex- address such critically important tradition. and affordability, our colleagues across issues as nuclear nonproliferation, cli- What is it that suggests that fame the aisle have been playing hooky with mate change and economic recovery. excuses criminal conduct? What is it He also spoke about banning the use of their responsibilities to the American that allows some people in our society public. torture and his decision to close Guan- to say that a rape is not really a rape, tanamo as examples of America’s new It has been over 100 days now since or to suggest that because someone is a Congressman BLUNT told us his party desire to abide by the rule of law. great film director that therefore they I welcome the President’s words. would be offering an alternative health ought not to be brought to the bar of reform bill. We’ve heard nothing yet. They show that President Obama is justice? committed to peace and human rights. Representative CANTOR recently sug- Thirty some years ago in the State of gested to a constituent that she find Those are the foundations of moral California, a crime was committed. leadership. But now the President is ‘‘charity care’’ for an unemployed fam- Thirty years ago, someone admitted to facing the greatest test of his moral ily member in need of surgery. Find a that crime, and 30 some years ago, that leadership as he reviews his strategy in charity? Is that the full extent of Re- person did not show up when his sen- Afghanistan. publican health care reform? tence was to be given to him. And now The generals are urging him to pour So I ask again, where is the GOP plan it is time for the laws of the State of in more troops. I’m sure there are oth- for health insurance reform? Or is it California and the United States and ers who are telling him to escalate the just to maintain the status quo? international law to be followed. fighting just so he can look ‘‘tough on f Mr. Polanski should come home, and terrorism.’’ But as the President he should meet his justice. IN PRAISE OF THE ‘‘BUDDY makes his next decisions about Afghan- WALK’’ f istan, I would urge him to make the tough choices. I would urge him to base (Mr. THOMPSON of Pennsylvania AMERICAN TROOPS IN AFGHANI- his decision-making on the following asked and was given permission to ad- STAN: COMMIT 100 PERCENT OR facts: the American people do not be- dress the House for 1 minute and to re- GET THEM OUT lieve the war in Afghanistan is worth vise and extend his remarks.) (Mr. GOHMERT asked and was given fighting and want to draw down the Mr. THOMPSON of Pennsylvania. permission to address the House for 1 numbers of troops there. Sending in Mr. Speaker, I rise today to praise the minute.) more troops will cause the Afghan peo- ‘‘Buddy Walk’’ being held this Satur- Mr. GOHMERT. Mr. Speaker, we ple to see us as occupiers. And history day in State College, Pennsylvania. It know that in the 1960s and 1970s we committed our troops to Vietnam. But has told us that the Afghan people al- is sponsored by the Centre County ways resist foreign occupations and al- Down Syndrome Society. The society we found out at the end of the war, after 2 weeks of constant carpet bomb- ways succeed. exists to be a resource for families with America cannot afford to pour bil- a child with Down syndrome and for ing of Hanoi when SAM JOHNSON was leaving the Hanoi Hilton, he was told, lions of dollars more into a futile occu- those who are expecting a child with pation when we are going through the Down syndrome. Their goal is to edu- You silly Americans, if you’d kept bombing us for 1 more week like that, worst economic crisis of the past 70 cate friends, relatives and even com- years. We cannot, in good conscience, munities that individuals with Down we would have had to surrender uncon- ditionally. ask our brave troops to take more cas- syndrome are energetic, capable and The message of Vietnam should be ei- ualties without a clear mission, and we loving people who play, work and go to ther commit 100 percent or get out. don’t have one. We cannot ask our school just like the rest of us. Don’t leave people out there to die military families to continue to sac- The statistics on their Web site without full commitment. rifice when they have already suffered change some of the preconceived Now we have people on the left say- so very much. stereotypes many people have. For ex- ing, get out of Afghanistan now. We And finally, we have no exit strategy. ample, half of all Down syndrome chil- have people on the right saying, do After the disaster of Iraq, the Amer- dren go to mainstream school classes, whatever it takes to win. And I’m here ican people will not stand for another one out of every five plays a musical to say, Mr. Speaker, the President endless foreign occupation, one that instrument, and three out of five know should not keep going on talk shows will cost many lives and not make our how to operate a computer. and going around the world while he country any safer. I am a member of the Congressional has a report suggesting what to do. He Afghanistan is a difficult problem, Down Syndrome Caucus who supports needs to commit 100 percent to the war but the President still has good op- legislative activities that would im- in Afghanistan, give them everything tions. He can order the Pentagon to de- prove Down syndrome research, edu- they need, or get out now. velop a troop redeployment plan and a timetable for withdrawal. At the same cation, treatment and promote public f policies that would enhance the quality time, he can be bold and shift to a new of life for those with Down syndrome. SPECIAL ORDERS mission that will be far more likely to The Centre County Down Syndrome The SPEAKER pro tempore. Under succeed because it will actually have Society does a great deal to educate the Speaker’s announced policy of Jan- the support of the Afghan people.

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.063 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10438 CONGRESSIONAL RECORD — HOUSE October 1, 2009 This new mission in Afghanistan Ironically, my colleagues on the offering consumers a choice. But the would include economic development, other side of the aisle have often tout- public option will finally bring greater education, infrastructure, humani- ed a supposed ‘‘solution’’ to our health choices to consumers in the individual tarian assistance, better governance care troubles by allowing insurers to insurance market. Once that happens, and improved local policing and intel- sell across State lines. If anything, premiums will become more affordable ligence to hunt down extremists. This their proposal would essentially allow as insurers compete for customers. In- is what the Afghan people want from insurance companies to continue their surance companies will be enticed to America so that they can have hope for very worst practices because insurers reimburse physicians better in order to a better future and reject violent extre- would simply begin a race to the bot- retain them in their networks. The ne- mism. tom. They would move their operations cessity for more affordable choices is Mr. Speaker, President Obama de- to whichever State affords the least something we can all agree on. serves credit for reviewing his decision consumer protections and sell those We can also agree that we need to do earlier than expected to send more policies across State lines. a better job of improving preventive troops to Afghanistan. He is showing I’m especially concerned because I care and giving people the tools they political courage, and he is showing an come from California, a State with need to be more personally responsible open mind by considering other alter- some of the strongest consumer protec- for their health and well-being. As a natives. I urge him to choose a new tions from health insurance company public health nurse, I spent decades course, one that will make our country abuses. Here are some examples: Cali- educating people about the importance proud and the world a much safer fornia law requires that insurers cover of adopting healthy habits. But too place. a minimum stay in the hospital after a many people in this country don’t have f mastectomy. Our neighboring States of access to primary care and never see a The SPEAKER pro tempore. Under a Nevada and Arizona do not. California health professional until an otherwise previous order of the House, the gen- law requires that patients have the preventable disease has worsened. How right to appeal decisions by insurance tragic is this? tleman from Texas (Mr. POE) is recog- nized for 5 minutes. companies and receive an external re- H.R. 3200 encourages better primary (Mr. POE of Texas addressed the view. Idaho and Mississippi do not. And and preventive care. It does away with House. His remarks will appear here- California has stricter laws defining copays for preventive services. It in- after in the Extensions of Remarks.) what may and may not qualify as a creases primary care service reim- preexisting condition. In Florida and bursements under Medicare and Med- f Georgia, there are no definable condi- icaid. It makes smart investments in HEALTH CARE REFORM tions that insurers may classify as community-based prevention and ‘‘preexisting,’’ which means that a pre- wellness programs. These are the The SPEAKER pro tempore. Under a existing condition could mean pretty things we can all agree upon. previous order of the House, the gentle- much anything. I urge my colleagues to join me in woman from California (Mrs. CAPPS) is So to my friends on the other side of enthusiastically supporting H.R. 3200, recognized for 5 minutes. the aisle who believe that selling insur- supporting these principles on which Mrs. CAPPS. Mr. Speaker, for 60 ance across State lines will solve all of we all agree. years our country has been trying to our problems, I remind you that your come up with a better way to deliver f suggestion would do just the opposite. The SPEAKER pro tempore. Under a health care. Despite the lingering dif- It would strip away vital consumer ferences of opinion over how to achieve previous order of the House, the gen- protections that exist for many pa- tleman from North Carolina (Mr. this goal, we really have come along tients now at the very time our focus further than we ever have before. JONES) is recognized for 5 minutes. needs to be on increasing consumer (Mr. JONES addressed the House. His We all agree we need to put an end to protections for American families. insurance companies’ most egregious remarks will appear hereafter in the practices. We need to lower the costs of b 1515 Extensions of Remarks.) health care for everyone. We need to We also agree that we need to lower f better incentivize preventive and pri- costs. I’m very heartened by provisions mary care. in this bill that will achieve this YEMEN These are all accomplished by the shared goal. The SPEAKER pro tempore. Under a bill which has now passed out of our For seniors, we’re taking immediate previous order of the House, the gen- three House committees. Of course, it’s steps to reduce their prescription drug tleman from Virginia (Mr. WOLF) is much more interesting for the media to costs by closing the doughnut hole. recognized for 5 minutes. talk about the few areas where dis- Since the rollout of Medicare part D, Mr. WOLF. I want to talk about an agreements still exist rather than the my constituents and seniors across the issue dealing with our national secu- accomplishments we have made so far. country have begged for relief from the rity. CNN reported this morning that But the legislation before us means so doughnut hole. The doughnut hole is the security situation in Yemen is rap- much more security for America’s the period of time during which you idly deteriorating, making a dangerous hardworking families. pay an insurance company to not cover new haven for al Qaeda and terrorists. Right now, when you lose your job, it the cost of your medications. I have ob- This report is just the latest in a se- can mean your entire family loses ac- jected to this policy from day one. ries of warnings about the security sit- cess to health insurance. And if you are Under our plan, seniors will see relief uation in Yemen. Earlier this week, unfortunate enough to have a pre- immediately. As we begin to close the Time magazine reported that ‘‘two- existing condition, which in some doughnut hole, prescription drugs will thirds of the country is out of govern- States can be defined as having been be available at deep discounts. Eventu- ment control,’’ and that ‘‘al Qaeda is the victim of domestic violence, then ally, the doughnut hole will disappear turning the lawless mountain areas of you may not qualify for any affordable completely. This is the relief that Yemen into a new staging area.’’ health insurance coverage. Worse yet, America’s seniors need, and we all can According to press reports today, when you buy health insurance on the agree that they deserve it. U.S. counterterrorism officials believe individual market, there is a team of We will bring down costs by intro- that al Qaeda’s ‘‘presence in Yemen people ready to comb through your ducing a public option to compete with threatens to turn the country into a records to find a reason to drop you if private insurers. Currently, private in- dangerous base for training and plot- you are ever diagnosed with a condi- surance companies have every reason ting attacks.’’ tion that is costly to treat. Now a few to increase costs for patients and to re- In September 2008, al Qaeda terror- States have protections against these duce reimbursements to physicians in ists in Yemen attacked the U.S. Em- practices. But don’t we agree that all order to line their pockets. bassy with vehicle bombs, killing 10 Americans deserve access to these pro- Why? Because there’s no competi- guards and civilians. Since that time, tections? tion. There’s no one else in the market al Qaeda’s posture in Yemen has grown

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.064 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10439 stronger with the merger of the Saudi Earlier today, I wrote Attorney Gen- ria, four from Syria, three each from Libya and Yemeni arms of al Qaeda into one eral Eric Holder to urge that no addi- and Saudi Arabia, two each from Uzbekistan, group—al Qaeda in the Arabian Penin- tional detainees be released to Yemen Egypt, the West Bank and Kuwait, and one each from Azerbaijan and Tajikistan. sula—with Yemen as its base for train- or other unstable countries. The dead- Most were captured in Afghanistan and ing and operations. line to close Guantanamo Bay is no ex- Pakistan after U.S. troops invaded Afghani- We have seen the consequences of cuse to expedite the release of Yemeni stan in 2001 to oust al Qaeda in response to these developments. Last August, a detainees, especially if the country, as the September 11 hijacked plane attacks on Yemeni al Qaeda loyalist detonated a it is, is unprepared to take responsi- the United States. suicide bomb in an attempt to kill bility for them. The decision to release Saudi Prince Mohammed bin Nayef. He the detainees requires due diligence. It HOUSE OF REPRESENTATIVES, was able to gain access to the prince by cannot be undone. Washington, DC, October 1, 2009. Hon. ERIC H. HOLDER, Jr., pretending to be an al Qaeda defector While we may have a difference of before detonating the explosions. Attorney General, Department of Justice, Wash- opinion on how best to deal with the ington DC. Despite this deteriorating situation, situation in Guantanamo Bay, I think, DEAR ATTORNEY GENERAL HOLDER: It has it was reported—and it’s hard to be- I hope, I believe that we can all agree come to my attention that at least 27 detain- lieve—in Reuters on Monday in an arti- that a rush release of terrorist detain- ees held at Guantanamo Bay have been cle I’m submitting for the RECORD that ees, people who have served with cleared for release to Yemen. I received offi- at least one detainee from Guantanamo Khalid Sheik Mohammed, should not cial notification about the release of one of Bay has been released to Yemen—re- these transfers, Alla Ali Bin Ali Ahmed, but be released back into Yemen when it is was only made aware of the additional 26 leased to Yemen, where you can’t con- so destabilized. trol the country—and at least 26 others Yemenis allegedly cleared for release after What is this Obama administration reading a Reuters report titled, ‘‘Obama have been cleared to return, according thinking? What is Eric Holder think- team clears 75 at Guantanamo for release’’ to a list at the detention facility post- ing? I urge Members of Congress to on September 28, 2009. ed in Arabic and Pashto. have hearings and for Eric Holder to I urge you to reconsider any pending or fu- What kind of policy is this that the cease and desist any returnees back to ture releases of detainees to Yemen, particu- detainees—some who have killed Amer- larly in light of the country’s deteriorating Yemen. ican citizens—at Guantanamo Bay security and growing al-Qaeda presence. Ear- have a list of those that are being re- [From Reuters, Sept. 28, 2009] lier this week, Time magazine reported that leased, but not one Member of Congress OBAMA TEAM CLEARS 75 AT GUANTANAMO FOR ‘‘about two-thirds of the country is out of or the American people know anything RELEASE government control,’’ and that ‘‘al-Qaeda is (By Jane Sutton) turning the lawless mountain areas of about it and are kept in the dark. Yemen into a new staging area.’’ According Most of these detainees were cap- MIAMI.—An Obama administration task to an AFP report today, U.S. counter- tured in Afghanistan and Pakistan in force has so far cleared 75 of the remaining terrorism officials believe that al-Qaeda’s 2001 and 2002. They have spent 8 years 223 Guantanamo prisoners for release as part ‘‘presence in Yemen threatens to turn that living among the most dangerous ter- of its effort to close the detention camp, a country into a dangerous base for training rorists in the world, including Khalid military spokesman said on Monday. and plotting attacks.’’ The review team is examining each pris- You will recall the September 2008 al- Sheikh Mohammed, the mastermind of oner’s case to decide who will be held for the 9/11 attacks and who beheaded Dan- Qaeda attack on the U.S. Embassy in Yemen trial and who can be sent home or resettled using vehicle bombs, rocket-propelled gre- iel Pearl. in other nations. In an attempt to meet this self-im- nades and automatic weapons to mount a co- President Barack Obama had set a January ordinated assault, killing 10 guards and civil- posed deadline to close Guantanamo 22 deadline to shut the detention camp al- ians. Since that time, al-Qaeda’s posture in Bay next January, Eric Holder and the though Defense Secretary Robert Gates told Yemen has grown stronger with merger of administration are prepared to release ABC News in an interview broadcast on Sun- the Saudi and Yemeni arms of al-Qaeda into perhaps a third of its cleared detainees day that ‘‘it’s going to be tough’’ to meet the one group—al-Qaeda in the Arabian Penin- to Yemen, a dangerously unstable deadline. sula—with Yemen as its base for training country that is clearly unprepared to As the review team makes its decisions, and operations. military officials at Guantanamo post an up- We have seen the consequences of these de- accept and monitor and rehabilitate dated list in the camps to let the prisoners these detainees. velopments. Last August, a Yemeni al-Qaeda know how many from each nation have been loyalist detonated a suicide bomb in an at- Given that more than 15 percent of judged free to go. tempt to kill Saudi Prince Mohammed bin released detainees have returned to It was an opportunity to just provide bet- Nayef. He was able to gain access to the terrorism, this release will have a dan- ter communication,’’ said Navy Lieutenant prince by pretending to be an al-Qaeda defec- gerous consequence for the American Commander Brook DeWalt, a spokesman for tor before detonating the explosives. This people. It’s not beyond the imagination the Guantanamo detention operation. case is particularly concerning because it that there will be an article in the ‘‘There’s a lot of information out there and demonstrates an evolution and sophistica- paper several months from now that you get a lot of things from a lot of different tion in the type of attacks being planned and somebody who was at Guantanamo, angles. It helps put it in a more succinct launched by al-Qaeda leaders in Yemen. context for them.’’ While I continue to be troubled that, ac- from Yemen, released by Eric Holder, The prisoners are well aware of Obama’s cording to the Reuters report, the detainees goes back to Yemen and kills an Amer- announcement that the camp would be at Guantanamo Bay currently have more in- ican citizen or is involved in an act of closed and have heard piecemeal information formation about their release than do mem- terrorism. from their lawyers and relatives during ber of Congress or the American people, it is Combined with al Qaeda’s growing phone calls arranged by the International of particular concern that detainees who strength and presence in Yemen, this Committee of the Red Cross, he said. have spent the last eight years living among release is concerning. As our State De- The list is posted in Arabic, Pashto and the most dangerous terrorists in the world, partment noted in its 2008 Country Re- English. The latest list of 78 prisoners in- including Khalid Sheik Mohammed, the mas- ports on Terrorism, ‘‘The security situ- cludes two Uzbeks sent to Ireland and a termind of the 9/11 attacks and who beheaded Yemeni returned to his homeland on Satur- ation in Yemen deteriorated signifi- journalist Daniel Pearl, would be released day, an indication that some progress is into countries with a strong al-Qaeda pres- cantly over the past year as al Qaeda being made in thinning the camp population ence. Such a disposition is only adding ker- and Yemen increased its attacks of those who are not considered a threat. osene to a fire. against Western and Yemeni Govern- ‘‘We are not focused on whether the dead- Although we have clear differences of opin- ment institutions.’’ line will or won’t be met on a particular ion on how best to deal with the situation in What is Eric Holder and the Justice day,’’ White House spokesman Robert Gibbs Guantanamo Bay, I think we can both agree Department—what are they thinking said. ‘‘We are focused on making . . . the that a rushed release of terrorist detainees about? Surely, there must be a better most progress that is possible.’’ to countries with a strong al-Qaeda presence solution, one that won’t release detain- Some on the list are among the 30 ordered is not in America’s best interest. I strongly ees from Guantanamo who are involved freed by U.S. courts but still awaiting trans- urge you to halt all transfers of detainees to fer, including 13 Chinese Uighurs. The Pa- unstable countries, including Yemen, Af- in activities against American mili- cific island nation of Palau has agreed to ac- ghanistan, and Algeria, until evidence is pro- tary, who have served time with Khalid cept most of them. vided to this Congress demonstrating that Sheik Mohammed, to send them back Also on the list are 26 other captives from the detainee can be properly received and to Yemen. Yemen, nine from Tunisia, seven from Alge- monitored in the receiving country.

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.069 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10440 CONGRESSIONAL RECORD — HOUSE October 1, 2009 I look forward to your response, as well as 2002, 2003, and 2004, personnel from country by dramatically limiting the your responses to my letters to you dated Iran, a designated state sponsor of ter- radius that personnel from state spon- March 13, April 23, May 13, June 8, July 7, rorism, were caught photographing and sors of terrorism are permitted to trav- July 10, July 17, July 22, and July 31. Please videotaping the New York City subway el. do not hesitate to contact me or my staff member, Thomas Culligan. and other popular landmarks. Congressman DAN BOREN and I have This is very important for the safety of our I ask my colleagues and the Amer- introduced H.R. 3611, the LIMITS Act, country. ican people to think about why Iranian Limiting the Intrusive Miles of Inter- Sincerely, personnel would photograph and video- national Terrorist Sponsors, which FRANK R. WOLF, tape the New York subway system and would limit personnel from state spon- Member of Congress. other popular sites. I’m referring to in- sors of terrorism to a half-mile radius f dividuals from state sponsors of ter- of the U.N. complex. A half mile is The SPEAKER pro tempore. Under a rorism that are here with diplomatic more than enough space for personnel previous order of the House, the gentle- immunity, supposedly in the United from state sponsors of terrorism to ob- woman from Ohio (Ms. KAPTUR) is rec- States for official business at the tain lodging, food, and other neces- ognized for 5 minutes. United Nations. sities, and will be an easier and more (Ms. KAPTUR addressed the House. Let me be clear. Personnel from a cost-effective use of U.S. counterter- Her remarks will appear hereafter in state sponsor of terrorism have been rorism and counterintelligence re- the Extensions of Remarks.) caught on numerous occasions spying. sources, as well as the New York Police What do you think they intended to do f Department. with that information, the videotapes The FBI’s top two priorities are to: The SPEAKER pro tempore. Under a and the photos? These are not our number one, protect the United States previous order of the House, the gen- friends. A few, but not all, of these in- from a terrorist attack; and, number tleman from Indiana (Mr. BURTON) is dividuals were expelled by the U.S. De- two, protect the United States against recognized for 5 minutes. partment of State. Between 2004 and foreign intelligence operations and es- (Mr. BURTON of Indiana addressed 2009, the State Department issued over pionage. the House. His remarks will appear 8,600 visas to delegates and representa- b 1530 hereafter in the Extensions of Re- tives from countries designated as marks.) state sponsors of terrorism. When it comes to state sponsors of f Through the 1947 United Nations terrorism with diplomatic immunity in The SPEAKER pro tempore. Under a Headquarters Act, the United States is our country, it is past time to make previous order of the House, the gen- required to allow diplomats and per- the FBI’s job a little easier. I urge my tleman from California (Mr. SCHIFF) is sonnel into the United States for offi- colleagues to cosponsor the LIMITS recognized for 5 minutes. cial business at the United Nations Act and restrict access of State spon- (Mr. SCHIFF addressed the House. headquarters complex in New York sors of terrorism on U.S. soil. His remarks will appear hereafter in City, including personnel from coun- f the Extensions of Remarks.) tries who otherwise would be ineligible HEALTH CARE REFORM f for U.S. visas. We can’t afford to take these threats The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- previous order of the House, the gen- lightly. The presence of hundreds of in- dividuals with diplomatic immunity uary 6, 2009, the gentleman from Geor- tleman from Virginia (Mr. FORBES) is from countries designated as state gia (Mr. GINGREY) is recognized for 60 recognized for 5 minutes. minutes as the designee of the minor- (Mr. FORBES addressed the House. sponsors of terrorism is an over- whelming and expensive task for U.S. ity leader. His remarks will appear hereafter in Mr. GINGREY of Georgia. Mr. Speak- the Extensions of Remarks.) counterterrorism and counterintel- ligence resources. er, I thank you, and I thank my leader- f Michelle Van Cleave, the U.S. Na- ship for allowing me to take this Spe- The SPEAKER pro tempore. Under a tional Counterintelligence Executive cial Order hour to discuss what has cer- previous order of the House, the gen- from 2003 to 2006, put it well when she tainly become the most important tleman from Indiana (Mr. PENCE) is said, ‘‘While the FBI—by far, America’s issue that has been going on in this recognized for 5 minutes. premier counterintelligence agency—is Congress over these last couple of (Mr. PENCE addressed the House. His assigned responsibility for countering months, and that is the issue of health remarks will appear hereafter in the all foreign intelligence operations in care reform or, as the Democratic lead- Extensions of Remarks.) the United States, it lacks the man- ership and the President himself have f power, the resources, the training, and rephrased that now, reform of our probably the public support to venture health insurance industry, rather than H.R. 3611, THE LIMITS ACT into the complex grounds of analyzing reform of our health care system. But The SPEAKER pro tempore. Under a the vast foreign presence in the coun- we’re going to spend a little time, Mr. previous order of the House, the gen- try to identify the intelligence oper- Speaker, talking about where we are tleman from Georgia (Mr. BROUN) is ations embedded therein.’’ . . . ‘‘The with regard to this and what are some recognized for 5 minutes. counterintelligence problem is not one of the alternatives. Particularly from Mr. BROUN of Georgia. Counterter- of sheer numbers, though by any meas- our side of the aisle, we are often criti- rorism officials have warned mass tran- ure there are far more intelligence cized, I think unjustly, about being the sit systems around the country to in- operatives in the United States than party of opposition without having any crease patrols after they discovered we have personnel to address them. sufficient alternative ideas to present. that a group of individuals within the The larger and more compelling issue In other words, the accusation of being United States were allegedly planning is the scope of their activities. Histori- ‘‘the party of no.’’ to detonate backpack bombs aboard cally, embassies and other diplomatic My colleague from Georgia, Mr. New York City trains. establishments within the United Speaker, is here with me on the floor In the past month, we have once States have served as a hub for foreign today, this afternoon, and he and I again been reminded that terrorists are intelligence activities because of the laugh about that a little bit. We both still targeting U.S. mass transit sys- operational security that they afford.’’ agree, yeah, we are the party of tems and other major landmarks. We Why are we helping state sponsors of ‘‘know’’—it’s spelled K-N-O-W. So I have to continue to be proactive terrorism gather intelligence informa- would like to take this opportunity to against those seeking to do us harm tion within the United States? When share with our colleagues on both sides and minimize our vulnerabilities, espe- and where will we draw the line? of the aisle just what it is we do know cially vulnerabilities on U.S. soil. If we can’t stop these people from and what are some of those suggestions I’d like to discuss one continuing coming to the United States, the least with regard to health care reform or, threat that needs to be addressed. In we can do is limit their access to our indeed, health insurance reform, that

VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A01OC7.030 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10441 the minority, loyal minority wants to was down there, I spoke to these physi- country and everybody who is con- present. cians, and I told them that they and cerned about where we’re going in We want to make sure that our Presi- their patients around this country are health care—and particularly the el- dent, who said his door is wide open as what’s going to stop this steamroller of derly—need to say no to this H.R. 3200, he spoke to the Nation from right here, socialized medicine that’s going on which is going to be disastrous for ev- from your seat, Mr. Speaker, a couple here in the House of Representatives. I erybody. And let’s open up the process, of weeks ago, saying, Look, if any- reminded them that if we can generate and in a bipartisan way, in a bicameral body—whether it’s the Republican enough grassroots support all over this way use the House and the Senate to- Party or doctors out across the Nation country to ask particularly the leader- gether, let’s find some commonsense or some of the many men and women ship here in the House and the Senate market-based solutions that lower the who have attended these town hall as well as the President to open up this costs for health care. meetings throughout the month of Au- process, to listen to all of the second And in doing so, let the doctor-pa- gust—If you’ve got ideas, bring them to opinions that Dr. GINGREY and others tient relationship dictate how health me. My door is always open. are putting forward. care decisions are made, not through Certainly we have tried to do that, I know you are going to talk a little some government bureaucrat, as in the Mr. Speaker, in the way of writing let- while tonight about your health care House bill right now. The ObamaCare ters, making calls to his staff and to bill of rights and the 10 Prescriptions bill here in the House will put a gov- say to the President, We do have some for a Healthy America. I applaud you, ernment bureaucrat between a doctor good ideas, Mr. President. In fact, just Dr. GINGREY, for bringing this forward, and a patient. Let’s find ways of low- today within the last hour and a half, but the only thing that’s going to slow ering the cost of medicine in the drug- a group of physicians from across this down this process of the Federal Gov- store. Let’s find ways of doing the country—they call themselves the Mil- ernment taking over the health care things that make sense economically lion Med March group, were here out system is the ‘‘We the People.’’ The without stealing our grandchildren’s on the Mall, talking about this be very Constitution of the United States future. We can do that, and we can do issue and bringing ideas. Yes, there starts off with three very powerful that in a bipartisan way if the leader of were some physician Members of the words, ‘‘We the People.’’ Up here we’re this House and the leader of the Senate House with them to speak to the group supposed to be representatives, not rul- would just open it up and let us do so. that had a symbol. It is a grassroots ef- ers, and we, the people, need to stand Dr. GINGREY, I applaud your effort, fort, and there are lots of ideas, Mr. up and say, Whoa, this is an issue that because you’ve been a leader, right on Speaker, Mr. President, Mr. Majority is too important to rush through. We the forefront in this process of trying Leader. I say to Ms. PELOSI, the Speak- should not have any deadlines. The to offer second opinions. You’ve been er of the House, and to Senator REID, Speaker and the President have talked here week after week, as well as many Senate majority leader, we have lots of about trying to get a bill on his desk others. A lot of physicians in the House good ideas, and we want an opportunity before Thanksgiving. This is too com- have been here on the floor week after to be heard. plex of an issue to rush it. week offering second opinions. Repub- So we are going to take this next 45 What we, as physicians here in Con- licans are the party of K-N-O-W. We minutes or so to talk about some of gress, are trying to do is to offer a sec- know how to solve the health care fi- these ideas. My friend from Georgia is ond opinion. Actually, we’ve got many nancing crisis here in America. We not only a colleague here and a fellow opinions that Republicans have intro- know how to solve the energy problems Georgian but also a fellow physician. duced. Dr. GINGREY, you have been very in America and make America energy And while I specialize, Mr. Speaker, in instrumental in fostering the idea of independent without having this huge OB/GYN, Dr. PAUL BROUN from Athens, health information technology, energy tax that the cap-and-trade—I Georgia, his specialty is family medi- digitizing electronic medical records call it the tax-and-cap bill—will put on cine, primary care. You talk about and that sort of thing, which would the poor and elderly, those on limited somebody whose voice needs to be help save money. We have to find a way incomes who will really be hurt by that heard, and I hope the President will to lower the cost. In my private prac- energy bill. We know how to stimulate also acknowledge the fact that Dr. tice of general medicine, I couldn’t af- the economy without creating a bigger BROUN has some great ideas. I will ford to buy health information tech- government and without bailing out yield to him right now and hear some nology for my patients. We’ve got to Wall Street. We need to bail out Main of those ideas as we colloquy and so lower the cost of that, but we have got Street. forth. to lower the cost of everything in So we are the party of know. We have Dr. BROUN, thank you for being here, health care. got about 10 physicians and medical and I would like to yield to you. The Republicans have many ideas. I, personnel who are a part of the Repub- Mr. BROUN of Georgia. Dr. GINGREY, as well as you and the other people on lican Doctors Caucus, and we are offer- thank you so much for yielding to me. our side, want to see us open the proc- ing many second opinions, really. So I, indeed, went down to the park where ess so that all the ideas are put on the Dr. GINGREY, I applaud your effort. I all these physicians were. I know Dr. table, and unfortunately, neither the applaud everything that you’re doing. GINGREY and our colleague Dr. TOM President nor Speaker PELOSI are al- You’re the chairman of the House Doc- PRICE, also from Georgia, was at that lowing that to happen. The American tors Caucus on the Republican side, same meeting with the physicians. people just need to stand up and say and I am honored to be one of your two This was a group of physicians from all ‘‘no’’ to ObamaCare. Let’s put these cochairmen on that group. The Amer- over the country that are very con- ideas all on the table. Let’s discuss ican people should know, need to know, cerned about ObamaCare, about the di- them, find ways to lower the cost of that there are alternatives beside the rection that they perceive that the health care without creating a big Fed- ObamaCare bill, and the American peo- Congress is going. They see H.R. 3200, eral debt, which ObamaCare, H.R. 3200, ple need to stand up and say, Let’s do the ObamaCare bill here in the U.S. will do. The President said it wouldn’t, this in a bipartisan way. Let’s stop all House, as well as the bill that MAX but that was not true. He also said that the partisanship, the bickering, the BAUCUS has over in the U.S. Senate, as it would not give free health care to il- discord and all the things that are being a tremendous attack on their legal aliens, and that is not true. A lot going on in this country, and let’s do it ability to practice medicine, to be able of things that he said that night were so that people can manage their own to make the decisions along with their not true. In fact, the only person who health care along with their doctors. patients of how health care is delivered said the truth that night in that speech Dr. GINGREY, I will yield back, and I within their offices and how they can was JOE WILSON, our dear colleague thank you for what you’re doing. deliver surgery, prescriptions, and the from South Carolina. Mr. GINGREY of Georgia. I thank tests and procedures that they need. But the thing is, the American people the gentleman from Georgia. I think they’re exactly right. Dr. are in charge. That’s what I told the Mr. Speaker, Dr. BROUN brings up a GINGREY, I know you spoke with them doctors, Mr. Speaker, when I was down couple of points that I think we need to before I did. But Mr. Speaker, when I there is that the physicians in this elaborate on. He mentioned two things.

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.076 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10442 CONGRESSIONAL RECORD — HOUSE October 1, 2009 He mentioned the need for electronic tegrate electronic medical records by But when you look at what we spend medical records, and he also mentioned the year 2014. Indeed, former President every year on Medicare, I think in 2008 the need for medical liability reform. Bush said the same thing. So that’s an the total expenditure for Medicare was Mr. Speaker, these are two things that area in which we have full agreement. about $480 billion. Well, if you cut that the President has said. In fact, in his Mr. Speaker, I really study this. I fol- $500 billion over 10 years, do the math, speech to the Nation a couple of weeks low this. I go to the HIMSS meetings Mr. Speaker. It’s fairly simple, my col- ago from this Chamber, he mentioned on an annual basis and usually speak leagues. We’re not all math majors, but both things. Of course there is money to that group, the Healthcare Informa- this is arithmetic; this is not calculus. set aside in the stimulus package, the tion Management Systems Society. It’s That’s something like a 13 or 14 per- American Recovery Act 2009, toward an organization of people that are in cent cut every year. Actually, it’s clos- electronic medical records. But what this industry, in this business. And I er to a 10 percent cut. But it cuts Medi- physicians know which maybe a lot of know from talking with them that care Advantage about 17 percent a Members of Congress don’t know, don’t we’re talking about maybe $150 billion- year. have any real way of knowing, is what a-year savings because you cut down And 10 percent is a lot. If you don’t are the impediments to practicing on medical errors, you cut down on du- believe it, ask those who are among medicine and to getting fully inte- plication of not ordering very, very ex- that group of unemployed in this coun- grated in an electronic medical records pensive things like CAT scans and try right now, those 10 percent that are system. MRIs; and, even more importantly, of without a job. For them it’s 100 per- Even though doctors realize that it course, not making the mistake of pre- cent. It’s not a recession; it’s a depres- would save time, it would save scribing a medication that would be sion. It’s a depression mentally and money—most importantly though, it contrary to the patient’s health based physically and actually. So we can do these things like elec- would save lives with regard to elec- on other medications that they’re hav- tronic medical records, and we could tronic medical records—it’s something ing or conditions that they are suf- save a lot of money. We don’t have to that’s very expensive. It’s like trying fering from. So this is something where gut Medicare, and we don’t have to to—you know, your old jalopy car is we could save a lot of money. You’re raise taxes $800 billion, $900 billion and, falling apart, and you need a new car. talking about $120 billion a year, Mr. further, cause small businessmen and Let’s make that analogous to this old Speaker. women to lay people off or not hire new medical records, keeping paper records, Maybe if we did that, then we employees because they just can’t af- charts where records are falling out all wouldn’t have to try to pay for this ford to. health care reform, or is it health in- over the place, and you can’t find And, golly, how many jobs has it things in a timely manner when the pa- surance reform, by taking $500 billion been, Mr. Speaker, since we passed the tient maybe comes in with an emer- out of the Medicare system and lit- economic stimulus package that was gency condition. erally gutting Medicare Advantage, a going to save the country back in Feb- That’s the old car. The new car, of choice of fully 20 percent of our sen- ruary? I think we’ve lost 2 million jobs course, would be a laptop or a notebook iors. since then. And when we passed that Some 10 million of the 45 million computer that you go into the exam bill, the unemployment rate was 7 per- room or go over to the emergency Medicare recipients choose Medicare cent, 7.5 percent; and now it’s 10 per- room, and you’ve got it, and all of a Advantage because for them it’s better. cent. We have got real problems here in sudden you just with a punch of a key, They’re able to go in and have an an- River City, and it’s not just the need to you have that entire record of the pa- nual physical. They’re able to have a reform our health care system. We tient. Maybe the patient happens to be lot of screening procedures done that need to put people back to work. a patient of an associate or a partner are covered under Medicare Advantage I heard the President of the United that you’re covering for. But that in- and that are not covered under your States say we are in a crisis; we’re los- formation is there, and it’s accurate. typical Medicare fee-for-service. ing 14,000 people every day; 14,000 peo- Well, that’s the new car. Unfortunately There is a follow-up program usually ple are losing their health insurance. the cost of the new car, the sticker provided by the insurance companies Well, Mr. Speaker, the reason for that shock, a lot of times is going to keep that offer Medicare Advantage where is because they’re losing their jobs. people driving the old jalopy that’s pol- within a few days of your appointment, And I think, yes, they have a concern luting the Nation and putting people at a nurse, a nurse practitioner, or maybe about health insurance, but they also risk—in this case, patients at risk. even a doctor herself, Mr. Speaker, will have a great concern about feeding I have introduced a bill for 2 or 3 call the patient and make sure that their children and clothing them and years in a row that would incentivize they got that prescription filled, that providing shelter for their family. And even a small country doctor. Maybe they’re not having any side effects. then, of course, let’s make sure that he’s got a partner or she’s got a partner We keep saying we need to go to a they get affordable health insurance. or two. But it’s a small group, and whole new paradigm. That word has be- Again, it’s all about priorities. I they’re seeing 75, 80 patients a day come kind of trite, but a whole new think that we can do this, and I think each. They can’t afford to come up paradigm where we incentivize our we can do it without spending $1.5 tril- with $30,000, $40,000 per doctor to pur- health care teams to provide wellness lion over the next 10 years or $2.5 tril- chase an electronic medical records rather than just treat illness. It is a lion over the next 15 and running up an system, a computer, the hardware, the more compassionate way to deliver additional at least $250 billion worth of software, the maintenance program. health care, but it also is going to save red ink and long-term debt. We can do They know—they’re convinced that lives and save money. it by adopting electronic medical over a period of time that it’s the thing So for me to look at these bills that records. to do and that eventually it would pay are out there, whether it’s this 1,200- We also can save, Mr. Speaker, a tre- for itself. But by golly, they just can’t page bill that I have behind me, H.R. mendous amount of money by medical afford that front-end sticker shock. 3200, that has been passed by three malpractice reform, medical liability committees in the House, mainly by reform. The President has acknowl- b 1545 the committee that I sit on, Energy edged it. He said it to the AMA at their So we are, Mr. Speaker, continuing and Commerce, where we’re going to annual meeting in his hometown of to introduce H.R. 1087 that would give reform the health care system by gut- Chicago back in June. He said it again them a break under the Tax Code. No ting Medicare of $500 billion over 10 right from this dais 2 weeks ago when free grant necessarily, but let them years. he spoke to the Nation. He has ac- write off the expense in the first year Mr. Speaker, I heard someone, and I knowledged the need. He has said, If to help them be able to do what Mr. believe it was an official of the AARP, you’ve got an idea on either one of President and what the majority party suggest that, well, you know, this is these things, medical records, medical and minority party and all the doctors just a little cut in Medicare; $500 bil- liability reform, my door is open, I in the House and two in the Senate lion, with a ‘‘b,’’ is a lot of money even want you to call me. I want you to fully agree that we need to do: fully in- for Washington, D.C. come see me.

VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.077 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10443 Well, we are trying, Mr. Speaker and whole bill, and he said, I don’t know. I The second item in the Bill of Rights my colleagues, and we will continue to mean, I need two lawyers to help me is no cuts to Medicare. Mr. Speaker, I try because I believe the President. I read it. And he is a Member of the ma- have already talked about that in the take him at his word. I’m going to be jority party and an attorney himself $500 billion, those Medicare cuts. It is patient on this. Hope springs eternal and I think has been a Member of this something like a $10 billion cut to the because we do. It’s not just me, but body for at least 35 years. That’s the hospice program. I think we all know Members on both sides of the aisle, not problem with bills like this. what the hospice program is. In the just physician Members but all Mem- Now, my colleagues, I want to hold last weeks, days, months of people’s bers have ideas, and they need to be lis- up for you H.R. 3400. H.R. 3400 is a bill lives, we are going to cut that program tened to just as in the amendment that Dr. TOM PRICE is the original au- to provide access to health care for 5 process that we went through when we thor of, Dr. PRICE on our side of the percent of the population, many of marked up H.R. 3200. aisle, an orthopedic surgeon, chairman whom prefer not to have health insur- Why was every Republican amend- of the Republican Study Committee. ance and we are going to end up forcing ment rejected, and why was it done al- And many of us, including myself, co- them to? No cuts to Medicare. Medi- most completely along party lines? sponsored H.R. 3400. It’s a little bill. It care needs to be shored up. It needs to That’s something the American people, looks like maybe about 260 pages in- be improved. Mr. Speaker, want us to get away from. stead of 1,200 pages. And it does many Today, unless you are in a Medicare They want us to cooperate. It’s fine for things in a way that is economically Advantage program, you cannot go and the President to say that if you don’t sound, that brings down the cost of get an annual physical examination. agree with him that you’re just bick- health care, that makes health care af- You can when you first turn 65 and get ering and complaining and griping and fordable and accessible so that individ- on Medicare, that is called an entry- uals can own their policy and the mar- being untruthful. There’s no corner on level physical exam. But how about ketplace works, and we don’t have any truth by the President of the United when you are 68 or 72? You absolutely government takeover in this bill. States or the majority party. Let’s all I want to commend my colleagues to on an annual basis need a physical ex- be truthful. And if we disagree, that go online, get a copy of this bill, read amination as you age to make sure doesn’t mean one side is being, shall we the summary, read the Cliff Notes, that nothing has happened. And yet a say, a serial disingenuous person, rath- whatever, and understand that this is lot of seniors don’t go and get a phys- er than using more inflammatory lan- just one of, I would say, three or four ical because it is not paid for, and they guage. No, it’s a fair and honest dif- Republican bills, alternatives to H.R. are on a fixed income. For goodness ference of opinion. And if we come to- 3200 or the health bill that’s come out sake, this year there is no increase in gether and share those differences of of the Senate, the Health, Education, COLA for Social Security. How are opinion and pick the best of both, then Labor, and Pensions Committee that they going to pay for these things? Yet, we come up with, I think, a bill that was chaired by Senator DODD, CHRIS instead of solving that problem and the American people can accept. DODD, in the absence of Senator Ken- putting more into Medicare, we are Mr. Speaker, these town hall meet- nedy while he was struggling with his going to take $500 billion out of it. It ings, people all across this country, illness. But this is a good bill, and I makes no sense. whether they be of the Democratic or think the President needs to look at it So under this Health Care Bill of Republican persuasion or independent and needs to consider it and keep that Rights, my bill, H.R. 3700, no cuts to voters, whether they are young or old door wide open. Medicare. And no new deficit spending. or African American, Asian, it doesn’t But what I am going to talk about in You know, the President said, Mr. matter. They’re United States folks. regard to H.R. 3700 is it’s really a state- Speaker, and he said it very clearly, I They are hard working and they want ment of principles. But it’s a bill, and will not sign any bill that adds one and deserve us, their Representatives, as I say, we just introduced it today. dime to the deficit. I think I am to do it in a way that helps them, that Mr. Speaker, I have it on a little card quoting him word for word. Well, Mr. we are not constantly in gridlock up almost like a contract. Well, we call it President, you will like my bill be- here. 10 Prescriptions for a Healthy America cause it says no new deficit spending. So, Mr. Speaker, my opportunity or the Health Care Bill of Rights, simi- We can do this without any additional today to talk about some of these lar to the Contract with America of deficit spending. My colleagues, look things is heartfelt and it’s a commit- maybe 15 years ago, that people can at H.R. 3400 and you will see, it can be ment, and I know my colleagues on put in their front pocket and they can done without adding to the debt and both sides of the aisle feel the same pull it out and they can look at it. But spending into red ink. way, and we are going to work toward I’m going to take a little time to go Colleagues, number four is a good one this solution. through some of the principles in this and it is important to people across Now, I particularly wanted to talk bill because I think this is important. I this country. Number four on the about a second opinion that I have. We think this is a guideline for whatever Health Care Bill of Rights, no new talk about that in a lot in medicine we ultimately adopt. And let’s go taxes. No new taxes. These bills, about getting a second opinion and how through some of these posters, Mr. whether we are talking about H.R. 3200, important it is. Maybe the first opinion Speaker. the House bill, or the bill that is com- is not the best opinion. Maybe it is, but The number one principle of this ing through the Senate, there are new oftentimes a second or third opinion, health care bill of rights is to say this, taxes all over the place. The Joint you need that. You need that. So the and it does in the bill: Commission on Taxation has attested second opinion that I want to talk to b 1600 to that. That is a bipartisan group. The my colleagues about today, Mr. Speak- There will be no government-run Congressional Budget Office has at- er, is what I call a Health Care Bill of health care plan. tested to that. Again, a creation of the Rights, or, to put it another way, 10 That is what the American people are Congress, they work for us, and their Prescriptions for a Healthy America. saying. They do not want a Canadian- director is chosen by the majority And this is a bill that I introduced just style system or a U.K. system, or any party, indeed, by the Speaker of the today, and it’s H.R. 3700. system where the Federal Government House. Now, H.R. 3200, here it is. It’s about interferes and makes decisions and And you ask the question: Are there 1,200 pages. The chairman of the House tells the doctor and the patient that new taxes in here? Absolutely. There is Judiciary Committee has been a Mem- you are going to have to do it this way, going to be a tax on every insurance ber of this body for a long time. He my way or the highway. We don’t want policy. The Senate bill is coming along still looks young and healthy to me, that. The American people don’t want that is being marked up this week and thank God, but he’s been here a long that, and they said that loud and clear maybe next week as well, taxes some time. And he’s an attorney. That’s his during the August recess. health insurance policies 40 percent. profession. He’s not a doctor; he’s a So number one in this Health Care You put a 40 percent excise tax, Mr. lawyer. Somebody questioned him Bill of Rights is no government-run Speaker, on these insurance policies, about whether or not he’d read the health care system. who pays that? I guarantee you the

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.078 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10444 CONGRESSIONAL RECORD — HOUSE October 1, 2009 premiums go up, and John Q. Citizen, single payer, government-run systems. ably not eligible for Medicaid or some who is not making $250,000 a year—the That will happen here unless my bill safety net program or a government President promised when he was cam- passes which says no rationing of subsidy. And yet we are going to hold a paigning when he became President, if health care. gun to these people’s head, Mr. Speak- he became President, and of course he Number six on the Health Care Bill of er, and say you have to have health in- did, that nobody making less than Rights, no employer or individual man- surance, and if you don’t, the IRS is $250,000 a year would see any increase date to provide or have health insur- going to fine you $25,000 and you could in their taxes, not one dime, just like ance. be charged with a misdemeanor and he said there would be not one dime of Now look, colleagues, Mr. Speaker, of spend a year in jail. deficit spending for this health care, course I want employers to continue to My colleagues, is that America? I oh, excuse me, health insurance re- provide that health insurance benefit mean, you know, I try to always keep form. So no new taxes. H.R. 3400, no for their employees. I think that is a copy of the Constitution in my pock- new taxes. something that people have come over et, and sure enough, here it is, the Con- The fifth thing on the group of ten, the last 75 years in this country to ex- stitution of the United States. If you no rationing of health care. This may pect. A decent job includes health care go to the glossary, you are not going to be one of the biggest concerns that our coverage for you and hopefully your find anything in here about mandatory citizens have. As a former physician, family, and that your employer pays health care. No. You talk about the OB/GYN doctor for 26 years, I can as- the bigger percentage of that, and the Bill of Rights and freedom of speech sure you that people worry about this. amount you have to pay is a smaller and press and religion, but there is If we had this public plan, this public amount. And I want employers to con- nothing in here about forcing people in option, the government competing tinue to do that and provide that ben- this country against their will, even with the private marketplace, as H.R. efit and not whittle away at how much though it is good public policy for 3200 calls for—and the Speaker and all they pay versus how much the em- them to have health insurance, and we three of the chairmen of the commit- ployee has to pay. would encourage and try to provide, as tees of jurisdiction, Mr. RANGEL, Mr. I would encourage every person in we do in H.R. 3400, the 250-page bill, to WAXMAN, Mr. MILLER, they all want a this country, every adult who is work- help them be able to get an affordable strong government hand to really ulti- ing, whether they are 21 years old or 72 policy, but to force them to buy some- mately squeeze out the private market- years old, to have health insurance. I thing they can’t afford, no. place. What happens is, and this is not think it is important especially to have So number 6 in the Health Care Bill just PHIL GINGREY predicting this, Mr. catastrophic coverage, even if you of Rights, no individual or employer Speaker, this is the Lewin Group, a think you are 10 feet tall and bullet- mandate. Just encourage them and well-respected group which says that proof and you are 26 years old and you help them to be able to do that. within 3 to 4 years, probably 100 mil- don’t smoke or drink alcohol and exer- Number 7, and this is what created lion people who today get their health cise on a regular basis, nobody in your all of the controversy, Mr. Speaker, insurance through their employer and family has ever suffered from cancer or when the President was right here at they are happy with it, they will end heart disease, and your grandparents the dais giving yet again a fantastic up losing that because the employer and great-grandparents lived to be 100 speech, as he always does, and talked will be in a position that it will be years old, and you think, I don’t need about, made the comment that in his cheaper for them to just pay a fine and this. I can’t afford it, for one thing. I health care reform plan, that no illegal let them go into the government plan. am paying for a car and rent on an immigrant would be eligible for any Well, so much for the President’s apartment. I have $125,000 in student government subsidy, and then the com- promise that if you like what you have, loans with interest that I am trying to ment was made, and you know the rest you can keep it. Until you can’t. You pay off. I can’t afford this. of the story. know, this is something that I think And then you convince them, yes, but But truth in fact is, and that’s the we need to hold the President’s feet to what if you get hit by a truck? What if reason for number 7, no taxpayer fund- the fire and say, look, let’s promise the you are the person who comes down ed coverage for illegal immigrants in American people that they truly can with insulin-dependent diabetes or high my bill, H.R. 3700. No taxpayer funded keep what they have if they like it. blood pressure or heart disease and you coverage for illegal immigrants. So you get the situation where every- are not covered? So at least purchase a body is on the government plan, well, health care insurance policy that gives b 1615 that’s when you get to the business of you catastrophic coverage in the event I think the President realized rationing when maybe the party in of a catastrophe. though, after he made that speech here power has made a pledge of no new In the halls of the hospitals I worked a couple of weeks ago, and maybe his taxes, they are not going to raise in, we used to refer to those as crackerjack staff told him, said, Mr. taxes, and yet you have all these addi- ‘‘horrendaplasties,’’ when something President, you know, there is this tional people, millions, maybe 100 mil- horrible happens to a person, and it problem in the bill where it doesn’t lion that have morphed off of their em- could, any motor vehicle accident. make people verify who they are. You ployer plan into the government plan, Have that catastrophic coverage. Get know, they don’t have to show a photo and we can’t pay for all of them. So an insurance policy where you have a ID or a secure Social Security number what are you going to do? You are high deductible and maybe you have to to attest that truly they are here in going to have to raise taxes and cut re- pay $3,000 or $4,000 out of your own this country legally. And if you don’t imbursement to the providers, to our pocket before insurance kicks in, but require that, as we do, by the way, Mr. rural hospitals who have a dispropor- we want to encourage people to at least Speaker, in other safety-net programs tionate share of the poor that they are do that. like Medicaid and like the SCHIP pro- trying to treat and people who can’t But this bill, the big fat one, H.R. gram, the Children’s Health Insurance pay, so you are going to lower reim- 3200, actually allows the government to Program, if we don’t require that in bursement to them. say, no, that is not good enough. You this new reform bill, you are going to And finally, you are going to say to have a mandate. You have to have have—let me tell you, that’s just—you the patient, you know what, we would health insurance, but this high deduct- might as well point a strong electro- love to be able to fix your hip, but you ible, low premium that you can afford, magnet to the southern border and say, are 85 years old and we just can’t afford that gives you that catastrophic cov- you know, Come on, hey, have we get a it. You are just going to have to take erage, that doesn’t count. We are not deal for you. We’ve got a great edu- a little Advil or aspirin. And by the going to count that as health insur- cation system. We’ve got a great way, we will pay for a walker and an ance. And so we are going to mandate health care system, the best in the alarm that you can wear on your belt if that you have coverage and we are world and, you know, you too can you happen to fall. But we will not fix going to mandate that you have high enjoy that. your hip or replace your knee. That first dollar and very high premium No, the American people don’t want happens in other countries that have that you can’t afford, and you are prob- it. I don’t want it, nobody in this

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.080 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10445 Chamber should want it. So no tax- blockage or their blood pressure goes have to gut Medicare if you’ll do these payer-funded coverage for illegal immi- up. And you know, here they’ve been things. And Number 10. And this is the grants. Number 7. Now, the last three paying, and then all of a sudden we get last in the list of the 10 prescriptions items in this Health Care Bill of an economy like we have today and for a healthy America, called the Rights, we’ve spent a little time here, they lose their job, and then they try Health Care Bill of Rights, H.R. 3700, Mr. Speaker, talking about what my to get insurance after COBRA runs out, the promise to reduce health care cost. bill would prohibit in any health care if they’re even eligible—they have to Why should we do anything if it or health insurance reform. Now, I work for a company that has more doesn’t bring down the cost? And so want to talk about the next three than 20 employees to be eligible for far, Mr. Speaker, the Congressional items, 8, 9 and 10, which would assure COBRA. And let’s say that runs out. Budget Office is just saying repeatedly, what we have in any health care re- And then they’re out of luck. Mr. it doesn’t. form bill or health insurance reform. Speaker, they can’t get coverage. What this bill, H.R. 3200, no matter And Number 8, and the President has Well, that’s not fair. That’s abso- how you slice it and dice it and com- been very firm on this, and I agree with lutely unfair. And I would say, under bine it with the one out of the Ways him completely. The Democratic ma- Number 8, to the insurance companies, and Means Committee and the one that jority has been very firm on this, and I you need to cover that person for the came through the Education and Labor agree with them completely. Pre- rest of their life, or at least until they Committee and you shake it all around existing condition coverage. Insurance go on Medicare, and you need to cover and let it come through the Rules Com- companies would not be allowed to them at standard rates because you mittee; it doesn’t bring down the cost. deny coverage to people because of pre- have made a really good profit off of In fact, it bends the curve in the wrong existing conditions. And that denial them and now, when they need you, direction. So my bill would assure that can take two shapes, Mr. Speaker. It you should not be allowed to abandon we reduce health care cost. H.R. 3400 can be an outright denial of saying, No, them. These are the kind of things that does that. Senator Dr. TOM COBURN’s I’m sorry, you know, you’ve got high we can agree on. And I think we do. bill that he cosponsored with Rep- blood pressure or you’ve got diabetes And quite honestly, Mr. Speaker, I resentative PAUL RYAN from Wis- or you’ve had a coronary bypass and think the insurance industry, the consin, our ranking member on the we’re not going to offer you insurance. health insurance industry, they’re Budget Committee here in the House— You’re just not insurable. You’re too ready to do that. They have already that bill brings down the cost of health big a risk for us. made commitments and they’re ready care. Or they could do it another way and to do that. And these are some of the So that’s my pledge. That’s the bill say, oh, yeah, heck yeah, we’ll cover things that we can do. And that’s Num- that I wanted to talk about today to you. We’re a great, good company and ber 8 in my Health Care Bill of Rights. my colleagues, Mr. Speaker, and I hope want to get some good PR out of this. The ninth thing, we’ve already that they will look at it. You know, But oh, by the way, your premium’s talked about a little bit, medical liabil- I’ve got a—I carry this around in my going to be four times standard rates. ity reform. You know, there are a lot pocket. And colleagues, you can go to Well, that’s pretty much a denial too. of different ideas out there, not just gingrey.house.gov and look for the People can’t afford that, so Number 8 is mine, although I’ve introduced a bill Health Care Bill of Rights or 10 Pre- very important. Preexisting condition every year since I’ve been here for the scriptions for a Healthy America. coverage. You know, you think about last 7 years, calling on certain specific That’s what we’ve talked about here somebody that—I talked about young things. I won’t get into the details over this last hour, almost an hour. people and wanting to encourage them today, Mr. Speaker, but it’s called the And I commend it to my colleagues, to have health insurance. Let’s say you Health Act. And it’s a fair bill that and I welcome their ideas. My door’s are 19 years old, straight out of high guarantees that patients that get in- open, just as the President said his school and have your first job, or 25 jured by a health care provider or hos- door’s open and he welcomes our ideas. years old, right out of college or grad- pital where they’re practicing below It’s a sharing. It’s a bipartisan thing. uate school, have your first job, and the standard of care for that commu- Yes, let’s stop bickering and let’s get you’re one of those people I described nity, they’ve just messed up, that pa- the job done. I thank you for the time, that’s in good health and you think, tients do not lose their right to a re- Mr. Speaker, and I will now yield back. gee, you know, I’d rather just kind of dress of their grievances to be com- f go bare and pay my own way. And I’ll pensated for their lost wages and for put money aside each month in an es- any health care that they need for the HEALTH CARE REFORM crow account. I’ll have a special sav- rest of their lives, quite honestly. In The SPEAKER pro tempore. Under ings account, and I’ll save this money, some cases you’re talking about a com- the Speaker’s announced policy of Jan- and when I need it—hopefully I won’t. pensation or a judgment in the mil- uary 6, 2009, the gentleman from Iowa Maybe I’ll have an annual physical and lions of dollars. (Mr. KING) is recognized for 60 minutes. spend $175. But I’m not going to get So we don’t deny that in wanting li- Mr. KING of Iowa. Mr. Speaker, I ap- sick because I’m taking care of myself. ability reform. What we try to do is cut preciate the privilege and honor of ad- I’m not like a lot of people who show down on frivolous lawsuits so that doc- dressing you here on the floor of the no personal responsibility in regard to tors are not spending so much time House of Representatives. And I also their own health. worrying about this and running up the appreciate the opportunity to listen to And so you know, they really don’t cost of health care for everybody else my good friend and colleague, Dr. want to spend $400, $500, $600 a month by ordering needless, cover-your-back GINGREY from Georgia. I think he’s ac- paying a premium when they’re not tests that, in some cases, could be tually putting out a few more words using it. But they do it anyway. They downright detrimental to the health of per minute than he usually does. This do it anyway. And they work for a the patient. And of course, so many is a passionate subject matter for him, company for 20 years, and for the first doctors in high-risk specialties, at a and the bills that he’s introduced and 15 they’re paying that same premium fairly young age, before they turn 50, the foundation that he’s laid, I think, that everybody else pays. They have to they give it up. They stop delivering is an excellent rebuttal to the state- because of the Federal law, called babies. They won’t go to the emer- ment that was made earlier in the 5 HIPPA, and they’re paying those pre- gency room. So surely the President minutes by the gentlelady from Cali- miums but yet the insurance company means what he says when at least he fornia who said, Republicans, where is is not having to pay out any claims for promises pilot projects on medical li- your plan on health care? them. ability reform. Well, we have many, many plans on But during that time, you know, all Please, Mr. President, please, it could health care. And we have many, many of a sudden they get a little skin can- save $120 billion a year. You would not ideas on how to address this. And they cer that has to be removed. Or maybe have to tax people, the small business are consistent. They are consistent they have a little chest pain and it men and women $800 billion and cause with human freedom and the instincts turns out they’ve got some coronary us to lose more jobs, and you would not of humanity. They’re consistent with

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.082 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10446 CONGRESSIONAL RECORD — HOUSE October 1, 2009 the marketplace, consistent with the b 1630 But by 1975, Mr. Speaker, I had con- foundation of what has made this a We know how that came out, Mr. cluded that if I were going to control great country. And on the other side of Speaker. We look back on that 15 years my destiny, it didn’t pay for me to sit the aisle they seem to be consistent ago, we know how it came out. And back and wait for the government to with managed economies and managed that was there was a push-back across send me a check. The eagle wasn’t societies, the kind of societies that the land. I don’t know that we actually going to fly for STEVE KING unless I did have always failed, the kind of soci- used that expression in those days. But something to make the nest and get eties that have drained away human I recall Harry Louis and I recall Sen- the eggs laid and hatch those eggs out. ambition and put countries, entire na- ator Phil Gramm, who, right down this I had to take care of my own destiny. tionalities in a position where, I be- hallway at the other end of the doors So one day in June of 1975, I decided lieve it was Ronald Reagan that said, that you and I are facing, Mr. Speaker, that I didn’t have a lot of alternatives, In the Soviet Union they pretend to at the other end of this Capitol Build- but one of those was to take a risk and pay people, and in the Soviet Union, ing, stood on the floor of the United a chance and start a business. And I de- people pretend to work. States Senate and he said, This Na- cided it was the best alternative. And so by August of that year, I had bor- There’s something about human na- tional Health Care Act will pass over my cold, dead, political body. That was rowed a hundred percent and gone out ture that we understand over here on and bought a bulldozer, and that was this side of the aisle, and we want the Senator Phil Gramm. And a lot of peo- ple thought that his political body was the business, it was the foundation of best out of all of us. And so I’d take us going to be cold and dead and that we the business. I don’t know how many back to the broader structure of what would have HillaryCare in America. hundred pounds of welding rods I has been delivered here on the House. It didn’t take 15 years to find the re- burned on that machine and how much There’s really only one bill out here sults of that, Mr. Speaker, because the repair work I had to do just to put it that has passed out of committees and American people rejected the idea that out on the job for the first hour. By the is before the American people as the the freedom that they had to purchase way, it broke down again in the first subject matter to be discussed, and their own health insurance and the half a day and back to the shop it went, that is, here in the House, H.R. 3200. freedom that they had to make many and I had to tear it completely down, And I have, first, Mr. Speaker, a dia- of their own decisions with their doctor rebuild it again and try again. gram of the previous bill that came out in the marketplace would be taken Many of us who have started busi- in 1993 and ’94 that was known in many away, and it would be government run nesses got knocked down over and over ways as HillaryCare. And so I have an and government owned. again, picked ourselves up again, and observation here that I will post. This, This is the flowchart that described in the process of doing that were forced Mr. Speaker, is the flow chart of it better than anything else. I would to learn the components of running a HillaryCare. This is out of the archives submit as we look at these stacks of business. And anybody that started out of the New York Times. And it also is bills, an 1,100-page bill in H.R. 3200, the with—I’ll say for me it was a negative very close, if not identical to the flow health care bill that has passed out of net worth in a highly capital-intensive chart that was on the wall of my office committee and is here waiting to come business and had to meet payroll and back in the early and mid-nineties, ac- to the floor of the House, you can’t un- meet the government regulations. And tually all the way through the nine- derstand the language; I don’t care how by the way, back then—I did a count. I ties. good a lawyer you are if you have some had 43 government agencies that regu- This is the flow chart that was laid diagrams. And you have to be able to lated my business. I had to answer to 43 out when the previous attempt to take look at the flowchart and track government agencies, and if any one of over health care, for the government to through the diagrams to find out what them stepped in at any time and de- take over the American health care the language does, draw some pictures, clared me to be out of compliance, they system, was made. Here, on this floor, so to speak. And even then I believe it could either levy a fine or shut me a few feet behind where I stand now, at is impossible for a single individual to down. Government was then the biggest the time President Bill Clinton came analyze this legislation and be able to fear that I had when I started the busi- to the floor, September 22, 1993, and he predict the pitfalls that are created by ness. I wasn’t worried so much about did the unprecedented thing. He asked the vagaries in the language. There are whether I could do the work or I could to address a joint session in Congress many. But this was enough to scare the liv- repair the machines or whether I could to speak of a subject matter that ing daylights out of the American peo- drive the truck. I wasn’t even so wor- wasn’t about war. That was the unprec- ple and me. And in fact, Mr. Speaker, ried about whether I could market the edented component of it. But it was this flowchart was one of the signifi- service that I had decided to provide. about the Federal Government taking cant components that drove me to take All of those things were going to take over 100 percent of the health insur- time away from my private business, time and effort, and all of those skills ance and health care delivery system the construction business that I start- had to be improved upon. But the one I in the United States of America. That ed in 1975. was most concerned about was how do is a huge reach, and it was something And, Mr. Speaker, I seldom tell the I possibly meet all of the government that mobilized the American people in story about that background, but I regulations that I don’t even know. opposition. There were good reports on think for the sake of those who are lis- And there isn’t any one single con- President Clinton’s speech imme- tening—and we all want to evaluate tact go-to point that any person who is diately after he gave it, because he, the background of the people that are starting a business to find out how like our current President, had an abil- making recommendations for all 306 many regulations you’re going to have ity and retains that ability to be a million Americans. For me, Mr. Speak- to meet, what will be the nature of compelling speaker and to move people er, I grew up in a lower-middle class that regulation. If you just stacked it with the force of his words and not nec- family. My father was a law enforce- all up, stacked up all of the paperwork essarily the force of ideas, but the tone ment worker, a manager of the State and the regulations for 43 agencies that and the force of the words themselves. police radio station, middle-level man- regulated me at that time, if I had So President Clinton, in the after- agement. So he had pressure from the known that, that would have been math of that September 22, 1993, speech Governor on down and then he had enough to scare me completely out of right here to this joint session of Con- some people who worked underneath business before I ever went into busi- gress, his numbers moved and it looked him. Great reverence for the rule of ness. like he had perhaps broken the dam law, a profound work ethic that some- I lay this background to tell you, Mr. and there was going to be a National thing had to be going on all the time Speaker, that I met payroll for over 28 Health Care Act that would transform and you had to constantly be making years, over 1,400 consecutive weeks, and take over the entire health insur- progress. and I paid myself last, if at all; and I ance industry and the health care de- That was my background. No busi- paid my employees first and then I fed livery system in the United States. ness background. the kids. But we got through those

VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.083 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10447 years, and we had our ups and downs. color. This is a 2009 version, the most and your doctor, don’t worry, you get And I would never categorize it as a recent version of a government take- to keep it—if you noticed, he had to magnificent success except that being over of the health care industry; and I change the language when he stood a business owner, a founder and a man- mean, Mr. Speaker, the health insur- here and gave his address to the joint ager had laid the groundwork for me to ance industry and the health care de- session of Congress—I believe that was understand the components of the livery industry in America. This 171⁄2 September 8. That’s within a day, Mr. other businesses in the country and percent of our Nation’s economy and Speaker, and his language changed to gave me the tools that I had the flexi- this flowchart with this full color is actually be: ‘‘Nothing in this bill will bility to raise my family in a fashion scarier yet. force you to give up your doctor or that I thought was far more construc- Now, I don’t mean that it’s actually your health insurance policy.’’ tive than it might have been if some- scarier by functionality, because mar- Well, I don’t know that that’s true one else were telling me when and ginally it at least leaves the oppor- because something in this bill may where I was going to show up to work. tunity for health insurance companies force those companies out of business And it also gave me a burning desire to to survive for a while. But, Mr. Speak- and may disqualify your health insur- try to clear some of the path for others er, it certainly sets the scene for the ance policy, and it may discourage that might want to do the same thing. destruction of every private health in- your doctor to the point where he de- So regulation has always been, I’ll surance company in the United States cides that he wants to go drive a taxi say in the last couple of generations and the elimination, potentially, of cab like they do in Cuba. If you want anyway, the number one concern of every health insurance policy in the to meet a doctor in Cuba, take a taxi. business. What will government do not United States. In fact, H.R. 3200 com- You’ll get in the back seat of a 1954 for us, but what will government do to pels that every health insurance policy Chevy with a five cylinder Russian die- us. within 5 years be approved by the sel in it, and the guy behind the wheel So this was 1975 when I began. We health choices administration commis- might be a doctor. They have a lot of had our ups and downs, Mr. Speaker. I sioner. doctors in Cuba. It pays better to drive had barely gotten a position that I was This bill sets up a new health choices a taxi cab. even there to be a target of the farm czar. It calls him a commissioner be- So this reach that we have of taking crisis in the 1980s. But I went through cause Americans are full up to here the private insurance companies, 1,300, all of that, and many of us got ham- with czars, but this is a health choice and force their 100,000 policies to go mered flat over and over again and got administration commissioner. I don’t through new regulations to be writ- back up. And some of my neighbors know that he’s a czar; I don’t know ten—and we know there are going to be didn’t make it. And some of them, that he’s a commissioner; I don’t know fewer than 100,000 policies—so people their spirit was destroyed even though if he’s a commissar. So I have called will lose their policies. they made it. Those were tough years. him the Health choice administration’s I hope the President, Mr. Speaker, And the floods in 1993 and the other commi-czar-issioner. And he would be turns on C–SPAN and understands experiences along the way that I could the person who heads up this commis- what I’m saying. He can’t say it any chart on my financial statements, the sion through which every health insur- more, Mr. President. If anything more ups and downs, all are triggered with ance company here, the private insur- like this passes, people will lose their some kind of an event. ers, everything in white on this are ex- policies, and they’re likely to lose their But the experience of dealing with isting. Those in color are newly created doctor. government and the experience of hav- agencies, departments, and function- And you haven’t told the Speaker of ing to be my own accountant, me- alities. the House that she can’t support some- chanic, truck driver, my own sales Thirteen hundred private health in- thing like this if she’s going to be con- manager, my own human resources surance companies. That sounds like a sistent with the intent of the language manager, my own equipment operator, big number. Some of those companies that she used herself. sometimes my shovel operator, some- have names for the different States So, Mr. Speaker, I’ll submit that times the wrench operator, sometimes that they operate in. But, Mr. Speaker, this, the recharacterization, needs to just the person who is the super- 1,300 health insurance companies here revert back to the language of the bill. intendent that steers everybody else and the 100,000 potential, I’ll say exist- And we need to understand what hap- when things are working and it’s all in ing, policy variations here, the tradi- pens when bureaucrats make decisions. tune, that’s when you’re the least busy. tional health insurance plans, would And by the way, we sometimes just I went through all of that. all have to be qualified by this new need to listen to the people on the I had to also deal with lawyers and commi-czar-issioner’s board in order to other side of the aisle. They’re for sin- insurance men and also, of course, our provide through this period of 5 years gle-payer government takeover. A hun- bankers. All of that laid a background to qualify, in order to provide the dred or more of them have signed a let- and I think a knowledge base that’s qualified health benefits plans. ter saying they would vote against a been so very useful here in public life. So every health insurance policy in health care bill if it didn’t have a ‘‘gov- But of all of the things that I men- America would have 5 years to be ap- ernment option.’’ Excuse me, that’s tioned, the one that’s concerned me the proved by the new health choices not the right quote. The quote is a most from the beginning, and the commi-czar-issioner. And the regula- ‘‘public option.’’ greatest impediment to people who tions would be written by them. So we Mr. Speaker, a public option is a gov- might be entrepreneurs that want to have a piece of legislation that sets up ernment option. It is a government establish and found a business, are gov- a commission that would write new takeover of the health care industry ernment regulations. And this spider regulations, the commission to be eventually. And, by the way, this is the web of government regulations that named later, to write regulations that purple circle of the 100,000—it won’t be were created by HillaryCare was would be named later that would con- 100,000—but those that are left of the enough to—didn’t scare me out of busi- trol the destiny of 1,300 health insur- original 100,000 policies and the 1,300 ness because it didn’t pass over Sen- ance companies and 100,000 health in- companies. This purple circle, the ator Phil Gramm’s cold, dead, political surance policy varieties, options that qualified health benefits plans, that body, but it was enough to scare me to- the American people have. will be the private sector that actually wards politics, if not completely into All of that would have to jump meets the regulations after 5 years. politics. And I think it was enough to through the hoops to be created later Fewer companies, fewer policies. We scare the living daylights out of the after the legislation has passed by peo- don’t know how many, but we do know American people, and they killed ple to be appointed later, including the this: the government then would HillaryCare. health choice administration commi- produce a public health plan. That’s Now we have the modern era. Fast czar-issioner. the second purple circle here. They forward 15 years, Mr. Speaker. The pre- So for the President to make the would be under this health insurance vious chart, Mr. Speaker, was black promise to the American people that if exchange. So envision that as maybe and white. This is in full living techni- you like your health insurance policy an Internet site you would go to that

VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.084 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10448 CONGRESSIONAL RECORD — HOUSE October 1, 2009 had a series of bureaucrats behind Program. We had property and cas- alism and the markets and personal re- there that would make recommenda- ualty insurance companies in the pri- sponsibility. I heard the gentleman tions, evaluate policies, and let you vate sector that sold flood insurance. from Ohio say last night, I believe it look at the government option versus But when the government got involved, was, that if you get sick, you may have the private sector option. they set new premiums and new regula- to go into bankruptcy to pay your b 1645 tions, and they still couldn’t crack into bills. He then asked the question, is the market well enough. And so then that freedom? Well, yes, actually. This But this public health plan, this gov- they passed a regulation that required is a country that if you’re going to ernment option, has to be set up with that a real estate loan through a na- have freedom, you have to be willing to Federal taxpayer dollars. You can’t tional bank had to include flood insur- take some risks. You have to have the start an insurance company without ance. And when they put that mandate freedom to succeed, and you have to capital. Where is it going to come on the national banks, they required have the freedom to fail. from? The American taxpayers. And the flood insurance to be purchased— Now, I’m all about, and many of us where does our money come from now from where? The Federal Government. are about reaching out to our neigh- after we have long past burned through With premiums set by? The Federal bors and our friends, and we don’t want the tax revenue for the 2009 fiscal year? Government. people that have been responsible to It comes from the Chinese and the Today, it is impossible to buy flood have to pay a consequence because Saudis. And we are borrowing money insurance in America from anyone they happen to be very misfortunate. from foreign countries. We are bor- other than the National Flood Insur- But by the same token, I don’t want to rowing money to buy things from ance Program because the Federal Gov- take away the personal responsibility them, and now we would be borrowing ernment has squeezed out all of the from the American people. money to start up a health insurance competition, and the Federal Govern- I remember when Jimmy Carter was company. In any case, it would be na- ment owns the entire territory. running for President. He said this pro- tional debt money, billions that would We have today—I say ‘‘we,’’ the Fed- found thing. Well, for Jimmy Carter, be the capital foundation to set up an eral Government has a monopoly on this was a profound thing. He said, the insurance company so that there would flood insurance. And their operation is people that work should live better be conceivably 1,301 health insurance pretty wobbly because they are $19.2 than those that don’t. Now I don’t companies. One more company. billion in the red. That’s billion with a know whether he actually lived by that The President’s view was, we need B, Mr. Speaker. The National Flood In- or set policy by that. But I remember more competition in the health insur- surance premiums don’t reflect the when he said that because it caught my ance industry. So, if 1,300 companies is risk. They’ve pushed out all the com- attention. This was maybe 1976 or so. not enough, set up a Federal company. petition. They’ve lowered the pre- The people that work should live better That will be the difference. And we will miums. And now what are we doing as than those that don’t. The people who borrow money and put billions into it. a result? We are building more and step up and take responsibility should And now this enterprise, this Federal more and developing more and more at least have a modicum of benefit for enterprise that is in direct competition real estate in floodplains because the taking that responsibility. with the private companies has to suc- premiums for the flood insurance are But the effort over on the Democrat ceed. cheaper than the risk. And so people side of the aisle seems to be take all Well, if it can’t sell policies, it can’t can do that, and we create more risk the responsibility away from the peo- succeed. So how does the government accordingly. ple because I think they disrespect the go about doing this? Well, they set the The markets, Mr. Speaker, can re- ability, the work ethic, the character, premiums low enough and the benefits strain and bring about rational deci- the morality, the discipline, the edu- competitive enough that they can get sions. Bureaucrats make mistakes over cation, the intellect and the core val- people to buy the policies, otherwise and over again. That’s the Federal ues that we have as American people. they are an irrelevant entity. flood insurance. That’s what will hap- We can rise above anything. Mr. So I guess you would say that’s fine, pen to this Federal health insurance if Speaker, we are not a regular people except we need to understand this. The it should get passed. here in America. We’re Americans. regulations that would be written for In addition, we have the school loan We’re not just an extension of Europe. the government plan would be regula- program. Twenty-five years ago, that That was the base of our original popu- tions that are written so the govern- was completely private. The private lation. We are far different from that. ment plan can compete with all of lending institutions set up the school We are a people that are the recipients these private plans, which means that loan program. But today, thanks to of all the best that came from Western the regulations would be written to some very liberal Members of Congress, civilization. But we have got also the favor the government plan. And the it looks like the steps have been taken cream of the crop from every donor civ- premiums the government would that will, within a very short period of ilization. charge would be premiums that are de- time, squeeze out what is left of the The vitality that it must have taken signed to be competitive, and I’m going private school loan program, the school and the dreams that it must have to say likely cheaper than can be of- loan program, where I will predict that taken to be able to get on a ship and fered in the private sector. And so the within 5 years from today, if there isn’t find a way to barter your way for pas- result of that will be that either we are a dramatic difference in the elections sage or pay the passage to come across going to have to subsidize the govern- that are taking place in this country, here. My great grandfather multiple ment plan health insurance company, there will be nothing but government times over came over here in 1757 from or we are going to have to regulate student loans. There will no longer be England. He served as an indentured these private sector businesses out of any private student loans. servant in a livery stable and paid off business. This is a country that was built on his passage. He was the father of 17 It’s how government operates. We free enterprise. We are a proud and kids, and their dreams were realized. have several models that we can look independent people. We are slowly set- And multiple generations arrived here at. tling into dependence. that way. That’s part of what is the The simplest and most stark of them We have handed over the private sec- core of who it is to be an American. It all is the National Flood Insurance tor flood insurance. And by the way, in is not a normal, regular thing. We’re Program. If you want to know, Mr. the State of Florida, they have State not just an extension of Europe or any Speaker, how health insurance will go hurricane insurance now that owns other country. We have a special vital- if we have the government option, look that market, because they decided gov- ity, because it has been hard to get at the National Flood Insurance Pro- ernment could do it better than the here, and you had to have a dream to gram. We had a government option on private sector. come here. The people that didn’t have Federal flood insurance. In 1968, this Over and over again, we give up our a dream stayed home in their own Congress passed legislation that estab- freedoms and we forget about the country. And some of them sat back lished the National Flood Insurance underpinnings of American exception- and didn’t work and didn’t excel.

VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.085 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10449 Many came here for religious free- difference between being an American that you came out ahead. In other dom. Many came here for economic and being a regular dependent soul in a words, if you went to see a doctor be- freedom. And many more came here for social democracy in Western Europe, fore World War I, it was certainly after religious and economic freedom. That for example. the Civil War, but if you got sick and beacon of the Statue of Liberty was in We have got to remember: We are went to see a doctor, at least 50 percent the minds of the American people and Americans. We are a distinct group of of the time you would leave the doctor an inspiration for the world long before people. That kind of idea of socialized worse than where you started. And the statute was put up at Ellis Island. medicine is anathema to freedom-lov- that is, of course, kind of a grim situa- We are a unique people that have relied ing, freedom-breathing people. If we tion to be very sick and have to see a upon this freedom. Our vitality has bargain it away, it’s never to be re- doctor knowing you have got less than been an inspiration for the world. tained again, not in this generation, a 50 percent chance to do better than We sit in the Congress and we begin not in any other. when you started. to erode these freedoms one after an- I will conclude and go to the gen- Mr. KING of Iowa. If the gentleman other after another and trade them off tleman from Missouri. would yield, how would you compare for a dependency. If we take this false There’s a lot at stake here. The fu- those results to the results of dealing clarion call that somehow we can push ture of America is at stake. And it is with the Pelosi Congress today? the expenses for this, the debt for this, not just this national health care act. Mr. AKIN. I’m afraid that America is off on to the succeeding generations, It is the socialized medicine that lies probably less healthy under the results what moral standard would anyone underneath it. It is the cap-and-trade of the Pelosi Congress. If you were to have to make a declaration to the lit- which pushes our industry to India and judge in economic terms, you would be tle kids growing up in America and China. It’s the comprehensive amnesty talking in trillion-dollar measure- those children not born, that we, our policy that they are preparing to de- ments of less healthy. You would be generation, in our time, have somehow liver. If any combination of these three talking about excessive spending and a right to put them in debt in the first should become law, they will try to excessive government control. place? And secondly, what right do we ram the rest of them through. And I think sometimes history is so close have to put them in debt because we that, Mr. Speaker, sounds to me like to us we fail to grasp the significance. want to give everybody in America not the end of American freedom. Did you ever stop to think that the health care—not health care—because I will stand and fight it every step of President of the United States fired the everybody in America has access to the way, as will my friend from Mis- President of General Motors? That is health care. The argument is we want souri (Mr. AKIN) to whome I will be an incredible intrusion that our fore- to give everybody in America a health very happy to yield whatever time he fathers would say, What? I can’t be- insurance policy created by the govern- may consume. lieve that. ment. Mr. AKIN. It’s my pleasure to join And now we are talking about this Think how this works. This single- my good friend. And as you talk a lit- isn’t just a sort of semi-benign Lyndon payer national health care plan is the tle bit about freedom, you have spoken Baines Johnson war on poverty. He fig- goal of the President of the United in somewhat general terms about the ured out there were people that were States, the goal of the Speaker of the effects of the government taking over hungry out there, so he decides to hand House and the goal of the leadership paying the doctors and what that out some food stamps, which has here. And I know that there is ref- would do. But I would like to get a lit- turned out to be a very corrupt pro- erence made to the chairman of the Ju- tle bit more into the details, because I gram. diciary Committee, Mr. CONYERS. I think we have to remember the results b 1700 went back and pulled a bill that he had of what that freedom has done in the introduced on health care in 1981. It’s area of medicine. So he decides to hand out some food getting to be a while back now, 28 The level of innovation that has oc- stamps, which has turned out to be a years ago. I know Mr. GINGREY ref- curred in medicine in a free society very corrupt program, but he didn’t try erenced him in his earlier speech. But I such as ours is just incredible. And it is to have the government take over read the bill. That bill I read. It was America that drives all of these new every supermarket and every farm in about 167 pages. It sets up a United developments of various drugs. It is America. States health services department, an America that is driving all of these You’ve got 100 million people that agency. things like laser surgery for eyes. have got good health insurance, good It says in there that every human We see examples now of something relations with their doctors and hos- being, every person, in the United that was considered a very risky and pitals, getting good medical treatment, States, legal and illegal, whatever strange procedure that wasn’t covered and for what he started saying, 30 mil- their status might be, whatever their by insurance company, called Lasik lion, and then your chart I see coming proclivities might be, has a right to surgery for your eyes, which now is tre- up is going to explain about how small quality, timely and respectful health mendously common. My wife had some this is. care, a right to this in 1981. It’s pretty 10 years ago, and her vision was ter- So we’re going to basically have the astonishing to read that. rible. It’s much better than mine now government take over the entire sys- Now you can have that concept, I because of the fact we had this innova- tem and mess everything up for 100 guess, and that is the concept of the tion. We have innovation in terms of million people in order to try and help chairman. But to follow this thing heart surgery and the way that we deal 15 million? I mean, just the common along, he also declares that everybody with that. My dad just had a seven-way sense of this. And you’re talking about has a right to this health care, legal heart bypass. That was something that the Pelosi Congress. I will tell you, the and illegal, but in addition, all health wasn’t available 30, 40 years ago. And patient is a lot sicker than they were 6 care workers will be salaried employ- he is surviving and doing well at 88 months ago, my friend. ees. So he sets up a national company years old. There are so many different Mr. KING of Iowa. Reclaiming my to manage all the health care in Amer- kinds of innovations, use of radiation time and thanking the gentleman from ica, and no worker can be there work- which is now focused in a very, very Missouri, and I hope we can continue ing off a fee for service. The brilliant tiny area to be able to destroy cancer, this dialogue. You’ve inspired me to go surgeons that are creating new ways to and different types of drugs and things. with this other chart. Some say 50 mil- save lives and improve the quality of All of this innovation is the product of lion uninsured. The highest number I lives, and new surgical techniques and freedom, because as people take risks generally hear is 44 million to 47 mil- new equipment, they would all have to and try new ideas, new and better ways lion, but this is the 47 million unin- be paid at the end of the month just to do things are born. sured chart. like the person who is, let me say, It struck me, my good friend from Now, the President has said there are maintaining the building. Iowa, that it was said that it wasn’t two things that are very compelling It takes away the incentive. You until about the First World War that that cause us to have to go down this have forgotten completely about the when you got sick and went to a doctor path of a national health care plan.

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.087 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10450 CONGRESSIONAL RECORD — HOUSE October 1, 2009 One is we spend too much money. We huge will to resist addressing mal- Mr. AKIN. So what we’re doing, gen- spend about 14.5 percent of our GDP on practice and the reform of lawsuit tleman, is we’re saying we’re going to health care. The average of the indus- abuse. That’s the best and most impor- scrap the whole system, have the gov- trialized world is 9.5 percent. tant thing we could do. ernment take it over, because of that So we may spend too much. We could We evaluate these bills on the part of little 4 percent thing. I came from the fix almost all that with tort reform a 10-year plan; $203 billion a year. If we engineering world, and there’s one and allowing people to buy insurance could fix it all, that’s over $2 trillion. thing about solving a problem. There’s across State lines. The too much ques- The President, in fixing the health care another one to have a solution to just tion, spending too money can be fairly industry that he says costs too much try to force your solution on some- easily resolved. The other component money, only proposes to fix it by put- thing that doesn’t make sense. of this is too many uninsured. ting another $1.6 trillion into it. So we It appears to me that the solution is The gentleman from Missouri. simply fix the malpractice and we have we want the government to run every- Mr. AKIN. Now, who is it that should been able to fund all the other ideas thing. We want the government run- allow the Federal Government to tell which I don’t agree with. That’s a com- ning health care, so we’re going to American citizens whether they’re ponent of this. It needs to happen. force a government solution just be- spending their money in the right And then we have the uninsured, Mr. cause of that little red—that isn’t even place? Isn’t that kind of this Big Gov- AKIN. I would like to raise the issue a decent piece of pie. You couldn’t even ernment top-down mindset that comes about the uninsured. These 47 million— gain any weight on that amount. up with something as dumb as that? now, this chart has got somebody else’s Mr. KING of Iowa. A tiny little sliv- If you’re sick, you’re going to spend software that did it, so I will tell you er. Even though 12.1 million people are as much money as you need to try and the numbers that I remember that I a lot of people, they’re still a small get well. Who’s to tell you you spent have vetted to be accurate. percentage of the American population. too much or too little? Even the very Starts out with 47 million uninsured. And to upset a hundred percent of the sniff of that speaks of this Big Govern- We need to fix this because there are health insurance industry, perhaps de- ment mindset. too many uninsured in America. So stroy a hundred percent of the health Mr. KING of Iowa. I’d suggest it’s what are they comprised of? All people insurance industry and change the de- probably the predecessors to Merkel, who don’t have affordable options? No livery system for the best health care Sarkozy, and Gordon Brown, or maybe is the answer, and here’s what it’s com- delivery system in the world, all of even they, themselves. In fact, I heard prised of. that—this is an excuse for a govern- an actual dialogue with Chancellor An- These are the illegal aliens. This ment takeover. It’s not a reason. gela Merkel, We spend too much on chart says 6 million. Mine said 5.2 mil- And if there’s anything that my fa- health care. They have that look-over- lion. Then you have those that are here ther taught me, he said, you know, our-shoulder tendency, as if global in the country legally that the law Son, there’s a difference between rea- norms would be right. I remember one bars from benefits. That’s the 5-year sons and excuses. And I’m you’re dad of those contributors to global norms bar. It’s a matter of solid Federal prac- and I will tell you I know the dif- would be the health care industry in tice. They add up to 10 million—10.2 ference. And I don’t have to explain it Iraq. When we went in there in March million, actually. to you. I will just label them as such. Then you have those who earn more of 2003, the average annual expenditure Well, this is an excuse, and I will than $75,000 a year. That’s about 9 mil- for health care per person in Iraq was label it as such. It’s not a reason, not lion people. And, presumably, they fifty cents per year. So I suppose you a reason to upset the entire industry, could write a check and buy them- but an excuse because the people on could add that into the global average. selves at least catastrophic insurance. We do spend a lot of money. We get this side of the aisle believe in Big They are not in a position where we great results. And I haven’t heard the Government. They don’t believe in the need to tax somebody that makes less American people complaining all that American people, and they are sapping to take care of those people that are much about their results, because they our vitality. making more. Mr. AKIN. Gentleman, the truth of are great results. But if we want to Then you go on down the line. Those the matter is we’re not standing here take the cost down, then we take care that are eligible for government pro- defending everything about the Amer- of medical malpractice. grams; that number is actually 9.7 mil- ican health care system. There’s things I talked to an orthopedic surgeon— lion. Most of that is people that qualify that need to be changed, and we’ve and my days blend together, but I be- for Medicaid but don’t bother to sign talked about those things. You have lieve it was yesterday—that out of his up. And then you have those that are mentioned on the floor that tort re- small little operation they spend more eligible for employer insurance, rough- form has to be a big part of it because than a million dollars a year in pre- ly 6 million people, that either opt out tort reform is just using up a whole lot miums for malpractice and in unneces- or don’t opt in to their employer-of- of money that doesn’t need to be spent, sary—unnecessary tests in order to fered plan. which could be spent on good medicine. avoid the litigation. Defensive medi- So once you add up all of these peo- So that’s one item. cine, over a million dollars a year out ple and you subtract these numbers But there’s some other things that I of what he considers to be a small prac- that I believe are not the target of this think almost any American, if you tice; what I consider to be he’s a great dialogue and rhetoric or the bill, you heard about it, would say, Oh, yeah, contributor to our society and to our end up with 12.1 million Americans that’s right. For instance, there are civilization. That’s multiplied across that don’t have affordable options. some people in America who get to buy the country. That’s less than 4 percent of the popu- their health insurance using pretax When I hear numbers that come from lation. dollars; whereas, small business men representatives that are part of the This is what it looks like, Mr. Speak- and self-insured people have to use the health insurance underwriters in er. This is the entire population of the money they pay after they’ve paid America and they tell me that 8.5 per- United States here, 306 million people, taxes on the money. cent of the overall health care costs maybe 307 million by now, and these So that’s not just justice. People are are malpractice premiums, litigation, are the categories that I have men- not equal before the law. We say we’re and defensive medicine, those three tioned: illegals/immigrants; those with a Nation of laws, but that’s not a just things in that category, and I multiply $75,000 a year; those that qualify for, solution. What we should do is that ev- .085 times the gross receipts for the generally, Medicaid; those under an erybody should use the same equation. cost of health care, that comes to $203 employer’s plan. But over here, this lit- I think you and I would agree that we billion a year unnecessarily spent be- tle sliver in red, those are the Ameri- just pay for health insurance with cause the trial lawyers have that cor- cans without affordable options. Less pretax dollars. That would be making ner of the market fixed, and there’s no than 4 percent; 12.1 million people. everybody consistent. will on HARRY REID’s side of this Cap- All of the rest of these people, not There’s a second thing that we could itol building or NANCY PELOSI’s side of only are they insured, but they’re do. Another thing is the idea of a med- this Capitol building. In fact, there’s a happy with what we have. ical savings account. You could allow

VerDate Nov 24 2008 02:58 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.088 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10451 people with pretax dollars to set money ducing, tax-paying Americans, and on owner of a small business. Well, the aside. They could use that money to the senior citizen side you have Medi- small business guys are going to get buy health insurance or to pay medical care funded by the working, producing, soaked to have to pay for this plan, so bills. And if they don’t use it, they can tax-paying citizens. But in the middle, they’re not too enthused about it. Then keep it earning interest in an unin- those working, producing, tax-paying you have some other people. They call sured account. If they up and die, they citizens today at least have the free- themselves pro-lifers. They don’t like can pass it on to their kids. That dom to choose a policy of their choice, this plan very well either because there makes sense, too. That allows us to buy a policy of their choice or not buy was an amendment offered in com- allow Americans having their own a policy of their choice. And this bill, mittee making it clear that we weren’t money, buying health care, and that H.R. 3200, takes that away. going to use this government socialized equation starts to get people to shop And the subliminal message that I money to pay for free abortions. That for prices. So that’s another good idea. have not heard articulated that seems amendment was defeated in com- And there are quite a number of other to be viscerally understood is that the mittee. It is very clear that this money ones that we’ve proposed. people that are paying for Medicaid is going to go for abortions, and that’s You mentioned another one which and Medicare out of their paycheck be- why National Right to Life says, This makes a whole lot of sense. People say, cause they’re going to work every day is the biggest threat in the pro-life Oh, well, you’re trying to help the big and managing and planning, now the area since Roe v. Wade. insurance companies. No. What we government is saying, You no longer So the pro-life people don’t like this, want is reasonable competition. And have the freedom to choose your own. small business people don’t like it, that idea of being able to shop for You have to pay for everybody else’s. older people don’t like it. Then you health insurance across State lines is a You’ve been doing that a long time, have got the 100 million people that very effective and competitive mecha- but now we want to take away your have their insurance, doctors that they nism, because if one State has got laws right to buy your own health insurance like and a system that’s giving them that allow the insurance to be pur- policy. And that sticks in the craw of good health care, and basically you’re chased at a lower price, then why can’t the American people because it dimin- creating something that’s going to de- a citizen, particularly where we have a ishes freedom. stroy that, and they’re going to have to big metropolitan area that bridges two Mr. AKIN. That strikes me a little different areas, get their health insur- change to a government system within bit as, first of all, you run over them some number of years, so they’re not ance from places less expensive? with a car and then back over them to So there’s another idea that’s been liking this. say you’re sorry. I mean, you’re get- proposed. And there are other ones. I After you start adding those people ting them coming and going. don’t want to run too long on your together, it starts to make sense why First of all, they’re doing what we time, gentlemen, but there are a num- people don’t like this. And particu- would say is the right thing as a re- ber of things that we can do to make larly, most Americans at a funda- sponsible citizen—having a job, buying medicine better in our country. mental level understand that good Let me tell you. You know who votes health insurance, and trying to take health care has to start with a patient- with their feet? You get some sheik in care of their own bills—and now you’re doctor relationship. It has to start Bahrain or some other place or some going to tax them for doing the very with the doctor and the patient decid- other part of the world that’s loaded thing that you wanted them to do in ing what is the right health care alter- with millions of dollars and they get the first place. native. We don’t like it when some big sick, guess where they come to get There’s a basic rule of economics, insurance company sticks their nose in their medical care? They come to the and that is what you tax, you get less that relationship, and we like it a good old USA. That’s because our med- of, and what you pay for, you get more whole lot less when it’s going to be a ical system is not bad. It’s producing of. The more people you pay for free government bureaucrat. medical care, you’re going to get more very good results. It’s just that there’s Mr. KING of Iowa. Reclaiming again, and more people signed up for it. And a lot of cost shifting going on. I completely agree. As I’m listening to the more you tax people who are work- Here’s an idea, gentlemen. I just toss the gentleman from Missouri, the engi- ing and paying for their own health this out for you to think about it. neer who sees things in black and care, you’re going to get less of it. So Somebody summarized, if there is a white and finite formulas that work why in the world would we want to problem with American health care, out or else they can be checked and adopt a policy like that? the problem is this: that is that one- balanced, a logical approach is, let me The interesting thing is, gentleman, third of Americans are paying nothing say, that’s the engineering approach. this proposal, the Pelosi health care for it and the other two-thirds are pay- As I’m listening to this, it’s triggering proposal, in spite of the fact that a lot ing for it, and that that cost shift is in my memory some of the things of major media is pushing it and the the problem, that one-third are paying about what it was like to start and run President is pushing it and all kinds of nothing. And that’s part of what’s a business for 28 years and what the people like that are pushing it, the causing our cost shift problem. motivations are. Now my business, a I’d yield. American public is not buying this construction business, seasonal busi- Mr. KING of Iowa. Reclaiming, I thing. And I was just kind of thinking ness. I looked at it, and I look at it thank the gentleman from Missouri. in my mind, Who would be against from this concept: I wanted to have Initially, I put this concept out here, this? Why is it that the polling data people that I could rely on. I wanted it Mr. Speaker, that the circumstances shows that this is not popular with the to be a career. So I set things up where that are going on this way are that for American public? And I’m thinking, we would keep people on all year long, a long time those that are in the in- well, it’s almost like politics, in a way. come-earning and productive years of even though it was a seasonal business. b 1715 their lives have been paying for the And when things freeze up in Iowa, and health insurance, the health care of How many groups of people does this it gets cold, there is frost and the tem- those that are retired. We’ve decided to Pelosi plan antagonize? Well, let’s see. peratures go down, we move people do that. It’s a matter of public policy. First of all, if you’re on Medicare, into the shop where we would rebuild And I don’t hear an objection on the you’re going to take $500 billion out of our equipment. part of the people that are paying their Medicare. Well, the people who are on Sometimes we would take on some taxes on their payroll to support Medi- Medicare are thinking, I don’t want custom work, fixing somebody else’s, care. In fact, I don’t hear a complaint you to take $500 million out of the but we kept them around. I kept people very much on the funding that goes place where I’m getting my health. So around 12 months out of the year. I into Medicaid at the lower-income side. the older people—who are pretty reg- want them to have a health care pack- And, generally, the younger people are ular voters, by the way—they don’t age. I want them to have a retirement beneficiaries of Medicaid. like this thing. plan. I want them to have a vacation So you have on the low-income side Well, then you’ve got other people. plan. That’s all fine when you pay the Medicaid funded by the working, pro- Gentleman, you were a successful payroll, but when the government

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.089 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10452 CONGRESSIONAL RECORD — HOUSE October 1, 2009 interferes—for example, the unemploy- Mr. AKIN. You know, you talked Mr. KING of Iowa. The crimes that ment tax, and if they would offer un- about a lot of corrupt and illegal prac- they were promoting and supporting in employment benefits and sometimes tices, gentleman. And when I think of those five major cities, Baltimore, they gave unemployment benefits to ACORN, maybe as an engineer, I’m Washington, D.C., Brooklyn, San somebody that just didn’t want to thinking cause and effect. ACORN is Bernardino, California, and San Diego, work. But it was sometimes impossible more closely associated with the cen- California. All of that at an organiza- for me to fight it. tral nerve center and hub of what cre- tion, and the President claims that he So even though I had my reading at ated the housing crisis and the housing is not paying attention to this. I will zero, if you’re not willing to fight that, bubble in America. They’re the ones submit, he knows who Joe Wilson is. many others would see it go up to 9 that basically started all of these bad He knew who Professor Gates was. He percent, and they’d pay the percent of loans which Wall Street then lied got involved in Officer Crowley’s law their payroll to unemployment because about, saying that they were good enforcement up near Harvard, but he government regulation had decided loans, packaged them up and sold them says he doesn’t know what’s going on they knew better than the market- all over the world, creating the current in ACORN, even though I have seen the place. As I said, the year-round work economic crisis. So if you want to look videotape of the President speaking to part of this, keep people working year at the epicenter of what created, for ACORN, telling them, We walk this round. Well, the incentive is, if you’re many of us who lost 30, 40 percent of walk together. ACORN was involved in going to pay unemployment at the top our life savings in this economic mess, promoting a whole series of crimes rate anyway, you might as well lay you’re looking at the symbol of that within these five cities, including: pro- people off rather than keep them work- ACORN. I’m glad you’ve got a line motion of child prostitution; illegal through it because we don’t owe them ing when you don’t really need them. immigration; violations of the Mann So instead, they become piecemeal any favors. Mr. KING of Iowa. These are the peo- Act; helping to facilitate mortgages for workers rather than career employees. ple that are undermining American a house of ill repute and telling them Then the Federal Government de- how to avoid taxes, report only 10 cents cided, you shall pay union scale, Davis- freedom more aggressively than any other. They’re in many, many walks of on the dollar and then qualify for the Bacon wage scale, and we’ll decide life. Their influence is pervasive. They earned income tax credit, tapping what those categories are. Now you are at the core of the mortgage melt- money out of the taxpayer; and the have people jockeying for a position, down crisis. The intimidation factors, child care tax credit for little children undermining the efficiencies, and the the shakedown in the cities of the lend- prostitutes. Federal Government looking over your ers and at the same time the lobbying And were these mothers that were shoulder, telling you how to run your effort where they spent millions in this sitting behind the desk at ACORN business. All of that still has created Congress to push to lower the under- when we saw the face of them? I heard inefficiencies by government regula- writing standards on the secondary children playing in the background. tion that bring about the illogical, ir- market of Freddie Mac and Fannie They’re recruiting girls to be pros- rational business decisions until you Mae. The chairman of the Finance titutes while girls are being raised in consider the government regulation. Committee, Mr. FRANK, has been en- the background. Those things hap- Then it becomes rational within those gaged in lowering and fighting off the pened, and there are some similarities rules. increased capitalization requirements in five cities across America. And To throw this health care thing on of Freddie Mac and Fannie Mae, and that’s not the full spectrum. The voter- top of it, employers that have that was lobbied by ACORN. If you registration fraud, the voter election capitulated and decided they’re going look back through the financial crisis fraud. Today in the State of Nevada, to use people as piecemeal workers in the community level, it is ACORN at ACORN, as an entity, is under prosecu- rather than career employees because the core of that. The President of the tion right now. The trial is going on of too much regulation, they’re going United States has been at the begin- right now about ACORN’s fraudulent to also decide, I’m not going to pay ning of this. His entire political career voter registrations, and Troy, New this health insurance. I am just going he has been part and parcel, tied to York, fraudulent votes—Mr. Speaker, to pay the premium. I’m going to add ACORN, and he has said so, and the this has got to stop. it on to the price of the work I’m videotape is available. f doing, and it undermines the relation- Mr. AKIN. The interesting thing is, ship between employers and employees. our judicial system should be pun- SPECIAL ORDERS GRANTED That’s a component of all this. ishing lawbreakers, and yet what we By unanimous consent, permission to I wanted to throw out before our saw just a few weeks ago was a couple address the House, following the legis- time ticks down, in what I believe is of courageous—I don’t know if they lative program and any special orders about 6 minutes, a little subtle segue, were college students—some gal with heretofore entered, was granted to: Mr. AKIN. I think most of America some pretty legs going in with a hidden (The following Members (at the re- should know what this little subtle camera at ACORN and getting all of quest of Mrs. CAPPS) to revise and ex- segue is. This is a pervasive influence the financial information necessary tend their remarks and include extra- of the corrupt criminal enterprise and the legal information, how they neous material:) ACORN. ACORN has developed since could set up a house of ill repute, bring Ms. WOOLSEY, for 5 minutes, today. 1970, 39 years, to be this insidious oper- in underage illegals to work, to write Mrs. CAPPS, for 5 minutes, today. ation of now, according to a Govern- them off as dependents so that the tax- Ms. KAPTUR, for 5 minutes, today. ment Reform report issued by Mr. ISSA payer is paying some of the tab so that Mr. SCHIFF, for 5 minutes, today. of California on July 23, 361 affili- this guy could run for Congress because (The following Members (at the re- ations, affiliations that have been en- he started this illegal brothel. quest of Mr. GOHMERT) to revise and ex- gaged in shaking down lenders across This whole thing is on tape, and yet tend their remarks and include extra- this country in 120 cities. we’ve got the Justice Department and neous material:) Put this in your mind, Mr. Speaker. all of these institutions of law in Mr. FORBES, for 5 minutes, today. This of Chicago, Chicago politics, Chi- America that should have been crack- Mr. BROUN of Georgia, for 5 minutes, cago hardball politics. The make-a- ing down on this organization; instead, today. deal—this is shakedown. The head of you’ve got a couple of courageous kids Mr. POE of Texas, for 5 minutes, Oc- ACORN who recruited President that are barely out of college, taking tober 8. Obama and is proud of their relation- some videos and capturing the atten- Mr. JONES, for 5 minutes, October 8. ship has bragged about going into lend- tion and building the rage of the Amer- Mr. WOLF, for 5 minutes, today. ers’ offices and shoving the banker’s ican public. It is just mind-boggling Mr. BURTON of Indiana, for 5 minutes, desk over against the wall and sur- that our government is so inefficient October 6, 7 and 8. rounding him with ACORN people and and so unable to stop this organization Mr. PENCE, for 5 minutes, today. intimidating that lender into making that passed out money like it was Mr. GOHMERT, for 5 minutes, October bad loans in bad neighborhoods. water down here in Washington, D.C. 6, 7, and 8.

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K01OC7.090 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE October 1, 2009 CONGRESSIONAL RECORD — HOUSE H10453 BILLS PRESENTED TO THE 3881. A letter from the Secretary, Depart- the Federal Vacancies Reform Act of 1998; to PRESIDENT ment of Education, transmitting the Depart- the Committee on Oversight and Govern- ment’s final rule — International Education ment Reform. Lorraine C. Miller, Clerk of the Programs [Docket ID ED-2009-OPE-0002] 3893. A letter from the Acting Assistant House reports that on September 30, (RIN: 1840-AC97) received August 25, 2009, Secretary, Legislative Affairs, Department 2009 she presented to the President of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of State, transmitting a report pursuant to the United States, for his approval, the mittee on Education and Labor. the Federal Vacancies Reform Act of 1998; to following bills. 3882. A letter from the Director, OSHA Di- the Committee on Oversight and Govern- rectorate of Standards and Guidance, De- ment Reform. H.R. 3593. To amend the United States partment of Labor, transmitting the Depart- 3894. A letter from the Acting Assistant International Broadcasting Act of 1994 to ex- ment’s final rule — Updating OSHA Stand- Secretary, Legislative Affairs, Department tend by one year the operation of Radio Free ards Based on National Consensus Standards; of State, transmitting a report pursuant to Asia, and for other purposes. Personal Protective Equipment [Docket No.: the Federal Vacancies Reform Act of 1998; to H.R. 2131. To amend the Foreign Affairs OSHA-2007-0044] (RIN: 1218-AC08) received the Committee on Oversight and Govern- Reform and Restructuring Act of 1998 to re- September 15, 2009, pursuant to 5 U.S.C. ment Reform. authorize the United States Advisory Com- 801(a)(1)(A); to the Committee on Education 3895. A letter from the Acting Assistant mission on Public Diplomacy. Secretary, Legislative Affairs, Department H.R. 2918. Making appropriations for the and Labor. 3883. A letter from the Assistant General of State, transmitting a report pursuant to Legislative Branch for the fiscal year ending Counsel for Legislation and Regulatory Law, the Federal Vacancies Reform Act of 1998; to September 30, 2010, and for other purposes. Department of Energy, transmitting the De- the Committee on Oversight and Govern- H.R. 3614. To provide for an additional tem- partment’s final ‘‘Major’’ rule — Energy ment Reform. porary extension of programs under the 3896. A letter from the Acting Assistant Conservation Program for Certain Industrial Small Business Act and the Small Business Secretary, Legislative Affairs, Department Equipment: Energy Conservation Standards Investment Act of 1958, and for other pur- of State, transmitting a report pursuant to and Test Procedures for Commercial Heat- poses. the Federal Vacancies Reform Act of 1998; to ing, Air-Conditioning, and Water-Heating H.R. 3607. To amend the Internal Revenue the Committee on Oversight and Govern- Equipment [Docket No.: EERE-2008-BT-STD- Code of 1986 to extend the funding and ex- ment Reform. penditure authority of the Airport and Air- 0013] (RIN: 1904-AB83) received September 24, 3897. A letter from the Acting Assistant way Trust Fund, to amend title 49, United 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Secretary, Legislative Affairs, Department States Code, to extend authorizations for the Committee on Energy and Commerce. of State, transmitting a report pursuant to 3884. A letter from the Director, Regu- airport improvement program, and for other the Federal Vacancies Reform Act of 1998; to latory Management Division, Environmental purposes. the Committee on Oversight and Govern- Protection Agency, transmitting the Agen- f ment Reform. cy’s final rule — National Emission Stand- 3898. A letter from the Acting Assistant ADJOURNMENT ards for Hazardous Air Pollutants: Area Secretary, Legislative Affairs, Department Source Standards for Aluminum, Copper, and Mr. KING of Iowa. Mr. Speaker, I of State, transmitting a report pursuant to Other Nonferrous Foundries—Technical Cor- the Federal Vacancies Reform Act of 1998; to move that the House do now adjourn. rection [EPA-HQ-OAR-2008-0236; FRL 8954-3] the Committee on Oversight and Govern- The motion was agreed to; accord- (RIN: 2060-AP85) received September 10, 2009, ment Reform. ingly (at 5 o’clock and 26 minutes pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 3899. A letter from the Acting Assistant p.m.), under its previous order, the mittee on Energy and Commerce. Secretary, Legislative Affairs, Department House adjourned until tomorrow, Fri- 3885. A letter from the Secretary, Federal of State, transmitting a report pursuant to Trade Commission, transmitting the Com- day, October 2, 2009, at 10 a.m. the Federal Vacancies Reform Act of 1998; to mission’s final rule — Telemarketing Sales the Committee on Oversight and Govern- f Rule Fees (RIN: 3084-AA98) received Sep- ment Reform. EXECUTIVE COMMUNICATIONS, tember 10, 2009, pursuant to 5 U.S.C. 3900. A letter from the Acting Assistant 801(a)(1)(A); to the Committee on Energy and ETC. Secretary, Legislative Affairs, Department Commerce. of State, transmitting a report pursuant to Under clause 2 of Rule XXIV, execu- 3886. A letter from the Secretary, Federal the Federal Vacancies Reform Act of 1998; to tive communications were taken from Trade Commission, transmitting the Com- the Committee on Oversight and Govern- the Speaker’s table and referred as fol- mission’s final rule — Health Breach Notifi- ment Reform. lows: cation Rule (RIN: 3084-AB17) received Sep- 3901. A letter from the Acting Assistant tember 10, 2009, pursuant to 5 U.S.C. Secretary, Legislative Affairs, Department 3877. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Energy and of State, transmitting a report pursuant to latory Review Group, Department of Agri- Commerce. the Federal Vacancies Reform Act of 1998; to culture, transmitting the Department’s final 3887. A letter from the Program Manager, the Committee on Oversight and Govern- ‘‘Major’’ rule — Farm Storage Facility Loan Health and Human Services, transmitting ment Reform. and Sugar Storage Facility Loan Programs the Department’s final rule — Breach Notifi- 3902. A letter from the Acting Assistant (RIN: 0560-AH60) received September 24, 2009, cation for Unsecured Protected Health Infor- Secretary, Legislative Affairs, Department pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mation (RIN: 0991-AB56) received August 25, of State, transmitting a report pursuant to mittee on Agriculture. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Federal Vacancies Reform Act of 1998; to 3878. A letter from the Director, Regu- Committee on Energy and Commerce. the Committee on Oversight and Govern- latory Management Division, Environmental 3888. A letter from the Acting Assistant ment Reform. Protection Agency, transmitting the Agen- Secretary, Legislative Affairs, Deaprtment 3903. A letter from the Acting Assistant cy’s final rule — Ametryn, Amitraz, Ammo- of State, transmitting a report pursuant to Secretary, Legislative Affairs, Department nium Soap Salts of Higher Fatty Acids, the Federal Vacancies Reform Act of 1998; to of State, transmitting a report pursuant to Bitertanol, Coppers, et al., Tolerance Ac- the Committee on Oversight and Govern- the Federal Vacancies Reform Act of 1998; to tions [EPA-HQ-OPP-2009-0251; FRL-8431-7] re- ment Reform. the Committee on Oversight and Govern- ceived September 10, 2009, pursuant to 5 3889. A letter from the General Counsel, ment Reform. U.S.C. 801(a)(1)(A); to the Committee on Ag- Department of Housing and Urban Develop- 3904. A letter from the Acting Assistant riculture. ment, transmitting a report pursuant to the Secretary, Legislative Affairs, Department 3879. A letter from the Director, Regu- Federal Vacancies Reform Act of 1998; to the of State, transmitting a report pursuant to latory Management Division, Environmental Committee on Oversight and Government the Federal Vacancies Reform Act of 1998; to Protection Agency, transmitting the Agen- Reform. the Committee on Oversight and Govern- cy’s final rule — Boscalid; Pesticide Toler- 3890. A letter from the Acting Assistant ment Reform. ances [EPA-HQ-OPP-2008-0624; FRL-8431-1] Secretary, Legislative Affairs, Department 3905. A letter from the Acting Assistant received September 10, 2009, pursuant to 5 of State, transmitting a report pursuant to Secretary, Legislative Affairs, Department U.S.C. 801(a)(1)(A); to the Committee on Ag- the Federal Vacancies Reform Act of 1998; to of State, transmitting a report pursuant to riculture. the Committee on Oversight and Govern- the Federal Vacancies Reform Act of 1998; to 3880. A letter from the Secretary, Securi- ment Reform. the Committee on Oversight and Govern- ties & Exchange Commission, transmitting 3891. A letter from the Acting Assistant ment Reform. the Commission’s final rule — Extension of Secretary, Legislative Affairs, Department 3906. A letter from the Acting Assistant the Temporary Exemptions for Eligible Cred- of State, transmitting a report pursuant to Secretary, Legislative Affiars, Department it Default Swaps to Facilitate Operation of the Federal Vacancies Reform Act of 1998; to of State, transmitting a report pursuant to Central Counterparties to Clear and Settle the Committee on Oversight and Govern- the Federal Vacancies Reform Act of 1998; to Credit Default Swaps (RIN: 3235-AK26) re- ment Reform. the Committee on Oversight and Govern- ceived September 16, 2009, pursuant to 5 3892. A letter from the Acting Assistant ment Reform. U.S.C. 801(a)(1)(A); to the Committee on Fi- Secretary, Legislative Affairs, Department 3907. A letter from the Acting Assistant nancial Services. of State, transmitting a report pursuant to Secretary, Legislative Affairs, Department

VerDate Nov 24 2008 01:27 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A01OC7.013 H01OCPT1 jbell on DSKDVH8Z91PROD with HOUSE H10454 CONGRESSIONAL RECORD — HOUSE October 1, 2009 of State, transmitting a report pursuant to 3921. A letter from the Wildlife Biologist, the Department’s final rule — Airworthiness the Federal Vacancies Reform Act of 1998; to U.S. Fish and Wildlife Service, Department Directives; Pilatus Aircraft Ltd. Models PC- the Committee on Oversight and Govern- of the Interior, transmitting the Depart- 6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, ment Reform. ment’s final ‘‘Major’’ rule — Migratory Bird PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, 3908. A letter from the Acting Assistant Hunting; Final Frameworks for Late-Season PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2- Secretary, Legislative Affairs, Department Migratory Bird Hunting Regulations [FWS- H4, PC-6/C-H2, and PC-6/C1-H2 Airplanes of State, transmitting a report pursuant to R9-MB-2008-0124] (RIN: 1018-AW31) received [Docket No.: FAA-2009-0622; Directorate the Federal Vacancies Reform Act of 1998; to September 23, 2009, pursuant to 5 U.S.C. Identifier 2009-CE-034-AD; Amendment 39- the Committee on Oversight and Govern- 801(a)(1)(A); to the Committee on Natural 15999; AD 2009-18-03] (RIN: 2120-AA64) received ment Reform. Resources. September 16, 2009, pursuant to 5 U.S.C. 3909. A letter from the Acting Assistant 3922. A letter from the Wildlife Biologist, 801(a)(1)(A); to the Committee on Transpor- Secretary, Legislative Affairs, Department U.S. Fish and Wildlife Service, Department tation and Infrastructure. of State, transmitting a report pursuant to of the Interior, transmitting the Depart- 3930. A letter from the Program Analyst, the Federal Vacancies Reform Act of 1998; to ment’s final ‘‘Major’’ rule — Migratory Bird Department of Transportation, transmitting the Committee on Oversight and Govern- Hunting; Late Seasons and Bag and Posses- the Department’s final rule — Airworthiness ment Reform. sion Limits for Certain Migratory Game Directives; Air Tractor, Inc. Models AT-802 3910. A letter from the Acting Assistant Birds [FWS-R9-MB-2008-0124] (RIN: 1018- and AT-802A Airplanes [Docket No.: FAA- Secretary, Legislative Affairs, Department AW31) September 23, 2009, pursuant to 5 2009-0489; DirectorateIdentifier 2009-CE-025- of State, transmitting a report pursuant to U.S.C. 801(a)(1)(A); to the Committee on Nat- AD; Amendment 39-16000; AD 2009-18-04] (RIN: the Federal Vacancies Reform Act of 1998; to ural Resources. 2120-AA64) received September 16, 2009, pur- the Committee on Oversight and Govern- 3923. A letter from the Wildlife Biologist, suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment Reform. U.S. Fish and Wildlife Service, Department mittee on Transportation and Infrastruc- 3911. A letter from the Acting Assistant of the Interior, transmitting the Depart- ture. Secretary, Legislative Affairs, Department ment’s final ‘‘Major’’ rule — Migratory Bird 3931. A letter from the Program Analyst, of State, transmitting a report pursuant to Hunting; Migratory Bird Hunting Regula- Department of Transportation, transmitting the Federal Vacancies Reform Act of 1998; to tions on Certain Federal Indian Reservations the Department’s final rule — Airworthiness the Committee on Oversight and Govern- and Ceded Lands for the 2009-10 Early Season Directives; Construcciones Aeronauticas. ment Reform. S.A. (CASA), Model CN-235, CN-235-100, CN- 3912. A letter from the Acting Assistant [FWS-R9-MB-2009-0124] (RIN: 1018-AW31) re- 235-200, and CN-235-300 Airplanes [Docket Secretary, Legislative Affairs, Department ceived September 23, 2009, pursuant to 5 of State, transmitting a report pursuant to U.S.C. 801(a)(1)(A); to the Committee on Nat- No.: FAA-2009-0386; Directorate Identifier the Federal Vacancies Reform Act of 1998; to ural Resources. 2008-NM-184-AD; Amendment 39-16002; AD 3924. A letter from the Wildlife Biologist, the Committee on Oversight and Govern- 2009-18-06] (RIN: 2120-AA64) received Sep- U.S. Fish and Wildlife Service, Department ment Reform. tember 16, 2009, pursuant to 5 U.S.C. 3913. A letter from the Acting Assistant of the Interior, transmitting the Depart- 801(a)(1)(A); to the Committee on Transpor- Secretary, Legislative Affairs, Department ment’s final ‘‘Major’’ rule — Migratory Bird tation and Infrastructure. of State, transmitting a report pursuant to Hunting; Early Seasons and Bag and Posses- 3932. A letter from the Program Analyst, the Federal Vacancies Reform Act of 1998; to sion Limits for Certain Migratory Game Department of Transportation, transmitting the Committee on Oversight and Govern- Birds in the Contiguous United States, Alas- the Department’s final rule — Airworthiness ment Reform. ka, Hawaii, Puerto Rico, and the Virgin Is- Directives; Pilatus Aircraft Ltd. Models PC- 3914. A letter from the Acting Assistant lands [FWS-R9-MB-2008-0124] (RIN: 1018- 6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, Secretary, Legislative Affairs, Department AW31) received September 23, 2009, pursuant PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, of State, transmitting a report pursuant to to 5 U.S.C. 801(a)(1)(A); to the Committee on PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2- the Federal Vacancies Reform Act of 1998; to Natural Resources. H4, PC-6/C-H2, and PC-6/C1-H2 Airplanes the Committee on Oversight and Govern- 3925. A letter from the Wildlife Biologist, [Docket No.: FAA-2009-0622; Directorate ment Reform. U.S. Fish and Wildlife Service, Department Identifier 2009-CE-034-AD; Amendment 39- 3915. A letter from the Acting Assistant of the Interior, transmitting the Depart- 15999; AD 2009-18-03] (RIN 2120-AA64) received Secretary, Legislative Affairs, Department ment’s final ‘‘Major’’ rule — Migratroy Bird September 16, 2009, pursuant to 5 U.S.C. of State, transmitting a report pursuant to Hunting; Final Frameworks for Early-Sea- 801(a)(1)(A); to the Committee on Transpor- the Federal Vacancies Reform Act of 1998; to son Migratory Bird Hunting Regulations tation and Infrastructure. the Committee on Oversight and Govern- [FWS-R9-MB-2008-0124] (RIN: 1018-AW31) re- 3933. A letter from the Program Analyst, ment Reform. ceived September 23, 2009, pursuant to 5 Department of Transportation, transmitting 3916. A letter from the Acting Assistant U.S.C. 801(a)(1)(A); to the Committee on Nat- the Department’s final rule — Airworthiness Secretary, Legislative Affairs, Department ural Resources. Directives; Fokker Model F.27 Mark 050 and of State, transmitting a report pursuant to 3926. A letter from the Wildlife Biologist, F.28 Mark 0100 Airplanes [Docket No.: FAA- the Federal Vacancies Reform Act of 1998; to U.S. Fish and Wildlife Service, Department 2009-0496; Directorate Identifier 2008-NM-139- the Committee on Oversight and Govern- of the Interior, transmitting the Depart- AD; Amendment 39-16001; AD 2009-18-05] (RIN: ment Reform. ment’s final ‘‘Major’’ rule — Migratory Bird 2120-AA64) received September 16, 2009, pur- 3917. A letter from the Acting Assistant Hunting; Migratory Bird Hunting Regula- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Secretary, Legislative Affairs, Department tions on Certain Federal Indian Reservations mittee on Transportation and Infrastruc- of State, transmitting a report pursuant to and Ceded Lands for the 2009-10 Late Season ture. the Federal Vacancies Reform Act of 1998; to [FWS-R9-MB-2009-0124] (RIN: 1018-AW31) re- 3934. A letter from the Program Analyst, the Committee on Oversight and Govern- ceived September 23, 2009, pursuant to 5 Department of Transportation, transmitting ment Reform. U.S.C. 801(a)(1)(A); to the Committee on Nat- the Department’s final rule — Airworthiness 3918. A letter from the Acting Assistant ural Resources. Directives; CFM International, S.A. CFM56- Secretary, Legislative Affairs, Department 3927. A letter from the Trial Attorney, Of- 5B1/P; -5B2/P; -5B3/P; -5B3/P1; -5B4/P; -5B4/P1; of State, transmitting a report pursuant to fice of Chief Counsel, Federal Railroad Ad- -5B5/P; -5B6/P; -5B7/P; -5B8/P; -5B9/P; -5B1/3; the Federal Vacancies Reform Act of 1998; to ministration, Department of Transportation, -5B2/3; -5B3/3; -5B4/3; -5B5/3; -5B6/3; -5B7/3; the Committee on Oversight and Govern- transmitting the Department’s final rule — -5B8/3; -5B9/3; -5B3/3B1; and -5B4/3B1 Turbofan ment Reform. State Highway-Rail Grade Crossing Action Engines [Docket No.: FAA-2008-0174; Direc- 3919. A letter from the Director, Regu- Plans [Docket No.: FRA-2009-0032; Notice No. torate Identifier 2008-NE-03-AD; Amendment latory Management Division, Environmental 1] (RIN: 2130-AC05) received September 18, 39-15997; AD 2009-18-01] (RIN: 2120-AA64) re- Protection Agency, transmitting the Agen- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived September 16, 2009, pursuant to 5 cy’s final rule — EPAAR Prescription and Committee on Transportation and Infra- U.S.C. 801(a)(1)(A); to the Committee on Clauses-Government Property-Contract structure. Transportation and Infrastructure. Property Administration [EPA EPA-HQ- 3928. A letter from the Program Analyst, 3935. A letter from the Chief, Publications OARM-2008-0817; FRL-8956-4] (RIN: 2030-AA98) Department of Transportation, transmitting and Regulations, Internal Revenue Service, received September 10, 2009, pursuant to 5 the Department’s final rule — Airworthiness transmitting the Service’s final rule — Dis- U.S.C. 801(a)(1)(A); to the Committee on Directives; Boeing Model 747-100, -100B, -100B regarded Entities Excise Taxes [TD 9462] Oversight and Government Reform. SUD, -200B, and -300 Series Airplanes; and (RIN:1545-BH91) received September 11, 2009, 3920. A letter from the Assistant Secretary Model 747SP and 747SR Series Airplanes pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- — Land and Minerals Management, Depart- [Docket No.: FAA-2009-0477; Directorate mittee on Ways and Means. ment of the Interior, transmitting the De- Identifier 2008-NM-191-AD; Amendment 39- 3936. A letter from the Chief, Publications partment’s final rule — Outer Continental 16003; AD 2009-18-07] (RIN: 2120-AA64) received and Regulations, Internal Revenue Service, Shelf — Technical Corrections [Docket No.: September 16, 2009, pursuant to 5 U.S.C. transmitting the Service’s final rule — Modi- MMS-OMM-2009-0008] (RIN: 1010-AD52) re- 801(a)(1)(A); to the Committee on Transpor- fications of Commercial Mortgage Loans ceived September 14, 2009, pursuant to 5 tation and Infrastructure. Held by a Real Estate Mortage Investment U.S.C. 801(a)(1)(A); to the Committee on Nat- 3929. A letter from the Program Analyst, Conduit (REMIC) [TD 9463] (RIN: 1545- ural Resources. Department of Transportation, transmitting BG77)received September 16, 2009, pursuant

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to 5 U.S.C. 801(a)(1)(A); to the Committee on and act on petitions by Indian groups apply- Mr. FOSTER, Mr. MAFFEI, Mr. BRADY Ways and Means. ing for Federal recognition, and for other of Pennsylvania, Mr. LYNCH, Ms. 3937. A letter from the Chief, Publications purposes; to the Committee on Natural Re- TSONGAS, Ms. MATSUI, Ms. LINDA T. and Regulations, Internal Revenue Service, sources. SA´ NCHEZ of California, Ms. EDDIE transmitting the Service’s final rule — Modi- By Ms. GINNY BROWN-WAITE of Flor- BERNICE JOHNSON of Texas, and Mr. fications of Commercial Mortgage Loans ida (for herself, Mr. TIBERI, and Mr. MARSHALL): Held by an Investment Trust [Notice 2009-79] REICHERT): H.R. 3692. A bill to protect inventoried received September 16, 2009, pursuant to 5 H.R. 3691. A bill to extend to 2010 the pro- roadless areas in the National Forest Sys- U.S.C. 801(a)(1)(A); to the Committee on gram for economic recovery payments estab- tem; to the Committee on Agriculture, and lished under the American Recovery and Re- Ways and Means. in addition to the Committee on Natural Re- investment Act of 2009; to the Committee on 3938. A letter from the Chief, Publications sources, for a period to be subsequently de- Ways and Means, and in addition to the Com- and Regulations, Internal Revenue Service, termined by the Speaker, in each case for mittees on Veterans’ Affairs, Transportation transmitting the Agency’s final rule — Ex- consideration of such provisions as fall with- amination of returns and claims for refund, and Infrastructure, and Appropriations, for a period to be subsequently determined by the in the jurisdiction of the committee con- credit or abatement; determination of cor- cerned. rect tax liability (Rev. Proc. 2009-45) received Speaker, in each case for consideration of such provisions as fall within the jurisdic- By Mr. BURGESS (for himself, Mr. September 16, 2009, pursuant to 5 U.S.C. tion of the committee concerned. DEAL of Georgia, Mr. LINDER, Mr. 801(a)(1)(A); to the Committee on Ways and By Mr. INSLEE (for himself, Mr. HIN- GINGREY of Georgia, Mr. ROE of Ten- Means. CHEY, Mr. GRIJALVA, Mr. JOHNSON of nessee, Mr. THORNBERRY, Mr. DENT, 3939. A letter from the Director, Child Nu- Illinois, Mr. KIRK, Mr. RAHALL, Mr. Mr. MCCAUL, Mr. SESSIONS, and Mr. trition Division, Department of Agriculture, HARE, Mr. BERMAN, Ms. MCCOLLUM, WALDEN): transmitting the Department’s final rule — Mr. NADLER of New York, Mr. VAN H.R. 3693. A bill to amend title XVIII of the Marketing and Sale of Fluid Milk in Schools HOLLEN, Mrs. MALONEY, Mr. GEORGE Social Security Act to modify Medicare phy- [FNS-2005-0009] (RIN: 0584-AD83) received MILLER of California, Mr. MORAN of sician reimbursement policies to ensure a fu- September 3, 2009, pursuant to 5 U.S.C. Virginia, Mrs. CAPPS, Ms. HIRONO, ture physician workforce, and for other pur- 801(a)(1)(A); jointly to the Committees on Ms. LEE of California, Mr. TIERNEY, poses; to the Committee on Energy and Com- Agriculture and Education and Labor. Mr. WEXLER, Mr. STARK, Mr. WAX- merce, and in addition to the Committee on f MAN, Mr. BOUCHER, Mrs. Ways and Means, for a period to be subse- HRISTENSEN ERRANO U quently determined by the Speaker, in each REPORTS OF COMMITTEES ON C , Mr. S , Mr. W , Mr. MURPHY of Connecticut, Mr. case for consideration of such provisions as PUBLIC BILLS AND RESOLUTIONS LEWIS of Georgia, Mr. CONNOLLY of fall within the jurisdiction of the committee Under clause 2 of rule XIII, reports of Virginia, Mr. CARNAHAN, Mr. SHER- concerned. committees were delivered to the Clerk MAN, Mr. FRANK of Massachusetts, By Mr. BROUN of Georgia: for printing and reference to the proper Mr. SMITH of Washington, Ms. ESHOO, H.R. 3694. A bill to establish judicial proce- Mr. OLVER, Ms. BALDWIN, Mr. calendar, as follows: dures for causes and claims relating to any LANGEVIN, Mr. COHEN, Mr. COSTELLO, action or decision by a Federal official re- Mr. BRADY of Pennsylvania: Committee Mr. GUTIERREZ, Ms. HARMAN, Mr. garding the leasing of Federal lands (includ- on House Administration. H.R. 2393. A bill to HASTINGS of Florida, Ms. NORTON, Mr. ing submerged lands) for the exploration, de- amend the Uniformed and Overseas Citizens HOLT, Mr. HONDA, Mr. KENNEDY, Ms. velopment, production, processing, or trans- Absentee Voting Act to improve procedures ZOE LOFGREN of California, Mr. mission of oil, natural gas, or any other for the collection and delivery of marked ab- MCGOVERN, Mr. NYE, Mr. MARKEY of source or form of energy, and for other pur- sentee ballots of absent overseas uniformed Massachusetts, Mr. HEINRICH, Mr. poses; to the Committee on the Judiciary. services voters, and for other purposes (Rept. PAYNE, Mr. MILLER of North Caro- By Mr. MURPHY of Connecticut (for 111–281). Referred to the Committee of the lina, Mr. QUIGLEY, Mr. LEVIN, Mr. himself and Mr. POE of Texas): Whole House on the State of the Union. DEFAZIO, Mr. MICHAUD, Mr. ACKER- H.R. 3695. A bill to authorize funding for, MAN, Mr. FILNER, Ms. WOOLSEY, Ms. f and increase accessibility to, the National BERKLEY, Mr. PALLONE, Mr. ROTHMAN Missing and Unidentified Persons System, to PUBLIC BILLS AND RESOLUTIONS of New Jersey, Ms. SCHWARTZ, Mr. facilitate data sharing between such system SCHIFF, Mr. MCNERNEY, Mr. JACKSON Under clause 2 of rule XII, public and the National Crime Information Center of Illinois, Mr. SCOTT of Virginia, Mr. bills and resolutions of the following database of the Federal Bureau of Investiga- RYAN of Ohio, Mr. PASCRELL, Mr. tion, to provide incentive grants to help fa- titles were introduced and severally re- HIGGINS, Mr. RANGEL, Mr. GRAYSON, cilitate reporting to such systems, and for ferred, as follows: Mr. DINGELL, Mr. SARBANES, Ms. other purposes; to the Committee on the Ju- By Mr. ISSA: DEGETTE, Mr. BLUMENAUER, Mr. diciary. H.R. 3687. A bill to amend the Immigration CLEAVER, Mr. LUJA´ N, Mr. SPRATT, By Mr. BACHUS (for himself, Mr. and Nationality Act to eliminate the diver- Mr. CLAY, Ms. SPEIER, Ms. DELAURO, BOEHNER, Mr. HENSARLING, Mr. GAR- sity immigrant program and to re-allocate Mr. CONYERS, Mr. PATRICK J. MURPHY RETT of New Jersey, Mr. JONES, Mr. those visas to certain employment-based im- of Pennsylvania, Mr. PERRIELLO, Mr. LANCE, Mr. MCCARTHY of California, migrants who obtain an advanced degree in YARMUTH, Mr. FARR, Ms. EDWARDS of Mr. ROYCE, Mr. MCCOTTER, Mr. the United States; to the Committee on the Maryland, Mr. SESTAK, Mr. PRICE of POSEY, Mr. KING of New York, Mrs. Judiciary. North Carolina, Mr. JOHNSON of Geor- CAPITO, Mr. GERLACH, Mrs. BIGGERT, By Mr. ARCURI (for himself, Mr. gia, Ms. SLAUGHTER, Mr. SNYDER, Mr. Mr. LEE of New York, Mr. MCHENRY, BUYER, Mr. CASTLE, Mr. POLIS of Col- MCDERMOTT, Mr. HALL of New York, Mrs. BACHMANN, Mr. MANZULLO, Mr. orado, Mr. DONNELLY of Indiana, and Mr. ANDREWS, Mr. SCOTT of Georgia, PRICE of Georgia, Mr. ISSA, and Mr. Mr. DEAL of Georgia): Mr. KILDEE, Mr. CHANDLER, Mr. SMITH of Texas): H.R. 3688. A bill to encourage programs of WATT, Mr. DOYLE, Mr. PETERS, Mrs. health promotion or disease prevention; to NAPOLITANO, Mr. NEAL of Massachu- H.R. 3696. A bill to prohibit recipients of the Committee on Energy and Commerce, setts, Mr. ISRAEL, Mr. COOPER, Mr. TARP assistance from funding ACORN, and and in addition to the Committees on Edu- ARCURI, Ms. SCHAKOWSKY, Mr. BISHOP for other purposes; to the Committee on Fi- cation and Labor, and Ways and Means, for a of New York, Mr. KUCINICH, Ms. nancial Services. period to be subsequently determined by the WASSERMAN SCHULTZ, Mr. RUSH, Mr. By Mr. COLE: Speaker, in each case for consideration of CARSON of Indiana, Ms. WATERS, Mrs. H.R. 3697. A bill to amend the Act of June such provisions as fall within the jurisdic- LOWEY, Mr. CUMMINGS, Ms. MOORE of 18, 1934, to reaffirm the authority of the Sec- tion of the committee concerned. Wisconsin, Mr. BRALEY of Iowa, Mrs. retary of the Interior to take land into trust By Mr. RAHALL (for himself and Mr. DAVIS of California, Mr. ALTMIRE, Mr. for Indian tribes; to the Committee on Nat- HASTINGS of Washington): ELLISON, Mr. MOORE of Kansas, Mr. ural Resources. H.R. 3689. A bill to provide for an extension BUTTERFIELD, Mr. GONZALEZ, Mr. By Mr. MORAN of Kansas: of the legislative authority of the Vietnam MEEK of Florida, Ms. KILROY, Mr. H.R. 3698. A bill to authorize grants to Veterans Memorial Fund, Inc. to establish a MASSA, Ms. CASTOR of Florida, Mrs. State and local law enforcement training Vietnam Veterans Memorial visitor center, MCCARTHY of New York, Mr. KIND, centers to provide training to State and and for other purposes; to the Committee on Mr. GENE GREEN of Texas, Mr. PAS- local law enforcement agencies and officers Natural Resources. TOR of Arizona, Mr. LIPINSKI, Ms. to communicate with telecommunications By Mr. FALEOMAVAEGA (for himself, ROYBAL-ALLARD, Ms. KILPATRICK of carriers in emergency situations, and for Mr. RAHALL, Ms. HIRONO, and Mr. Michigan, Ms. LORETTA SANCHEZ of other purposes; to the Committee on the Ju- ABERCROMBIE): California, Mr. ENGEL, Mr. TONKO, diciary. H.R. 3690. A bill to establish a Commission Ms. VELA´ ZQUEZ, Mr. DOGGETT, Ms. By Ms. LEE of California (for herself, on Recognition of Indian Tribes to review SUTTON, Mr. LANCE, Mr. DELAHUNT, Ms. WOOLSEY, Mr. MCGOVERN, Ms.

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WATERS, Mr. CONYERS, Mr. ELLISON, vidual holds a preexisting legal right to de- PRICE of North Carolina, Mr. TONKO, Mr. LEWIS of Georgia, Ms. WATSON, velop geothermal resources, and for other Mr. ARCURI, Ms. KAPTUR, Ms. SHEA- Mr. TOWNS, Mr. CLEAVER, Ms. JACK- purposes; to the Committee on Natural Re- PORTER, Ms. SUTTON, Mr. MCGOVERN, SON-LEE of Texas, Mr. COHEN, Mr. sources. Mr. ETHERIDGE, Ms. DELAURO, Ms. HONDA, Mr. GRIJALVA, Mr. By Mrs. LOWEY (for herself, Mr. VAN SCHAKOWSKY, Mr. MICHAUD, Mr. MCDERMOTT, Mr. STARK, Mr. HIN- HOLLEN, Mr. MORAN of Virginia, Ms. COSTELLO, Mr. ABERCROMBIE, Mr. CHEY, Mr. KUCINICH, Ms. EDWARDS of LEE of California, Mr. LEWIS of Geor- TIERNEY, Ms. TSONGAS, Mr. ANDREWS, Maryland, Ms. CLARKE, Mr. FILNER, gia, Mr. SHERMAN, Ms. BERKLEY, Mr. Mr. BRADY of Pennsylvania, Mr. and Mr. GRAYSON): ROTHMAN of New Jersey, Mr. GEORGE SERRANO, and Mr. SESTAK): H.R. 3699. A bill to prohibit any increase in MILLER of California, Mr. FARR, Mr. H.R. 3715. A bill to amend the Internal Rev- the number of members of the United States BLUMENAUER, Mr. HINCHEY, Mr. RAN- enue Code of 1986 to expand the rehabilita- Armed Forces serving in Afghanistan; to the GEL, Mr. FRANK of Massachusetts, tion credit, and for other purposes; to the Committee on Armed Services. Mr. BERMAN, Ms. DELAURO, Mr. Committee on Ways and Means. By Mr. GINGREY of Georgia: WEXLER, Mr. GRIJALVA, Mr. STARK, By Mr. STUPAK (for himself and Mr. H.R. 3700. A bill to establish requirements Mr. JOHNSON of Georgia, Mr. CON- WELCH): for any health reform legislation enacted by YERS, Mrs. MALONEY, Mr. HARE, Mr. H.R. 3716. A bill to make certain adjust- the Congress or the President during the MARKEY of Massachusetts, Mr. HOLT, ments to the price analysis of propane pre- 111th Congress; to the Committee on Energy Ms. WOOLSEY, Mr. CROWLEY, Ms. ZOE pared by the Secretary of Commerce; to the and Commerce. LOFGREN of California, Mrs. CAPPS, Committee on Energy and Commerce. By Ms. MCCOLLUM: Mr. PASCRELL, Mr. MOORE of Kansas, By Mr. TIAHRT: H.R. 3701. A bill to establish the More Mr. ACKERMAN, Mr. SERRANO, Ms. H.R. 3717. A bill to amend the Communica- Books for Africa Program to facilitate the BALDWIN, Ms. SCHAKOWSKY, and Mr. tions Act of 1934 to require a provider of a donation, processing, shipping, and distribu- WU): commercial mobile service or an IP-enabled tion of text and library books to African H.R. 3710. A bill to end the use of body- voice service to provide call location infor- schools, libraries, community centers, and gripping traps in the National Wildlife Ref- mation concerning the user of such a service other centers of learning in partnership with uge System; to the Committee on Natural to law enforcement agencies in order to re- United States-based entities, and for other Resources. spond to a call for emergency services or in purposes; to the Committee on Foreign Af- By Mr. NADLER of New York: an emergency situation that involves the fairs. H.R. 3711. A bill to authorize States or po- risk of death or serious physical harm; to the By Mr. BOOZMAN: litical subdivisions thereof to regulate fuel Committee on Energy and Commerce. H.R. 3702. A bill to amend the Controlled economy and emissions standards for taxi- By Mr. TOWNS (for himself, Mr. Substances Act to provide enhanced pen- cabs; to the Committee on Energy and Com- PIERLUISI, Mr. MICA, Mr. YOUNG of alties for marketing controlled substances to merce. Alaska, Mr. SERRANO, Ms. ROS- minors; to the Committee on the Judiciary, By Mr. PLATTS (for himself, Mr. LEHTINEN, Mr. MARIO DIAZ-BALART of and in addition to the Committee on Energy ARCURI, Mr. CAMPBELL, Mr. DOYLE, Florida, Mr. PASCRELL, Ms. and Commerce, for a period to be subse- Mr. GERLACH, Mr. HINCHEY, Mr. WASSERMAN SCHULTZ, and Mr. CROW- quently determined by the Speaker, in each ISRAEL, Mr. MURTHA, Ms. SCHWARTZ, LEY): case for consideration of such provisions as Mr. SHUSTER, Mr. BRADY of Pennsyl- H.R. 3718. A bill to amend the Internal Rev- fall within the jurisdiction of the committee vania, Mr. COHEN, Mr. FORTENBERRY, enue Code of 1986 to make residents of Puer- concerned. Mr. GORDON of Tennessee, Mr. to Rico eligible for the refundable portion of By Mr. BURTON of Indiana (for him- HOLDEN, Mr. MILLER of North Caro- the child tax credit; to the Committee on self, Mr. WEXLER, Mr. MCMAHON, and lina, Mr. PITTS, Mr. SESTAK, and Mr. Ways and Means. Mr. TURNER): WOLF): By Mr. BURGESS (for himself and Mr. H.R. 3703. A bill to require the President to H.R. 3712. A bill to require the Secretary of GONZALEZ): call a White House Conference on Autism; to the Treasury to mint coins in recognition of H. Con. Res. 193. Concurrent resolution ex- the Committee on Energy and Commerce. and to commemorate the 1863 invasion of pressing the sense of Congress regarding the By Mr. DEAL of Georgia: Pennsylvania, the Battle of Gettysburg, and need to pass meaningful legislation to pro- H.R. 3704. A bill to authorize a Department President Abraham Lincoln’s Gettysburg Ad- tect commercial and government data from of Veterans Affairs major medical facility dress; to the Committee on Financial Serv- data breaches; to the Committee on Science lease in Atlanta, Georgia; to the Committee ices. and Technology, and in addition to the Com- on Veterans’ Affairs. By Mr. ROGERS of Michigan (for him- mittee on Oversight and Government Re- By Mr. ELLISON (for himself, Mr. self, Mrs. BLACKBURN, Mr. SHIMKUS, form, for a period to be subsequently deter- MCGOVERN, Mr. GRIJALVA, Mr. CON- Mr. PITTS, Mrs. MYRICK, Mrs. BONO mined by the Speaker, in each case for con- YERS, Mr. SERRANO, and Mr. MACK, Mr. BUYER, Mr. UPTON, and sideration of such provisions as fall within HASTINGS of Florida): Mr. HALL of Texas): the jurisdiction of the committee concerned. H.R. 3705. A bill to amend the Richard B. H.R. 3713. A bill to provide bipartisan solu- By Mrs. BIGGERT: Russell National School Lunch Act and the tions to lower health costs, increase access H. Res. 789. A resolution expressing support Child Nutrition Act of 1966 to increase the to affordable coverage, and give patients for designation of October 2, 2009, as World number of children eligible for free school more choices and control; to the Committee MRSA Day; to the Committee on Oversight meals; to the Committee on Education and on Energy and Commerce, and in addition to and Government Reform. Labor. the Committees on Ways and Means, Edu- By Ms. BERKLEY (for herself, Ms. By Mr. GARRETT of New Jersey: cation and Labor, Appropriations, and the TITUS, Mr. HELLER, Mr. WAMP, Mr. H.R. 3706. A bill to require borrowers under Judiciary, for a period to be subsequently de- HASTINGS of Florida, Mr. ELLSWORTH, FHA-insured mortgages for single-family termined by the Speaker, in each case for Ms. CORRINE BROWN of Florida, Mr. housing to make downpayments of at least 5 consideration of such provisions as fall with- CARDOZA, Ms. WATSON, Mr. GENE percent and to prohibit financing of closing in the jurisdiction of the committee con- GREEN of Texas, Mr. COSTA, Mr. costs under such mortgages; to the Com- cerned. LANGEVIN, Mr. DONNELLY of Indiana, mittee on Financial Services. By Mr. SCHIFF (for himself and Mr. Mr. DUNCAN, Mr. DAVIS of Tennessee, By Mr. GARRETT of New Jersey: PENCE): Ms. LORETTA SANCHEZ of California, H.R. 3707. A bill to amend the Internal Rev- H.R. 3714. A bill to amend the Foreign As- Mr. HARE, Mr. KIND, Mr. HOLT, Mr. enue Code of 1986 to exclude combat zone sistance Act of 1961 to include in the Annual DRIEHAUS, Mr. WALZ, Mr. THOMPSON compensation of members of the Armed Country Reports on Human Rights Practices of Mississippi, and Mr. LOEBSACK): Forces from employment taxes; to the Com- information about freedom of the press in H. Res. 790. A resolution supporting the mittee on Ways and Means. foreign countries, establish a grant program goals and ideals of a national day of remem- By Mr. GARRETT of New Jersey: to promote freedom of the press worldwide, brance on October 30, 2009, for American nu- H.R. 3708. A bill to amend the Internal Rev- and for other purposes; to the Committee on clear weapons program workers and uranium enue Code of 1986 to exclude from gross in- Foreign Affairs. miners, millers, and haulers; to the Com- come the earned income of a spouse of a By Ms. SCHWARTZ (for herself, Mr. mittee on Oversight and Government Re- member of the Armed Forces of the United TIBERI, Mr. CARNAHAN, Mr. GORDON of form. States serving in a combat zone; to the Com- Tennessee, Ms. BERKLEY, Mr. WELCH, By Mr. GENE GREEN of Texas (for mittee on Ways and Means. Mr. LARSON of Connecticut, Mr. HIG- himself, Ms. JACKSON-LEE of Texas, By Mr. INSLEE (for himself, Mr. SIMP- GINS, Mr. NEAL of Massachusetts, Mr. Mr. POE of Texas, Ms. EDDIE BERNICE SON, Mr. MINNICK, and Mr. PASCRELL, Mr. DAVIS of Illinois, Mr. JOHNSON of Texas, Mr. KILDEE, Mr. BLUMENAUER): YARMUTH, Mr. LEWIS of Georgia, Mr. CULBERSON, Mr. BRADY of Texas, Mr. H.R. 3709. A bill to amend the Geothermal FATTAH, Mr. BLUMENAUER, Mr. OLSON, Mr. BARROW, Ms. DEGETTE, Steam Act of 1970 to authorize noncompeti- LANGEVIN, Mr. CONNOLLY of Virginia, Mr. BURGESS, Mr. INSLEE, Ms. WOOL- tive leasing of certain areas adjoining other Mr. HOLT, Mr. DOYLE, Mr. TURNER, SEY, Mr. GONZALEZ, Mr. THORNBERRY, lands for which a qualified company or indi- Mr. ALTMIRE, Mr. COURTNEY, Mr. Mr. AL GREEN of Texas, Mr.

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HINOJOSA, Mr. CUELLAR, Mr. H.R. 836: Mrs. HALVORSON and Mr. TURNER. H.R. 2404: Ms. SLAUGHTER. RODRIGUEZ, Mr. MCCAUL, Mr. LEWIS H.R. 868: Mr. SOUDER, Mr. SIRES, and Mr. H.R. 2406: Mrs. CAPITO and Mr. of Georgia, Mr. ABERCROMBIE, Mr. DOGGETT. FORTENBERRY. MOLLOHAN, Mr. COSTELLO, Mr. REYES, H.R. 932: Ms. MOORE of Wisconsin and Mr. H.R. 2421: Mr. SKELTON. and Mr. HONDA): LARSON of Connecticut. H.R. 2446: Mr. ROSS. H. Res. 791. A resolution congratulating H.R. 953: Mr. CHILDERS. H.R. 2452: Mr. KRATOVIL. the Aldine Independent School District in H.R. 1067: Mr. RYAN of Ohio and Mr. H.R. 2493: Ms. LORETTA SANCHEZ of Cali- Harris County, Texas, on winning the 2009 COURTNEY. fornia, Mr. BURTON of Indiana, and Mr. BACA. ‘‘Broad Prize for Urban Education’’; to the H.R. 1074: Mr. TURNER. H.R. 2499: Mr. CROWLEY. Committee on Education and Labor. H.R. 1079: Mr. BISHOP of Utah. H.R. 2502: Mr. BILBRAY and Mr. POLIS of By Mr. POSEY (for himself and Ms. H.R. 1086: Mr. GRAVES. Colorado. HIRONO): H.R. 1132: Mr. MCCLINTOCK. H.R. 2541: Mr. KIRK and Mr. SCHOCK. H. Res. 792. A resolution honoring Robert H.R. 1233: Mr. CHAFFETZ. H.R. 2553: Mr. LANCE. Kelly Slater for his outstanding and unprece- H.R. 1245: Mr. LEE of New York, Mr. OLSON, H.R. 2556: Mr. HOEKSTRA. dented achievements in the world of surfing Mr. LINCOLN DIAZ-BALART of Florida, and Mr. H.R. 2567: Mr. MASSA. and for being an ambassador of the sport and WAMP. H.R. 2573: Mr. DOYLE and Ms. BERKLEY. excellent role model; to the Committee on H.R. 1310: Mr. DRIEHAUS. H.R. 2584: Mr. CROWLEY, Mr. SNYDER, and H.R. 1351: Mr. CUMMINGS and Mr. DEAL of Oversight and Government Reform. Mr. COBLE. Georgia. By Mr. REYES (for himself, Mr. H.R. 2597: Mr. BOSWELL and Mr. H.R. 1352: Mr. MURTHA. HONDA, Ms. EDDIE BERNICE JOHNSON RUPPERSBERGER. H.R. 1378: Ms. GIFFORDS. of Texas, Mr. HINOJOSA, Mr. H.R. 2672: Ms. MARKEY of Colorado. H.R. 1398: Mr. PERLMUTTER. BUTTERFIELD, Ms. ZOE LOFGREN of H.R. 2698: Mr. YOUNG of Alaska. H.R. 1441: Mr. MILLER of North Carolina. RTIZ H.R. 2699: Mr. YOUNG of Alaska. California, Mr. O , Mr. H.R. 1521: Mr. HASTINGS of Washington and RODRIGUEZ, Mr. BACA, Ms. ROYBAL- H.R. 2727: Mr. EDWARDS of Texas, Mr. LI- Mrs. CAPITO. PINSKI, and Mr. MILLER of North Carolina. ALLARD, Mr. GRIJALVA, Mr. HOLT, Mr. ERMAN TARK H.R. 1569: Mr. B and Mr. S . H.R. 2788: Mrs. MILLER of Michigan, Mr. EHLERS, Mr. BARTLETT, Mr. MCGOV- H.R. 1596: Mr. MINNICK, Mr. RAHALL, Mr. ERN, Mr. OLVER, Ms. MATSUI, Mr. POSEY, Mr. LINDER, and Mr. GARY G. MILLER SNYDER, Mrs. MALONEY, and Mr. BERRY. of California. BOREN, Mrs. CHRISTENSEN, Mr. BISHOP H.R. 1618: Ms. RICHARDSON and Ms. SUTTON. H.R. 2817: Mr. HONDA. of Georgia, Mr. BURGESS, Mr. POE of H.R. 1623: Mr. INGLIS. H.R. 2842: Mrs. BACHMANN and Mr. MCCLIN- Texas, Mr. HALL of Texas, Ms. H.R. 1677: Mr. DEAL of Georgia, Mr. COLE, TOCK. CORRINE BROWN of Florida, and Mr. and Mr. GONZALEZ. H.R. 2852: Mr. KISSELL, Mr. BOUCHER, and FOSTER): H.R. 1695: Ms. FOXX. Mr. UPTON. H. Res. 793. A resolution supporting the H.R. 1766: Mr. CARSON of Indiana and Mr. H.R. 2879: Mr. TEAGUE. goals and ideals of National Chemistry THOMPSON of Mississippi. H.R. 2891: Mr. BOSWELL. Week; to the Committee on Science and H.R. 1792: Mr. ISRAEL. H.R. 2903: Mr. OBERSTAR and Mr. KAGEN. Technology. H.R. 1799: Mr. KAGEN. H.R. 2935: Mr. MILLER of North Carolina, By Mr. ROHRABACHER (for himself, H.R. 1800: Ms. HARMAN. Mr. CALVERT, Ms. MATSUI, Mrs. MILLER of Mr. DELAHUNT, and Mr. BURTON of In- H.R. 1826: Ms. TSONGAS and Ms. KAPTUR. diana): H.R. 1829: Mr. ETHERIDGE, Mrs. BIGGERT, Michigan, and Mr. TEAGUE. H. Res. 794. A resolution calling for a run- Mrs. MILLER of Michigan, and Mr. MILLER of H.R. 2936: Mrs. DAHLKEMPER. off election in Afghanistan between the two North Carolina. H.R. 3002: Mr. BLUNT. H.R. 3015: Mr. MARSHALL, Mr. CARTER, Mr. top finishers; to the Committee on Foreign H.R. 1831: Mr. LARSEN of Washington, Mr. BARTLETT, Mr. GRAVES, Mr. MILLER of Flor- Affairs. THOMPSON of Mississippi, Mr. FRANK of Mas- ida, Ms. GRANGER, Mr. ROONEY, Mr. SAM By Mr. SHUSTER: sachusetts, and Ms. TSONGAS. JOHNSON of Texas, Mr. SMITH of Nebraska, H. Res. 795. A resolution honoring the peo- H.R. 1908: Mr. KRATOVIL and Mr. Mr. ROGERS of Michigan, Mr. WOLF, Mr. ple of Shanksville, Pennsylvania, and the BLUMENAUER. BUYER, Mr. DENT, and Mr. WHITFIELD. Flight 93 Ambassadors for their efforts in H.R. 1941: Mr. SHULER. H.R. 3018: Mr. BURGESS, Mr. HALL of Texas, creating the Flight 93 temporary memorial H.R. 1987: Mr. JOHNSON of Georgia and Mr. Mr. TIBERI, and Mr. BARTON of Texas. and encouraging the completion of the Na- ORTIZ. H.R. 3044: Mr. CONAWAY, Mr. CARTER, Mr. tional Park Service Flight 93 National Me- H.R. 2000: Mr. SCHAUER and Mr. ABER- HUNTER, Mr. BILIRAKIS, Ms. KOSMAS, Mr. morial by the 10th anniversary of September CROMBIE. LUJAN, Mr. CRENSHAW, Mr. SCHOCK, and Mr. 11, 2001; to the Committee on Natural Re- H.R. 2001: Mr. POLIS of Colorado, Mr. KIL- HILL. sources. DEE, Ms. SCHWARTZ, Mr. ENGEL, Mr. ROTHMAN of New Jersey, Mr. PASCRELL, Mr. CASTLE, H.R. 3046: Mrs. MILLER of Michigan. f Mr. UPTON, Mr. SALAZAR, Ms. HIRONO, Ms. H.R. 3070: Mr. KILDEE. SHEA-PORTER, Mr. OLVER, Ms. BERKLEY, and H.R. 3116: Mr. BOCCIERI, Mr. BROWN of ADDITIONAL SPONSORS Mr. FILNER. South Carolina, Mr. DUNCAN, and Mr. PASTOR Under clause 7 of rule XII, sponsors H.R. 2017: Mr. CUMMINGS and Mr. REHBERG. of Arizona. were added to public bills and resolu- H.R. 2054: Mr. THOMPSON of Mississippi. H.R. 3140: Mr. JONES. tions as follows: H.R. 2109: Mr. WEXLER, Mr. COHEN, Mr. H.R. 3174: Mrs. CAPITO. EHLERS, Mr. PLATTS, and Mr. MCGOVERN. H.R. 3227: Ms. MARKEY of Colorado. H.R. 24: Mr. Harper. H.R. 2136: Mr. LATOURETTE, Mr. PRICE of H.R. 3251: Mr. SOUDER. H.R. 32: Mr. MCGOVERN, Mr. LEWIS of Geor- North Carolina, Mr. FATTAH, Mrs. H.R. 3355: Mr. COURTNEY and Mr. GERLACH. gia, Mr. TIERNEY, and Mr. LUCAS. CHRISTENSEN, Mr. THOMPSON of Pennsyl- H.R. 3375: Mrs. BLACKBURN. H.R. 124: Mrs. MILLER of Michigan and Mr. vania, Mr. GRIJALVA, Ms. HIRONO, Ms. H.R. 3380: Mr. LATOURETTE, Mr. SHERMAN, LINDER. CORRINE BROWN of Florida, Mr. PAYNE, and and Mr. PALLONE. H.R. 213: Mr. GOODLATTE, Mr. MOLLOHAN, Ms. SUTTON. H.R. 3400: Mr. GARY G. MILLER of Cali- Mr. GARY G. MILLER of California, and Mr. H.R. 2139: Ms. DELAURO, Mr. HASTINGS of fornia and Mr. HALL of Texas. KILDEE. Florida, Ms. ZOE LOFGREN of California, and H.R. 3407: Ms. GINNY BROWN-WAITE of Flor- H.R. 227: Mr. ROE of Tennessee. Mr. VAN HOLLEN. ida and Mr. KAGEN. H.R. 268: Mr. MANZULLO. H.R. 2149: Mr. BOUCHER. H.R. 3420: Mr. COHEN. H.R. 275: Mr. WOLF and Mr. KRATOVIL. H.R. 2176: Mr. MASSA and Mr. THOMPSON of H.R. 3421: Mr. ORTIZ, Mr. OLVER, Ms. SUT- H.R. 391: Mr. THORNBERRY, Mr. CULBERSON, Pennsylvania. TON, Ms. EDWARDS of Maryland, Mr. Mr. HOEKSTRA, Mr. KING of Iowa, Mrs. H.R. 2227: Mr. INGLIS and Mrs. BIGGERT. COURTNEY, Ms. WATSON, and Ms. WOOLSEY. MCMORRIS RODGERS, and Mr. RYAN of Wis- H.R. 2246: Ms. TSONGAS. H.R. 3427: Mr. FOSTER. consin. H.R. 2266: Mr. CARSON of Indiana, Mr. H.R. 3463: Mr. LATOURETTE. H.R. 422: Mr. BUTTERFIELD and Mr. MCCLIN- WATT, Mr. NADLER of New York, Mr. POLIS of H.R. 3486: Mr. HODES and Mr. DONNELLY of TOCK. Colorado, and Mr. THOMPSON of Mississippi. Indiana. H.R. 442: Ms. MARKEY of Colorado. H.R. 2267: Mr. THOMPSON of Mississippi and H.R. 3501: Mr. COHEN. H.R. 471: Mr. HOLDEN, Mr. LIPINSKI, and Mr. Mr. SMITH of Washington. H.R. 3510: Mr. COHEN and Mr. BISHOP of RYAN of Ohio. H.R. 2329: Mr. CARSON of Indiana. New York. H.R. 503: Mr. MARKEY of Massachusetts. H.R. 2336: Ms. ZOE LOFGREN of California. H.R. 3519: Ms. MARKEY of Colorado, Mr. H.R. 510: Mrs. MILLER of Michigan and Mrs. H.R. 2366: Mr. LATHAM. MORAN of Kansas, and Mr. COHEN. EMERSON. H.R. 2369: Mr. COHEN. H.R. 3524: Mr. KIND, Mr. MCNERNEY, Mr. H.R. 571: Mr. MILLER of North Carolina. H.R. 2393: Ms. FALLIN. CALVERT, Mr. THOMPSON of Mississippi, Mr. H.R. 579: Mr. COHEN. H.R. 2398: Mr. ROE of Tennessee, Mr. FILNER, and Mr. CONAWAY. H.R. 690: Mrs. CAPITO and Mr. REICHERT. GALLEGLY, and Mr. MILLER of North Caro- H.R. 3554: Ms. SUTTON. H.R. 718: Mr. SHUSTER. lina. H.R. 3569: Mr. LUCAS and Mr. WITTMAN.

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H.R. 3582: Mr. LATTA. H. Res. 159: Mr. BRALEY of Iowa, Ms. CHRISTENSEN, Mr. DAVIS of Illinois, Ms. H.R. 3586: Mr. WALZ. SCHWARTZ, Mr. QUIGLEY, Mr. MORAN of Vir- MOORE of Wisconsin, Mr. MEEK of Florida, H.R. 3608: Mr. JONES. ginia, Mr. MINNICK, Mr. HINCHEY, and Ms. Mr. PAYNE, Ms. EDDIE BERNICE JOHNSON of H.R. 3610: Mr. LATTA and Mr. JORDAN of BERKLEY. Texas, Mr. TOWNS, Ms. EDWARDS of Mary- Ohio. H. Res. 504: Mr. KIRK. land, and Mr. RUSH. H.R. 3611: Mr. MCMAHON. H. Res. 510: Mr. LANGEVIN. H. Res. 700: Mr. COHEN. H.R. 3612: Mr. SMITH of Texas and Ms. MAR- H. Res. 554: Mr. MINNICK, Mr. GINGREY of H. Res. 708: Mr. QUIGLEY, Mr. JOHNSON of Il- KEY of Colorado. Georgia, Mr. BOEHNER, Mr. FLEMING, Mr. linois, and Mr. JACKSON of Illinois. H.R. 3613: Mr. LUCAS, Mr. WITTMAN, and BISHOP of Utah, Mr. RADANOVICH, Mr. CAMP- Mr. SOUDER. BELL, Mr. KIRK, Mr. DEAL of Georgia, Mr. H. Res. 709: Ms. MATSUI. H.R. 3621: Mr. LIPINSKI and Mr. BISHOP of COBLE, Mr. MICA, Mr. YOUNG of Florida, Mr. H. Res. 715: Mr. KIRK. New York. TERRY, Mr. THORNBERRY, Mr. BLUNT, Mr. H. Res. 719: Mr. MORAN of Kansas. H.R. 3636: Mr. BERMAN. BARTON of Texas, Mr. ROGERS of Kentucky, H.R. 3674: Mr. BOCCIERI. H. Res. 736: Mr. SOUDER. UETKEMEYER OHMERT UT H.R. 3680: Mr. ABERCROMBIE and Mr. Mr. L , Mr. G , Mr. P - H. Res. 740: Mr. SHULER. NAM, Mr. THOMPSON of Pennsylvania, Mr. SABLAN. H. Res. 747: Mr. SHIMKUS and Mr. MURPHY REICHERT, Mr. TIBERI, Mr. BILBRAY, and Mr. H.J. Res. 26: Mr. KIRK. of New York. H. Con. Res. 42: Mr. MEEK of Florida, Ms. PENCE. H. Res. 749: Mr. INGLIS. NORTON, and Mr. CONYERS. H. Res. 567: Mr. GALLEGLY, Mr. BERMAN, H. Con. Res. 43: Mr. MEEK of Florida and Mr. DANIEL E. LUNGREN of California, Mrs. H. Res. 752: Mr. RUSH, Mr. LOEBSACK, and Mr. CONYERS. BONO MACK, Mr. MACK, Mr. COSTA, Mrs. Mr. ROSKAM. H. Con. Res. 129: Ms. PINGREE of Maine, Mr. CAPPS, Mr. BUCHANAN, Ms. MATSUI, Mr. H. Res. 754: Mr. BOOZMAN and Mr. KLINE of BOREN, Mr. LAMBORN, Mr. KLINE of Min- SCHIFF, Mr. LEWIS of California, Mr. DREIER, Minnesota. nesota, Mr. SESTAK, Mr. EHLERS, and Mr. Mr. ISSA, Mr. CARDOZA, Ms. ZOE LOFGREN of H. Res. 759: Mr. UPTON. California, Mr. LEE of New York, Mr. Thornberry. H. Res. 773: Mr. SHUSTER, Mr. WOLF, Mr. H. Con. Res. 160: Mr. LATHAM, Mr. MCCLINTOCK, Mr. BURTON of Indiana, Mr. WITTMAN, and Mr. NEAL of Massachusetts. WITTMAN, and Mr. MCCAUL. MCNERNEY, and Mr. SHERMAN. H. Res. 783: Mr. WOLF, Mr. SCHAUER, and H. Con. Res. 168: Mr. MURPHY of New York. H. Res. 603: Mr. FILNER and Mr. MASSA. H. Con. Res. 177: Mr. PAULSEN and Mr. H. Res. 605: Mr. MURPHY of New York and Ms. ROYBAL-ALLARD. KRATOVIL. Mr. STEARNS. H. Res. 786: Mr. ACKERMAN, Mr. PAYNE, Mr. H. Con. Res. 181: Mr. DINGELL and Mr. HIN- H. Res. 611: Mrs. LOWEY. ENGEL, Mr. DELAHUNT, Mr. MILLER of Flor- CHEY. H. Res. 649: Mr. SABLAN, Ms. BALDWIN, Mr. ida, Ms. CASTOR of Florida, Mr. SIRES, Ms. H. Res. 150: Mr. CLAY, Mr. SCOTT of Vir- FILNER, and Mr. RUSH. JACKSON-LEE of Texas, Mr. CROWLEY, Ms. ginia, Mr. THOMPSON of Mississippi, and Mr. H. Res. 660: Mr. BRADY of Pennsylvania, BORDALLO, Ms. WOOLSEY, Mr. GINGREY of CARNAHAN. Mr. GRIJALVA, Mr. BISHOP of Georgia, Mrs. Georgia, and Mr. COSTELLO.

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Vol. 155 WASHINGTON, THURSDAY, OCTOBER 1, 2009 No. 140 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, duty this week of providing for the called to order by the Honorable PRESIDENT PRO TEMPORE, common defense, it will also have an KIRSTEN E. GILLIBRAND, a Senator from Washington, DC, October 1, 2009. opportunity to fulfill its oversight re- the State of New York. To the Senate: sponsibilities in the global war on ter- Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby ror and, more specifically, in the cru- PRAYER appoint the Honorable KIRSTEN E. cial theater of Afghanistan. Later The Chaplain, Dr. Barry C. Black, of- GILLIBRAND, a Senator from the State of New today, the ranking member of the Sen- fered the following prayer: York, to perform the duties of the Chair. ate Armed Services Committee, Sen- Let us pray. ROBERT C. BYRD, ator MCCAIN, will offer an amendment O God, our Father, we thank You for President pro tempore. to the Defense appropriations bill that the gifts You generously give to hu- Mrs. GILLIBRAND thereupon as- calls on our top commander in Afghan- manity. We are grateful for the sumed the chair as Acting President istan, GEN Stanley McChrystal, and loveliness of Earth and sea and sky. pro tempore. the Centcom Commander GEN David Thank You for great music to hear and f Petraeus, to come to Washington to ex- for great books of prose and poetry to plain to Congress and the American read. Thank You for minds to think, RECOGNITION OF THE MAJORITY people why they believe the situation for hands to labor, and for hearts to LEADER in Afghanistan is so perilous, what love. The ACTING PRESIDENT pro tem- they believe is necessary for our suc- Lord, we praise You for the abilities pore. The majority leader is recog- cess, and why. You have given our Senators and for nized. There is recent precedent for this. their willingness to serve You and Many Americans will recall that 2 f country. Teach them Your lessons; years ago, in accordance with a re- show them Your way. Make them Your SCHEDULE quirement contained in another De- fense appropriations bill, GEN David instruments of a durable peace, just to Mr. REID. Madam President, fol- Petraeus came to Washington to ex- all nations and hopeful for all human- lowing the remarks of the leaders, plain what had gone wrong in Iraq and ity. As they work today, let their there will be a period of morning busi- what he and the rest of our forces were words, thoughts, and actions reflect ness for 90 minutes. The majority will doing to turn things around. By pro- the content of Your character. control the first half and the Repub- viding a sober assessment of the situa- We pray in Your Holy Name. Amen. licans will control the final half. Fol- tion that cut through the political lowing morning business, the Senate f cross-currents of the moment, General will resume consideration of the De- Petraeus’s testimony, along with that fense appropriations bill. Last night, PLEDGE OF ALLEGIANCE of Ambassador Ryan Crocker, focused cloture was filed on the committee-re- the national debate. It left us newly The Honorable KIRSTEN E. ported substitute amendment. As a re- confident in their ability to lead us in GILLIBRAND, a Senator from the State sult, the filing deadline for first-degree Iraq. And it set us on a path of progress of New York, led the Pledge of Alle- amendments is 1 p.m. today. Senators that continues today. giance, as follows: should expect rollcall votes to occur No one is arguing that the two situa- I pledge allegiance to the Flag of the throughout the day as we work tions are identical. They are clearly United States of America, and to the Repub- through amendments to this bill. lic for which it stands, one nation under God, not. But it is hard to deny the urgency indivisible, with liberty and justice for all. f of the assessment that General McChrystal sent to the White House in f RECOGNITION OF THE MINORITY LEADER late August, parts of which have been made public. And it is impossible to ig- APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- nore his depiction of a grave and dete- PRESIDENT PRO TEMPORE pore. The Republican leader is recog- riorating situation on the very soil The PRESIDING OFFICER. The nized. where al-Qaida terrorists plotted the clerk will please read a communication f 9/11 attacks. General McChrystal’s as- to the Senate from the President pro sessment of the worsening situation in tempore (Mr. BYRD). MCCHRYSTAL AMENDMENT Afghanistan should be of concern to all The bill clerk read the following let- Mr. MCCONNELL. Madam President, of us, particularly its account of a re- ter: as the Senate fulfills its constitutional surgent Taliban and a resilient al-

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

S9993

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VerDate Nov 24 2008 02:14 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.000 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S9994 CONGRESSIONAL RECORD — SENATE October 1, 2009 Qaida. As the President told a Turkish side of the aisle to support—the Senate The fact is, supporters of this legisla- audience in April, ‘‘The world has come will give him a chance to do both. tion know that most Americans oppose too far to let this region backslide, and f it. That is why they are not listening. to let al Qaeda terrorists plot further And that is why they are trying to rush HEALTH CARE WEEK XI, DAY II attacks.’’ it through without giving anybody a But there is also reason to be con- Mr. MCCONNELL. Madam President, chance to study the details. The Amer- fident. At a time of worsening violence americans have been watching the ican people understand these proposals. in Iraq, America was fortunate to be health care debate play out in various They understand the strategy. And able to turn to General Petraeus, the committees in Congress, and they are they are not happy about either. man who literally wrote the book on wondering where it’s all headed. I will I yield the floor. make it easy for them. The final bill is counterinsurgency. And now, at a time f of worsening violence in Afghanistan, going to cost about a trillion dollars. It we are just as fortunate to be able to is going to include $1⁄2 trillion in cuts RESERVATION OF LEADER TIME to seniors’ Medicare in order to create turn to General McChrystal, who in re- The ACTING PRESIDENT pro tem- a new government program. It is going ported previous combat experience su- pore. Under the previous order, leader- to raise hundreds of billions of dollars pervised, planned, and executed ship time is reserved. counterterrorism operations. in taxes on individuals and businesses. No one is better equipped to assess And it is going to expand the govern- f the situation on the ground—and ment’s role in the health care of every MORNING BUSINESS whether it calls for a new counter- single American, whether they like it The ACTING PRESIDENT pro tem- insurgency strategy, or for a continu- or not, limiting choices and leading to pore. Under the previous order, the ation of the same kind of counterter- the same kind of denial and delay we Senate will proceed to a period of rorism strategy which the previous ad- have seen in other countries. morning business for 90 minutes, with ministration pursued, and which the And then there is the issue of rushing Senators permitted to speak for up to current Vice President is reportedly through a bill and denying the Amer- 10 minutes each, with the time equally urging the current administration to ican people the chance to read it. Imag- divided and controlled between the two embrace. ine that, a trillion dollars out of the Earlier this year, President Obama taxpayers’ wallets for a bill that will leaders or their designees, with the ma- expressed his confidence in General affect the health care of every single jority controlling the first half and the McChrystal by appointing him to his American, and the majority has al- Republicans controlling the second current mission. Following the Presi- ready voted to deny a mere 72-hours of half. dent’s lead, the Senate expressed its public review before voting on it. This The Senator from Oregon is recog- confidence in General McChrystal by is outrageous, and hopefully this is not nized. confirming him for his current mission the way the majority decides to go for- f without dissent. Now it is time for ward. One group that has become increas- HEALTH CARE REFORM Congress and the President to work to- ingly vocal in its criticism of this leg- gether on a plan for success. Mr. MERKLEY. Madam President, a islation is our Nation’s Governors. Since no strategy will succeed with- week ago, freshman Democratic Sen- Over the course of this debate, at least out the support of the public, the ators came to this floor to discuss as a one in three of them have issued state- President will doubtlessly want to ex- group how our current health care sys- ments expressing their urgent concerns plain to the American people why he tem is broken and unsustainable. about a proposed expansion of Med- plans to accept or reject the Today, we return to address the chal- icaid, which will force them either to McChrystal Plan. This is especially lenge of runaway costs and how health cut services, raise taxes, or both. That true of a counterinsurgency strategy, care reform can bend the cost curve, is on top of the tax hikes that come making health care more affordable which, by definition, requires a large about on the Federal level as a result commitment of troops and resources and more accessible to our families and of this bill. our businesses. and great endurance on the part of the One Democrat Governor had this to Many folks have said to me: Is this Armed Forces and the public alike. say of the Medicaid proposal: ‘‘. . . it’s really the time to take on health care Congress, for its part, has a responsi- very scary for governors to be saying reform, when we are in the middle of bility to fund and to oversee our armed as soon as the revenues get back there, the worst recession since the Great De- forces. Part of that is ensuring that we the Federal Government is going to pression? The answer is an unequivocal have the best information possible, and come in and say here’s how you’re that we make that information avail- going to spend your new money.’’ yes. Now is the time. Now is the time able to the American people. And that Governor Schwarzenegger of Cali- because health care costs are a run- is why it is crucial that we have an op- fornia says he won’t support Federal away train that can do great damage portunity to hear General health care reform proposals that im- to our families and our small busi- McChrystal’s personal assessment of pose billions of dollars in new costs on nesses and large businesses. Indeed, the mission that we confirmed him for, California. consider the situation of a family when and that we give him an opportunity to Governor Crist of Florida says the health care costs have doubled in the explain why he has concluded that proposed Medicaid expansion would last 9 years, so families who could af- more troops are needed to avoid failure have a crippling effect on Florida’s ford insurance just a few years ago can- in Afghanistan. State economy. not afford it today. Now health care General Petraeus’s testimony served Governor Linda Lingle of Hawaii premiums are rising even faster. They a necessary purpose during an earlier says the proposed Medicaid expansion are expected to double in the next 7 debate over strategy. General would be tantamount to mandating a years. As a result, many families and McChrystal’s will do the same in this tax increase on every resident of Ha- many individuals who are struggling to one. waii . . . and further harm residents pay those health care premiums right We know he would be a willing wit- who are struggling to make ends meet. now won’t be able to do so in just a few ness. General McChrystal has spoken Idaho Governor ‘‘Butch’’ Otter calls more years. So fixing our broken freely about his assessment on network the proposal ‘‘an . . . irresponsible ef- health care system cannot wait. In- television. And he recently told a vis- fort to shift a substantial and unman- deed, reform is essential to our fami- itor to Afghanistan that, if asked, he ageable financial burden to the states.’’ lies, our small businesses, and our would welcome the opportunity to Those are just a few of the comments large businesses. come to Washington to make the case we have heard from Governors. They Consider this: For a working family, for additional troops. He also said that are issuing the same kind of dire warn- every additional dollar that goes into a it is his sacred duty to provide the un- ings about the proposed health care health care premium comes out of the varnished truth. With today’s vote— legislation that Americans have been wages that would otherwise go to in- which I urge our friends on the other sounding for months. crease the family’s purchasing power.

VerDate Nov 24 2008 23:41 Oct 01, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.001 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S9995 So rising health care premiums are a what is cost-effective reform? Accord- As Governor of New Hampshire, Sen- tax on family wages, a tax on family ing to a recent study by the Joint Cen- ator SHAHEEN enacted the New Hamp- purchasing power, making it much ter for Political and Economic Studies, shire Children’s Health Insurance Pro- harder for our families to get ahead eliminating ratios and ethnic health gram, which provides affordable health and provide for their children and es- disparities in this country for the pe- and dental coverage to tens of thou- tablish a high quality of life. riod between 2003 and 2006 would have sands of children in her State. Controlling cost is also essential to reduced direct health care expenditures She also initiated a senior prescrip- small businesses. Small businesses by nearly $230 billion. tion drug program, providing seniors want to offer health coverage to at- Further, when the study factors in with lower cost prescription drugs. I tract and keep good employees, to do indirect economic losses, such as yield 4 minutes to the Senator from what is right for their employees’ qual- missed days of work and premature New Hampshire. ity of life. But runaway costs are mak- death, the total cost of health care dis- Mrs. SHAHEEN. Madam President, I ing that more and more difficult. parities to our economy approaches wish to begin by thanking Senator Consider the example of the Haw- $1.25 trillion over the same period. This MERKLEY for coordinating this effort thorne Auto Clinic founded and oper- is a cost our country cannot bear. today. I am pleased to be able to, once ated by Jim Houser and his wife Liz Part of the problem is a lack of cov- again, join my fellow freshmen Sen- Dally. When they opened 26 years ago, erage. People of color make up about ators discussing how critical it is for Jim and Liz were committed to offer- one-third of the population of the the Senate to act on health care re- ing those who worked for them and United States, but they represent one- form. with them a good benefits package, in- half of the Nation’s uninsured. Pro- As the Senate moves to reform our cluding comprehensive health care. viding quality, affordable health care broken health care system, we must They are still able to provide health options, including a public plan, will address the skyrocketing cost of health insurance to their employees, but it is help address this problem. care. We must ensure quality in our getting tougher. Premiums have gone We must also change the way people health care system. Over the past sev- from 9 percent of their payroll to 18 receive their care. In disproportion- eral months, I have heard from many percent in just the last 5 years. As a re- ately high numbers, many Black and individuals and families from New sult, they have had to cut back on the Hispanic Americans use high-cost Hampshire who are dealing with the benefits they have offered. Over the emergency room care for all their rising costs of health care. The stories last decade, health care premiums have health needs. Often, by the time they they tell me are the most poignant re- skyrocketed for small businesses seek treatment, their ailment has minders of why we must reform our across the board like they have for the reached catastrophic levels. This drives health care system. Hawthorne Auto Clinic. everyone’s costs up and puts extra Recently, I heard from a man named Large businesses see the effect as strain on a system that is already Jeff, who is from Loudon, a small com- well. If you build a car in America, it stretched to the breaking point. munity close to the capital city of Con- costs $1,500 in health care. If you build But with certain basic steps on the cord. Jeff had recently lost his job and that same car across the border in Can- front end, we can create a healthier na- with it his health insurance. So when ada and Europe, the cost is zero. In tion and save a lot of money on the he experienced swelling of his right leg fact, in 2007, GM spent more on health back end. For example, by encouraging and shortness of breath, he was afraid care than they did on steel. So control- and enabling health care providers to to go to the doctor because he was ling costs is essential for our large reach out to their communities, with afraid he could not afford the cost. businesses to be competitive in the culturally competent prevention and So he ignored the symptoms until world, to be able to build products here wellness initiatives, we can prevent they got so bad he had to call 911. He in America. some of the chronic conditions and cat- was taken to a local hospital. Doctors If we do not build products in Amer- astrophic health care problems that realized he had a blood clot in his leg ica, we will not have a middle class in have such a high cost for our economy. which had migrated to his lung. This America. So health care reform cannot Basic nutrition education and access was a life-threatening condition called wait. Our families need help with run- to healthy foods could drastically re- a pulmonary embolism. Since treat- away costs. Our small businesses are duce the wide disparities in diabetes ment, his condition has improved dra- looking for us to help control costs, and heart disease. Expanding the prev- matically. and our large businesses need reform to alence of racial and ethnic minority However, the final bill from the hos- be competitive in the world and to health care professionals could in- pital was over $200,000. To this day, Jeff build the strong economy that will crease the cultural competence of our remains in debt. Think how much we raise all boats. health workforce. could have saved if he could have gone Today, freshmen Democratic Sen- The health reform bills under consid- to the doctor when he first felt those ators are here to discuss this from a eration take significant steps to ad- symptoms. Stories such as these are number of perspectives. First will be dress the health disparities our coun- unacceptable. They can happen to any- Senator ROLAND BURRIS of Illinois. As try faces. I would like to take this op- body. The truth is, similar to Jeff, we comptroller and attorney general of Il- portunity to thank the HELP Com- may all be one medical condition away linois, Senator BURRIS committed him- mittee and the Finance Committee for from financial disasters because of the self to serving the health and well- their tireless work in this effort. high cost of health care. So we must being of underserved populations in his As a final combined bill comes to the work to protect hard-working individ- State. floor, I look forward to an opportunity uals and families as we put forward a I yield 4 minutes to my distinguished to debate and improve upon the provi- bill. friend from Illinois. sions that will help our Nation’s dis- I am proud to come from New Hamp- The ACTING PRESIDENT pro tem- advantaged populations get access to shire for so many reasons but one of pore. The Senator from Illinois is rec- the health care they need. them is because of the great work that ognized. This is not only a moral imperative is done by the Dartmouth Institute of Mr. BURRIS. Madam President, I am in its own right, but it will help us Health Policy. For more than 20 years, proud to join my freshmen colleagues achieve the health cost savings our Dartmouth has been a leader in com- on the floor today. health system so desperately needs. parative effectiveness research and has Across America there is a broad Mr. MERKLEY. I thank the Senator revolutionized our understanding of agreement on the need for meaningful very much for his comments and his our health care system. Because of the health care reform. But there is much emphasis on making the best use of Dartmouth Atlas Project, we now know debate about what reform means and every dollar while addressing ethnic there are huge variations in the way who pays the bills for keeping all our disparities in our health care system health care resources are used and how Nation’s citizens well, including the and the dire need to invest in preven- money is spent depending on where we disadvantaged. tion and wellness. live. As the center of this controversy is a Next, we will hear from Senator This chart shows the difference in simple question of dollars and cents, JEANNE SHAHEEN from New Hampshire. spending among different regions per

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The Senator from Alaska. kind of treatment that in other parts ple’s wages because the cost of insur- Mr. BEGICH. Madam President, I of the country is provided for only a ance is getting so large. thank Senator MERKLEY. little over $5,000. By 2016 in my State, working fami- I am pleased to stand here again with Unfortunately, the research also lies in Colorado are going to be spend- my freshmen colleagues and resound shows that just because someone is in ing roughly 40 percent of their income the call for meaningful health insur- a higher spending area, it does not on health care if we do not change the ance reform. We know reform is criti- mean they are going to live longer or status quo. It is also having a profound cally important and long overdue. We have better health outcomes. Simply effect on the finances of the Federal know reform will provide coverage to put, more costly care does not mean Government. The biggest drivers of our tens of millions of currently uninsured better care. There is a fundamental deficit, as the red line shows, are rising Americans. As I said last week, we problem with our health care system, Medicare and Medicaid costs. If we can know reform will bolster America’s and this is something we have to work change that, we can begin to restore small businesses and help rebuild the on. our Government to fiscal health. If we economy. Here is something else we Things do not have to be this way. do not change it, we are going to con- know: We must have reform that bends We can find savings in our system and tinue to pile mountains of debt onto the cost curve and slows down the still provide high-quality care. As I our kids and our grandkids, something growth of health care costs. If we ex- mentioned last week, we can save sig- that no one in my State wants us to do. tend insurance to millions more people nificantly on Medicare costs by reduc- Finally, the last slide shows we are but do nothing to slow skyrocketing ing hospital readmissions. I have intro- consuming almost 20 percent of our health care costs, we will not have re- duced bipartisan legislation with Sen- gross domestic product on health care, formed anything. We only will have devoting almost one-fifth of our econ- ator COLLINS to do that. We have the added to the problem of an overbur- opportunity to fix a problem that has omy to health care, when all our com- dened, unsustainable health system. been around for generations. We need petitors across the globe are devoting Today we stand together to offer our to work together to achieve this goal. less than half that to health care. It is ideas for reducing overall health care The PRESIDING OFFICER. The Sen- no different than if you had two small costs. ator’s time has expired. businesses across the street from each My focus this morning is on pro- Mr. MERKLEY. I thank Senator other, one spending one-fifth of their moting good health and preventing the revenue on their light bill, the other is SHAHEEN so much. It is enormously burden of chronic disease. The HELP valuable to have her experience fight- spending less than half of that on their and Finance Committees have done a ing for health care at the State level light bill. You do not need an MBA to great job on this subject. I commend and bringing that to this conversation, know which of those two companies is them. I also want to make sure that recognizing we do have a partnership going to be able to invest and grow when the final reform bill comes to the their business. between what the State can do and floor, we will not waiver on our com- The Senator from New Hampshire what the Federal team can do and that mitment to prevention. I want to talked about a very important cost frame these brief remarks around a the goal of reforming the way we de- control measure in this bill that has to liver health care can have a huge im- handful of words: nutrition, physical do with the transition of care. Right activity, tobacco use, and personal re- pact on price. now in this country, one out of five Next, we turn to Senator MICHAEL sponsibility. Common sense tells us Medicare patients is readmitted to the that smart investments that reduce BENNET from Colorado. As the highly hospital within the first month that the burden of chronic disease will make successful superintendent of Denver they leave. That is because nobody is a huge difference not only in cost sav- Public Schools, Senator BENNET com- following up to make sure they are get- ings but also in healthier and more mitted himself to ensuring the health ting the care they need to stay well. productive lives. The dollar amounts and educational well-being of Denver’s Nobody is checking to see whether are staggering. Here are a few examples school-aged children. they fill their prescriptions or whether of why health reform must include a I yield 4 minutes to my friend from they are taking it. Colorado. In Colorado, we have a great model in substantial commitment to prevention Mr. BENNET. I thank the Senator Mesa County and Grand Junction, and good health. from Oregon. where the hospital readmission rate is Each year we spend $2.2 trillion on It is good to be here this morning not 20 percent but 2 percent. This alone health care, and 75 percent of all health with all my colleagues to talk about is costing us $17 billion a year. care costs go to treat chronic diseases, health care reform. There is a lot of If we can do it smarter, more cheap- many of which could have been pre- disagreement about what the right an- ly, and provide the kind of quality we vented. Each of our States is paying swer is. see in Grand Junction, the Mayo Clin- the price. Listen to the most recent What I would like to spend my time ic, and other places across the country, numbers from the State of Alaska and on this morning is why the status quo we should. That is what this reform is think again of poor nutrition, lack of is not an answer. I think that if we can about. It is time for us to put politics physical activity, and the toll of to- get agreement on that, we can solve aside and come to an agreement that bacco. Alaska currently spends $600 the issues that confront the working will create a much improved situation million annually for heart disease and families in my State and all across the for working families and small busi- stroke hospitalization, $419 million for country. nesses. The status quo is eating people treatment related to diabetes, $491 mil- The median family income in Colo- alive. We ought to be able to do better lion for medical care related to tobacco rado has actually declined by $800 over than that. use and lost productivity from tobacco- the last 10 years. At the same time, the Mr. MERKLEY. I thank the Senator. related deaths. We spend $477 million cost of health insurance has gone up by I appreciate his pointing out how on direct medical costs of obesity. We 97 percent. It has doubled during that health care costs are also a factor in need to do something, and we need to time. That has happened all over the the rising deficit contributing to the start now, in my State and every country. This slide shows the dif- national debt and challenging our State. ference between the rate of increase in international competitiveness in the We know prevention can work. Even wages in my State, from 2000 to 2007, world. though youth smoking in Alaska is versus the rate of the increase in insur- I now turn to Senator MARK BEGICH still too high, it has been cut in half ance. of Alaska. As mayor of Anchorage, he since 1995, thanks to sustained

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Senator to encourage employers to offer sonal responsibilities and incentives MERKLEY and Senator BEGICH have wellness programs to workers. for people to live a healthier lifestyle. mentioned if we fail, American busi- I yield 4 minutes to the Senator from Let’s make a similar commitment in ness cannot compete when we have to New Mexico. health reform this year. Let’s promote pay $3,000 to $4,000 more per employee The ACTING PRESIDENT pro tem- personal responsibility. Let’s give more than our competitors across the world pore. The Senator from New Mexico. American families the tools they need in terms of increased health care costs. Mr. UDALL of New Mexico. Madam to take charge. Let’s improve our Na- Some may say that the simple reason President, if we want to do something tion’s highways and transportation for these increasing health care costs is about runaway health care costs, the systems. And as we do it, let’s make because we have an aging population. way to control them is to institute pre- sure sidewalk trails are part of the We do. But an aging population is not vention and make prevention a major package. Let’s hire more PE teachers the only reason for rising health care part of this bill. We are in danger of and build upon proven community pro- costs. Our rising health care costs are systematically neglecting prevention. I grams. Let’s save lives and save dollars increasingly driven by an inefficient believe if we focus on prevention, we by keeping tobacco away from kids. delivery system, by a system that does can get control of the cost curve. Pre- As reform moves forward, our prom- not reward value, by a system that vention can mean clinical services such ise is to keep it deficit neutral, now does not compensate based upon any as mammograms and colonoscopies and and into the future. Health care re- rational basis. That is where so many cholesterol screens. The good news is form, health insurance reform now, is of the reforms are focused through the that most of the bills being considered important. Senate Finance Committee and the would make these services much more I yield the floor. HELP Committee bills—and others we accessible and affordable. But success- Mr. MERKLEY. I thank my colleague will be putting forward in later weeks, ful reform also means addressing an- from Alaska for his remarks and his perhaps even on the floor, that will other aspect of prevention. I am talk- emphasis that prevention and manage- bring these reforms to the overall de- ing about primary prevention, the kind ment of chronic diseases are essential livery system. that keeps people from getting sick in to bending the cost curve. I now turn Again, some of my colleagues have the first place. to Senator WARNER from Virginia. Be- already mentioned wellness. Senator Evidence suggests that primary pre- fore serving as Governor of Virginia, SHAHEEN mentioned the enormous dif- vention should focus on three behav- Senator WARNER helped create the Vir- ferential between states in terms of iors: physical activity, nutrition, and ginia Health Care Foundation, which is Medicaid reimbursements. We can and smoking. But the reality is, whether providing health care to more than must do a better job. through personal choice or lack of op- 600,000 underserved Virginians. I yield 4 For example, if as we see here, we tions, too many Americans are strug- minutes to Senator WARNER. can put health care reform in place and gling. Today two-thirds of Americans The ACTING PRESIDENT pro tem- drive system reform, we could poten- are overweight or obese and often more pore. The Senator from Virginia. tially save $3 trillion over the next 10 than 20 percent smoke. Things are even Mr. WARNER. Madam President, I years across the entire system. If we worse for minorities who often suffer thank my colleague, the Senator from fail to act, we leave those costs in a the most from the lack of preventive Oregon, for helping organize this morn- system that does not provide good care. ing. I thank all other colleagues for quality health care and, with 70 per- In my State, we have a diabetes epi- once again coming together and speak- cent of the cost going for chronic dis- demic among Native Americans and ing with different voices but with simi- eases, does not provide better coverage, Hispanics. We are in this crisis today lar themes. I also thank our newest either. because we have neglected prevention colleague, the new Senator from Mas- On this last chart, in terms of what for years. Of the more than 2 trillion sachusetts, for being here. I know he we are talking about in expanded sav- we spend on health care each year, will take time in another moment to ings, if we fail, if we simply expand the only 4 cents of every dollar is invested give his maiden speech. Being here and current system—this is based upon in prevention. It doesn’t make sense. giving us moral support is helpful. Lewin Group studies, the Common- Studies have shown that primary pre- One of the things we all get to do as wealth Fund that has been cited many vention will not only save lives, it will freshmen Senators is sit in that chair times on the other side—if we simply also save money. In New Mexico, a $10- and preside over the Senate at various put in place expanded coverage without per-person investment in community- times. Consequently, we often get, per- reform, we will continue to explode the based prevention programs would save haps more than other colleagues, a deficit. But if we put in place the kinds $88 million annually. Nationally that chance to hear the folks on the other of reforms we are talking about, which translates to more than $16 billion an- side and their talking points. Monday is wellness, and increased trans- nually. That is a return of $5.60 for afternoons, I get to hear it for uninter- parency—and I strongly believe in a every $1 invested. rupted hours. What I hear time and free market system—but we have no We have solid evidence that we can again from our colleagues on the other transparency in our system in terms of spend less on health care while saving side is complaints about the various what costs are and what people actu- more lives. So what should we do? Ex- proposals this side—and, hopefully, ally pay. If we take advantage of some perts say effective prevention must ad- some on the other side will join us on— of the best examples in the private sec- dress three levels: the individual, the has put forward. tor, where health reform is taking institutional, and the environmental. What I do not hear from the other place right now, we can bring about Individual prevention is about Ameri- side is what happens if we take their not only reform but bring about reform cans making the right choices for approach, which is doing nothing. What with lower costs, higher value, and themselves. This means choosing nutri- I do not hear from the other side is a truly make sure Americans all across tious foods, maintaining an active life- simple recognition not of the moral the country get the coverage they need style, avoiding excess weight, avoiding challenges of covering close to 30 mil- and that does not break the deficit. smoking, drug abuse, and excessive lion additional Americans, but the fis- The ACTING PRESIDENT pro tem- drinking. Institutional and environ- cal challenges of not acting, a fact that pore. The Senator from Oregon. mental prevention helps individuals we all brought forward last week when Mr. MERKLEY. I thank the Senator stay on the path to a healthy lifestyle. we pointed out, if we fail to act, we will from Virginia, particularly for noting This could mean incentives for phys- see Medicare go bankrupt by 2017; if we the consequences if we fail to act and ical activity, disincentives for smok- fail to act, our deficit numbers will the absolute necessity to reform an in- ing, and nutritional labeling on menus.

VerDate Nov 24 2008 23:41 Oct 01, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.005 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S9998 CONGRESSIONAL RECORD — SENATE October 1, 2009 It could also mean more bike paths and hospitals more to amputate a leg than his emphasis on quality outcomes and more school gardens. it does to treat early diabetes and ac- patient-centered care as a way to im- Legislation approved by the HELP tually prevent that amputation. Our prove care and to decrease costs. Committee would establish a new fund government should be paying for qual- We will now turn to Senator KAY to support these activities. This kind ity outcomes, not writing checks that HAGAN of North Carolina. As a State of dedicated, stable funding stream is encourage expensive care that could senator in North Carolina, Senator critical to effectively address Amer- have been prevented in the first place. HAGAN worked to extend health insur- ica’s legacy of neglect regarding pre- Let me give you a couple of examples ance to uninsured children, to expand vention. There is an often-quoted par- of how reform can change these incen- care for uninsured patients living in able that tells of a nurse fishing down- tives, help improve care for our sen- rural areas of the State, and to end in- stream. As she fishes, she sees a person iors, and also decrease costs for all of surance discrimination against mental coming down the river struggling for us, the taxpayers. health care patients. life. The nurse pulls him out. Then, an- First, reform can lower the rate of I yield Senator HAGAN 4 minutes. other comes and again must be res- unnecessary hospital readmissions. The PRESIDING OFFICER. The Sen- cued. This happens all afternoon and Right now, one-quarter of all Medicare ator from North Carolina. the nurse tires from constantly pulling patients who are discharged from a Mrs. HAGAN. Mr. President, I thank people out of the river. Eventually, she hospital end up going back into that my fellow colleague from Oregon, Sen- realizes she has to get upstream, to see hospital for the same problem. Health ator MERKLEY. I also welcome our new what is pushing them in the river in reform would reward hospitals such as colleague from Massachusetts. the first place. Saint Mary’s in Grand Junction, CO, I am joining my freshmen colleagues It is time for America to look up- which coordinates care and followup to on the floor today to talk about how stream, to see where the real problems make sure patients do not end up back health care reform will improve wom- lie. It is time to honestly address these in the hospital. en’s access to care. I received a heart- preventable health problems. Second, reform can hold hospitals ac- breaking e-mail this week from a Madam President, I yield the floor. countable if they are not doing enough young woman in North Carolina. When The ACTING PRESIDENT pro tem- to reduce the number of patients who this woman was 27 years old, she was pore. The Senator from Oregon. develop infections in their facility. diagnosed with breast cancer. She had Mr. MERKLEY. Madam President, I Such infections cause seniors to stay in a 16-month-old son and was in an abu- thank Senator UDALL for his clarion the hospital longer, cost tens of thou- sive relationship with her husband. Her call for primary prevention to save sands of additional dollars to treat, lives and save dollars. husband knew she would not leave him and—in the worst cases—they are life We now turn to Senator MARK UDALL because she could not afford medical threatening. of Colorado. As a Member of the House Health care reform would also invest treatment without his employer-pro- of Representatives, Senator UDALL in and encourage innovative ways to vided insurance. She looked into championed legislation highlighting deliver more efficient care to seniors. COBRA. She looked into other indi- the health benefits of physical activity So-called patient-centered care can vidual insurance plans. But her breast for the public. prevent seniors from being admitted to cancer was, obviously, considered a I yield 4 minutes to the Senator from preexisting condition. So for 7 years, Colorado. the hospital in the first place. You will notice a theme here: The this woman stayed in an abusive rela- The PRESIDING OFFICER (Mr. WAR- tionship because she had to have NER). The Senator from Colorado. government would be paying less when we pass health reform, and seniors health insurance for herself and her Mr. UDALL of Colorado. Mr. Presi- child. Unfortunately, women across dent, let me start by thanking my col- would be healthier for it. I have not even touched on the bil- America face similar challenges to ex- league, the Senator from Oregon, for actly what that woman has faced. Inef- holding this important gathering on lions of dollars per year in waste, fraud, and abuse that health insurance ficiencies and discriminatory practices the floor of the Senate this morning. in our health care system dispropor- Mr. President, as my fellow freshmen reform will help wring out of the sys- tionately affect women. In a majority have stressed, health insurance reform tem. I also have not discussed the of States, insurance companies are per- is essential in helping us lower spend- tough cost-controlling mechanisms, mitted to charge women more than ing, chip away at our Federal deficit, such as a new Medicare payment advi- men for the exact same insurance pol- and strengthen our economy. sory body to ensure Medicare dollars While the reform proposals before us are being spent efficiently to improve icy. In Washington, DC, and in eight would contain costs across the board, I patient care and balance our Federal States, insurance companies can deny wish to focus on a particular area of checkbook. coverage to victims of domestic vio- health care reform near and dear to The reforms we are considering are lence, citing that as a preexisting con- nearly 45 million Americans, and that critical to changing the way the gov- dition. In all but 12 States, insurance is Medicare. Reforming how we pay for ernment pays for Medicare so we can companies are allowed to charge Medicare and how we spend those valu- ensure its long-term sustainability. women more than they charge men for able taxpayer dollars is one of the big- The reality is, if we do not act, as was coverage. In my family, my daughter, gest cost-containing tools we can in- mentioned early this morning—if we who just graduated from college—out clude in health care reform, and it will keep spending as we do today—Medi- there looking for health insurance on also improve the health of seniors. care will be bankrupt by 2017, just 8 her own—was quoted many times more Coloradans have rightly asked me years from now. That is a sobering money for her coverage than if she had and Senator BENNET how health care thought. been a male. reform can reduce government spend- If we take the step to reform our Only 12 percent of individual market ing on Medicare while at the same time health care system, it will have the im- policies provide comprehensive mater- strengthen benefits and improve their mediate effect of extending the life of nity care. When women do have health health. They want to know how they our Medicare trust fund for 5 more insurance, it often does not cover basic can be getting more as the government years, and at the same time we will lay preventive care such as mammograms spends less. down a foundation that will keep costs and Pap smears. In the HELP Com- The answer is that health insurance down in the long term so we can make mittee and in the Finance Committee reform can make our government and Medicare sustainable for generations bill, insurance companies can no longer us smarter consumers. Because right to come. charge women more than men or use now, 30 to 50 percent of spending on Mr. President, I yield the floor. preexisting conditions to prevent any- health care does not make a patient The PRESIDING OFFICER. The Sen- one from purchasing health insurance, healthier. That is a lot of room for sav- ator from Oregon. and we are ensuring that basic preven- ings. Mr. MERKLEY. Mr. President, I tive screenings will be covered. Let me give you an example. Today, thank Senator UDALL very much for I am focused on sending our Presi- Medicare actually pays doctors and his remarks. I thank the Senator for dent a bill that ends discriminatory

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Without objection, it is so or- such as Bassett Healthcare which is in Mr. President, I yield the floor. dered. Cooperstown, NY, and is one of the The PRESIDING OFFICER. The Sen- Mr. ALEXANDER. Madam President, leading health care providers in terms ator from Oregon. I ask if the Acting President pro tem- Mr. MERKLEY. Mr. President, I of positive outcomes because of the pore will let me know when we have 5 thank Senator HAGAN very much for quality of care. We will also employ minutes remaining on the Republican her comments and her observations new methods to reduce medical errors side. about how the current health care sys- through accountability and through The ACTING PRESIDENT pro tem- tem, the current rules of insurance, in- health care IT, and prevent costly ill- pore. All right. cluding the ability to turn down pa- nesses through better care manage- tients and to deny folks with pre- ment, through diet, exercise, and pre- f venting diseases, such as preventing existing conditions, works to discrimi- HEALTH CARE REFORM nate against women and prevent pre- childhood obesity. ventive health care. Second, we will address the needless Mr. ALEXANDER. Madam President, We will now turn to Senator KIRSTEN redtape and excessive administrative the Senator from Georgia and I wish to GILLIBRAND of New York. As a Member costs in our current health care sys- talk a little bit today about the health of the House of Representatives, Sen- tem. Senate health insurance reform care plans coming through. Fundamen- ator GILLIBRAND was a champion of combats this problem by setting ad- tally, our position is that we do not children’s and family health care issues ministrative standards that insurance want to see another Washington take- and was a leading voice on the need to companies must meet, and providing over. We are deeply concerned about improve health care services for Amer- new tools to combat fraud. I would like the cuts in Medicare that will affect ica’s veterans. to see a universal, one-page form that seniors, about the taxes—both the in- I yield my friend from New York 4 all people can use for reimbursements crease in Federal taxes and State minutes. for all insurance companies that can be taxes, which we will talk more about— The PRESIDING OFFICER. The Sen- submitted on line. Changes like that about the trillion dollars in new spend- ator from New York. could transform efficiencies in the ing, and about the threats to the Mrs. GILLIBRAND. Mr. President, market. health care choices the legislation right now we are engaged in a historic Finally, we will make use of health coming through would pose. debate about the future of our health care technology that could reduce Instead of such a large enterprise as care system. The crisis has reached his- health care spending by $77 billion a what I have just described, we would toric proportions, and Congress must year. Currently, just 1 in 25 American propose that we take practical, small act now. physicians utilizes fully functional steps to reducing costs such as allow- In 2000, family health insurance pur- electronic medical records. Senate ing small businesses to pool their re- chased through an employer was ap- health insurance reform expands the sources, reducing junk lawsuits against proximately $6,700. In 2008, it nearly use of electronic prescribing, electronic doctors, allowing consumers to pur- doubled to $12,600. If we do not act now, health records, and electronic support chase across State lines, and creating by 2016, family health insurance is ex- for diagnosis and treatment options. health insurance exchanges. There are pected to double again, to nearly Studies have shown that one out of other steps that could be taken; in $24,300. every four tests is needlessly done be- other words, instead of scaring the We pay nearly twice the average of cause there is no record of that test. country half to death with new taxes what other developed nations pay for This must change. and Washington takeovers and threat- We know our Nation’s health care health care: $2.2 trillion a year—more ening their health care choices, let’s costs are steadily bankrupting our gov- than 16 percent of our gross domestic don’t throw the whole system out. ernment and our citizens, and we owe product. However, the United States Let’s take practical steps to reduce it to every generation that comes after ranks 29th in the world in infant mor- costs and to improve services. our own to act now. Today we wish to specifically talk tality. The PRESIDING OFFICER. The Sen- more about two government-run pro- We have more than 47 million unin- ator from Oregon. sured Americans. In 2007 and 2008, 86.7 Mr. MERKLEY. Mr. President, I grams that already exist. One is Med- million Americans—1 out of every 3 thank my Democratic freshmen col- icaid, which is the program for low-in- Americans under 65—went without leagues for coming to the floor today come Americans that today serves health insurance for some period of to talk about our broken health care about 59 million Americans. About 60 time. system and the absolute necessity to percent is paid for by the Federal Gov- There is a hidden tax in America’s control costs in this system, that we ernment and about 40 percent by the health care system that all insured are on a train headed for a wreck. It is States. The second is Medicare, which Americans pay to cover the cost of making it so difficult for families and seniors know very well because about emergency care for the uninsured. For small businesses and large businesses 40 million American seniors are de- more than half of the 47 million Ameri- to afford health care, to establish a pendent upon Medicare. We are con- cans who do not have insurance, the high quality of life, strong, thriving cerned because the proposals coming only care they receive is through the small businesses and international through the Senate Finance Com- emergency room. In fact, that hidden competitiveness for our large busi- mittee would shift costs of Medicaid to tax costs about $1,100 per year for fam- nesses. We can and must improve our the States, causing State budgets to be ily insurance premiums and over $400 health care system. The moment is put in ruin, according to the Governors per year for individual insurance pre- now. of those States, and either taxes go up miums. I thank my colleagues for coming to or services are cut. We are concerned Every day we fail to act, 14,000 Amer- the floor and sharing their vast experi- because the President and others have icans lose their health insurance. We ence in so many different capacities said we are going to pay for this big must provide affordable, quality health and bringing it to bear on this chal- new program by savings in Medicare, insurance to every man, woman, and lenge that touches the life of every sin- not to be put in Medicare for seniors, child in this country. But we also must gle American. but for the new program. take additional steps to contain costs I yield the floor. A lot of people say it is hard to find and make sure our system is more effi- The ACTING PRESIDENT pro tem- opportunities for bipartisanship when cient. The health care reform plans we pore. The Senator from Tennessee. we talk about health care, but I think

VerDate Nov 24 2008 02:14 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.009 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10000 CONGRESSIONAL RECORD — SENATE October 1, 2009 I have found one. I am on the Senate who are listening today, where the Medicaid costs. Almost always that floor today to say I would like to be a States pay about one-third of Medicaid was the choice. If I put it into Med- cosponsor of the Reid amendment, the and the Federal Government pays icaid, I had to take it out of education, proposal by the majority leader of the about two-thirds. It changes a little and that would keep the University of Senate—the respected HARRY REID bit, but that is about right. The State Tennessee or Georgia or the commu- from Nevada. The New York Times re- runs the program; the Federal Govern- nity colleges from getting better. ported yesterday that the majority ment mandates the program. Guess what happens when the State leader had heard from his Governor and When I was first elected to the Geor- can’t put the money in. The tuition from other people in his State, and he gia Legislature, the expenses for Med- rates go up. was deeply concerned about the legisla- icaid the year I was elected in the Mr. ISAKSON. It is interesting the tion that is coming through because it State budget were $20 million, State Senator talked about that. By the way, would increase costs in Nevada. funds. That was 1 percent of the State’s his experience as Governor was a great In fact, I have a copy of the letter $2 billion budget. Now, today, this experience for Tennessee, and the Sen- from the Governor of Nevada to major- year, even with all of the cuts that ator’s leadership in education was phe- ity leader HARRY REID, and it says: As have taken place, Medicaid is 12 per- nomenal. But already with the re- you know, like the U.S. Constitution, cent of Georgia’s budget. So it has stricted economy we have today and most State constitutions require a bal- grown from 1 percent of the budget to the recession in my State, our teachers anced budget, including Nevada. Ne- 12 percent of the budget in about 30 this year are having to take a min- vada will spend $907 million for pro- years. imum of 3, and at the university sys- grams on Medicaid. This is about 14 Plans in the health care bill that are tem a maximum of 6, furlough days percent of our budget. We can’t afford being talked about in the Finance without pay just to try and meet the more taxes. Revenues are down. Committee and that have been talked balanced budget. Part of that is the So the majority leader did exactly about in the House would mandate an pressure of Medicaid, which is an enti- what I think a Senator would do. He increase of 150 percent—from 100 per- tlement. We cannot decide to just not introduced an amendment, or proposed cent of poverty to 150 percent of pov- pay Medicaid, we have to do it. It is a an amendment, to the Senate Finance erty for Medicaid eligibility. It is said Federal law; the State has to run it. Committee and said: Take care of Ne- the States will be held harmless until What the States are having to do this vada. If the Federal Government is 2013 or 2014 but no promises after that. year—my State of Georgia and I think going to expand coverage for Medicaid, Let me tell my colleague what would the State of Tennessee has probably ex- then the Federal Government ought to happen to my State of Georgia if we perienced some of the same thing— pay for it. raised mandatory eligibility to 150 per- they are having to cut back on other That is exactly what I believe. That cent of poverty and the State paid its programs in order to still manage Med- is exactly the opinion of all of the Gov- third of that one-third, two-thirds icaid. ernors. The National Governors Asso- matched by the Federal Government. In a State, when they say ‘‘other pro- ciation, of which I used to be chairman, It would raise Georgia’s Medicaid budg- grams,’’ they are talking first and fore- has said to us: If you are going to ex- et expenses annually from 12 percent of most about education. In Georgia, 54 pand Medicaid, if that is your big idea our budget to 20 percent of our budget, percent of the budget is the university in Washington, then pay for it. $3.32 billion. States can’t afford to do system and elementary and secondary Nothing irritates Governors and leg- that. education, one out of every two cents. islators more than Washington politi- As the Governor of Nevada said, 43 of Well, if they can’t cut Medicaid be- cians who come up with big ideas, an- our States can’t deficit spend; 43 per- cause it is an entitlement, then they nounce them, take credit for them, and cent of our States must balance their have to cut education first and fore- then send the bill to the Governor and budgets. Medicaid has been carved on the legislature. I was a Governor. The most, which is the most important and worked on as it is to try and pre- Senator from Georgia was in the Geor- function of State government. So the serve it under the existing law. With a gia Legislature for 17 years. He was the unintended consequences of such a 150-percent increase in eligibility and leader of the Republicans in the senate mandate are going to be devastating. for 8 years. He knows a good deal about no funds from the Federal Government They only have two choices: to con- State budgets and about the Medicaid guaranteed, the States would be put in tinue to cut education or to raise Program and how it is an integral part a position of spending one penny out of taxes. Neither one of those are a good and a very difficult problem for State every five on Medicaid, which is about choice. governments. 12 percent of my State’s population. Mr. ALEXANDER. There is an article I am wondering if the Senator from That is disproportionate and it is not in the New York Times today which I Georgia thinks there might be oppor- fair. ask unanimous consent to have printed tunity for more bipartisan support for I think Senator REID is exactly right. in the RECORD. Senator REID’s amendment to have the Our States should be held harmless on There being no objection, the mate- Federal Government pay for 100 per- any mandated increases in Medicaid. rial was ordered to be printed in the cent of Medicaid costs if Medicaid is Mr. ALEXANDER. Mr. President, RECORD, as follows: expanded. going back to the Senator’s point, the [From the New York Times, Oct. 1, 2009] Mr. ISAKSON. Well, I think the ma- thing I think about, those of us who RATE OF ENROLLMENT IN MEDICAID ROSE jority leader is exactly right. There is have been a Governor or in the legisla- RAPIDLY, REPORT SAYS a prime example of what happens when ture—in fact, I have said to some of my (By Kevin Sack) the Federal Government mandates a colleagues many times that if we ex- The recession is driving up enrollment in benefit or a program and doesn’t pay pand Medicaid for low-income Ameri- Medicaid at higher than expected rates, for it; the States end up having to do cans—which States have to pay a third threatening gargantuan state budget gaps it. Just take No Child Left Behind or or more of—without paying for it, that even as Congress and the White House seek to expand the government health insurance take the Elementary and Secondary we Senators ought to be sentenced to go home and serve as Governor for 8 program for the poor and disabled, according Education Act, and IDEA. Back in 1978 to a survey released Wednesday. we mandated funds to be appropriated years to see what it is like. I mean that The annual survey of state Medicaid direc- for individuals with disabilities in because I can remember as Governor tors, conducted for the Kaiser Family Foun- America. In fact, we mandated States for 8 years balancing budgets, first I dation’s Commission on Medicaid and the spend 40 percent per FTE more on a would come up with the money for kin- Uninsured, found that the program had been special needs child than on a regular dergarten through the 12th grade—that spared the worst effects of massive state child. We never sent them a dime for was a pretty set amount—then for the budget shortfalls because of federal aid in highways, and then for the prisons, and the stimulus package. But it also revealed about 20 years. We finally, in 1999, grave concerns about what will happen when started paying part of that 40 percent. I would get down toward the end and that relief dries up at the close of 2010. Now we are only paying half of it. there would be a certain amount of As unemployment surged, enrollment in So now we take Medicaid. Medicaid money left to either go into higher state Medicaid programs grew by an average is a program, for the people out there education or it would go for increasing of 5.4 percent in the previous fiscal year, the

VerDate Nov 24 2008 02:14 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.011 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10001 highest rate in six years, according to the Deborah Bachrach, New York’s Medicaid just described—would happen if—and Kaiser survey. In eight states, the growth ex- director, said her state would face a $5 bil- this is why we said we insist on reading ceeded 10 percent. lion annual gap and would have to consider the bill before we vote on it and know- Last year’s average growth was well above deep cuts in home and personal care. the 3.6 percent that had been forecast by the Both Mr. Duarte and Ms. Bachrach said ing how much it costs before we vote Medicaid directors a year earlier. In this there likely would be further cuts in pro- on it. We want to know exactly what year’s survey, the directors projected that vider payments. ‘‘This could affect access,’’ the provisions are because I hear that enrollment would continue to accelerate in Mr. Duarte said, ‘‘but we’re at the point States will be required to pay 5 to 22 the current 2010 fiscal year, growing by 6.6 where that may be a secondary consider- percent in the first 5 years of the Med- percent. ation.’’ icaid expansion, and then after 5 years The states and the federal government Governors also have expressed concern they might have to go up to 35 percent about the fiscal impact of the health care share the $333 billion annual cost of Med- or so. icaid, which insured 62 million low-income legislation being negotiated in Washington, and disabled people at some point in 2007. It which would vastly expand eligibility for What do you suppose will happen to is the states, however, that regulate that Medicaid as one means of covering the coun- Georgia if these kinds of costs are spending by setting eligibility cutoffs, ben- try’s 46 million uninsured. added to the State budget? efit levels and provider payments, within The program is largely limited at present Mr. ISAKSON. I will tell you a little federal guidelines. to low-income children, pregnant women and story that happened in the month of The Kaiser survey found that the growth in parents of qualifying children. But under August that is indicative of what is Medicaid spending in 2009, at 7.9 percent, was bills in both houses, eligibility would be going to happen in Medicaid services if the highest in five years. That number also granted to anyone with an income of up to we have the continuing pressure. I was may increase this fiscal year. Three-fourths 133 percent of the federal poverty level (cur- of the agency directors said they already rently $29,326 for a family of four). That in Forsyth, GA. It is about halfway be- fear their appropriations will not be enough could add an estimated 11 million people to tween Macon and Atlanta. I had done a and that lawmakers will have to find more the rolls. speech at the Law Enforcement Train- money or, more likely, cut benefits or pro- Initially, the federal government would ab- ing Center and decided to go into the vider payments. sorb most of the cost. But the bills vary on local sandwich shop in downtown One such state is Nevada. ‘‘We’re seeing that score and some states may bear higher Forsyth and have a sandwich and greet the trajectories of our enrollment growth as costs than others. Three-fourths of the Med- people and say hello. I had greeted peo- icaid directors said they thought the changes well as our revenues all going in the wrong ple and said hello. There were about 10 direction,’’ said Charles Duarte, adminis- might deepen their budget holes. trator of the state’s Division of Health Care ‘‘Many officials felt that their states would of them in the room. I went up to get Financing and Policy. be unable to finance the cost of a Medicaid my sandwich. When I came back this Medicaid is, by definition, a counter- eligibility expansion unless the federal gov- lady had circled all the tables around cyclical program. Demand for it is always ernment assumed 100 percent of the costs, es- and saved a seat for me, and said: Sen- highest at the time that states can least af- pecially during the early years,’’ the report ator, we are going to have a townhall ford it because of slumping tax revenues. said. meeting. They started talking to me The highest spikes in Medicaid enrollment Mr. ALEXANDER. Mr. President, the about their concerns. often trail the worst recessionary indicators. headline is ‘‘Rate of Enrollment in Toward the end of the meeting, one It was not until a year after the 2001 reces- Medicaid Rose Rapidly, Report Says.’’ sion that the growth in Medicaid enroll- gentleman at the end of the table fi- ments peaked at 9.3 percent. The recession is driving up enrollment in nally said: Senator, I want to tell you Vernon K. Smith, who directed the survey Medicaid at higher than expected rates, a story. I am a pediatric ophthalmol- for Health Management Associates of Lan- threatening gargantuan State budget gaps— ogist. I am the last pediatric ophthal- sing, Mich., said he doubted that enrollment This is the New York Times; this is mologist who takes Medicaid patients. growth would reach that level as a result of not the Republican Party saying this— He said: I just want to tell you what this recession, but that it was not out of the even as Congress and the White House seek is happening because of the pressure on question. ‘‘Significantly many states said to expand the government health insurance Medicaid expenses. the pace of growth accelerated as the year program for the poor and disabled. went on,’’ he said. He said: I have a child right now who Some states did cut certain Medicaid bene- It goes on to say: has a condition where if it is not ad- fits last year, and two-thirds of them either As unemployment surged, enrollment in dressed, the child will go blind. There froze or reduced payments to providers. State Medicaid programs grew by an average is a medicine, it is very expensive, but Those payments are typically the lowest of 5.4 percent in the previous fiscal year, the it can restore the cornea and the lens made by any insurer—often falling below ac- highest rate in 6 years . . . in eight States, and help that child to be able to see. the growth exceeded 10 percent. tual costs—and as a result some physicians We have submitted it three times to decline to accept patients with Medicaid. Three-fourths of the agency directors of Nonetheless, state budgets were buffered Medicaid said they already fear their appro- Medicaid, and they will not pay it. It is from even worse pain by the federal stimulus priations will not be enough and that law- the only drug. There is not an option. package enacted in February. The largest makers will have to find more money or, There is not a generic substitution. It single component of state aid in the package, more likely, cut benefits or provider pay- is one of the breakthroughs. worth about $87 billion, provided a tem- ments. So what we have already going on in porary increase in federal Medicaid reim- One such State is Nevada. health care and in our entitlement pro- bursement to the states. The home State of the majority lead- grams, but in particular in Medicaid, is The survey found that 38 states used the er. we try and manage the expense by less- money to avoid or reduce cuts in provider We’re seeing the trajectories of our enroll- payments and that 36 avoided benefit cuts. ening the amount we reimburse. The ment growth as well as our revenues all unintended consequence of that is we Because the federal money was conditional going in the wrong direction— on states not reducing eligibility for Med- lose physicians who finally say: I am icaid, 14 states reversed previously enacted Said their head of financing. State just not going to take Medicaid pa- restrictions and five abandoned plans to budgets were buffered from even worse tients anymore. tighten coverage. pain by the stimulus package, but the Then, the ones who finally are doing But state officials are already panicking New York Medicaid director said her it, then we start to see what they sub- about how to compensate when the spike in State would face a $5 billion annual mit as a treatment not being approved federal matching funds expires at the end of gap and would have to consider deep for reimbursement. So the unintended 2010. Few anticipate any significant reduc- cuts in home and personal care, and tion in their Medicaid rolls by then. consequence of putting even more pres- ‘‘Many states believe they may be pres- that is before we make any changes or sure on the Medicaid system is going to sured to consider previously unthinkable eli- add any costs. put more pressure to ration health care gibility and benefit reductions,’’ the Kaiser When the Federal Government talks for all Medicaid patients, and that is report concluded. Unless Congress and Presi- about adding State Medicaid costs: not fair nor is it right. dent Obama extend the federal aid, the cuts Three-fourths of the Medicaid directors— Mr. ALEXANDER. No, it is not fair needed to balance state budgets may be ‘‘on The New York Times said— or right. The Governors have said, a scale not ever seen in Medicaid,’’ the au- said they thought the changes might deepen thors warned. Democratic and Republican Gov- ‘‘What we will have to look at is wholesale their budget holes. ernors—and the Senator raised a sec- elimination of eligibility groups,’’ Mr. What do you suppose in Georgia—al- ond point about this Medicaid expan- Duarte said. ready struggling in the way you have sion: that dumping millions more low-

VerDate Nov 24 2008 23:41 Oct 01, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.003 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10002 CONGRESSIONAL RECORD — SENATE October 1, 2009 income Americans into Medicaid is not businesses, but also for state governments. ment, can help to lower the cost curve over health care reform because Medicaid, Congress is proposing significant expansions the long run and improve health outcomes in as the Senator just pointed out, so of Medicaid to help reduce the number of un- the near term. This was one of the corner- poorly reimburses the doctors and the insured and to increase provider reimburse- stone pieces of my health care reform pro- ment. Today, California administers one of posal in California, and I continue to believe hospitals that about 40 percent of doc- the most efficient Medicaid programs in the it should be a key piece of the federal efforts. tors will not see Medicaid patients. country, and still the state cannot afford its Prevention, wellness and chronic disease So when we say to someone: Con- Medicaid program as currently structured management programs should include both gratulations, we have just fixed the and governed by federal rules and regula- the individual and wider population levels. health care system; we have dumped tions. The House originally proposed fully At the individual level, proposals to pro- you into Medicaid, you are giving funding the expansion with federal dollars, vide refunds or other incentives to Medicare, somebody a bus ticket to a bus system but due to cost concerns, members decided to Medicaid and private plan enrollees who suc- that operates 60 percent of the time. So shift a portion of these expansion costs to cessfully complete behavior modification states. I will be clear on this particular pro- programs, such as smoking cessation or the first thing we are doing with the posal: if Congress thinks the Medicaid expan- weight loss, are critical reforms. To ensure proposal as it is coming toward us is sion is too expensive for the federal govern- they are widely used, individual prevention we are—and I am not exaggerating—we ment, it is absolutely unaffordable for and wellness benefits should not be subject are potentially bankrupting States. states. Proposals in the Senate envision to beneficiary cost sharing. Speaking of States, let me just share passing on more than $8 billion in new costs Because individuals’ behaviors are influ- one letter with Senator ISAKSON from to California annually crowding out other enced by their environments, health reform the Governor of California. priority or constitutionally required state must place a high priority on promoting This is a State that has really strug- spending and presenting a false choice for all healthy communities that make it easier for gled with its budgets. They have a of us. I cannot and will not support federal people to make healthy choices. California has demonstrated through its nationally rec- number of problems. health care reform proposals that impose bil- lions of dollars in new costs on California ognized tobacco control efforts that popu- Here is what the ‘‘Terminator’’ has each year. lation-based strategies can be effective and to say. He wrote to Senator REID and The inclusion of maintenance of effort re- dramatically change the way the people to Senator MCCONNELL on the Repub- strictions on existing state Medicaid pro- think and act about unhealthy behaviors, lican side and Speaker PELOSI. It is a grams only compounds any cost shift to such as tobacco use. A similar model, com- long letter. This is the basic idea. Ar- states. We simply cannot be locked into a munity transformation grants, has been ad- nold Schwarzenegger says: cost structure that is unsustainable. Gov- vanced in the Senate Committee on Health, Education, Labor, and Pension legislation, I will be clear on this particular proposal: ernors have three primary ways to control and it should be included to support policy, if Congress thinks the Medicaid expansion is Medicaid costs: they can adjust eligibility, environmental, programmatic and infra- too expensive for the federal government, it benefits and/or reimbursement rates. Main- structure changes that address chronic dis- is absolutely unaffordable for states. tenance of effort requirements linked to ex- isting Medicaid eligibility standards and pro- ease risk factors, promote healthy living and Governor Schwarzenegger goes on to cedures will effectively force state legisla- decrease health disparities. say: tures into autopilot spending and lead to Quality improvement measures are also Proposals in the Senate envision passing chronic budget shortfalls. critical to health reform. The House proposal on more than $8 billion in new costs to Cali- The federal government must help states for a Center for Quality Improvement to im- fornia annually—crowding out other prior- reduce their Medicaid financing burden, not prove patient safety, reduce healthcare-asso- ities or constitutionally required state increase it. A major factor contributing to ciated infections and improve patient out- spending and presenting a false choice for all Medicaid’s fiscal instability, before any pro- comes and satisfaction is a positive step. Co- of us. I cannot and will not support federal posed expansion, is that the program effec- ordinated chronic disease management is health care reform proposals that impose bil- tively remains the sole source of financing necessary to improve outcomes for chron- lions of dollars in new costs on California for long-term care services. Therefore, I am ically ill people. Systematic use of health in- each year. encouraged by congressional proposals that formation technology and health informa- I ask unanimous consent that this create new financing models for long-term tion exchange, including access for public care services. Proposals that expand the health agencies, is vital to providing the nec- letter be printed in the RECORD. availability and affordability of long-term essary tools to measure the success of qual- There being no objection, the mate- care insurance are steps in the right direc- ity improvement efforts. Finally, invest- rial was ordered to be printed in the tion, but they must be implemented in a fis- ments in core public health infrastructure RECORD, as follows: cally sustainable way. More fundamentally, can be facilitated through the creation of the JULY 31, 2009. however, the federal government must take proposed Prevention and Wellness Trust. Hon. HARRY REID, full responsibility for financing and coordi- COVERAGE FOR ALL Majority Leader U.S. Senate, Washington, DC. nating the care of the dually eligible in order Coverage for all is also an essential ele- Hon. MITCH MCCONNELL, to appreciably reduce the cost trend for this ment of health care reform and I believe an Minority Leader, U.S. Senate, Washington, DC. group. This realignment of responsibilities is enforceable and effective individual man- Hon. NANCY PELOSI, absolutely essential to controlling costs for date, combined with guaranteed issuance of Speaker of the House, House of Representatives, this population, while ensuring that state insurance, is the best way to accomplish this Washington, DC. governments will be better positioned to fill goal. The individual mandate must provide Hon. JOHN A. BOEHNER, in any gaps that will undoubtedly arise from effective incentives to help prevent adverse Minority Leader, House of Representatives, federal health care reform efforts. selection that could occur if the mandate is Washington, DC. I also encourage Congress to incorporate too weak. Creating transparent and user- DEAR SENATOR REID, SENATOR MCCONNELL, other strategies to help stabilize Medicaid friendly health insurance exchanges to help MADAM SPEAKER AND MR. BOEHNER: I appre- costs for states. Delaying the scheduled consumers compare insurance options will ciate your commitment and hard work to- phase-out of Medicaid managed care provider also help facilitate participation. States ward reforming the nation’s health care sys- taxes pending enactment of new Medicaid should maintain a strong role in regulating tem. I think we can all agree that the cur- rates, reimbursement for Medicaid claims the insurance market and have the ability to rent system is not working as it should, and owed to states associated with the federal maintain and operate their own exchanges, I have long supported a significant overhaul. government’s improper classification of cer- with the understanding that some national Costs continue to explode, while tens of mil- tain permanent disability cases, and federal standards will need to be established. Cali- lions remain uninsured or underinsured. support for legal immigrant Medicaid costs fornia has a long history of protecting con- Many families are one illness away from fi- are examples of federal efforts that could sumers through our two separate insurance nancial ruin—even if they do have insurance. provide more stability to state Medicaid pro- regulators, one covering health maintenance We have the greatest medical technology in grams. Moreover, given the fiscal crisis that organizations and the other monitoring all the world at our fingertips, yet Americans’ many states, including California, are expe- other insurance products. Maintaining a health status lags behind many countries riencing, I strongly urge Congress to extend strong regulatory role at the state level is in that spend less than half what we do per cap- the temporary increase in the federal match- the best interest of consumers, and I urge ita. Any successful health care reform pro- ing ratio to preserve the ability of state Congress to maintain this longstanding and posal must be comprehensive and built Medicaid programs to continue to provide es- effective relationship as you design these around the core principles of cost contain- sential services to low-income residents new market structures. ment and affordability; prevention, wellness pending full implementation of national I hope our experience in California work- and health quality; and coverage for all. health reform. ing toward comprehensive health care re- COST CONTAINMENT AND AFFORDABILITY PREVENTION, WELLNESS AND HEALTH QUALITY form has informed the debate in Washington. Cost containment and affordability are es- Prevention, wellness and health pro- There will be many short-term triumphs and sential not only for families, individuals and motion, along with chronic disease manage- seemingly insurmountable roadblocks for

VerDate Nov 24 2008 23:41 Oct 01, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.012 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10003 Congress and the nation on the road to com- lines and insurance sales across State some cannot. In the case of those who prehensive health care reform. We must all lines and allow like professions to asso- worked for me, it forced second-career, remain focused on the goal of fixing our ciate together to form larger risk pools middle-aged people not to be able to health care system and remember that we all to compete with major corporations. participate in a group policy. They had have something to gain from the reforms, and we all have a shared responsibility to And then insurance becomes more ac- to buy insurance in the spot market. achieve them. I look forward to working cessible and affordable. That spot market in health care is ex- with you as you move forward on this des- This debate we are having over Med- pensive because there is no shared risk. perately needed legislation. icaid and the Governors’ immediate re- You don’t have young people, older Sincerely, action—which is 100 percent of the people, and well people to balance the ARNOLD SCHWARZENEGGER. Governors, not just a couple—dem- cost of the pool. You have one indi- Mr. ALEXANDER. Madam President, onstrates to us that we need to slow vidual who, if they already have health I say to the Senator from Georgia that down and take step-by-step approaches problems, may be uninsurable because we are not being clever when we say we to begin addressing the uncovered and of a preexisting condition. would like to be cosponsors of the uninsured without creating unintended It is important that we look at the Harry Reid amendment. The problems consequences that bankrupt States and existing unintended consequences in of the States are so well documented ration health care. the Tax Code that prohibit companies today. They don’t just exist in Nevada Mr. ALEXANDER. The Senator is from being able to offer group medical or the two or three other States he being very sensible. I think most insurance to the independent contrac- picked out yesterday; they exist in Americans would agree with us that tors who work for them. California, which is now not part of the our goal is to reduce the costs of health Mr. ALEXANDER. That is exactly Reid amendment. I guess that Senators care—reduce the costs of your health right. FEINSTEIN and BOXER would be happy care insurance when you buy it and re- As we think about Senator REID’s to cosponsor the Reid amendment if it duce the costs to your government that amendment and also the step-by-step included California. I certainly would is running up a big debt every year. proposals, one way to describe his be if it included Tennessee. I know the The Senator from Georgia mentioned amendment is to say to Nevada—and Senator from New York and others two specific ways we can take steps in Oregon, Rhode Island, and Michigan— would be also. the right direction without getting that we are going to pay 100 percent of Our States cannot afford to have the into this business of taking over so your Medicaid costs. That is a step in Federal Government say: We are going much in Washington, with trillions of the right direction. I think that is the to expand your health care, Mr. and dollars of debt, passing on big taxes to way I should characterize that. That is Mrs. Low-Income American. It is not a States, and cutting Medicare and not a criticism of the majority leader. very good health care program. And threatening seniors in a whole variety That is saying: Mr. Majority Leader, then we are going to send 40 percent of of other ways. One was to allow small you are going in the right direction, the bill to States that are already businesses to pool their insurance so but you didn’t include Tennessee, and bankrupt, making it more difficult for they could offer more to their employ- Tennessee is not expected to recover to them to provide good care. ees. That could affect millions of the 2008 levels until 2014. State employ- Mr. ISAKSON. The Senator from Americans. Another was to sign up ees won’t receive raises for 6 years, the Tennessee has said frequently over the more people who are already eligible. reserves will be depleted, and there will last couple of months that what we Another is to do something about junk be no new construction projects. really need to do is take a step-by-step lawsuits against doctors that are driv- Our Governor, a Democrat, said this approach. Comprehensive health care ing up costs. Another is to create more proposal is the mother of all unfunded reform’s unintended consequences will insurance exchanges in the States. We mandates. So I think Tennessee Sen- be a disaster because it affects 17 per- have proposed these. ators would like to be included in the cent of the economy. You are taking People say: Where is the Republican Reid amendment. I imagine the Texas the entitlements and 86 percent of the plan? If they are looking for some com- Senators would too. The Texas Med- people who have some coverage and prehensive, trillion-dollar, thousand- icaid office says the proposal would you are threatening that they have to page bill, they are not going to see it. cost their State $20 billion over 10 go into a government option. This Med- If they are looking for four or five years if we here expand Medicaid there icaid debate is a good example of how practical steps to move in the right di- and make them pay for a third or 40 we need to take a step-by-step ap- rection, we talk about that every day, percent of that. The South Carolina proach, we need to take first things and we are not afraid to warn against Governor says it would cost their State first. the big, thousand-page bill plans. We $1.1 billion over 10 years. I imagine In the report before our committee, compliment the Senator from Nevada those Senators would like to be a part the HELP Committee, on which we for recognizing that it would ruin his of this. The Alaska Governor says it serve together, we spent 671⁄2 hours in State if we passed this bill, and we would cost $140 million in State gen- the markup on that bill during the hope we have the opportunity to co- eral funds. I imagine the Alaska Sen- months of June and July. We heard sponsor that amendment so it applies ators would like to cosponsor the about the uninsured and the uncovered to every State. amendment. Governor Schwarzen- in America. Of that 14 to 16 percent we Mr. ISAKSON. There is no question— egger—I suppose his Senators would hear about, a number of them are when the Senator referred to inde- like to be part of this as well. The Ne- Medicare or Medicaid eligible, and they pendent contractors, I had a flashback braska Governor says this could mean are not enrolled. So the first step we to my 33 years in business. For 22 of higher taxes in Nebraska, cutting ought to take is to say we are going to those years, I ran a real estate broker- State aid to Nebraska school districts create a mechanism where every Med- age company. I had accountants, secre- as well as State appropriations to uni- icaid-eligible person and Medicare-eli- taries, and backroom operators. All my versities. This proposal is not in Ne- gible person is covered, which would salespeople were independent contrac- braska’s best interest. The South Da- probably mean that when someone vis- tors. I provided group medical under kota Governor said so as well. its a hospital because they are ill and ERISA for my secretaries, backroom This is serious business for the they are qualified for Medicare or Med- operators, and my employees, but the States. It is easy, when you come to icaid, they get enrolled automatically Federal law—the IRS Code—prohibits Washington, to forget about the so that they do have the coverage. an employer from providing health States. In the States, if you are a Gov- That is the first step we ought to take care to an independent contractor. ernor or if you are a legislator, as the in terms of entitlement. So here we have another unintended Senator from Georgia and I have been, Then we can take another part of the consequence of a Federal mandate that you have to put all your responsibil- uninsured—those people you and I talk says to somebody: Simply because of ities out there ahead of you. The first about, the independent contractors, the way in which you establish your- one is education. You take the avail- small businesspeople—and we can allow self and earn your income, some people able money and spend it as best you the forming of risk pools across State can get group medical coverage and can and you balance your budget. Then

VerDate Nov 24 2008 23:41 Oct 01, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.008 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10004 CONGRESSIONAL RECORD — SENATE October 1, 2009 you look up to Washington, and here will only be two out of four or one out Mr. ALEXANDER. I thought you said comes some Congressman or Senator of three; and pretty soon the next thing 2 minutes 54 seconds. We will continue. saying: I have a great idea; let’s expand is that seniors will have health care I remember former Senator WARNER health care all over your State and you that is inaccessible and their doctors once said when he first came to the will pay for it. That is called an un- will not be available. That is a dan- Senate, he was sitting there wondering funded Federal mandate. It is the gerous road to go down. what to do. One of the older Senators wrong thing to do. The Senator from Mr. ALEXANDER. I hear our friends came over and said to him: Son, you Nevada noticed it in his State. on the other side say: Republicans are will have no trouble getting used to All States would like to be part of trying to scare you about Medicare this. All you have to do is stand up and that amendment. cuts. We are not trying to scare any- start talking and eventually you will Mr. ISAKSON. I agree. You cannot body about Medicare cuts. We just lis- think of something to say. just treat 4 States differently from the ten, and the President said in his I think we have something of consid- other 46. You have to treat everybody speech to us that the savings for this erable importance to say. What we are alike. program—nearly $1⁄2 trillion in savings saying is we need health care reform I say to Senator ALEXANDER that to pay for the new program is coming and the focus should be on reducing there is another step-by-step thing we from savings in Medicare. That is costs and we ought to go step by step ought to talk about. In the pay-fors— Medicare cuts. We know the specific toward those costs. That is our pro- the Medicaid increase of 150 percent is proposals are $130 billion in cuts to posal, instead of these big, comprehen- a pay-for. It is part of the cost of insur- Medicare Advantage, which one out of sive, trillion-dollar, 1,000-page bills ing everybody. There is another one; four Medicare seniors has; $120 billion with all these unintended con- that is, the assumed $500 billion in sav- in Medicare cuts to hospitals; $40 bil- sequences. ings from waste, fraud, and abuse in lion to home health agencies; $8 billion We are talking about one of those un- Medicare. I got a phone call—— to hospices. intended consequences, which is a very Mr. ALEXANDER. That often con- Our point, if I am correct about severe consequence for the States. The fuses people. Medicaid is the program this—and if I am not, please correct idea that Senators and Congressmen we have been talking about, of which me—of course there could be savings in would decide to expand a program that States administer and pay a third or 40 Medicare, in the growth of it, but if we is going to cover one out of four Ameri- percent. That has about 59 million peo- have savings in Medicare, we ought to cans, called Medicaid, and just send the ple in it. The proposal is to move it to put the money into Medicare; we ought bill to the States which, according to where one out of four Americans would not to take it from grandma and spend today’s Wall Street Journal: ‘‘plunging be on Medicaid. There is also Medicare, it on somebody else. That is the prob- state revenues noted that the second which has about 40 million people, all lem. The other day, the Senator from quarter was the worst performance for seniors. Kansas said it is like writing a check state taxes since at least the 1960s.’’ Mr. ISAKSON. This is my Medicare on an overdrawn bank account to buy a This is not just Nevada and Michigan month. I am supposed to enroll. So it is big, new car. Whatever money we and Oregon and Rhode Island, which now a personal issue with me. ought to have ought to go in the over- are the four States that were in the Mr. ALEXANDER. That is the way it drawn bank account, which is Medi- majority leader’s amendment. This is is with most Americans. It has become care. virtually all the States. a personal issue, and I think that is Mr. ISAKSON. That is correct. If the Senator from Georgia will in- why so many people are going to town- Social Security is another example of dulge me for a moment, I have several hall meetings. what happens when you don’t have letters from Governors to Senators Mr. ISAKSON. I did a telephone good fiscal discipline. Unfortunately, that I ask unanimous consent to have townhall meeting, and a fellow said: for the better part of half a century, printed in the RECORD at the end of our Senator, I have a question for you. If when people have paid their FICA taxes remarks. there is $500 billion in savings in Medi- to go into the Social Security trust The ACTING PRESIDENT pro tem- care, why aren’t you all using it now to fund, it goes in and then immediately pore. Without objection, it is so or- help save Medicare instead of giving it it is replaced by an IOU and the money dered. to another program to pay for it? Medi- is moved to general appropriations and (See exhibit 1.) care is going broke by 2017. spent. That is why Social Security is Mr. ALEXANDER. Madam President, Mr. ALEXANDER. Yes, and that is going broke in 2037. I just got my state- here is a letter to Mr. BILL NELSON, a not just a casual statement. Those are ment last week, and on the cover—ev- Senator from Florida, from Gov. Char- the Medicare trustees, whose job it is erybody ought to read their Social Se- lie Crist, talking about enrollment in to look over the Medicare money, who curity letter, the column on the right- Florida’s Medicaid Program increasing are saying it is going broke by 2015 to hand side which tells you what the and how the State of Florida cannot af- 2017. trustees are telling you about the sol- ford to spend more. Mr. ISAKSON. They are saying it is vency of Social Security. I have a letter from Governor Otter over. So we are selling a revenue saver We cannot make any more hollow of Idaho to Senator CRAPO: ‘‘It has to pay for the expansion of health care promises to the American people. We been estimated that combined federal- at the Federal level by saying we are have to keep the promises we have state Medicaid costs in Idaho could in- going to reduce payout for seniors in made, and those promises are Medi- crease by $501 million.’’ Medicare by $1⁄2 trillion in waste, fraud, care, Social Security, and Medicaid. So I have a letter from Governor Daniel and abuse. Well, assuming we know instead of expanding things we already of Indiana to Senator LUGAR which there is $1⁄2 trillion there, it ought to can’t afford, we need to be finding ways says: ‘‘We have estimated that the already be cut out and it ought to be to stabilize them before we run off and price for Indiana could reach upwards going into the Medicare trust fund to make a promise we can’t keep. of $724 million annually.’’ shore it up so it lasts longer than 2017. Mr. ALEXANDER. Madam President, We talk about big numbers in Wash- We should never promise we are going how much time do we have remaining? ington so much that maybe this to pay for something on something we The ACTING PRESIDENT pro tem- doesn’t sound like much. But I did an think is there and then just move the pore. There is 13 minutes 54 seconds re- estimate of what it would cost, I say to numbers down for the convenience of maining. Senator ISAKSON, in Tennessee if we ex- making a sale today. Mr. ALEXANDER. Two minutes panded Medicaid in the way it is pro- I think, as a senior, and on behalf of fifty-four seconds. If the Senator from posed here and we increase the reim- all seniors, we all realize if that $1⁄2 Georgia will permit me, I ask unani- bursement rate so patients in Medicaid trillion isn’t there in waste, fraud, and mous consent to put in the RECORD the will actually have somebody to go see, abuse, the first thing you are going to following—— a doctor or a hospital to go see. I said do is have reimbursements cut; the The ACTING PRESIDENT pro tem- it equaled about a new 10-percent State next thing, instead of three out of four pore. The Senator has 13 minutes re- income tax. Some group in Tennessee doctors taking Medicare patients, it maining. said: The Senator is wrong, it is only

VerDate Nov 24 2008 23:41 Oct 01, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.014 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10005 about a 3-percent new State income percent of ours and the rest want to be ment is almost 17 percent above the same tax. Well, either one, we don’t want part of that as well. month in 2008. Total enrollment, including elected representatives in Washington Mr. ISAKSON. The American people our Title XXI KidsCare program, in July deciding for us whether we want a new understand. This colloquy has been reached 1,275,109 members, which is almost 19 10-percent or 3-percent State income helpful to demonstrate something, I percent of the state’s total population. tax. say to Senator ALEXANDER. We on the I am proud that AHCCCS program has There are just a few more I wish to Republican side have been accused served as a model for other state Medicaid include. I have a letter to Senator from time to time of being obstruction- programs across the country in terms of cost REED from the Governor of Rhode Is- ists on health care reform. I think we containment. This is due, in large part, to land. Of course, Rhode Island was in- indicated this morning we have been the fact that AHCCCS is a capitated man- cluded in the majority leader’s amend- instructive, going on a step-by-step aged care model and 65 percent of its long- term care members receive home and com- ment. They should feel pretty good. basis, dealing with the problems man- munity based services rather than institu- They are going to get 100 percent of ageable one at a time, not sacrificing tional care. According to the Kaiser Family their Medicaid paid. Social Security or Medicaid or Medi- Foundation, AHCCCS has the lowest per The Governor of Arizona has written care, not sacrificing our States and member per year (PMPY) cost among Med- to Senator MCCAIN and Senator KYL to forcing them into the impossible posi- icaid programs in the country. The average point out that ‘‘Arizona is facing one of tion of declining revenues and increas- PMPY costs are: 1) $5,645.52 for acute care; 2) the worst financial deficits in the na- ing costs through a mandated Federal $45,960.72 for long-term care, which is a tion. . . .’’ If Arizona is facing one of program that, in the end, is only going blended average of our elderly and physically the worst financial deficits in the Na- to result in rationing of care to Med- disabled and developmentally disabled pro- tion, why is it left out of the majority icaid-eligible beneficiaries and more grams. The weighted average PMPY cost leader’s amendment? It seems to me and more pressure on our States al- across all Title XIX groups is $7,182.60. the citizens of Arizona deserve just as ready. I am concerned that the Medicaid expan- much attention. I imagine their Sen- We are not trying to obstruct any- sion proposals being discussed at the federal ators would like to cosponsor it as thing. We find it very instructive that level do not consider the fiscal difficulties well. there are ways, on a step-by-step basis, states are facing and are likely to continue I have a letter from the Governor of that we can close the gap on the num- to face over the next few years. At the same Louisiana talking about an unprece- ber of uninsured people without taking time as Congress is considering prohibiting dented fiscal situation and the Gov- away the benefits others have. states from changing their Medicaid eligi- ernor of Mississippi saying: I thank the Senator for allowing me bility standards, there have been discussions about establishing a federal floor for Med- In Mississippi, the issue of Medicaid expan- the opportunity to participate in this icaid provider rates, which even further lim- sion hits close to home, since our state’s discussion. We are learning from our its state flexibility in setting funding levels. share of the Medicaid is currently $707 mil- Governors. I have learned from my lion. . . . State flexibility has been key to Arizona’s townhall meetings and from my visits success in developing and efficiently man- ‘‘According to the National Associa- in Georgia. We understand America is aging a Medicaid program that provides high tion of State Budget Officers, Governor tuned in and a lot of America, 16 per- quality care at a low cost. Barbour said, Medicaid expenses . . . cent of it, needs attention for more af- were $336 billion’’ for State and local Even with our strong cost containment fordable, accessible health care. Let’s measures, I remain concerned about Arizo- government and a third of that is State be about the business, on a step-by-step na’s ability to sustain the existing AHCCCS money, and we are just going to up it. basis, of providing that and closing model, let alone a mandatory expansion to We don’t raise that money, we just that gap without threatening to de- 150 percent, regardless of whether the federal send them an edict from Washington stroy the programs we have established government provides full financing of the ex- and say: We have decided that a good over the years and promised to our sen- pansion for the first five years. Medicaid is thing to do is to increase the number of iors and to those less fortunate. already an increasing share of state budg- low-income Americans in your Med- Mr. ALEXANDER. Madam President, ets—Arizona’s General Fund spending on icaid Program and you pay for it, you I thank the Senator from Georgia for AHCCCS has increased by 230% over the past take it out of this road, you take it out his experience in State government and ten years, and has risen from 8 percent of of this teacher’s salary, you raise the for his comments today. We want the General Fund spending in FY 1999 to an esti- tuition at the University of Tennessee majority leader to know our comments mated 16 percent in FY 2009. Maintaining this level of spending increases will be dif- or Georgia and you cut their State yesterday were not to be critical of funds. That is up to you, but we are ficult, especially given that Medicaid enroll- him, just to say we think he is on the ment and costs continue to rise. Moreover, going to pass the program. right track. He said to four States: If Arizona’s revenues are not expected to turn Here is a letter to the Senator from we expand your Medicaid, we are going around for several years and, even when they Nebraska saying this new unfunded to pay for it. We would like to include do rebound, we would require significant rev- Federal Medicaid mandate could result all States. enue growth in order to sustain rising ex- in higher taxes in Nebraska or in cut- I yield the floor. penditures for the existing Medicaid pro- ting State aid to Nebraska school dis- EXHIBIT 1 gram. tricts. I imagine the Senators from Ne- STATE OF ARIZONA, Attached, please find data responsive to braska, both of whom were Governors, Phoenix, AZ, July 16, 2009. your requests. There is a summary sheet would be happy to be cosponsors of the Senator JOHN MCCAIN, that provides an overview of the information Reid amendment. U.S. Senate, requested, along with several other sheets Here is the letter to Senator GRAHAM Washington DC. that provide additional detail. As you know, from the Governor of South Carolina. Senator JON KYL, there are many unanswered questions re- Another from the Governor of Ala- U.S. Senate, garding the proposals. This analysis includes bama; a letter from the Governor of Washington, DC. the assumptions that were used to develop Alaska and the Governor of Guam. DEAR SENATOR MCCAIN and Senator KYL: the figures, which will obviously change as Thank you for the opportunity to provide in- the proposals are refined. I say to Senator ISAKSON, we have formation about Arizona’s Medicaid pro- been fairly specific on one point. I gram, the Arizona Health Care Cost Contain- Please do not hesitate to contact my office heard on the television this morning ment System (AHCCCS). if you have questions or should require addi- someone said this is so confusing to the As you know, Arizona is facing one of the tional information. I share your concern re- American people; they don’t under- worst financial deficits in the nation and garding Arizona’s ability to expand its Med- stand it. I think they can understand projections show that the State is expected icaid program and what the long-term fiscal an unfunded Federal mandate. I think to make a slow recovery. In the meantime, implications will be for Arizona, and I hope you find this information useful as you con- they can understand the Governor has unemployment has continued to increase and counter-cyclical programs like AHCCCS sider the various proposals that are before to raise taxes unless Congress pays 100 have continued to experience record-break- you. percent of it. I think they can under- ing enrollment. In the last four months Sincerely, stand it when the majority leader picks alone, AHCCCS has grown by more than JANICE K. BREWER, out four States and says we will pay 100 100,000 new enrollees, and July 2009 enroll- Governor.

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STATE OF INDIANA, uncertain of the possible negative impacts share of the Medicaid program is currently Indianapolis, IN, September 8, 2009. on local businesses, families and senior citi- $707 million, or 12 percent of a $5.87 billion Hon. RICHARD LUGAR, zens. However, it is clear that these sweeping state-supported budget, which includes tem- Hart Senate Office Building, proposals would irresponsibly shift a sub- porary stimulus funds. Washington, DC. stantial and unmanageable financial burden Nevertheless, the current proposals, both DEAR SENATOR LUGAR: During your sum- to the states. Like Idaho, many states al- in the House and Senate, will expand the mer recess I am sure that many, if not all of ready are functioning under severely limited Medicaid program at additional costs paid you heard from your constituents regarding and strained budgets. It is certain that the not by the federal government, but passed health care reform. burden of these reforms would be placed down to the states. After a call with the gov- I have heard from them as well. In fact, upon the shoulders of hardworking Ameri- ernors representing the NGA Healthcare over the past few months, I have watched cans. Task Force and the Senate Finance Com- Americans come forward to passionately ex- The costs associated with these proposed mittee, Chairman Baucus told the news press their anxieties about the legislation reforms are astounding. Conservative esti- media it would be impossible for the federal currently making its way through Congress. mates from the Idaho Division of Medicaid government to pick up all the costs for new Their worries are well-founded. indicate that the bill’s Medicaid eligibility Medicaid recipients; thus, states would have There is no disputing the fact that aspects proposal would increase our state share of to bear some of the costs. of American health care, such as access and Medicaid and the federal matching rate ef- Why? Although CBO appears to estimate affordability, truly do need to be restruc- fective would drop in the middle of fiscal that H.R. 3200 will cost more than $1 trillion tured and improved. Yet, I have serious con- year 2011, leaving Idaho struggling to fill the over the next ten years, the fine print re- cerns about Congress’s proposed solutions to void. Idaho’s tax base could not support this veals the true cost would be much higher. By imposing tax increases early in the budget these problems. In fact, I fear the current large unfunded mandate without resorting to window, before the bulk of the spending oc- rush to overhaul the system will ultimately tax increases, including a possible increase curs, the true cost of the bill is hidden by do more damage than good and create far in Idaho’s already 6-cent sales tax—an irre- budget gimmickry. Delaying the implemen- more problems than it solves. sponsible action which would do serious tation of the program until the fourth year And unfortunately, Indiana would bear the harm to Idaho taxpayers. The proposed re- also uses budget tricks effectively to hide brunt of many of the reckless policies being forms would impose an undue burden on citi- the immense long-term cost of this proposal. proposed. For example, our Healthy Indiana zens already struggling in this difficult econ- CBO has projected a 10-year deficit of more Plan (HIP), an innovative and successful omy. than $200 billion associated with the bill as state sponsored health insurance program It has been estimated that combined fed- is. However, when the full cost of the bill is for uninsured citizens, would suffer greatly eral-state Medicaid costs in Idaho could in- taken into account after it is fully imple- as Congress expands Medicaid coverage, forc- crease by $501 million. In addition, raising mented, the spending in the bill skyrockets ing many of the Hoosiers already enrolled in the Medicaid reimbursement rate to 110 per- to nearly $2 trillion over 10 years (2014–23) HIP out of the plan and into a broken Med- cent of the Medicare reimbursement rate with a deficit of more than $600 billion. I icaid program that does not focus on preven- would increase total federal-state costs $50 have included an attachment showing the tion, healthy lifestyles, or personal responsi- million more. scoring of H.R. 3200 the only comprehensive bility. This proposed change in the federal reim- health care reform bill CBO has scored. Additionally, states will likely have to bursement rate likely would reduce the num- According to the National Association of ber of plans that are offered to persons on pick up the tab for this extension of Med- State Budget Officers, Medicaid expenses in icaid. We have estimated that the price for Medicare, resulting in increased premiums 2007 for federal and state government com- Indiana could reach upwards of $724 million and reduced services and access to service bined were $336 billion. This number is pro- annually. These additional costs will over- providers. Seniors in rural Idaho already jected to reach $523 billion by 2013, a 56 per- whelm our resources and obliterate the re- have trouble finding providers who accept cent increase in just six years. Should the re- serves we have fought so hard to protect. Medicare patients. Should these changes be forms being debated in Congress become law, While these reforms could do serious dam- approved, that trend could continue state- Mississippi would be saddled with an average age to our state, I fear they will also have wide—severely limiting access to medical increase of $360 million in additional costs, harmful consequences all across the country care for some of Idaho’s most vulnerable on top of the already $707 million it costs to by reducing the quality and quantity of residents. fund Mississippi’s annual state share of the available medical care, stifling innovation, The people of Idaho have entrusted us with Medicaid program. These proposals, which and further burdening taxpayers. a responsibility to use our government re- would cover all individuals at 133 percent There is another way. Americans from all sources wisely and efficiently. Imposing federal poverty level (FPL), will burden walks of life and every political stripe should costly federal mandates that cannot be sus- state budgets, forcing states to raise taxes. work together with President Obama and tained in the long run is an irresponsible vio- In Mississippi, that would necessarily mean Congress to create a set of measured and sen- lation of this public trust. Quite simply, increases in our state income or sales tax sible reforms that bring down costs, increase these proposals are financially irresponsible rates. Mississippi, like so many states, sim- access and portability and stress the impor- and would not adequately address the needs ply can’t afford to pick up the tab for an- tance of innovative state-run health insur- of senior citizens and other vulnerable other unfunded mandate passed by Congress. ance programs. groups. Such state tax increases would be on top of The majority of Americans do believe that I encourage you to join me in opposing cur- the federal tax increases already included in health care reform is needed, but do not be- rent health care reform proposals. By ending the House and Senate bills, like huge tax in- lieve that the legislation currently on offer these nonsensical debates and stopping the creases on small businesses whether in the is the answer. I agree. And I will do every- proposed reforms, we can move forward in a form of an additional 8 percent payroll tax or thing in my power to raise these concerns more positive, measured and reasonable di- a 5.4 percent income tax surcharge. During a and work with you to find a solution. rection, using common sense to find a work- deep recession, when most people believe job Sincerely, able healthcare solution that benefits all creation and economic growth should be top M.E. DANIELS, JR., Americans. priorities, huge tax increases will make it Governor. As Always—Idaho, ‘‘Esto Perpetua,’’ more expensive to employ people; con- C.L. ‘‘BUTCH’’ OTTER, sequently, employers will employ fewer peo- STATE OF IDAHO, Governor. ple. Boise, Idaho, September 15, 2009. Medicare, the nation’s largest provider of Hon. MIKE CRAPO, STATE OF MISSISSIPPI, health coverage for the elderly and people U.S. Senate, Dirksen Senate Office Building, September 8, 2009. with disabilities covering over 46 million Washington, DC. Hon. ROGER WICKER, Americans, is on the chopping block. CBO DEAR SENATOR CRAPO: Idaho has a proud U.S. Senate, Russell Senate Office Building, has estimated that provisions in H.R. 3200 history of fiscal responsibility, ensuring that Washington, DC. would lead to a total of $162.2 billion in cuts our State government serves its proper role DEAR SENATOR WICKER: Governors across being taken from Medicare Advantage plans. for the people of Idaho while staying within the nation are growing increasingly con- This $162.2 billion impacts 11 million people their financial means. As the United States cerned about the financial strain rising and represents nearly $15,000 in new costs Congress attempts to address the healthcare healthcare costs are putting on state budg- passed to every Medicare Advantage senior challenges facing our nation, it is important ets. During the National Governors Associa- beneficiary. These harmful and arbitrary that we remain diligent in assessing the im- tion (NGA) meeting in July, governors—both cuts could result in Medicare Advantage plications of our decisions, always ensuring Republicans and Democrats—formalized plans dropping out of the program, harming that we take seriously our duty to safeguard their opposition to current Congressional re- beneficiary choice, and causing millions of the financial resources of the American pub- form proposals by issuing a policy opposing seniors to lose their current coverage. More- lic, and allocating taxpayer money in an effi- unfunded mandates that shifts costs to the over, the bill grants federal bureaucrats the cient and effective manner. states. This will necessarily require almost power to eliminate the Medicare Advantage As revised healthcare proposals continue all states to raise taxes to manage this bur- program entirely, making the oft-repeated appearing in Congress, the full consequences den. In Mississippi, the issue of Medicaid ex- statement, ‘‘if you like your plan you can of these reforms remain unknown and we are pansion hits close to home, since our state’s keep it,’’ ring hollow for seniors.

VerDate Nov 24 2008 00:35 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.005 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10007 Lastly, if we are trying to make health benefits and then abruptly reversed to make. I ask unanimous consent that care more affordable, how do you leave out that position with immediate effect. I have 5 minutes to conclude these re- tort reform? After all, litigation and the re- As Lieutenant Colonel McNorton ex- marks, if that is acceptable. sulting practice of defensive medicine add plained in a story carried by the Asso- The ACTING PRESIDENT pro tem- tens of billions to the cost of health care. In Mississippi we passed comprehensive tort re- ciated Press, section 8147 applies to pore. Without objection, it is so or- form in 2004, partially to stop lawsuit abuse military benefits, including health ben- dered. in the area of medical liability. It worked. efits, but it does not make members of Ms. MURKOWSKI. Madam President, Medical liability insurance costs are down 42 the Territorial Guard eligible for re- I also wish to recognize my friend and percent, and doctors have received an aver- tirement pay. colleague, Senator MCCAIN, who was age rebate of 20 percent of their annual paid I must emphasize, at this point, that there at the end to help us with this premium. The number of medical liability no Alaska Territorial guardsman issue. lawsuits against Mississippi doctors fell al- claimed a military pension solely be- The people of Alaska thank our col- most 90 percent one year after tort reform cause of his service in the Territorial went into effect. Doctors have quit leaving leagues, Senator INOUYE, Senator the state and limiting their practices to Guard. The Alaska Territorial Guard MCCAIN, and so many others for the avoid lawsuit abuse. was created in 1942 and disbanded in consideration that was given these With all the issues concerning a govern- 1947. Many members of the ‘‘Tundra Alaska Territorial guardsmen. Last ment-run health care system, I wanted to Army,’’ as some called it, continued to Friday, we were disappointed to learn warn you of the state tax increases Mis- serve in the Alaska National Guard and that some in the administration might sissippi will shoulder on top of the federal other units of the military. That serv- not share our enthusiasm for putting tax increases in the pending bills as well as ice, combined with service in the Terri- this matter to bed and restoring the re- my concern for the increased costs our sen- torial Guard, forms the basis for the ior citizens will face as Medicare Advantage tirement benefits for the 26 elderly is cut. Congress must slow down and work in claim. Alaska Native veterans. a bipartisan manner. Everybody agrees that I have come to learn that when you The statement of administration po- health reform is needed, but it should be use the term ‘‘Cruella’’ on the Senate sition on the Defense appropriations done thoughtfully. I hope you’ll keep this floor, people sit up and take notice. My bill contains two sentences that read important information in mind when pro- remarks were telegraphed across the as follows: posals that shift costs to states—or to our blogosphere and national media out- The administration objects to a new Gen- senior citizens—are considered. lets. The response that came from eral Provision that would count as ‘‘active Sincerely, across the country to the plight of the duty’’ service the time the Alaska Terri- HALEY BARBOUR, torial Guard members served during World Governor. 26 elderly Alaskans was truly heart- warming. Across the ideological spec- War II. This provision would establish a The ACTING PRESIDENT pro tem- trum, the response from the American precedent of treating service performed by a pore. The Senator from Alaska. people was outrage over this situation. State employee as active duty for purposes of the computation of retired pay. f The high level of national interest in The notion that restoring these bene- ALASKA TERRITORIAL GUARD the plight of these Alaska Territorial Guard members was not lost on the fits establishes a precedent of treating Ms. MURKOWSKI. Madam President, senior leaders of the Army. The Sec- service performed by a State employee on January 22 of this year, I came to retary of the Army rose to the occa- as active-duty service defies logic and the floor to inform our colleagues in sion. He reached into his emergency it defies history. Not only is it incon- the Senate about a decision by the De- and extraordinary expense fund—the sistent with the letter of Congress’s partment of Defense that service in the triple E fund—to continue the pay- finding in section 8147 of the 2001 De- Alaska Territorial Guard during World ments to those elders for 60 days, in fense Appropriations Act that the serv- War II would not be regarded as Active- the hope that Congress would have an ice was indeed Federal service, it is in- Duty service for purposes of military opportunity to address the issue by consistent with the facts, and I believe retirement. That decision reversed the then. it is inconsistent with the law. position that had previously been My colleague, Senator BEGICH, and I When our Lieutenant Governor—re- taken by the Army that this service promptly introduced legislation to cor- tired LTG Craig Campbell—heard this, did count toward military retirement. rect that situation, but the legislation he remarked: As a consequence, 26 elderly Alas- was not considered before the 60 days The administration doesn’t understand kans, descendants of the aboriginal of temporary payments ran out. The what the territorial guard is. This was an people who originally inhabited Alas- Alaska Legislature stepped up to fill initiative of the Federal Government. They ka, 26 Native people, predominantly the gap, and they enacted legislation provided a federal service. Eskimo, were about to see a substan- to continue the payments from State General Campbell recently retired as tial reduction in their military pen- funds until February of 2010 in order to, Adjutant General of the Alaska Na- sions, this all happening in the dead of again, give Congress the time to fix the tional Guard, and he is absolutely cor- an Alaska winter when we were paying problem. rect on this. extraordinarily high fuel prices. With the support of our colleagues— The Alaska Territorial Guard was At that time when I came to the and I especially appreciate the leader- created back in 1942 to protect Alaska floor, I wondered out loud what kind of ship and support from Senator LEVIN, from invasion by the Japanese. The no- government, what kind of ‘‘Cruella’’ my colleague and friend Senator tion that Japan had an interest in would cut the pensions of 26 elderly INOUYE, and Senator COCHRAN—lan- Alaska was far from speculative, as we people who stood up to defend Alaska guage to clarify that service in the know. The Japanese bombed Dutch and our Nation during World War II Alaska Territorial Guard counts to- Harbor and landed in Attu and Kiska in with absolutely no prior warning, no ward eligibility for retirement pay that the Aleutian Chain. Enemy submarines advanced notice? The answer was our was included in that 2010 Defense au- lurked in the Bering Sea. government, on advice of the lawyers. thorization bill—— The ATG was organized by U.S. Army In the Defense Appropriations Act for The ACTING PRESIDENT pro tem- MAJ Marvin Marston under the leader- fiscal year 2001, Congress recognized pore. The Senator’s time has expired. ship of a territorial Governor who re- service in the Alaska Territorial Guard Ms. MURKOWSKI. Madam President, ported to Washington. These were as Active-Duty service. Section 8147 re- it was my understanding that I was to Uncle Sam’s men. All who served were quired the Secretary of Defense to have 15 minutes under this time agree- volunteers. They were not State em- issue discharge certificates to each ment; is that correct? ployees. It was organized in the name member of the Alaska Territorial The ACTING PRESIDENT pro tem- of the President of the United States, Guard under honorable conditions if pore. The Chair is aware of no such and it was armed by the U.S. Army. the Secretary determined the nature agreement, and the time for the Repub- The operations of the units were in- and duration of the service of the indi- lican side has expired. spected by the U.S. Army, and the unit vidual so warrants. The military first Ms. MURKOWSKI. Madam President, was disbanded in 1947 by order of the concluded that included retirement I do have additional comments I wish U.S. Army. The unit was well known

VerDate Nov 24 2008 00:35 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.010 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10008 CONGRESSIONAL RECORD — SENATE October 1, 2009 for its skill in protecting Alaska. These Mr. BEGICH. Madam President, I ask the contributions of Alaskan Natives gentlemen were Native hunters and unanimous consent to speak as in during World War II were recognized. fishermen, but they knew the land bet- morning business for up to 7 minutes. Then in January of this year, abrupt- ter than any soldier that the army The ACTING PRESIDENT pro tem- ly and without warning, the Defense might have sent up from the lower 48. pore. Is there objection? Finance and Accounting Service They kept watch over 5,000 miles of Hearing no objection, it is so ordered. stopped issuing pensions to these 26 coastline for enemy vessels and sub- Mr. BEGICH. Madam President, I rise guardsmen. This was based on the find- marines, shooting down Japanese bal- today to seek the continued support of ing that their service was not Federal loon bombs, protecting the Lend-Lease my colleagues for recognition of a and, therefore, the payments were not Route between Alaska and Russia and group of patriotic heroes who defended legal. Thankfully, former Army Sec- recovering downed airmen. These were our Nation and Alaska from our en- retary Pete Geren issued temporary the core missions of the territorial emies in World War II. payments to ease the economic hard- guard. In 1935, famed Army GEN Billy ship experienced by these heroes while It is very disappointing that 62 years Mitchell told Congress: we worked on a more permanent solu- after the Alaska Territorial Guard was I believe that in the future, whoever holds tion. disbanded the value of their service to Alaska will hold the world. I think it is the To its credit, the Alaska legislature our Nation and to our success in World most important strategic place in the world. stepped up where the Federal govern- War II has been drawn into question. General Mitchell was right. Less ment fell short. The State is paying When I came to the floor on January than a decade later, Alaska became the their pensions until Congress can pro- 22 of this year, I gave the Defense De- first American soil occupied by a for- vide a permanent legislative solution partment the benefit of the doubt. I be- eign enemy since the Revolutionary or until February 2010, whichever lieve, as did General Campbell and his War. To counter Japanese aggression comes first. I cannot imagine another staff judge advocate, that the 2000 leg- against the territory of Alaska during situation where Congress would stand islation entitled members of the ATG World War II, a group of Alaskan Na- by and let veterans’ entitlements be re- to all the military benefits merited by tives voluntarily formed the Alaska voked and their sacrifices go unrecog- their service. The military at one time Territorial Guard. These brave men en- nized. held that position, but then on January gaged in direct combat, as described by Luckily, my Senate colleagues also 22, they didn’t. I called upon the De- my colleague from Alaska, Senator recognized this injustice. I thank my partment of Defense to work with me, MURKOWSKI, with the enemy in pro- colleague, Senator MURKOWSKI, who in- to work with Senator BEGICH, to make tecting all of Alaska. They shot down troduced S. 342, a bill to provide for the things right. The Alaska congressional Japanese air balloons, conducted scout- treatment of service as a member of delegation wrote to the President to ing patrols, carried out rescue missions the Alaska Territorial Guard during enlist his personal support for this ef- of downed airmen, and built military World War II as active service for pur- fort. airstrips and rescue shelters. poses of retired pay to restore pen- Nine years now have passed since They played a key role in logistics sions. I am a proud cosponsor of this Congress determined that service in support for the U.S. military stationed legislation. the Alaska Territorial Guard during in Alaska by delivering food, ammuni- Working together with the leader of World War II was Federal service. Nine tion, and other equipment to the the Armed Services Committee, Sen- years have passed since the Secretary forces. Their actions were vital to suc- ator LEVIN, and the ranking member, of Defense ordered that these brave cessful U.S. military efforts, pre- Senator MCCAIN, we were able to se- members of the tundra army who re- venting our enemies from securing a cure similar legislation to restore main alive are entitled to discharge strategic location during the war. those pensions in an amendment to the certificates from the U.S. Army; 9 As you can see by these photos sur- National Defense Authorization Act for years since they were granted full Fed- rounding me, the Alaska Territorial the year 2010, supported unanimously eral veterans benefits. I would suggest Guard was a unique group. They were by the Senate. Most recently, the Sen- it is 9 years too late for the Defense mostly subsistence hunters and fisher- ate Appropriations Committee in- Department to reopen the question of men—the main breadwinners in their cluded the same provision in the De- whether service in the ATG was Fed- families—living in some of the most re- fense Appropriations Act for fiscal year eral service. The Congress has an- mote villages in the entire country. 2010. swered this question with finality. Receiving no pay or recognition for However, I was extremely dis- I mentioned that many Americans their service, the territorial guard mis- appointed to learn in the statement of have registered their opinions on the sion was driven by a single value: pa- administration policy for fiscal year Internet over the administration’s po- triotism. 2010 Defense Appropriations bill that sition on territorial guard retirement Many of these members continued the national administration has voiced benefits. Many think it is cruel to con- their service for years in the U.S. mili- objection to the provision that would tinue to deny these benefits. And many tary after the Alaska Territorial Guard count Alaska Territorial Guard service believe the administration’s position was disbanded in 1947. Unfortunately, as active-duty time for retirement pur- denigrates the service of the Alaska the contributions of the Alaska Terri- poses. I remind my colleagues that the Territorial Guard. Some have sug- torial Guard during World War II went Alaska Territorial Guard members gested the men who served deserve an unrecognized for half a century. In were not State employees. They were apology. But one perceptive individual 2000, Congress finally acknowledged patriotic Alaska Natives answering the suggested, I doubt that President our Nation’s debt to these brave men call of duty from their country. Obama actually made this decision or by qualifying their time spent in the Allowing their service in the Alaska even knows about it. Alaska Territorial Guard as Federal Territorial Guard to count as Federal So once again, I ask that President service. service cannot set a precedent because Obama personally support us in our Congress also directed the Secretary there is no other group like them in quest to obtain justice for a few elderly of the Army to issue discharge certifi- this country. They served the United Alaska Natives who once served our cates to all those who served in the ter- States in a time of war by defending an Nation with patriotism, with pride, and ritorial guard. These discharge certifi- American territory from the enemy. with distinction. cates entitled ATG members to vet- They engaged in combat. And they did President Obama, show some heart, erans’ benefits and was interpreted by this because they felt the same sense of do the right thing, and support our ef- the Department of Defense to count as patriotism during World War II that forts to restore military retirement service in the Alaska Territorial Guard every active member of the Army and benefits for these 26 individuals. toward retirement credit. Twenty-six Air Force and every other military With that, Madam President, I yield former members of the Alaska Terri- branch did. the floor. torial Guard finally began receiving a These brave Alaskans are now in The ACTING PRESIDENT pro tem- well-earned pension from the govern- their 70s and 80s. Just this past Mon- pore. The Senator from Alaska. ment. At long last, the sacrifice and day, one of them—Nicholai E. Nicholai

VerDate Nov 24 2008 00:35 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.018 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10009 of Kwethluk—passed away before he agreement shortly, and I thank the with him. But it is very difficult for could see this issue resolved. I ask my chairman for his courtesy. members of the Armed Services Com- colleagues for their continued support We are discussing now two amend- mittee and Members of the Senate to to ensure that the now 25 Alaskan Na- ments, as I understand it, and both of work with him if we are not informed tives who defended this Nation receive them call for testimony before Con- by the uniformed commanders in the their earned pension by supporting the gress on meeting the United States ob- field. Admiral Mullen, the Chairman of provisions in the National Defense Au- jectives on Afghanistan and Pakistan. the Joint Chiefs of Staff, emphasized in thorization Act and Defense Appropria- Many of us have been very concerned testimony before the Senate Armed tions Act for fiscal year 2010. about the fact that we have not heard Services Committee, time is not on our I also join my colleague Senator from General McChrystal and General side. There are already somewhere be- MURKOWSKI in asking the administra- Petraeus on this issue of our strategic tween 62,000 and 68,000 American troops tion to reexamine their objection to re- policy in Afghanistan, and of course in the field in danger. Tragically, cas- storing the retirement payments and most importantly the disposition or ualties have gone up. We have a respon- honoring our World War II veterans. dispatch, I might say, of American sibility also. We have a responsibility Our time is running short to correct troops, and increasing American troops to hear from our commanders in the this injustice and restore these modest to Afghanistan to implement the strat- field. payments. The Federal Government egy that, according to Admiral Mullen, Let me point out, General turned its back on these men at the the Chairman of the Joint Chiefs of McChrystal was on ‘‘60 Minutes’’ talk- end of the war. I hope Congress and my Staff, was agreed upon last March. ing about what we needed to do in Af- colleagues in the Senate won’t let that I must say, without mentioning any ghanistan. General McChrystal gave a happen. classified information, the briefing speech in London just yesterday talk- I yield the remainder of my time. that I attended yesterday with General ing about what we needed to do. So it f Jones doesn’t seem to corroborate that is OK with the administration for Gen- statement by Admiral Mullen. But the eral McChrystal to go on ‘‘60 Minutes.’’ CONCLUSION OF MORNING point is we need to hear from the archi- It is OK for him to give a speech at the BUSINESS tects and the commanders. Institute for Strategic Studies in Lon- The ACTING PRESIDENT pro tem- If the President does not want to don. But the administration does not pore. Morning business is closed. talk to the commander in the field, want General McChrystal and General f General McChrystal very often—in Petreaus before the Senate Armed fact, it was reported in a ‘‘60 Minutes’’ Services Committee. How does that DEPARTMENT OF DEFENSE interview that he gave he said he had work? APPROPRIATIONS ACT, 2010 spoken to the President once in 70 I hope my colleagues will vote for my The ACTING PRESIDENT pro tem- days, although the President talks to amendment, which calls for the same, pore. Under the previous order, the labor leaders almost on a daily basis basically, testimony by the commander Senate will resume consideration of pushing his health care agenda—the of the United States Central Command, H.R. 3326, which the clerk will report. fact is we as Members of Congress, a commander of the United States Euro- The bill clerk read as follows: coequal branch of government, also pean Command, and Supreme Allied A bill (H.R. 3326) making appropriations have a responsibility in this decision- Commander—Europe, Commander of for the Department of Defense for fiscal year making process. the United States Forces—Afghani- ending September 30, 2010, and for other pur- I respect the President’s role as Com- stan, and of course we would like to poses. mander in Chief. I respect the Presi- hear from the United States Ambas- Pending: dent of the United States making a de- sador to Afghanistan, Ambassador McCain amendment No. 2575, to provide for cision. But I also cherish the role of Eikenberry. testimony before Congress on the additional the Senate and House of Representa- This is pretty clear. This is a very forces and resources required to meet United tives in being informed as to the views clear decision we have to make. We are States objectives with respect to Afghani- of our military commanders in whom asking that within a month and a half stan and Pakistan. we place the responsibility for the lives from now these individuals appear be- The ACTING PRESIDENT pro tem- of our young men and women who are fore the respective committees and tes- pore. The Senator from Michigan. in harm’s way. tify as to what they believe the best Mr. LEVIN. Madam President, I be- All we are seeking with this amend- strategy is to be employed in order to lieve that the McCain amendment is ment is a date certain, not imme- achieve victory. Why should not the the pending amendment. We will be of- diately—the date for this requirement Senate and the Congress and the people fering or suggesting that a unanimous of testimony by General McChrystal, of the United States hear, directly in consent agreement be entered into General Petreaus, General Stavridis testimony before the Congress, what where an amendment of mine could be and perhaps others if necessary—by they believe is the best way to ensure voted upon side by side with the November 15. That is a month and a victory in Afghanistan? amendment, with the vote on mine oc- half from now. Should not we hear a I understand the debate that is going curring first, under the traditions of month and a half from now, within a on within the White House and the de- the Senate. We are trying to see if we month and a half, as to what we are liberations that the President is under- can enter into a time agreement. considering? I hope the decision would taking as he considers the most heavy I believe our staff is working on a be made clear. responsibility that any President has, unanimous consent agreement that Admiral Mullen, Chairman of the and that is to send our young men and would allow for that to happen pending Joint Chiefs, in testimony said: women into harm’s way. I have some the offering and acceptance of that, The President has given us a clear mission: sympathy. But I would point out there hopefully. disrupt, dismantle and defeat al Qaida . . . are already close to 68,000 young Amer- I yield the floor. But the President, in March, said of icans there, and casualties are going The ACTING PRESIDENT pro tem- the situation—the President of the up. pore. The Senator from Arizona. United States said the situation there According to Admiral Mullen, ac- Mr. MCCAIN. Madam President, may was ‘‘increasingly perilous and that the cording to every expert, the situation I say through the Chair to my friend, future of this troubled nation is inex- is deteriorating in Afghanistan, so this the distinguished chairman, I under- tricably linked to the future of its should not and must not be a leisurely stand there will be side-by-side amend- neighbor Pakistan.’’ He also called it a exercise. Decisions have to be made ments. I would be glad to enter into a ‘‘war of necessity,’’ and declared and we—I speak for myself and I am time agreement that is agreeable to ‘‘America must no longer deny re- sure all of my colleagues—we want to the chairman, and not an extended sources to Afghanistan.’’ be part of that decisionmaking. We do length of time—it is not a complicated Obviously I agree with him. Time not want to make that decision be- issue—and then votes on both side-by- after time I have made my commit- cause that is the responsibility of the sides. I hope we could announce that ment of willingness and desire to work President of the United States, but it

VerDate Nov 24 2008 02:14 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.019 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10010 CONGRESSIONAL RECORD — SENATE October 1, 2009 is also the responsibility of the Con- ment has been cleared yet, so I will same kind of deliberative process as to gress of the United States to appro- proceed to debate both the McCain whether additional troops should be priate the money for it. amendment but also the amendment I sent into a country—very similar to When a President lost the confidence will be offering as though it is cur- what President Obama is undergoing of the American people and the Con- rently pending, because I do expect right now—whether the commander gress of the United States in a war long both amendments will be voted on at there now should be put in a position ago and far away, the Congress of the the same time. which we did not put General Casey in? United States did cut off the funding First, to comment on the two state- We know what the response of the Bush for further assistance in Vietnam. ments that were just made by Senator White House would have been. There I hope the Senate will act in a posi- MCCAIN, one has to do with when did was no doubt as to what the response tive fashion and act on what I think is General Petraeus testify relative to the would be. While the President of the a reasonable request, that within a Iraq surge. This is a very critical point United States is thinking through month and a half we could have the because indeed General Petreaus did whether to surge troops into Iraq, his testimony before the Senate Armed testify relative to the Iraq surge, but commanding general, General Casey, Services Committee. he only testified after the decision was was not called before us. We did not I remind my colleagues, the chair- made relative to that surge by the have resolutions here saying call Gen- man of the House Armed Services Com- President of the United States. The eral Casey in. Those of us who opposed mittee, the distinguished Congressman person who was the commander in Iraq additional troops going into Iraq prob- IKE SKELTON, and the ranking member at that time, while the deliberative ably had an ally in General Casey, as of the House Armed Services Com- process was underway in the White history has written; in opposition to mittee, also want this testimony to House as to whether a surge should sending in additional troops. take place. The majority leader of the take place, did not testify and was not But there was no effort to put pres- House of Representatives, Congressman asked to testify. There was no pressure sure on President Bush by having his HOYER, has also called for testimony placed on the President of the United commander in the field come before us before the Congress of the United States during those 3 months when he at a public hearing and say he was op- States. Why the administration should was deliberating on whether to surge posed to the very thing the President be reluctant to send these people before troops into Iraq, to have his Iraq com- of the United States was considering. us so we can, in any way we can find mander come up here and testify right The commander, General Casey, was possible, support the President of the in the middle of that deliberative proc- not put in that position. No com- United States as he makes these tough ess. There was no resolution, there was mander should be put in that position decisions—which we cannot do unless no request, there was no pressure being while the President is hearing from the we are informed of the opinion of those placed on the Bush White House to commander as part of a deliberative we are sending to command and lead in have his commander, who was then process on the very critical issue of battle—then it is difficult for us to General Casey in Iraq, to come up and whether to send troops in. show our support for the President in testify about whether additional troops So a request was made of me by a the form of appropriations bills and au- should be sent to Iraq. number of my colleagues to have a thorizations as to what is needed with- I have no doubt as to what the re- hearing at which General McChrystal out hearing from the commanders in sponse would have been by President would be called. My answer was: We the field. Bush and his folks: We are in the mid- should not do that at this time. There There will be discussion about Gen- dle of a deliberative process—which will be an appropriate time. There will eral Petreaus’s testimony before the took about 3 months. Secretary Gates be an appropriate time. Congress of the United States. I remind has testified to this. He has spoken The appropriate time is the same my colleagues the decision was made about this 3-month deliberative process time General Petraeus was called in by the President on the surge very rap- and we have gone back and checked. It and the Chairman of the Joint Chiefs idly; that the decision was made and was about a 3-month deliberative proc- was called in, which was after the deci- General Petraeus was called before ess that the President then was en- sion and not in the middle of that de- what—appeared before the Senate gaged in. liberative process. Armed Services Committee to give the The first thing that happened was So the White House is now under- reasons for that. I think it is very im- that President Bush announced this taking a rigorous review of General portant. It is very important that the surge on January 10, 2007. Then and McChrystal’s assessment of the situa- man the President of the United States only then did Secretary Gates and Gen- tion and approach in Afghanistan. By fired, the previous commander—let’s be eral Pace, who was the Chairman of the the way, before I go any further on clear, fired the previous commander Joint Chiefs, testify before the Armed this, I read the transcript of General because he had confidence in General Services Committee. And then and McChrystal on ‘‘60 Minutes.’’ I have McChrystal—that we should also be al- only then did General Petreaus testify not seen the speech in London that my lowed the ability to hear about his vi- before the committee on January 23. good friend, Senator MCCAIN, made ref- sion and his strategy that would bring The commander in Iraq during those erence to, but I have read the ‘‘60 Min- about a successful conclusion of a long, critical months—September, October, utes’’ transcript. There was no effort to tragic, hard involvement in Afghani- November, December of 2006—was Gen- obtain from General McChrystal what stan. eral Casey. his advice was relative to the resource I hope we can have the same luxury I think history records that he, as a question, the troops question, which that the Institute for Strategic Studies matter of fact, opposed additional lies before the President. in London received with General troops to go in to Iraq. But there was I know what his response would have McChrystal giving a speech there and no effort made here to get General been had he been asked, which is, that answering questions; that we would Casey to come before us and to testify is between him and the President. But have the same courtesy that ‘‘60 Min- as to why he was opposed to putting the very purpose of the hearing which utes,’’ the producers and commentators troops into Iraq at the same time that is the subject of the McCain amend- on ‘‘60 Minutes’’ just received. I hope President Bush was considering wheth- ment, the very purpose, is a hearing on the Senate would receive that same er to adopt a policy which would send the resources needed or recommended ability to directly question General additional troops into Iraq. We did not for Afghanistan. That is the very sub- McChrystal, General Petreaus, and do that and we didn’t do it for a good ject which is now under consideration others. reason. We didn’t think it was appro- by the President of the United States. I yield the floor. priate. So we have now a President, with his The ACTING PRESIDENT pro tem- So my first comment has to do with security team, including General pore. The Senator from Michigan is whether the kind of policy that we McChrystal, who I understand was on a recognized. adopted relative to the President of the TV monitor yesterday with his re- Mr. LEVIN. Madam President, I don’t United States when President Bush sponses—we have a President of the know if the unanimous consent agree- was President, and undergoing the United States undertaking a rigorous

VerDate Nov 24 2008 00:35 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.020 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10011 review of General McChrystal’s assess- there has been a decision on the crux of see whether that strategy still applies ment. We have the assessment relative the matter or not, which is the strat- or whether he wishes to change that to the situation in Afghanistan that egy. That is not me talking, that is strategy. It is a debate General has already been provided and has now General McChrystal who is saying: The McChrystal himself has said is war- been made public. crux of the matter is the strategy. ranted. There are a number of dif- What is now under consideration is So now we have the White House—by ferences between the amendment whether there ought to be a change in the way, I am happy to interrupt my which I am going to be offering and the strategy from the March strategy, comments at any time if there is a pending amendment of Senator given the problems that have occurred unanimous consent agreement that has MCCAIN. in Afghanistan since the election, and been reached. So if either the ranking Madam President, I think we now given the other changes that have member or Senator MCCAIN knows have a unanimous consent agreement taken place, including in neighboring whether we are in a situation—I would which has been cleared. I ask unani- Pakistan, which has an effect on Af- tell you so everybody can know what mous consent that amendment num- ghanistan. the proceedings are here, that at any bers 2593, which is the Levin amend- According to General McChrystal time there is a unanimous consent ment, and 2575, which is the McCain himself, a policy debate is warranted. agreement that can be offered, I would amendment, be debated concurrently What he has said over and over again be happy to interrupt. for a period of 30 minutes, with the in his assessment is: Debate strategy Mr. MCCAIN. I ask unanimous con- time equally divided and controlled be- before you debate resources. He said: sent to respond to my colleague on tween Senators Levin and McCain or Resources are going to be needed what- that issue. their designees; that no amendments ever the strategy is. That is General The ACTING PRESIDENT pro tem- be in order to either amendment prior McChrystal’s statement: There will be pore. Without objection, it is so or- to a vote in relation thereto; that the needed resources. dered. vote sequence be as the amendments General McChrystal: ‘‘Additional re- Mr. MCCAIN. I would say to my col- are listed above; further, that once this sources are required.’’ This is his as- league, we are asking if there are any agreement is entered, Senator LEVIN be sessment. But it is the second half of other speakers. We should know that in recognized to call up amendment 2593; his sentence which is ignored too often, a few more minutes. Then we would and that prior to the second vote in the particularly in the media. After he said agree to a time agreement. sequence, there be 2 minutes, equally additional resources are required, with- Mr. LEVIN. I thank my friend. divided and controlled, prior to each out specifying what they are, that is So now General McChrystal himself vote, with the second vote 10 minutes left to this document which is now in talks about the value of a policy de- in duration; and that the votes in rela- the hands of the President, he said: bate. Here is what he said in the article tion to the amendments be at 2 p.m. Additional resources are required. But fo- in the New York Times: He welcomes today; provided further that following cusing on force or resource requirements alternative proposals for how to sta- this debate, the amendments be set misses the point entirely. The key bilize Afghanistan and Pakistan. Then aside until 2 p.m. takeaway— he says: ‘‘This is the right kind of proc- The ACTING PRESIDENT pro tem- He said from his assessment, these ess.’’ He says: ‘‘I have been given the pore. Is there objection? are his words— opportunity to provide my input to the Mr. MCCAIN. Reserving the right to is the urgent need for a significant change to decision.’’ object, and I will not object, I ask the our strategy and the way that we think and So we have this internal deliberation distinguished chairman, does that operate. going on in the White House, which I mean 30 minutes from now, equally di- Yet it is a hearing on resources that think we would all agree is a matter of vided, or the time that has already could come in the middle of a delibera- supreme importance; that is, whether been consumed? tive process. We are not sure whether we put troops in harm’s way, and how Mr. LEVIN. I understand it means by November 15 that deliberative proc- many, what is the strategy they are from now. ess will be completed. I have every rea- following, what is their mission. That Mr. MCCAIN. From now. I do not ob- son to believe it will be by November is the most important decision I be- ject. 15, but we do not know. So the McCain lieve a President of the United States The ACTING PRESIDENT pro tem- amendment has an arbitrary date, can make. It should be a deliberative pore. Without objection, it is so or- whether this deliberative process is decision. It is going to be a deliberative dered. decision. This President has made it completed by November 15 or not under AMENDMENT NO. 2593 clear. this resolution—and I will be offering Mr. LEVIN. I thank my friend from There was a March strategy, but an alternative to this. Under this Arizona. I now call up amendment No. there are a number of things that have McCain resolution, he must come be- 2593. changed since March, including an fore appropriate committees before No- The ACTING PRESIDENT pro tem- election where there are significant al- vember 15. pore. The clerk will report. legations of fraud. When such an elec- That is an arbitrary date, whether The bill clerk read as follows: the deliberative process of the Presi- tion takes place, that lowers the sup- port of the people of Afghanistan for a The Senator from Michigan [Mr. LEVIN] dent of the United States is completed proposes an amendment numbered 2593. or not. But it is on the very subject, on strategy which involves them. They the very subject that is now under con- must succeed. It is the people of Af- Mr. LEVIN. I ask unanimous consent sideration by the President. That sub- ghanistan who have to succeed. It is that the reading of the amendment be ject is resources, troops. But listen to the Army of Afghanistan that has to dispensed with. what General McChrystal says. He succeed. It is the police in Afghanistan. The ACTING PRESIDENT pro tem- said: Yes, there are going to be re- It is the civil administration which pore. Without objection, it is so or- sources needed—without specifying must succeed in Afghanistan. dered. what they are. If there is this question about an The amendment is as follows: As far as we know, he has not, at election which then might impact the AMENDMENT NO. 2593 least in the assessment that is unclas- support of the people for the very poli- (Purpose: Relating to hearings on the strat- sified. But then he says: cies in Afghanistan, the institutions egy and resources of the United States with respect to Afghanistan and Pakistan) New resources are not the crux. To suc- that need to be fought for, that could ceed, ISAF requires a new approach with a change things. There are events in At the appropriate place, insert the fol- significant magnitude of change, in addition Pakistan. The Pakistani Government lowing: to a proper level of resource. is doing a lot better relative to some of SEC. ll. (a) HEARINGS ON STRATEGY AND RESOURCES WITH RESPECT TO AFGHANISTAN So it is not the crux. He says strat- the threats they face. That can make a AND PAKISTAN.—Appropriate committees of egy is the crux. But the McCain amend- change. But the President of the Congress shall hold hearings, in open and ment says: We want to hear from United States is committed to review- closed session, relating to the strategy and McChrystal by a specific date, whether ing what has happened since March, to resources of the United States with respect

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So under the Levin cated—at least it was fairly clear at United States, including, but not limited to, amendment, the hearing will look at the time—had a very different perspec- the following: both the decision on strategy as well as tive than his Commander in Chief. We (1) The Secretary of Defense. on resources. did not put him in that position. We (2) The Secretary of State Secondly, under the Levin amend- didn’t do that to the President of the (3) The Chairman of the Joint Chiefs of ment, the testimony will come after United States, to have his commander Staff. the decision of President Obama, just in the field come before us and say (4) The Commander of the United States what his opinions were that he was giv- Central Command. the way we had hearings after the deci- (5) The Commander of the United States sion by President Bush. ing to the President at that time. We European Command and Supreme Allied Third, the hearings will include testi- should not do that now. Commander, Europe. mony not only from the Central Com- I yield the floor. (6) The Commander of United States mand commander and from General The PRESIDING OFFICER (Mr. Forces–Afghanistan. McChrystal, our Afghanistan com- BURRIS). Who yields time? The Senator from Arizona. (7) The United States Ambassador to Af- mander, and the Ambassador to Af- ghanistan. Mr. MCCAIN. Mr. President, I would ghanistan, under the Levin amendment (8) The United States Ambassador to Paki- like to point out what Admiral Mullen stan. the hearing will also take testimony at the Joint Chiefs of Staff said: Time Mr. LEVIN. Madam President, I be- from senior civilian officials and mili- is not on our side. We cannot afford to lieve that the Congressional hearings, tary officials not included in the leisurely address this issue. I believe which are appropriate, should now be McCain amendment, including the Sec- the Congress needs to be involved. The handled in the same way as was done retary of Defense, the Secretary of Commander in Chief is the Commander when President Bush was deliberating State, the Chairman of the Joint Chiefs in Chief. But the Congress has a role to on a surge strategy for Iraq. That is of Staff, and the Ambassador to Paki- play because only the Congress can when the President has received his stan. That is the third difference be- provide needed funding and develop recommendations and has made a deci- tween the two amendments which we other policies as regards the responsi- sion. will be voting on at 2 o’clock. bility we all have when our govern- We will, at that point, properly have Finally, in addition to outlining ment decides to send young Americans administration officials come up to those three critical differences between into harm’s way. Congress, explain the President’s deci- the two amendments, I want to read I have watched a lot of decisions sion. We will hear from our military from a letter received yesterday—or being made in my time. I have agreed chain of command at that time, includ- this morning from Secretary Gates by with some and disagreed with others. ing General McChrystal but not lim- the majority leader. One of the earliest decisions I was in- ited to General McChrystal. We have a I am writing in response to your request volved in was many years ago when Secretary of Defense whom we need to for an update on the . . . strategy and re- Ronald Reagan decided to send marines hear from. We have a Chairman of the source assessments prepared by General to Beirut. At the time, I thought the Joint Chiefs of Staff whom we need to Stanley McChrystal. mission was not sufficiently resourced hear from, as well as our CENTCOM He goes through a number of para- and I thought it would unnecessarily commander and our Afghanistan com- graphs describing pretty much what we put young marines in harm’s way. I ob- mander. all know, including that General jected; I spoke against it. Unfortu- First, we need to be clear on our McChrystal’s initial assessment, which nately, I was correct. strategy. I yield myself 5 minutes. has been available to us, ‘‘will serve as History does have a tendency to re- The ACTING PRESIDENT pro tem- the prime focus’’ of the review the peat itself. The fact is, unless this ef- pore. The Senator is recognized. President has undertaken, ‘‘although fort in Afghanistan is properly Mr. LEVIN. We need to be clear on other options and perspectives will also resourced, as recommended by General our strategy first, then address the be included.’’ So in addition to General McChrystal, as recommended by Admi- question of the resources that are need- McChrystal’s initial assessment, he ral Mullen and supported by history, ed to be committed to that strategy. will also be looking at other options we are doomed to failure. To think Under the amendment which I am of- and considering other perspectives. that a month and a half would elapse fering, which will be voted on concur- Then Secretary Gates says the fol- before that decision was made, because rently, or at the same time as the lowing in this letter to the majority the strategy was decided on last McCain amendment, we are going to leader: March, and then to go through a bi- have, if this amendment is adopted, a The decisions that the President faces may zarre sequence of events—I have never hearing not just on resources but on be some of the most important on Afghani- seen anything like it. First, General strategy and resources. stan in his presidency, so it behooves us to McChrystal was told not to send his We are going to have that hearing, if take the necessary time to make sure we get troop request to Washington while this amendment is adopted, at the ap- this right. That said, there are a number of these discussions were going on. After propriate time, not with an arbitrary internal meetings scheduled over the next that was revealed to be the farce it deadline, which sets a very bad few weeks on this topic. I do not expect deci- was, now the Secretary of Defense is premise. I believe in this circumstance, sions on the overall strategy—or the re- not going to forward the troop request sources necessary to carry it out—to take an similar to the Bush Iraq surge cir- extended period of time. to the White House as they make deci- cumstance, where the President of the sions on the number of troops needed. United States, be it President Bush or He concludes as follows: How does that work? President Obama, has before him and is Until the President makes his decision on Let’s get this straight. The Secretary considering, in a very deliberative way, the way forward in Afghanistan, it would be of Defense has said he is not sending inappropriate for me—or our military com- over the number of troops requested by this kind of a life-and-death decision. manders—to openly discuss the advice being Under the Levin amendment, there provided or the nature of the discussions General McChrystal, which is known to will be a hearing without an arbitrary being carried out with the President. How- everyone as 30,000 to 40,000 troops. Ap- deadline, but the hearing will take ever, once the President acts, I will be happy parently, it will be known to everyone place and could take place long before to testify before the appropriate committees except the President, who is supposed November 15. The hearing under my of the Congress and to facilitate similar tes- to make the decision. We have legiti- amendment will take place promptly timony by commanders and other senior De- mate questions about a process such as after the decision is made by the Presi- partment leaders. that to start with. No Commander in dent. I believe that is the right approach. Chief can make a decision about how to There is another difference between It is the approach we took when Presi- conduct a conflict unless that Com- the two amendments. In addition to dent Bush was considering for 3 months mander in Chief knows what resources

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It is very obvious what is going on. whatever decision he makes, also has rial was ordered to be printed in the The Chairman of the Joint Chiefs, Gen- to come to Congress for the necessary RECORD, as follows: eral Petraeus, General McChrystal—all assets and authorization to do what- THE SECRETARY OF DEFENSE, know we need additional troops in the ever his strategy is. So we do play a Washington, DC, September 29, 2009. range of 30,000 to 40,000, and the admin- significant role. The American people Hon. HARRY REID, istration is backing off of that or try- and their elected representatives, as Senate Majority Leader, U.S. Senate, ing to find the exit sign. It is well the chairman of the House Armed Serv- Washington, DC. ices has said, as the majority leader of DEAR MR. MAJORITY LEADER: I am writing known. It had been broadcast all over in response to your request for an update on television that there are individuals— the House of Representatives has said, the ongoing evaluation of the strategy and including the Vice President, now, un- need to hear from these military lead- resource assessments prepared by General fortunately, the National Security Ad- ers. Stanley McChrystal, Commander, Inter- viser, the chief political adviser to the I reserve the remainder of my time. national Security Assistance Force (ISAF). President, Mr. Rahm Emanuel—who The PRESIDING OFFICER. The Sen- As we stay on the offense against Al- don’t want to alienate the left base of ator from Michigan. Qaeda, from here at home to around the the Democratic Party. That is what Mr. LEVIN. Mr. President, how much world, the President and his national-secu- rity team are in the midst of an ongoing this is all about. time remains? The PRESIDING OFFICER. The Sen- evaluation of the mission in Afghanistan in The American people need to know order to assess the overall situation and our what our military commanders, in ator has 7 minutes remaining. Mr. LEVIN. I yield myself 2 minutes. strategy following the Afghan elections. their best judgment, think we need to It is clear that a number of things Those elections, as well as the evolving situ- defend this Nation. They need to know are happening. One is, there is a delib- ation in Pakistan over the last number of it within the next month and a half. Do months, require us to review the U.S. ap- erative process going on. There is not proach in the region to ensure that, first, we I need to remind my colleagues we much doubt that the clock is ticking. have 68,000 Americans there now? Just have the right strategy and, second, we have That is clear. The question is—and this the necessary resources in place to carry it a few days ago, five brave young Amer- is what General McChrystal says—get out. icans died in 1 day. Admiral Mullen your strategy straight. Take the time You will recall that when the Administra- said in his testimony before the Armed to get your strategy straight. He also tion announced the results of the initial re- Services Committee that the clock is recommends that there will be new re- view of Afghanistan strategy in March 2009, ticking. We are running out of time. sources, whatever the strategy. But he we also acknowledged the need to reassess This is an urgent situation. This is not our approach following the national elec- says the key here—these are his tions this fall. Accordingly, the President a decision as to whether to send troops words—take the time to get your strat- into harm’s way. Troops are already in has asked that we conduct a careful and egy right. We can either spend the time thorough assessment of these questions in harm’s way. They are already there, that the President deserves and Presi- order to provide him with the considered and they are getting wounded and dent Bush took to get the strategy best judgment of his national security team killed while, according to the Presi- right or we will be jeopardizing the and military leadership. General dent’s National Security Adviser, we lives of the men and women who put on McChrystal’s initial assessment will serve as are considering all options. Shouldn’t the uniform of the United States, if the prime focus of this review, although we consider seriously the option of the there is a wrong strategy in place. other options and perspectives will also be recommendations of military com- included. The clock was ticking in Iraq. Back The decisions that the President faces may manders? I am not saying they have in September 2006, there was a rec- be some of the most important on Afghani- the final say; I am saying they should ommendation that there be a change in stan in his presidency, so it behooves us to be given great weight. strategy in Iraq, that there be a surge take the necessary time to make sure we get Here we are asking for testimony of troops. The recommendation was this right. That said, there are a number of from those people who, again—the made by General Keane in September internal meetings scheduled over the next President fired the commander in the 2006, start a surge. For over 3 months, few weeks on this topic. I do not expect deci- field to replace him with General while the clock was ticking, President sions on the overall strategy—or the re- McChrystal, and yet we are not trans- sources necessary to carry it out—to take an Bush considered whether to change the extended period of time. mitting the fundamental and most dif- strategy in Iraq. He finally changed it Until the President makes his decision on ficult aspect of General McChrystal’s in January of 2007, taking 3 or 4 the way forward in Afghanistan, it would be recommendations as to how to imple- months to make that decision. inappropriate for me—or our military com- ment a strategy that was agreed on Do you know what. He got the strat- manders—to openly discuss the advice being last March. egy right, finally, in January of 2007, provided or the nature of the discussions I fear that domestic political consid- because the surge had a positive effect. being carried out with the President. How- erations are impacting a decision But he took the time to make a deci- ever, once the President acts, I will be happy which has to do with the future secu- sion. We did not put pressure on him by to testify before the appropriate committees rity of the United States. Just re- of the Congress and to facilitate similar tes- calling a commander from the field, timony by commanders and other senior De- cently, the former President of Paki- who apparently had a very different partment leaders. stan, President Musharraf, said that perspective, for hearings during that Sincerely, American delay is being interpreted as process. We respected that process. We ROBERT M. GATES. a sign of weakness by countries in the did not try to put pressure on a Presi- Mr. LEVIN. I yield the floor. region. We left Afghanistan once. We dent of the United States by calling The PRESIDING OFFICER. The Sen- helped the brave Afghans drive out the the commander, General Casey, in to ator from Arizona. Russians who were then trying to make tell us: No, we do not need more troops, Mr. MCCAIN. Mr. President, again, Afghanistan part of the Soviet Union. which is apparently what he would unfortunately, a lot of the information We drove them out and we left. What have told us, while the President of the we have to get is through the media happened? The Taliban took control. United States was considering whether rather than testimony before the Sen- Al-Qaida cooperated with them, and to send additional troops. ate Armed Services Committee. I do the attacks on the United States of 9/11 The analogy is incredibly close to think it is worthy of note that there is took place by people who were trained what is going on now. We should be a story dated October 1, 2009, which in Afghanistan. treating the President of the United says: Let’s have no doubt what is at stake. States, President Obama, with the The top military commander in Afghani- The American people and their rep- same respect for the deliberative proc- stan, Gen. Stanley A. McChrystal, rejected resentatives at least need to hear with- ess that we provided to President Bush. calls for scaling down military objectives

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We are just asking for spect the opinions and views and au- General McChrystal was asked by a mem- them to come and testify before our thority of the chairman of the com- ber of an audience that included retired mili- committees of jurisdiction, to exercise mittee. We just simply have an open tary commanders and security specialists our responsibilities as representatives and honest disagreement. whether he would support an idea put for- ward by Mr. Biden to scale back the Amer- of our States. That is all we are asking. I hope my colleagues will understand ican military presence in Afghanistan to That is all we are asking. the urgency of this situation and agree focus on tracking down the leaders of Al There are already 68,000 there. They to my amendment that does not in any Qaeda, in place of the current broader effort are being wounded and killed as we way diminish my respect and apprecia- now under way to defeat the Taliban. speak. And as the Chairman of the tion of the way the Senator from ‘‘The short answer is: no,’’ he said. ‘‘You Joint Chiefs of Staff has said: Time is Michigan chairs the committee and have to navigate from where you are, not where you wish to be. A strategy that does not on our side. The situation is dete- acts on a bipartisan basis, which is a not leave Afghanistan in a stable position is riorating. long tradition of the Armed Services probably a short-sighted strategy.’’ Shouldn’t the Senate Armed Services Committee. I urge my colleagues to He did not mention Mr. Biden by name. Committee and, through us, the Amer- vote in favor of my amendment. All of us here have great affection ican people and the Senate Appropria- Mr. President, I yield the remainder and appreciation for the Vice Presi- tions Committee, which has its respon- of my time. dent. We have all gotten to know him sibilities, also hear from these great The PRESIDING OFFICER. The Sen- and like him over the years. But the leaders who are in charge of the lives ator from Michigan. fact is, the Vice President of the and safety and well-being of our men Mr. LEVIN. Mr. President, I yield my United States, in the first gulf war, and women in uniform and are charged remaining 2 minutes to Senator KAUF- after Saddam Hussein had invaded Ku- with achieving victory and not defeat, MAN. wait, voted against the resolution, say- achieving success and not failure in Af- The PRESIDING OFFICER. The Sen- ing it would be another Vietnam war. ghanistan? ator from Delaware. He has voted consistently against U.S. Mr. President, I reserve the remain- Mr. KAUFMAN. Mr. President, I can- involvement. And the latest, of course, der of my time. not think of two better people to be in- was when his idea was to divide Iraq The PRESIDING OFFICER. The Sen- volved in a discussion about what we into three different countries. So the ator from Michigan. should be doing in Afghanistan than Vice President does have a clear record Mr. LEVIN. Mr. President, how much Senator MCCAIN and Senator LEVIN. of being consistently wrong. I hope time is remaining? Where I come down on this issue is that is taken into consideration when The PRESIDING OFFICER. The Sen- with Senator LEVIN because I believe it he comes up with his ideas about Af- ator has 31⁄2 minutes. is very important we give the Presi- ghanistan. Mr. LEVIN. Mr. President, the stakes dent time to discuss this issue in de- General McChrystal has been reported to here are truly huge. We obviously tail. There are a lot of different pieces be seeking as many as 40,000 additional share one goal; that is, to succeed in to this puzzle. It is not just General American troops for the war, a number that Afghanistan. What General McChrystal McChrystal’s report. It is a report by has generated concern among other top has pointed out repeatedly in his as- Ambassador Eikenberry. It is a report American commanders. sessment is that the way to succeed is by Ambassador Holbrooke. I think he But that number—which is known to not just with resources. He says the would have a report from Ambassador everyone, and keeps being reported— crux of the matter is to get a new Patterson from Pakistan. I think we that number is not going to be trans- strategy. His words: get a new strat- need a report from the DOD in terms of mitted to the President by the Sec- egy. force structure and what additional retary of Defense. You can’t make that The question is, are we going to troops we would have beyond that. up. Everybody knows it, but it is not allow this President the same oppor- There are a number of issues that going to be sent to the President by tunity to put a strategy in place or to have to be dealt with here. I think as the Secretary of Defense. change it, as President Bush did in in the past with President Bush, where Anyway: Iraq, as we have afforded to other there was a 3-month process before the In a confidential assessment of the war Presidents, including President Bush? surge—during that time, people were last month now under consideration by the Obama administration, General McChrystal The right strategy here is key, as able to talk to the President, and to said that he needs additional troops within well as the resources. And to set an ar- work their way up the chain of com- the next year or else the conflict ‘‘will likely tificial date is a terrible precedent. To mand in the military, and the civilians result in failure.’’ put a commander in the field at a pub- to work their way up in the Depart- Mr. President, we have a limited lic hearing to try to pressure a Com- ment of Defense, to talk to the Presi- amount of time, but I do not have to mander in Chief to reach a certain re- dent so the President could have their tell most people and colleagues here sult is unacceptable, inappropriate. counsel before the President made his what the consequences of failure in Af- The Secretary of Defense is not going decision. ghanistan might be. So what we are to allow it, nor should he, and we are I think that is what we need here. I asking is, sometime within the next not going to ask it, as chairman of the think one of the most important things month and a half—the next month and Armed Services Committee. I hope the President Obama said in his speech the a half—that we get General McChrystal Senate does not ask for that to happen other night to the joint session was: I in particular but also the most bril- either. We did not do that to President am going to be here for a long time, so liant general I have ever encountered Bush. We should not do that to Presi- I want to get it right. in my life, General Petraeus, and oth- dent Obama. We have to get it right in Afghani- ers, to testify before the Senate Armed I reserve the remainder of my time. stan. I think this is the obvious time to Services Committee. Maybe the House The PRESIDING OFFICER. Who proceed. Clearly, the present election Armed Services Committee, whose yields time? and the flaws in the election, in addi- chairman said they needed that testi- Mr. MCCAIN. Mr. President, how tion to General McChrystal’s report mony, will proceed without us. I would much time is remaining on both sides? which points out the rise of the feel very badly if the U.S. Senate were The PRESIDING OFFICER. Each Taliban, demonstrates it is time for us not given the same opportunity to have Senator has 2 minutes remaining. to sit down and take a hard look at General McChrystal and General The Senator from Arizona. what our strategy in Afghanistan is. I Petraeus appear before them, as the Mr. MCCAIN. Well, Mr. President, let think the President is going to do that. House Armed Services Committee me say, if I could—I will use my re- He is going to go through a process. chairman has said they want. maining 2 minutes—I appreciate very Many people have to be involved. Many

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Mr. President, I have by striking part of section 8091 of the think then—Chairman LEVIN is cor- several amendments that go along this bill that reduces that funding. rect—we should have hearings, we line, but my question to the Appropria- I will not spend any more time on it. should have people come and testify, tions Committee is one of trying to I will discuss it again later. and that will be the time to do it. In clarify for the American people the AMENDMENT NO. 2563 the meantime, I think we owe it to the numbers that were used to downsize Mr. President, I ask unanimous con- military chain of command that every- the operation and maintenance ac- sent that this pending amendment be one involved in that chain of command count based on what the expected infla- set aside and amendment No. 2563 be be allowed to come and talk to the tion rate was. called up. President so he can make the best deci- It is important to know. The O&M The PRESIDING OFFICER. Is there sion he can possibly make before the account is what runs everything. What objection? Without objection, it is so Senate gets an opportunity to deal came out of the bill was $294 million ordered. with everyone who is going to be in- because you chose to use an inflation The clerk will report. volved with the President. rate that was less than what CBO and The legislative clerk read as follows: So, again, I support Senator LEVIN’s OMB had stated it would be. You did The Senator from Oklahoma [Mr. COBURN] amendment. I think it is essential we use the one that was the one prior. But proposes an amendment numbered 2563. have a process that allows it to go for- the one presently would, in fact, add Mr. COBURN. Mr. President, I ask ward. another $294 million to the operation unanimous consent that the reading of The PRESIDING OFFICER. The Sen- and maintenance account. I would be the amendment be dispensed with. ator’s time has expired. glad to hear the reasoning why we The PRESIDING OFFICER. Without Mr. KAUFMAN. Thank you, Mr. chose to use it. I think I know why the objection, it is so ordered. President. reasoning—because it allows more abil- The amendment is as follows: The PRESIDING OFFICER. The Sen- ity to do other things Members would (Purpose: To require public disclosure of ator from Michigan. like to do. certain reports) Mr. LEVIN. Mr. President, I ask What this amendment is trying to do At the appropriate place, insert the fol- lowing: unanimous consent that I be allowed to is to restore that money to truly re- flect the inflation rate that OMB and SEC. lll. (a) Notwithstanding any other speak for 10 additional seconds. provision of this Act and except as provided The PRESIDING OFFICER. Without CBO have said it would be. Three- in subsection (b), any report required to be objection, it is so ordered. tenths of 1 percent makes a big dif- submitted by a Federal agency or depart- Mr. LEVIN. Mr. President, I want to ference when you are talking about ment to the Committee on Appropriations of thank Senator MCCAIN for his warm taking something from our military. I either the Senate or the House of Represent- comments. I feel very strongly about would remind my colleagues that last atives in this Act shall be posted on the pub- lic website of that agency upon receipt by our relationship. It is a great relation- year the Navy ran out of O&M money and we needed an emergency supple- the committee. ship. It could not be possibly affected (b) Subsection (a) shall not apply to a re- by differences over policies. I have mental to supply it. So by under- port if— great respect for the Senator and the shooting what the real inflation factor (1) the public posting of the report com- huge contributions he makes to this is for their costs, both in fuel and promises national security; or body and to the Nation. maintenance and operations, if we (2) the report contains proprietary infor- The PRESIDING OFFICER. The Sen- undervalue that account, what it mation. ator from Oklahoma. means is we are going to take away Mr. COBURN. Mr. President, this is a Mr. COBURN. Mr. President, what is from readiness. I know that is not the straightforward amendment, and the the order of business? intent of this committee. The intent of Appropriations Committees heretofore The PRESIDING OFFICER. The this committee is to make sure our have agreed with it. This says, other Levin amendment is the pending military has the needs and the means than in terms of national security or amendment. with which to carry out their require- something that should not be released ments. AMENDMENT NO. 2569 for general circulation, the reports Let me get a little more detailed on Mr. COBURN. Mr. President, I ask that are authorized and paid for in this it. When the committee set the O&M bill, which are going directly only to unanimous consent that the pending number, they used a GDP index infla- amendment be set aside and amend- the Senators on the Appropriations tion rate from the Congressional Budg- Committee, be made available to the ment No. 2569 be called up. et Office that was 3 months old, and The PRESIDING OFFICER. Is there rest of the Senators in the body as well they ignored the updated one for Au- as the rest of the American public. If objection? gust, which was three-tenths of a per- Without objection, it is so ordered. there is a good national security rea- cent higher. That means that if—and I son not to do so, fine, there is no prob- The clerk will report. agree, they are estimates; they may The legislative clerk read as follows: lem with that, but all the rest of the not be correct. What I would like to American people ought to see it. It is The Senator from Oklahoma [Mr. COBURN] know is, what if you are wrong with called transparency. The American proposes an amendment numbered 2569. the lower number you put in? Are we people are paying for them. The Amer- Mr. COBURN. Mr. President, I ask going to be coming back with a supple- ican people have a right and an obliga- unanimous consent that reading of the mental to be able to drive the O&M? tion to see them if they are going to be amendment be dispensed with. For the American people what that involved in the governance of our coun- The PRESIDING OFFICER. Without means is, when we do a supplemental, try. In fact, they are supposed to be in objection, it is so ordered. it is outside the budget rules, which charge of the governance of our coun- The amendment is as follows: means we borrow it. We borrow the try. (Purpose: To restore $294,000,000 for the money. So what it will do is allow the Amer- Armed Forces to prepare for and conduct This amendment says let’s realisti- ican citizens to see how their money is combat operations by accounting for the cally predict what the inflation rate is actually being spent and allow them to August 2009 Congressional Budget Office going to be in the operation and main- economic assumptions and by reducing get to see the results of those reports. funding for congressionally directed spend- tenance account. Let’s truly put the It is very simple. ing items for low-priority research and de- money there that should be there. My hope is the chairman and ranking velopment projects) What this amendment does is simply member would be inclined to support On page 239, beginning on line 21, strike restore it. this amendment. ‘‘the total amount’’ and all that follows We know, by history, that O&M has Mr. President, I ask unanimous con- through ‘‘$236,000,000’’ and insert ‘‘the total been rising faster than inflation for the sent that the pending amendment be amount appropriated in title III of this Act past 9 years. We have not gotten it set aside.

VerDate Nov 24 2008 00:35 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.028 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10016 CONGRESSIONAL RECORD — SENATE October 1, 2009 The PRESIDING OFFICER. Without versation coming from the other side of land, Michigan, and Nevada, four objection, it is so ordered. the aisle this morning. A couple of States that have been hit so hard by AMENDMENT NO. 2565 things I have been watching make it this recession—I mean, so hard. Nevada Mr. COBURN. I ask unanimous con- very clear to me, and it is probably has led the Nation in foreclosures for 31 sent that amendment No. 2565 be called very clear to the American people: One months in a row. People on the other up. side stands for changing the health side of the aisle are complaining be- The PRESIDING OFFICER. Without care delivery system and the other side cause, in the Finance Committee, they objection, it is so ordered. stands for keeping things the way they are trying to help Nevada, Oregon, The clerk will report. are. Rhode Island, and Michigan. Does that The legislative clerk read as follows: We need to do something to keep our mean those are the only States they The Senator from Oklahoma [Mr. COBURN] broken health care system from run- are going to try to help? Of course not. proposes an amendment numbered 2565. ning off the tracks completely. It is al- Every day in Nevada, 220 people lose their health insurance. People woke up Mr. COBURN. I ask unanimous con- ready headed off the tracks. There is a this morning with insurance and they sent that the reading of the amend- wide range of ideas out there—a range will go to bed tonight without it. That ment be dispensed with. as diverse as the people of this Na- is 7 days a week they are losing their The PRESIDING OFFICER. Without tion—and that is the way it should be. insurance in Nevada. Do we want to objection, it is so ordered. I am confident those details will be The amendment is as follows: worked out in the legislative process, change that? Of course, we want to and we are in the midst of that. change that. (Purpose: To ensure transparency and ac- We Democrats fundamentally agree Thirteen percent of Nevadans are em- countability by providing that each mem- ber of Congress and the Secretary of De- on one bottom line: We must act and ployed. More than 18 percent are unin- fense has the ability to review $1,500,000,000 we must act now to make it easier for sured. A lot of people have insurance in taxpayer funds allocated to the National people in America to live a healthy that is inadequate. They are under- Guard and Reserve components of the life. insured. It is not good insurance. We Armed Forces) I can’t blame the American people have had some come from the other On page 177, line 23, strike ‘‘the moderniza- for feeling somewhat frustrated be- side of the aisle over the last few days tion’’ and all that follows through line 25 and cause we have all these fake controver- saying they don’t care about Nevadans insert the following: ‘‘and the Secretary of sies, such as death panels—a way to di- hurting. They think the status quo is Defense, who upon completion of a thorough vert attention from what we are trying just fine, and they refuse to help their review, shall provide to each standing com- to do. There are no death panels. The fellow citizens who are suffering. They mittee of Congress a modernization priority assessment for their respective Reserve or only thing that has been suggested is seem to want me to apologize for help- National Guard component.’’. that people have an examination every ing my constituents who are strug- year and sit down with their physician gling. I am never going to apologize for Mr. COBURN. Mr. President, in this and find out what the future holds in trying to help the people of Nevada. I bill we are attempting to address what the way of treatment. Death panels is was born there. I am going to do every- I agree is a very serious problem, the a diversion. thing I can to help the people in the funding of our National Guard and Re- The abortion issue is a diversion. We State of Nevada. serve. I do have some concerns, though, want to keep things the same way they Let me tell everyone within the about how we are going about doing have been in this country for a long sound of my voice something else. I that. time: Use the so-called Hyde amend- was talking to one of my Republican I would love to be corrected by either ment, which is now the so-called Capps colleagues recently. He is from the the chairman or the ranking member. amendment, which, in effect, just car- State of Georgia, a wonderful man, As I understand the bill, the $1.5 billion ries that over. JOHNNY ISAKSON. I said: How about in upgrades for the National Guard and One of their real diversions in this is those rains? He said: Well, I have a rain Reserve actually bypasses the Depart- a bill to help undocumented, illegal gauge in my home. In 24 hours, it ment of Defense, bypasses the Joint aliens. All these are diversions. They rained 18 inches. I can’t comprehend Chiefs of Staff, and goes directly to the have nothing to do with what we are that. In Las Vegas, the average rain committee in terms of the approval of trying to do: to improve the health fall per year is 4 inches, but he got 18 how they do that. I would inquire of care delivery system. inches in 24 hours, and the next day I the chairman if that is accurate. There are so many examples. A think he told me they got 8 inches. Mr. INOUYE. If I may, Mr. President. woman from Las Vegas came to see me That torrential rain they had in Geor- The PRESIDING OFFICER. The Sen- yesterday. She was raised in Reno, now gia has created problems the State ator from Hawaii. from Las Vegas, living a wonderful life. can’t handle, and they are asking for Mr. INOUYE. This matter has been She gets sick. She has breast cancer at Federal emergency help. I want to help requested by two Members of the cau- age 29. It changed her life dramati- them. I am a Senator of the United cus, the National Guard caucus. They cally. Because why? Her health insur- States. I am not a Nevada Senator; I would like to say a few words about it. ance was so terribly inadequate. I am am a Senator of the United States. My If I may, can we set this aside? from Searchlight, NV. A woman whom first obligation is to help my people in Mr. COBURN. Absolutely. I am happy I have known for many years, she is Nevada, but if there is a problem in to do that. the assistant postmistress. She helps Georgia because of the rains or the I ask unanimous consent to set this me at my home. I give her a few dollars fires in California, I am going to do ev- amendment aside. every month. Her husband is retired. erything I can to help them, just as I The PRESIDING OFFICER. Without They have a 23-year-old son. Of course, am going to do everything I can to help objection, it is so ordered. he goes off their insurance when he is the people of Michigan, Oregon, and Mr. COBURN. I note the absence of a 23. He is young. He is healthy. Within 6 Rhode Island, as I spoke yesterday. quorum. weeks of turning 23, he no longer has So we have to look out for each The PRESIDING OFFICER. The health insurance, he is diagnosed as other. We have mutual responsibilities. clerk will call the roll. having testicular cancer. He has no in- I am disappointed that people would The legislative clerk proceeded to surance. What does that do to that complain about the fact that we have call the roll. family? situations in our States that we need Mr. REID. I ask unanimous consent What we are doing is we are trying to help for. We have a lot of poor people that the order for the quorum call be change that so that 29-year-old woman and a lot of people getting poorer real rescinded. with breast cancer, the 23-year-old quick. The PRESIDING OFFICER. Without with testicular cancer has some cov- It is becoming increasingly clear that objection, it is so ordered. erage, insurance coverage. That is Republicans simply don’t have any HEALTH CARE REFORM what we are trying to do. ideas for helping the American people Mr. REID. Mr. President, I have lis- We were here yesterday talking as it relates to health care, even people tened with great interest to the con- about four States: Oregon, Rhode Is- in their own States who are suffering

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I have watched For the latest episode on that, look including Nevada, Oregon, Rhode Is- and supported billions of dollars flow- what is going on in the Finance Com- land, and Michigan—are suffering par- ing across this floor to support the big mittee. Are there constructive amend- ticularly, and in particular ways, and finance industry States—Wall Street— ments offered? No. Just nitpicking, we are a long way from economic re- and to protect our banking industry. I just a way to slow things down. It is covery. So the additional Medicaid sup- have supported it when billions of dol- more proof they want to defend the port for those States is highly appro- lars flowed across this floor to support status quo, refuse to take care of their priate. There are reasons for that. coastal States that were hit hard by suffering and struggling constituents, The majority leader talks about the storms and hurricanes. I watched bil- and ignore the will of the American flooding in Georgia or the disaster we lions of dollars flow through here for people—at any cost. We know that cost had in Louisiana a few years ago or the the States hit by flooding recently is great. fires in California. We have an eco- with the terrible floods in the South Mr. LEVIN. Mr. President, while the nomic fire taking place in my home and a little while ago when the terrible majority leader is on the Senate floor State of Michigan. I thank the major- floods hit the upper Northwest. I have and talking so eloquently about the in- ity leader for his willingness not just watched enormous support go to States adequacy of health insurance and spe- to grapple with the entire issue of when they experienced wildfires, and cific examples, one of the statistics— health care reform but to also recog- when our distinguished leader on the and I know it is just a statistic, not a nize not just the situation in his own Budget Committee, Senator CONRAD, specific example—which has moved me State, with all the foreclosures they argued so effectively for the States af- so dramatically in the direction the have been facing, but the situation we fected by drought. majority leader described is, if I under- face in a number of other States eco- I am on the Environment and Public stand this correctly, the majority of nomically. We are very grateful. Works Committee. The coal States are people in this country go into personal The PRESIDING OFFICER. The Sen- getting taken care of in amazing ways. bankruptcy because they cannot pay ator from Rhode Island is recognized. Over and over again, when we have their health care costs. That is bad Mr. WHITEHOUSE. Mr. President, I seen our fellow States in trouble, we enough; nobody should go bankrupt be- join the majority leader and the chair- have been willing to help them out. All cause they cannot pay for health care. man of the Armed Services Committee I am asking is, from Rhode Island’s That is unacceptable in this country. to express my appreciation to col- perspective, we have watched all of But what compounds that is that a leagues who will support the provisions these things go by, and there is yet to majority of them do have health insur- for Federal assistance for high-need be anything for Rhode Island. ance. The American people focus on States. Rhode Island is one of those I hope very much that my colleagues that statistic, and I know statistics are high-need States. will not take this opportunity to turn difficult to put our arms around. But One of the key targets to being a what has been a very collegial atmos- the majority of people who go bank- high-need State is a high unemploy- phere about helping each other’s States rupt because of not being able to pay ment rate. Right now, ours in Rhode Is- when they are in trouble and, for pur- health care bills have health insurance. land is about 12.8 percent—nearly 13 poses of politics, pile onto little Rhode This isn’t just a matter of trying to get percent. Since the beginning of this Island. This is something that we need. people covered who are not covered; it crisis, we have either been the second This is something that is important to is a matter of also trying to fill in for or third highest unemployment State us. the inadequacy of the uncertainty that in the Nation, only behind Senator Do we depend on coal? No. Do we de- exists, the instability that exists for LEVIN’s State of Michigan. It is the pend on the auto insurance industry? people to have health insurance. highest level of unemployment Rhode No. Do we depend on Wall Street? No. Mr. REID. Mr. President, if I may re- Island has seen since World War II, in Have we had a big hurricane? No. Nor spond to my friend, President Obama a generation. It amounts to, in our have we had flooding, wildfires, or told me on a telephone call 6 weeks ago very small State with a population of drought. But the condition of our peo- to make sure when we finish this fewer than 1 million people, 73,000 peo- ple, economically, is just as bad as if health care legislation it is not a pro- ple who are unemployed. That is only those things had occurred. gram for only the poor but that it is a counting the ones who qualify as un- Rhode Island is at nearly 13 percent program for the American people; that employed under the labor standards; unemployment. I urge my colleagues to in the process the poor and middle for people out too long, they are even stand with the leader and with the tra- class will be taken care of. I agree with more. After a while, they don’t count dition of kindness and collegiality that the President. them any longer in the statistics. It is has always characterized this body What the Senator has said is true. actually more than 73,000 people unem- when a State is experiencing particular The majority of the people who file ployed in a State of less than 1 million; distress and difficulty. bankruptcy do so because of health 73,000 families are facing unemploy- I yield the floor. care costs. That says it all. ment and are worrying about how to The PRESIDING OFFICER. The Sen- Mr. LEVIN. I thank the leader. We care for their loved ones. ator from Hawaii is recognized. are not going to be able to get to the We know this is a national problem, Mr. INOUYE. Mr. President, I lis- needed health care reform without his and we know many States are suf- tened to my leader with great admira- leadership. He also pointed out a par- fering. To be in this category of these tion. I wish him to know that I support ticular circumstance that a number of four States that are high-need States his action in support of the health re- our States are in. I am grateful for this and that are getting a little extra at- form measures before us. situation. tention in the Finance bill is not some- The leader touched upon two prob- In Michigan, we are losing 27,000 jobs thing we want. I would love for Rhode lems. One was that each day in the a month. I believe we have the highest Island to have a 7- or 8-percent unem- State of Nevada, 221 men, women, and unemployment rate in the country, ployment rate. I would be delighted. children will go to bed and the next which is 15.2 percent. It is growing, and This is a real trial for the people of morning find themselves without it will continue to grow, apparently. Rhode Island, and I appreciate that health insurance coverage. I believe it People are losing their health care. The there are people, including our distin- should be noted that, as we speak, over number of people eligible for Medicaid guished majority leader, who are 15,000 men, women, and children of the is increasing. reaching out to try to help Rhode Is- United States will wake up in the The bill before the Finance Com- land while we are in this period of in- morning finding that they have no in- mittee has a provision in it that we tense economic suffering. surance coverage—15,000 a day. That

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It is the responsibility of physi- efits provided to individuals who are that is so urgently needed by their pop- cians throughout this land, when con- here undocumented, in direct opposi- ulations. fronted with terminal cases, to tell tion to the straightforward language Thank you, Mr. President. their patients of the condition. They that is in the House bills and the Sen- The PRESIDING OFFICER (Mr. should also notify the patients that as ate bills. UDALL of New Mexico). The Senator long as they want care and life-sus- We have had strange stories about a from Rhode Island is recognized. taining medicine, it will be done. But I murky government takeover, when the Mr. REED. Mr. President, I commend believe it is the right of the patients to heart of this plan is to create the same Senator MERKLEY, Senator WHITE- suggest that they would like to rest. sort of marketplace that gives 8 mil- HOUSE, and Senator REID of Nevada for Three years ago, I lost a wife. We lion Federal workers access to multiple their eloquent and accurate description were married for 57 years. It wasn’t an private plans, to create that same mar- of the situation that faces several easy moment, believe me. One ketplace and access for every single States. Throughout this country, there is a evening—and I have never discussed American. Now, in the last day, there crisis in unemployment. But in States this publicly before—as I sat near her, is something even more strange: an at- such as Michigan, Oregon, Nevada, and she said, ‘‘I have something I would tack on States that are having the Rhode Island, it is a catastrophe—over like to discuss with you that is very most difficult time in this recession. 12 percent unemployment. We are deep in the twilight zone important.’’ She looked at me and said, As my colleague pointed out, that is ‘‘I will be dead in 10 days.’’ I said, when Members come to this body to at- just the official number. That number ‘‘Now, you must be kidding.’’ She said, tack efforts to assist the States most does not include those who have lost ‘‘No, I have discussed this matter with severely damaged by this recession— their job, but not filed their official the doctor. We all know it is terminal. the States of Michigan, Rhode Island, employment status. That number does This cancer is beyond control, and I Nevada, and my home State of Oregon. not include those people who are look- don’t wish to continue this agony. I Oregon is having a difficult time for ing for work and not finding employ- hope you will support me.’’ She said, ‘‘I a host of reasons. We are a State that ment. It is a situation that is ex- will be OK for a week, but on the sev- does a lot of trading, and a lot of the tremely difficult on the individuals and enth day I will go into a coma. During countries we trade with have had year- families of Rhode Island. those 7 days, I would like to discuss over-year recessions even worse than We are engaged in a very serious de- with you certain things, such as where our own. For example, South Korea, 20- bate about health care reform. There my funeral services should be held.’’ percent year-over-year drop in gross seems to be a consensus that the status She kept all these details. There was domestic product. quo will not work. Yet our proposals to no death panel. What the doctor did We have a timber industry that pro- change it are dismissed without appro- was to provide her with comfort—com- vides a lot of dimensional lumber to priate response in terms of alter- fort of her emotions, her senses. She build houses and build commercial natives. Our colleagues in the minority passed away happy. She knew that buildings around this Nation. The col- are simply saying the status quo is things were going to be done. lapse of building has damaged it se- bad, but it is good for us. I am sorry to see—and it hurts me to verely. We have to make changes, and we see—fellow Americans distort a good We have a wonderful section of our have to make those changes that rec- aspect of health care and turn it into economy involving growing fruits and ognize not only the inefficiencies in something murderous. They should be growing Christmas trees, and the Mexi- our medical care system but also the ashamed of themselves. can tariffs have hit that very hard. Add overall economic system. Mr. President, our leader is a good it all up and Oregon is one of the four One of the impetuses for this reform man. States worst hit. is not just access and affordability of I suggest the absence of a quorum. I read a few weeks ago that if we in- health care, it is the economic future The PRESIDING OFFICER. The clude the underemployed as well as the of the country. Again, in States such as clerk will call the roll. unemployed, Oregon is the single worst Rhode Island, Michigan, Oregon, and The legislative clerk proceeded to hit State in our Nation. Nevada, this is an issue that is incred- call the roll. I applaud the efforts of Members of ibly important. Mr. MERKLEY. Mr. President, I ask this Chamber to say we have a broken We understand that some States have unanimous consent that the order for health care system and we are going to taken a much more aggressive ap- the quorum call be rescinded. repair it. They are absolutely right. I proach to their Medicaid populations. The PRESIDING OFFICER. Without am pleased to be a member of that In recognition of our costly health care objection, it is so ordered. team working to make those repairs. system, they have tried to enroll as Mr. MERKLEY. Mr. President, it has I applaud the Members of this Cham- many people as they could. They recog- become clear that our health care de- ber who said we must help those States nize a higher level of poverty, one that bate is entering the twilight zone. We worst hit by this recession, continuing I think is going to be recognized in fed- have such a challenge in this Nation of a great American tradition. When a eral reform initiatives. But effectively, individuals who have no health care, State is hard hit by drought, we reach these States, unless they are given small businesses struggling to provide out and assist. When a State is hard hit some help, will be punished for being health care, and large businesses that by a hurricane, we reach out as a na- ahead of their colleagues, for trying to are having a difficult time competing tion to gather and assist. When a State extend health care coverage before the and producing products in America for is hard hit by a flood, there is a natural Nation was ready to do that. In that the world because of the accelerating disaster called, and we as a nation re- sense, we have to also recognize the price of health care. spond. When an earthquake strikes, as need to support the Medicaid Program So often, over the last couple of a nation we are there. and also support particularly those months, I have heard colleagues come Now we have another disaster, an States that are in this economic catas- and attack this effort to repair our bro- economic disaster, that is hitting par- trophe. ken system. Those repairs are essential ticularly hard in four States. I applaud As Senator WHITEHOUSE pointed out, to our family members. They are essen- the efforts to reach out and assist we routinely come together and recog- tial to our workers, to our small busi- those States together as a nation, as nize the special needs of regions and nesses, and to our big businesses. We we have so many other States in so States—wildfires in California, agricul- have had very strange stories shared in many other circumstances. tural disasters throughout the middle

VerDate Nov 24 2008 02:14 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.035 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10019 of the country and elsewhere, the great of Hawaii and the Senator from the Given the increased demand for this crisis of Katrina. To say now that we State of Mississippi for their work on training, I am offering an amendment cannot recognize something as extraor- this very important bill. I also thank to ensure that training at Camp dinarily important, such as health Senator JACK REED from Rhode Island, Atterbury continues to receive the sup- care, to several States, including my Senator LUGAR, and Senator BAYH for port it needs in terms of military and own of Rhode Island, is, I think, ne- their support of this amendment, civilian personnel, trainers, and other glecting what we do here on a relative which instructs the Secretary of De- resources. routine basis. fense, in consultation with the Depart- With a new mandate from Ambas- The other fact is that some of the ment of State and USAID, to continue sadors Holbrooke and Eikenberry, the criticism directed at proposals that to support the integrated civilian-mili- class size for this training has obvi- have been made in the Finance Com- tary training for all civilians deploying ously increased. As we continue with mittee have been made by Governors to Afghanistan, occurring once a the civilian surge, I hope the training who simply say you cannot shift the month in Indiana at Camp Atterbury. at Camp Atterbury will receive a com- burden to us, and that is particularly The civilian role in Afghanistan is mensurate level of increased funding the case in Rhode Island. We are facing absolutely critical to achieving the and support which it needs. a significant crisis in State funding. If broader goals of counterinsurgency. As We owe it to our brave men and we give them a responsibility without we discuss the way forward in Afghani- women in Afghanistan to get this resources at a time of this great unem- stan, it is essential to remember that right. It is critical to remember that ployment crisis, it would add a further troop levels are only one part of that our strategy in Afghanistan is not just burden. We would be, I think, not only strategy. about the troops; it is also about the disadvantaged by the economic situa- In order to cultivate support among civilians. tion but, as I suggested before, pun- the population and implement an effec- Just as we seek to ensure our troops ished for a good deed, which is to try tive counterinsurgency, civilians from headed to the field have the proper and incorporate more people into our across government agencies must con- preparation and equipment, it is crit- Medicaid system. tinue to partner and work in tandem ical our civilians have the same level We have to support the Finance Com- with the military. of training to ensure their effectiveness In May, I offered an amendment to mittee’s approach. In fact, I thank the and security. the supplemental which aimed to en- Finance Committee and Senator BAU- As the number of civilians in Afghan- sure that civilians deploying to Af- CUS for considering this issue. This is istan continues to grow—up to nearly ghanistan receive training that cul- critical. Again, we all wish we would be 1,000 by the end of the year—our sup- tivates greater civilian-military unity in a situation where unemployment port for this mandatory training must of mission and which emphasized the could confidently be seen in the future also increase. importance of counterinsurgency and as not a factor to support the States, Integrated civilian-military training stability operations. but we know it is going to be. is a great example of steps being taken Prior to passage of this amendment, to improve our counterinsurgency The support the chairman and the joint civil-military training was only members of the Finance Committee strategy. In order to succeed in Af- occurring once every 9 months to coin- ghanistan, civilians must successfully have given is appropriate. I strongly cide with scheduled military deploy- partner with the Afghans to help pro- support it and urge my colleagues to do ments. Since then, officials throughout vide essential services, to promote eco- so, as well. the government—and especially the nomic development, and to improve Mr. President, I yield the floor. State Department—realized this was The PRESIDING OFFICER. The Sen- systems of governance. insufficient to meet the increased I am especially grateful to the Indi- ator from Delaware is recognized. needs presented by the civilian surge in ana National Guard. General AMENDMENT NO. 2578 Afghanistan. Umbarger, adjutant general of the Indi- Mr. KAUFMAN. Mr. President, I ask As such, the joint training schedule unanimous consent that the pending was increased to once a month, and ana National Guard, and General amendment be set aside, and I call up Ambassadors Eikenberry and Touley are so involved in this and amendment No. 2578. Holbrooke recently mandated that all doing such a wonderful job. They are to The PRESIDING OFFICER. Without civilians working in the field in Af- be commended. I also am grateful to objection, it is so ordered. The clerk ghanistan must receive this training the staff at Camp Atterbury and the will report. prior to deployment. broader training support team from the The bill clerk read as follows: On Monday, I visited Camp Atterbury Departments of State, Defense, and The Senator from Delaware [Mr. KAUF- to observe and express my support for USAID. MAN], for himself, Mr. LUGAR, Mr. BAYH, and the training, to thank these brave men Most important, I am extremely Mr. REED, proposes an amendment numbered and women for their service, and to grateful to the thousands of our brave 2578. emphasize the key role of our civilians men and women—civilian and mili- Mr. KAUFMAN. Mr. President, I ask in Afghanistan. tary—who are serving in Afghanistan. unanimous consent that the reading of Civilians from across the interagency I believe this amendment is non- the amendment be dispensed with. process—including the Department of controversial, and with support of the The PRESIDING OFFICER. Without State, U.S. Agency for International bill managers, I will be more than objection, it is so ordered. Development, and the Department of happy to adopt it by voice vote at the The amendment is as follows: Agriculture—have come together in appropriate time. (Purpose: To provide for continuing support Camp Atterbury for a 1-week intensive I yield the floor. of certain civilian-military training for ci- course with the military, where they The PRESIDING OFFICER. The Sen- vilians deploying to Afghanistan) simulate real life experiences in Af- ator from Pennsylvania is recognized. At the appropriate place, insert the fol- ghanistan. AMENDMENT NO. 2592 lowing: This includes participating in vi- Mr. CASEY. Mr. President, I come to SEC. ll. The Secretary of Defense shall, gnettes with role players and the mili- the floor to speak about an amend- in consultation with the Secretary of State tary to brainstorm ways to help their ment, one we are going to be spending and the Administrator of the United States Afghan partners deliver essential serv- more time on in the next couple Agency for International Development, con- hours—amendment No. 2592. I will not tinue to support requirements for monthly ices, security, and economic oppor- integrated civilian-military training for ci- tunity. call it up at this time, but I will speak vilians deploying to Afghanistan at Camp This essential skill set and level of about it. Atterbury, Indiana, including through the familiarity with the military would First, I am very honored that our as- allocation of military and civilian personnel, take weeks to achieve once in theater. sistant majority leader, Senator DUR- trainers, and other resources for that pur- But the integrated training at Camp BIN, has worked with me and our staffs pose. Atterbury allows our civilians heading have worked together on this amend- Mr. KAUFMAN. Mr. President, I am to Afghanistan to hit the ground run- ment. I ask unanimous consent that grateful to the Senator from the State ning. Majority Leader REID, Senator KERRY

VerDate Nov 24 2008 00:35 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.036 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10020 CONGRESSIONAL RECORD — SENATE October 1, 2009 of Massachusetts, and Senator BILL of those few moments when our sol- names of the 10 servicemembers and NELSON of Florida be added as cospon- diers can relax and get a breather, he contractors who have died in Iraq as a sors of amendments Nos. 2591 and 2592, was killed. So this amendment is nec- result of electrocutions. which I filed for consideration during essary because Ryan’s tragic death There being no objection, the mate- the debate on H.R. 3326, the Defense could have been prevented if the bad rial was ordered to be printed in the Appropriations Act. electrical work had been fixed in a RECORD, as follows: The PRESIDING OFFICER. Without timely manner. ELECTROCUTION DEATHS IN IRAQ objection, it is so ordered. Ryan’s case is not an isolated inci- Mr. President, the first amendment I Since the March 2003 invasion, 19 people dent. Other incidents involve service- have died from electrocution, including 10 will speak about is 2592. members and contractors from all over from the Army, 5 from the Marine Corps, 1 This amendment has three major the country, including Georgia, Texas, from the Navy, 2 military contractors and 1 goals: California, Nevada, Oregon, Hawaii, State Department contractor. First, this amendment will make Minnesota, and, as I mentioned, my According to the Inspector General of the sure the shoddy electrical work on home State of Pennsylvania. The risk United States Department of Defense, nine American military bases gets fixed im- continues to persist, and it has been of the 19 electrocutions involved accidental mediately. When I say shoddy elec- going on since 2004. deaths that resulted from the victims touch- trical work, in some of the cir- Ryan died in January of 2008, but the ing or coming into contact with live elec- cumstances I will describe, that is an risk is still there for our soldiers. On trical power lines. The Inspector General’s report on these incidents concluded that understatement. September 1 of this year, the beginning ‘‘[w]hether equipment maintenance complied Second, it would also ensure that the of last month, a civilian contractor, with proper electrical standards or ground- brave men and women serving in war Adam Hermanson, died as a result of ing requirements were not issues in these zones have clean water. It is kind of being electrocuted—again, just like nine electrocutions, and the investigations hard to believe we have to have an Ryan—while showering. conducted in the cases sufficiently estab- amendment to deal with that. We Adam grew up in San Diego and Las lished responsibility for the deaths.’’ should have that anyway. But once Vegas. He served three tours in Iraq— The remaining ten electrocutions involved again, it is something we have to cor- three tours—with the Air Force before equipment malfunctions that could have re- rect and fix. leaving at the rank of staff sergeant. lated to whether equipment maintenance complied with proper electrical standards or Third, the amendment would estab- Adam Hermanson was planning to whether the respective chain of command lish and enforce strict standards for move to Pennsylvania with his wife acted responsibly in protecting Service preventing and prosecuting sexual as- Janine. Janine is currently living in members. sault on Army bases. our State with her parents and search- 1. Army Spc. Marvin A. Camposiles, 25, of These are the three goals and objec- ing for an explanation—an explanation Austell, Georgia: Army Spc. Composiles died tives of this amendment. These simple, as to why this happened to her hus- in Samarra, Iraq, when he was electrocuted commonsense reforms are long over- band. The Departments of Defense and while performing routine generator mainte- due. These problems should have been State have an obligation to provide nance. He was assigned to 1st Battalion, 26th corrected a long time ago, but they Infantry Regiment, 2nd Brigade, 1st Infantry this explanation. Division, Schweinfurt, Germany. Died on haven’t, so we have to take action. We have had lots of investigations April 17, 2004. For the moment, I would like to and lots of reviews but not enough in 2. Marine Pfc. Brian K. Cutter, 19, of River- focus on the first provision of the the way of answers. We have an obliga- side, California: Marine Pfc. Cutter died in amendment, which requires immediate tion in the Senate as well to prevent Al Asad, Iraq, after being electrocuted while correction of substandard electrical any further electrocutions of our working on a cooling system for a tent, only work. troops in these circumstances. two days after arriving in Iraq. He was as- Since the 2003 invasion of Iraq, 10 This amendment attempts to right a signed to 3rd Assault Amphibian Battalion, brave servicemembers and civilian con- wrong by ensuring that the Army re- 1st Marine Division, I Marine Expeditionary tractors in Iraq have died—have died— views the language of a contract at the Force, Camp Pendleton, California. Died on May 13, 2004. as a result of electrocutions that could time of formation of that contract to 3. Spc. Marcus ‘‘O.’’ Nolasco, 34, of Chino, have been prevented. This includes ensure that it includes explicit lan- California: Spc. Marcus Nolasco died in Baji, SSG Ryan Maseth of Shaler, PA, which guage that clearly requires contractors Iraq, when he was electrocuted while show- is in the southwestern corner of our to immediately correct deficiencies, ering. He was assigned to Battery B, 1st Bat- State. such as improperly ground equipment talion, 33rd Field Artillery, 1st Infantry Di- Ryan died on January 2, 2008, when or facilities which could cause the vision, Bamberg, Germany. Died on May 18, he was electrocuted while showering in death or serious bodily harm of a sol- 2004. his barracks in Iraq. It is hard to de- dier. This review should be happening 4. Navy Petty Officer 3rd Class David A. scribe in a short presentation and a few already, but the facts make clear that Cedergren, 25, South St. Paul, Minnesota: number of words the horrific night- Petty Officer 3rd Class Cedergren died near it isn’t. The Senate needs to take con- Iskandariayah, Iraq, died as a result of being mare he had to live through and was crete steps now to reduce and ulti- electrocuted. He was assigned to the 2nd Ma- killed by and the nightmare his family mately eliminate this danger to our rine Division Fleet Marine Forces Atlantic. has lived through ever since. His moth- troops. No family should have to en- Died on September 11, 2004. er Cheryl Harris is someone I have dure the pain suffered by Ryan’s moth- 5. Spc. Chase R. Whitham, 21, of Harris- come to know. She has been a strong er Cheryl Harris or Adam’s wife Janine burg, Oregon: Spc. Whitham died in Mosul, advocate not just for finding out what Hermanson or any other family mem- Iraq when an electrical current surged happened to her son but also making bers of the other eight fallen soldiers. through a swimming pool in which he was sure this doesn’t happen to other sons Americans serving in this theater of swimming. Died on May 8, 2005. and daughters serving in harm’s way. war or any theater of war face chal- 6. Sohan Singh, Civilian Contractor Em- ployee: Mr. Sohan Singh was electrocuted Just imagine this: A brave soldier, lenges on the battlefield that most of while attempting to enter his quarters at willing to take on the enemy and us can’t even imagine. I know Chair- Fallujah Surgical, Camp Fallujah, Iraq, on trained to do that, willing to go into man INOUYE understands what I am July 19, 2005. Mr. Singh was a third country the battlefield and endure a firefight, talking about. He served in combat and national from India. is killed in a shower because someone we know of his great heroic story. He 7. Staff Sgt. Christopher L. Everett, 23, of didn’t do their job in ensuring a shower can understand it, but I am not sure I Huntsville, Texas: Staff Sgt. Everett died in was grounded or installed correctly to can, not having faced those challenges Al Taqqadum, Iraq, when he was electro- prevent shock or electrocution and myself. But the risk of death should cuted while power washing sand from a death. not follow these brave men and women Humvee. He was assigned to the Army Na- tional Guard’s 2nd Battalion, 112th Armor Ryan was not killed in combat. He into the barracks, where they should Regiment, 56th Brigade Combat Team, Ar- was killed by the mistakes of others in have a reasonable expectation of safety lington, Texas. Died on September 7, 2005. a place where he should have had a rea- and security away from the battlefield. 8. Army Sgt. Michael J. Montpetit, 31, of sonable expectation of safety and secu- Mr. President, I ask unanimous con- Honolulu, Hawaii: Army Sgt. Montpetit died rity away from the battlefield. In one sent to have printed in the RECORD the when he was electrocuted while working on a

VerDate Nov 24 2008 02:14 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.037 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10021 generator outside of Baghdad. He was as- vive four war tours, then die suddenly in a No. 2578 be modified with the changes signed to the 15th Forward Support Bat- seemingly safe place. at the desk. talion, 2nd Brigade Combat Team, 1st Cav- ‘‘We all know that Adam was as strong as The PRESIDING OFFICER. The alry Division, Fort Hood, Texas. Died on a tank,’’ his mother said. ‘‘He was in good amendment is so modified. health.’’ June 22, 2007. The amendment, as modified, is as 9. Staff Sgt. Ryan Douglas Maseth, 24, of In July, the Defense Department’s inspec- Shaler, Pennsylvania: Staff Sgt. Maseth was tor general said that of the 18 electrocution follows: electrocuted while showering in his barracks deaths of U.S. soldiers and contractors in At the appropriate place, insert the fol- in Baghdad in January 2, 2008. Iraq, eight involved possible equipment lowing: 10. Adam Hermanson, 25, of Las Vegas, Ne- faults or malfunctioning that caused or con- SEC. ll. The Secretary of Defense may, in vada: While working as a State Department tributed to the electrocutions. The acci- consultation with the Secretary of State and contractor, Adam was electrocuted on Sep- dental touching of live wires was blamed in the Administrator of the United States tember 1, 2009 while showering in Baghdad. about half the deaths. Agency for International Development, con- According to press reports, military medical Mr. CASEY. Mr. President, I won’t tinue to support requirements for monthly examiner told her that preliminary findings read all of this Associated Press story integrated civilian-military training for ci- indicate that Adam died from low voltage vilians deploying to Afghanistan at Camp but will just make note of two state- Atterbury, Indiana, including through the electrocution. Adam served three tours in ments by two people who loved Adam Iraq with the Air Force before leaving at the allocation of military and civilian personnel, rank of staff sergeant. Died on September 1, Hermanson very much. trainers, and other resources for that pur- 2009. There is a statement in this story pose. about his wife and his mother. His wife Mr. CASEY. Mr. President, let me Mr. KAUFMAN. Mr. President, I ask said, when reflecting upon what had conclude with a couple of remarks. for a voice vote. happened to her husband and the cir- The Associated Press published a The PRESIDING OFFICER. Is there cumstances: He was supposed to come story written by Kimberly Hefling on further debate on the amendment at back, and we had a lot of plans. So September 8, 2009, and I ask unanimous this time? after serving three tours as a soldier consent to have this article printed in Mr. KAUFMAN. Mr. President, I and then going back as a contractor, he the RECORD. yield the floor, and I suggest the ab- would have hoped to have come back to There being no objection, the mate- sence of a quorum. be with his wife, and she says in the rial was ordered to be printed in the The PRESIDING OFFICER. The story that they had a lot of plans. And RECORD, as follows: clerk will call the roll. then Adam’s mother, Patricia The bill clerk proceeded to call the [From the Associated Press, Sept. 8, 2009] Hermanson of Las Vegas, said everyone roll. STATE DEPARTMENT CONTRACTOR in her family was struggling to under- Mr. INOUYE. Mr. President, I ask ELECTROCUTED stand how he could survive so many unanimous consent that the order for (By Kimberly Hefling) tours of duty and then die suddenly in the quorum call be rescinded. WASHINGTON.—A State Department con- a seemingly safe place. That is a ques- The PRESIDING OFFICER. Without tractor apparently has been electrocuted tion all of us should ask and have an- objection, it is so ordered. while showering in Baghdad even as U.S. au- swered—those who are family members Mr. INOUYE. Mr. President, I would thorities in Iraq try to remedy wiring prob- lems that have led to the deaths of American who have lived through this nightmare like to advise the Senate that the com- troops there. and those who are Senators trying to mittee has no objection to the Kauf- The contractor, Adam Hermanson, 25, died do something about it. man amendment and we accept it. Sept. 1, his wife, Janine, said Tuesday. She I know there are many people here in The PRESIDING OFFICER. Is there added that a military medical examiner told this Chamber who want to do some- further debate on the amendment? her that preliminary findings indicate her thing about this, so I ask my col- If not, the question is on agreeing to husband died from low voltage electrocution. leagues to support this amendment. the amendment, as modified. Electrical wiring has been an ongoing Mr. President, I hope someone can The amendment (No. 2578), as modi- problem in Iraq. At least three troops have tell me whether we can call it up at fied, was agreed to. been electrocuted in the shower since the start of the Iraq War, while others have been this time. Mr. INOUYE. Mr. President, I move electrocuted under other circumstances such Mr. INOUYE. Will the Senator yield? to reconsider the vote and to lay that as while operating a power washer. Inspec- Mr. CASEY. I will. motion on the table. tions and repairs are under way at 90,000 The PRESIDING OFFICER. The Sen- The motion to lay on the table was U.S.-maintained structures there. ator from Hawaii. agreed to. Hermanson grew up in San Diego and Las Mr. INOUYE. I commend the Senator Mr. INOUYE. Mr. President, I suggest Vegas. He joined the military at age 17, and from Pennsylvania for his amendment. the absence of a quorum. did three tours in Iraq with the Air Force be- I support the intent and the purpose of The PRESIDING OFFICER. The fore leaving at the rank of staff sergeant. He that amendment. However, I have been clerk will call the roll. returned to Iraq as an employee of the Hern- advised there are certain technical The bill clerk proceeded to call the don, Va.-based private contractor Triple Canopy. changes that have been recommended roll. Jayanti Menches, a spokeswoman for Tri- for better acceptance by this body. So Mr. BARRASSO. Mr. President, I ask ple Canopy, said in an e-mail that the com- if I may ask that the Senator’s staff unanimous consent the order for the pany was saddened by his death but would and the staff of the committee get to- quorum call be rescinded. not be commenting further until an inves- gether, I think we can work it out. The PRESIDING OFFICER. Without tigation was complete. Mr. CASEY. I thank the chairman for objection, it is so ordered. State Department spokesman Robert Wood his comments, and we will certainly AMENDMENT NO. 2567 also offered condolences to the family, but act in accordance with his statement. would not elaborate further on the cause of (Purpose: To prohibit the use of funds for the Mr. INOUYE. I thank the Senator. Center on Climate Change and National death, pending an investigation. Mr. CASEY. Mr. President, I yield Janine Hermanson said her husband took Security of the Central Intelligence Agen- the contracting job so they would have the floor, and I suggest the absence of cy) money to buy a house in Muncy, Pa., where a quorum. Mr. BARRASSO. I ask the pending they were planning to live. She said she’d al- The PRESIDING OFFICER. The business be set aside and I be allowed ready moved there and was living with her clerk will call the roll. to call up my amendment, No. 2567, and parents. The bill clerk proceeded to call the make it pending. The two would have celebrated their fourth roll. The PRESIDING OFFICER. Without wedding anniversary on Sunday. Mr. KAUFMAN. Mr. President, I ask objection, it is so ordered. The clerk ‘‘He was supposed to come back and we had unanimous consent that the order for will report. a lot of plans,’’ said his wife, who also served the quorum call be rescinded. in Iraq with the Air Force. The bill clerk read as follows: The PRESIDING OFFICER. Without The Senator from Wyoming [Mr. Besides three Iraq tours, Adam Hermanson objection, it is so ordered. served in Uzbekistan with the Air Force. His BARRASSO] proposes an amendment num- mother, Patricia Hermanson, 53, of Las AMENDMENT NO. 2578, AS MODIFIED bered 2567. Vegas, said everyone in her family was Mr. KAUFMAN. Mr. President, I ask At the appropriate place, insert the fol- struggling to understand how he could sur- unanimous consent that amendment lowing:

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I Air Guard units, the Air Guard will ex- September 25 the Central Intelligence think the amendment would miss the perience a significant drawdown of Agency announced the creation of the point and make a faulty assumption fighters as existing fighters reach the CIA Center on Climate Change and Na- end of their service life. tional Security. I am proposing an that the National Guard/Reserve equip- ment accounts do not go through a Unfortunately, this is the result of amendment today to the fiscal year year after year of failing to recapi- 2010 Defense appropriations bill that process. talize our fighter fleet. This is due to would prevent funds in this bill from The Secretary of Defense and service cost growth and production delays of going to that center. The CIA is re- chiefs already review the unfunded list the so-called fifth generation aircraft sponsible for gathering foreign intel- that the NGREA funds are put toward. that have resulted in reduced pur- ligence information for the United The Air National Guard and Army Na- chases of aircraft and chronic delivery States. We have threats from around tional Guard, working closely with delays which threaten to put a tremen- the world. The most immediate of their major command counterparts, dous bathtub in the available craft these threats is the prevention of fu- have been able to use these funds on needed by the Air Guard for its mis- ture terrorist attacks on U.S. soil. I do critical capability requirements by not believe that creating a Center on leading with funding for integration sion. Most of us all know what happens Climate Change is going to prevent one and procurement of various weapons when the pot shrinks in the Pentagon. terrorist attack. systems capabilities. Why is this administration having The Army and the Air Force are re- The Guard gets the short end of the our intelligence officials, the men and sponsible for equipping their Reserve stick. The Air Force must recapitalize the women who protect this country, components, and they do so within its older fighter force, the F–15s and F– have these men and women staff and budgetary constraints. 16s. Fifth generation aircraft invest- operate a climate change center? The We know historically that the Air ment, proposed investment, is crowd- creation of this center appears to ele- National Guard has been equipped at a ing out other Air Force priorities with vate the issue of climate change to the level significantly lower than the Ac- limited resources when we have to have level of terrorism and foreign espio- tive components and, constitutionally, the resources now for work that the nage. the Congress has the explicit power to Guard is continuing to do. To me, this raises a number of ques- provide for equipping the militia. Even Of the F–16s in the Air National tions. The CIA always claims to have in recent history the Air National Guard, 80 percent will begin to reach scarce resources and competing prior- Guard’s equipment requirements are the end of their service life in less than ities. What are the costs going to be of placed in the supplemental or in the 8 years. The net result is the Air Guard is facing a major gap between when the creating this new climate center? Isn’t outyears, which often do not survive. there a more efficient way to achieve Congress has traditionally under- jets are retired and when aircraft to re- the same results using existing re- stood that the Army cannot meet the place them are available. That is the fighter gap. The result is sources? Why can’t the CIA get this in- Reserve component’s equipment re- units would not be capable of sup- formation through traditional chan- quirements. The National Guard has a porting the Air Sovereignty Alert; that nels, such as the State Department of- Federal ‘‘wartime’’ mission as an oper- means defending the skies of the ficials in the field, the EPA, the Na- ational Reserve and, in order to ensure tional Ocean and Atmospheric Admin- Homeland. that the Reserve component, specifi- Currently, the Guard covers series 16 istration, and other Federal agencies? cally the Guard, can meet both its Fed- How does the CIA get information of 18 sites where units stand alert 24 eral and domestic missions, Congress hours a day, 7 days a week, 52 weeks a about other issues—world hunger, dis- provides the NGREA. ease, financial markets—to make their year. Recapitalizing the Air National After Katrina, the Guard had only 33 Guard and modernizing must occur decisions? Do they have centers for all percent of the homeland equipment of these issues as well? Is this center proportionally and in parallel with the needed to respond to its State emer- total Air Force; otherwise, mission going to make demands on the current gency response mission. The Guard pri- CIA bureaucracy? Will they use exist- gaps, such as the all-important Air marily focuses its NGREA procure- Sovereignty Alert, will come down and ing personnel? Will they hire new peo- ments on critical dual-use items that ple? Will necessary personnel have the absence of necessary aircraft will support both the Chief and the Na- leave many units eviscerated. tasking authority? tional Guard Bureaus’ ‘‘Essential 10’’ Tasking authority means the ability There is no program or plan that pre- capabilities—their overseas military to take satellites off of watching ter- vents the fighter gap from occurring. I responsibility—and the Governors. rorists and having them instead watch- was very pleased to hear the Air Force The funding provides for the mod- ing arctic ice sheets. Will someone sit- Chief of Staff, GEN Norton Schwartz, ernization, unfunded MTOE equipment ting in a dark room watching satellite announce at the National Guard Asso- requirements, and items of equipment video of northern Afghanistan now be ciation his intent to work with the that are not managed by the Army G4 sitting in a dark room watching polar Guard to develop a preservation strat- ice caps? or G8. egy. The priorities seem to be out of With all that said, I hope my col- The strategy is being developed. At focus. I believe the Senate should sup- leagues will continue to recognize that the time, it will be presented to the Air port this amendment and bring the investments in our citizen soldiers and Force, the Guard, and the Adjutant focus back in line with America’s na- airmen provide the best bang for the Generals in November. Senator LEAHY tional security interests. The CIA has taxpayers’ hard-earned dollars and, fur- and I have continued to endorse the an important job to do. It must not be ther, that the funds in the National procurement of 4.5-generation aircraft distracted by being forced to deal with Guard and Reserve equipment account to address the shortfall. climate change. are subject to an internal process re- I believe we will have to consider I yield the floor and suggest the ab- view by the Secretary of Defense and purchasing more F–16s, F–15s or F/A– sence of a quorum. respective Guard Chiefs. 18s that are relevant to the current and The PRESIDING OFFICER. The Mr. President, I also will ask to call foreseeable war on terror, are cost-ef- clerk will call the roll. up another amendment that I have. I fective, and are available to bridge the The bill clerk proceeded to call the believe it is at the desk. This is an Guard through the fifth generation. roll. amendment on behalf of the citizen air- The Air Guard absolutely needs to be Mr. BOND. Mr. President, I ask unan- men in the Air National Guard. a part of the fifth-generation missions imous consent that the order for the At present, the Air Force possesses but not at the expense of the vast ma- quorum call be rescinded. sufficient numbers of fighter aircraft jority of units it would lose due to a

VerDate Nov 24 2008 00:35 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.019 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10023 lack or delay in follow on. We do not hood that it will have any impact on terrorist agenda but nonetheless op- need to accept a smaller Air Force, our ability to confront the al-Qaida poses our massive military presence in particularly when it is not based on safe haven in Pakistan, and the likeli- the region. It has driven people into thoughtful analysis but based on the hood that it will actually destabilize the arms of the Taliban even while need to cut budgets and cost growth in one or both countries. I realize that we Taliban and al-Qaida leadership re- the procurement of the new planes that cannot know these things with abso- mains out of reach in Pakistan. And it are so far behind schedule, under- lute certainty, but we should have risks further destabilizing Pakistan, a performance, and overbudget. some idea of the expected costs, dura- nuclear-armed country where al-Qaida We will see too many units shut tion, and likelihood of success or fail- is now based. Rather than continue down. That is why Senator LEAHY and ure before embarking on such a signifi- down this road, we need a smart, tar- I have offered an amendment to re- cant undertaking. The President geted strategy to pursue al-Qaida and strict the retirement of the current should not send tens of thousands of Taliban leadership without provoking generation aircraft until the Secretary brave young men and women into further militancy in both countries. reports to the Congressional Defense harm’s way, if he so decides, without Our enemy is agile. It has a network Committees a detailed plan on how the first answering these questions, and that spans the globe, receives financing Secretary of the Air Force will fill the Congress should not support such a de- from individuals around the world and force structure, a description of the fol- cision without first obtaining this in- has a presence in even the most devel- low-on missions, an explanation of the formation. oped nations. We have expanded our criteria for selecting the bases, a plan My amendment, which is nonbinding, ability to go after these networks, working with allies and cutting off the for the reassignment of regular and Re- does not attempt to pressure the Presi- flow of funds. Chasing after elusive serve Air Force personnel, and an esti- dent to make a decision about troop Taliban foot soldiers in Afghanistan mate of the cost avoidance to be levels. I, for one, am pleased to see that will not defeat al-Qaida; rather, we achieved by the retirement of such tac- this administration is apparently ask- ing some very tough questions about must use all elements of our national tical air. power to target al-Qaida without get- Many of the efforts we have had to our Afghan strategy. I think it is un- ting bogged down in massive military wage over the last few years have been fortunate that some, including in this body, have suggested that any delay in operations with unrealistic goals and the result of the Guard getting shut potentially dangerous unintended con- out of key decisions on resources and responding to General McChrystal’s re- quest is unacceptable. The stakes are sequences. equipment. America’s oldest fighting Armed nation-building in a country too high for a rushed decision, and not force is now more relevant than ever. hostile to foreign interventions and only for the troops who could be de- In today’s world, the need for a Na- with a feckless, corrupt central govern- ployed. After 8 long years of war, we tional Guard is greater than ever be- ment is at best an experiment and at fore. The Guard has experienced and need to question all our assumptions worst a dangerous distraction. Rather capable fighting units. There is no pro- and rethink our approach from top to than looking desperately for a quick gram or plan that prevents this fighter bottom. What was possible and desir- fix to the problems that plague that gap from occurring. Unless we pass this able 5 or even 2 years ago may now be country, we must acknowledge the lim- amendment, the issue remains unre- neither. Getting Afghanistan right has its of our ability to radically remake solved. This amendment will prevent serious implications for our national Afghan society no matter how many the loss of any additional force struc- security, and the answers to the ques- billions of dollars and tens of thou- ture until we get the information need- tions I raise in my amendment will sands of troops we may commit to the ed. help us, and the people we represent, to cause. Instead, we should pursue a sus- I ask unanimous consent to set aside know whether we have done so. tainable, civilian-focused strategy to the pending amendment and call up Eight years ago, I voted in favor of support the emergence of legitimate this amendment. the authorization to use military force governance. This is the surest way to The PRESIDING OFFICER. Is there against those who planned and carried defeat the Taliban in the long term. objection? out the 9/11 attacks. Since then, I have Unfortunately, while the decision to Mr. INHOFE. I reserve the right to remained focused on that goal and have go to war in Afghanistan was the right object. Let me inquire as to what is noted with alarm the resiliency of al- one, the exigencies of our military op- pending now. Qaida’s leadership in Pakistan and its erations are now undermining our abil- The PRESIDING OFFICER. The growing footholds in Yemen, Somalia, ity to help promote such legitimate pending amendment is the Barrasso North Africa and elsewhere. The deci- governance. We have looked the other amendment No. 2567. Five other sion to go to war in Iraq was a tragic way when our supposed allies com- amendments are also pending. mistake that undermined our ability to mitted human rights abuses, sold drugs Mr. INHOFE. I object. go after al-Qaida. That initial mistake or embraced corruption. As General The PRESIDING OFFICER. Objec- was compounded by flawed thinking as McChrystal stated in his assessment, tion is heard. too many people focused narrowly on we have embraced ‘‘problematic’’ rela- Mr. BOND. I yield the floor. ‘‘getting Iraq right’’ without realizing tionships with ‘‘polarizing and preda- The PRESIDING OFFICER. The Sen- that the key to getting Iraq right was tory’’ power brokers, including in the ator from Wisconsin is recognized. to place it in the context of a com- Afghan National Security Forces, who Mr. FEINGOLD. Mr. President, as we prehensive, global strategy to defeat ‘‘have been major agents of corrup- consider the Defense Department Ap- al-Qaida. So, too, we cannot simply tion.’’ He reported that ‘‘extortion as- propriations bill, the most important focus on getting Afghanistan right, we sociated with large-scale development question we face concerns our military need to make sure that our Afghan ap- projects undermines the economy in operations in Afghanistan. That is why proach is part of, and contributes to, Afghanistan.’’ Additionally, he notes, I have filed an amendment which com- that broader strategy I just mentioned. the Afghan public ‘‘perceives that mends the President for focusing on Af- This administration sees that bigger ISAF is complicit in’’ the abuse of ghanistan and Pakistan and for devel- picture, which is why it has begun to power and corruption. oping a comprehensive, interagency redeploy troops from Iraq, though not Some who want to persist with our strategy for the region. It also ex- as quickly as I would prefer. And Presi- current strategy are calling for a rapid presses the sense of the Senate that the dent Obama has brought needed focus increase in the size of the Afghan secu- President should provide Congress and and attention to the Afghanistan-Paki- rity forces. But without a legitimate, the American people with some basic stan region, but I am concerned that functioning national government, a information before he authorizes any our current and proposed military rapid expansion of these forces is likely potential increase in troop levels in Af- strategy Afghanistan may play into al- to provoke further instability. ghanistan. In particular, it urges the Qaida’s hands. Our current approach Currently, the only face of the Af- President to inform Congress how has mobilized a tribal network in the ghan government in many parts of the much such an increase would cost, how Afghan-Pakistan border region that country is the Afghan police force long he expects it to last, the likeli- does not share al-Qaida’s international which is itself beset by corruption.

VerDate Nov 24 2008 02:14 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.049 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10024 CONGRESSIONAL RECORD — SENATE October 1, 2009 While our current strategy depends fining and achieving our goals there. tionship with the civilian government upon our ability to address the corrup- Unlike Iraq, we also hear arguments in Pakistan after too many years in tion that plagues the Afghan govern- pointing out that the 9/11 attacks were which we placed all our chips on an un- ment, no one has explained how we can launched from Afghanistan, which is reliable, unpopular and undemocratic achieve this goal. With the input of absolutely true. strongman, we are finally on the right millions of dollars, international pres- But the leaders of al-Qaida and the track, trying to support the emergence sure and additional U.S. troops, we did leaders of the Taliban are in Pakistan, of a legitimate government that, in the not even have the ability to prevent they are not in Afghanistan. We should long run, is more likely to support our wide-scale fraud in the recent presi- be concerned about al-Qaida poten- counterterrorism goals and provide the dential election. In the absence of a le- tially re-establishing a safe haven in stability that country needs. gitimate local partner, our counter- Afghanistan, but we should be even Progress on this front, however, may insurgency goals, while perhaps laud- more concerned about al-Qaida’s cur- well be compromised by our massive able, appear unrealistic. rent a safe haven in Pakistan. Paki- presence in Afghanistan. During a re- Rather than further aligning our- stan is home to a witches’ brew of mili- cent Senate Foreign Relations Com- selves with this badly flawed govern- tancy, radicalism, terrorism, nuclear mittee hearing, former British foreign ment, we should focus on targeting our weapons and weak civilian leadership, service officer, Rory Stewart testified aid to those actually working to pro- and getting this country right will be that ‘‘U.S. operations in Afghanistan mote good governance and the rule of even more challenging, and more im- may, in fact, contribute to the desta- law. This does not require a massive portant, than Afghanistan. bilization of Pakistan.’’ Special Envoy military presence. Indeed, attempting Our primary goal should be to help Holbrooke and Admiral Mullen have to accelerate this process with an in- support the emergence of a civilian also acknowledged to me in appear- crease in U.S. troop levels may well be government in Pakistan that is effec- ances before the Foreign Relations counterproductive. Countries are typi- tive, democratic and a reliable partner. Committee that there is a danger that cally built by their own people, over It has been widely reported that ele- our operations in Afghanistan will fur- time, through a process of building a ments of the Pakistani security serv- ther destabilize Pakistan by pushing national consensus. This cannot be im- ices continue to provide support to militants into that country. We must posed by foreigners, especially when militants. Our ability to pressure the carefully consider the alternatives be- they are active participants in an on- Pakistani security forces to hold those fore we pursue a significant escalation going war in a country that is highly elements accountable is undermined by in Afghanistan that is not likely to fix resistant to foreign occupation. And we our focus on military operations in Af- the governance problems in that coun- cannot afford to link this lengthy and ghanistan, specifically our dependence try or to address the al-Qaida presence unpredictable process to an open-ended upon our supply line running through in Pakistan, and that could further de- and unsustainable military escalation. Pakistan. Some have suggested that if stabilize the entire region. General McChrystal has argued that we redeploy troops from Afghanistan, Over the last 8 years, we have com- we should significantly increase our the Pakistanis will decide we are not mitted tremendous resources in an ef- military resources in Afghanistan for committed to the region, and we will fort to dramatically rework Afghan so- the purpose of ‘‘protecting’’ the Afghan lose what leverage we have over them. ciety. We have doubled our troop levels population. However, he acknowledges In fact, we should consider whether over the past year and, this year alone, that, if we endorse his proposal, it ‘‘is drawing down our troops in Afghani- we will spend over $50 billion in that realistic to expect that Afghan and co- stan would help enable us to deal with country. This has already become the alition casualties will increase.’’ This Pakistan from a position of strength. deadliest year for U.S. troops in Af- does not make sense. Occupying the The Director of National Intelligence ghanistan. Rather than doubling down population centers of southern Afghan- summarized the depth of the problem on a strategy with objectives that may istan is likely to provoke greater re- earlier this year during his testimony well be unachievable, we should focus sentment and increase the danger to before the Senate Select Committee on on relentlessly pursuing al-Qaida’s net- our troops and to the Afghan public. Intelligence. He stated that: work in Pakistan and around the The majority of Afghans oppose an in- No improvement in the security in Afghan- world, and set realistic goals for pro- crease in foreign troops and want to istan is possible without . . . Pakistan tak- viding civilian assistance to legitimate see foreign troops leave the country ing control of its border areas and improving actors within the Afghan and Paki- within 2 years. Without giving the governance, creating economic and edu- stani governments. My amendment American and Afghan people a sense cational opportunities throughout the coun- asks tough questions about any poten- that our military operations will not try. . . . [M]ounting economic hardships and tial military escalation to ensure that go on indefinitely, we are unlikely to frustration over poor governance have given rise to greater radicalization. . . . Islamabad we carefully consider the costs of the gain the support needed to accomplish needs to make painful reforms to improve proposed strategy, its likelihood of our goals, particularly if we know overall macroeconomic stability. . . . achieving our counterterrorism goals, going in that civilian casualties will The PRESIDING OFFICER. The Sen- the potential pitfalls and the alter- only increase in the short term. That is ator’s time has expired. natives. I hope my colleagues will ask why I have called for a flexible time- Mr. MCCAIN. Mr. President, I ask themselves these questions as they table to draw down our troop presence unanimous consent that the Senator be consider whether to support the under- in Afghanistan. given 3 additional minutes. lying bill, which funds a military ap- Rather than risking more American The PRESIDING OFFICER. Without proach in Afghanistan that is badly in lives and spending more American dol- objection, it is so ordered. need of rethinking. lars in support of an illegitimate part- Mr. FEINGOLD. The PRESIDING OFFICER. The Sen- ner in Afghanistan, we must find a way ator from Minnesota. to relentlessly pursue al-Qaida without Among the needed reforms are measures to improve the transparency of government ex- Mr. FRANKEN. I ask unanimous con- further destabilizing Afghanistan and penditures and impose taxes on wealthy sent to set aside the pending amend- its nuclear-armed neighbor. Our mas- landowners. Such reforms would reduce the ment and call up my amendment at the sive, open-ended military footprint is opportunities for corruption among Paki- desk, No. 2588. not only unnecessary and unlikely to stani political leaders, help to establish a The PRESIDING OFFICER. Is there accomplish this goal, it may well be more level political playing field, and help objection? counterproductive. build the confidence of average Pakistanis in Mr. COBURN. Reserving the right to Now, some will argue that anything their government. object, I have no objection to the Sen- short of a troop escalation means As Admiral Blair’s testimony illus- ator from Minnesota offering his ‘‘abandoning’’ Afghanistan. That same trates, militancy in the region stems amendment. I wanted to get two other argument was made about Iraq, and it from an incredibly complicated set of amendments pending. I ask that I be is just as phony now as it was then. problems, few of which are amenable to included in the request. The question is not about abandoning a military solution. Now that the The PRESIDING OFFICER. Is there Afghanistan, it is about correctly de- United States is focused on its rela- objection to modifying the request?

VerDate Nov 24 2008 02:26 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.023 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10025 Mr. FRANKEN. I object. The PRESIDING OFFICER (Mr. hive State. He has made sure no one in The PRESIDING OFFICER. Objec- FRANKEN). The question is on agreeing Washington, as he likes to put it, has tion is heard. to amendment No. 2593. been able to push Utah around. He has Mr. FRANKEN. I would like to get Mr. LEVIN. I ask for the yeas and also made a lot of sacrifices in the my amendment in. nays. process. A few years ago, when Senator Mr. COBURN. If the Senator objects The PRESIDING OFFICER. Is there a HATCH was deciding whether to run for for me, then I will object to him get- sufficient second? reelection, his wife Elaine asked him if ting his. There is. maybe it was time to leave Washington The PRESIDING OFFICER. Objec- The clerk will call the roll. so they could have a life. ORRIN re- tion is heard. The bill clerk called the roll. sponded with the words of a public Mr. DURBIN. I announce that the AMENDMENT NO. 2593 servant: ‘‘This is our life,’’ he said. Senator from Connecticut (Mr. DODD) ‘‘My life is a life of service.’’ Under the previous order, there will is necessarily absent. It actually started out early. As a now be 2 minutes of debate equally di- The PRESIDING OFFICER. Are there young man growing up in Pittsburg, vided prior to a vote in relation to any other Senators in the Chamber de- ORRIN was elected to the student Sen- amendment 2593 offered by the Senator siring to vote? ate and then as student body president from Michigan, Mr. LEVIN. The result was announced—yeas 60, at Baldwin High School. Later, at Mr. LEVIN. Mr. President, there are nays 39, as follows: Brigham Young University, thanks to two amendments that we will be voting [Rollcall Vote No. 304 Leg.] an alphabetical seating chart, he met on next to each other, side by side, re- YEAS—60 Elaine Hansen. It was probably the lating to the appearance of not only only thing he ever got in his life simply General McChrystal but, if my amend- Akaka Gillibrand Murray Baucus Hagan Nelson (NE) by way of good luck. ment is passed, the Secretary of De- Bayh Harkin Nelson (FL) ORRIN was always a hard worker. As fense, the Chairman of the Joint Chiefs Begich Inouye Pryor a boy, he sold eggs from his family’s of Staff, the Commander in CENTCOM Bennet Johnson Reed Bingaman Kaufman Reid chickens. He worked as a janitor in col- and General McChrystal, both. That Boxer Kerry Rockefeller lege. He left Brigham Young with a de- was the approach we used when Presi- Brown Kirk Sanders gree in history and went on to make Burris Klobuchar Schumer dent Bush, for 3 months, had under some history himself, becoming the consideration an Iraqi surge. Nobody Byrd Kohl Shaheen Cantwell Landrieu Specter longest serving Senator in the history tried to have a hearing at that time to Cardin Lautenberg Stabenow of Utah and one of the most influential bring in his commander while the Carper Leahy Tester and well-known Senators of our time. President was deliberating to give us Casey Levin Udall (CO) Conrad Lieberman Udall (NM) Politics came naturally and quickly. the commander’s views that he was Dorgan Lincoln Voinovich Before winning a Senate seat, he had sharing with his Commander in Chief. Durbin McCaskill Warner never held elected office. A tireless Feingold Menendez Webb As a matter of fact, that commander, campaigner, ORRIN set out across his General Casey, had views which ran Feinstein Merkley Whitehouse Franken Mikulski Wyden State to meet the people of Utah and very contrary to his Commander in to tell them how he could help them in NAYS—39 Chief. But we should follow that same Washington. His message and his work pattern here. We should allow this de- Alexander Crapo LeMieux ethic earned him their respect and it liberative process to take place. We Barrasso DeMint Lugar Bennett Ensign McCain earned him 54 percent of the vote. should not try to intrude upon it or to Bond Enzi McConnell From the moment he was sworn in, put the commander in the field in a po- Brownback Graham Murkowski ORRIN kept his early pledge. He has sition where he is testifying in public Bunning Grassley Risch Burr Gregg Roberts helped the people of Utah and all relative to what he is advising his Chambliss Hatch Sessions Americans keep more of their hard- Commander in Chief. Coburn Hutchison Shelby earned money by sponsoring tax relief The PRESIDING OFFICER. The Sen- Cochran Inhofe Snowe legislation. He has been a champion of Collins Isakson Thune ator from Arizona. Corker Johanns Vitter health care reform, particularly chil- Mr. MCCAIN. I hope everybody had a Cornyn Kyl Wicker dren’s health, through his work on the chance to read the wording of this NOT VOTING—1 Finance and Health, Education, Labor, amendment that says ‘‘appropriate Dodd and Pensions Committees. committees of Congress shall hold Senator HATCH is also known to mil- hearings,’’ et cetera, ‘‘promptly after The amendment (No. 2593) was agreed lions of Americans as a veteran mem- the decision by the President on those to. ber of the Judiciary Committee. He has matters is announced.’’ In other words, Mr. LEVIN. Mr. President, I move to been involved in the debate over we don’t have any input into the deci- reconsider the vote. eight—eight—sitting Supreme Court sionmaking process. We don’t get to Mr. NELSON of Nebraska. I move to Justices. hear from the Secretary of Defense on lay that motion on the table. He has been a major player in recent down while the decision is being made The motion to lay on the table was debates over national security, energy, by the President as a coequal branch of agreed to. labor, the second amendment, and the government. This is bizarre. I have The PRESIDING OFFICER. The Re- current debate over health care, and he never seen a requirement that we can’t publican leader is recognized. has done it all in the spirit of biparti- call witnesses and won’t call witnesses SENATOR ORRIN HATCH’S12,000TH VOTE sanship, earning the friendship and re- on an issue about sending young Amer- Mr. MCCONNELL. Mr. President, I spect of every Senator in this Chamber. icans into harm’s way. This is a re- rise to honor our colleague and good No one who has ever met ORRIN HATCH markable statement that we are not friend, the senior Senator from Utah, isn’t struck by his courtesy and the going to be in on the takeoff and so who is about to cast his 12,000th vote. dignity with which he carries out his therefore we will not be in on the land- Today, Senator HATCH becomes part of duties. For Republicans, he is a good ing. We aren’t going to have a hearing a small group. He is now one of fewer friend, a constant ally, and one of the on one of the most pressing and incred- than 15 Senators in history, and the best advocates we have. To Americans, ible emergencies of our time? We aren’t only Senator in the history of Utah, to he is the very picture of a Senator. going to have any witnesses before the have cast 12,000 votes in the well of the Incidentally, he is also one of the appropriate committees until after the Senate. most prolific songwriters ever to serve decision is made? I am not ready to ab- The people of Utah have elected in Congress. He wrote all 13 songs from rogate those responsibilities that I ORRIN HATCH to this body six times, one of his albums over the course of have to the citizens of Arizona who are and I am sure they couldn’t be more one weekend, and well-known musi- in harm’s way. I urgently ask col- proud to see him reach this milestone. cians such as Gladys Knight have sung leagues to vote against this bizarre For more than 32 years, he has been a his songs. But he will never be accused amendment. phenomenal representative of the Bee- of false modesty when it comes to his

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So today we also honor Elaine, I think we on this side would agree Earth today, with the most wonderful their 6 children, and their 23 grand- that ORRIN HATCH on occasion can be people I know on both sides of the children on this very historic occasion. fairly partisan, but I would also say floor. I appreciate each and every one These milestones are important be- that is not always the case. He has al- of you, and as long as I am here, I am cause they testify to hard work and most, nearly alone on a number of oc- going to try to do the very best job I commitment. But they also give us an casions, broken away and been respon- can. opportunity to recognize colleagues sible for important legislation in re- I am very grateful to BOB BENNETT as whom we admire and respect, col- cent years, including the Children’s well. He is a wonderful colleague and a leagues such as the senior Senator Health Insurance Program. Many edu- wonderful companion here in the Sen- from Utah. cational issues, including Leave No ate. He has been a wonderful guide, and (Applause, Senators rising.) Child Behind, have been as a result of he has helped me as well. The PRESIDING OFFICER. The ma- his stepping out. This body means a great deal to me. jority leader is recognized. ORRIN and I are not political We all saw what it meant to Ted Ken- Mr. REID. Mr. President, I have soulmates, but we are soulmates. He is nedy and the great accolades he re- looked forward for the last half-hour or a wonderful man and a good friend. As ceived throughout his lifetime. It was a so to this occasion, recognizing that we have heard, he is the father of 6, the real privilege to be close to him, as I ORRIN was going to be making his grandfather of 23, and a great-grand- am to almost all of you and will be to 12,000th vote the next vote. father. He is one of the most senior all of you. This is a tremendous body. The people of Utah are proud of Sen- Members of this body and one of the I just wish we could get rid of some of ator HATCH for a lot of reasons. His most respected. the partisanship as well as work to- name is synonymous with Utah. Even I think truly the reason that ORRIN is gether a little bit better than we have. though he spent a lot of his growing up the person he is is because of Elaine. To the extent that I can, I will cer- in Pennsylvania, the name ‘‘Hatch’’ is He has an angelic wife, a woman who is tainly try to do that. a prominent name throughout Utah. at his side, supportive of him through I wish to thank my friends on the They even have a town named Hatch. good times and bad. She is a wonderful Democratic side for their patience and His great-grandfather, Jeremiah Hatch, woman. their tolerance and kindness and my helped found the town of Vernal. I am happy to have as one of my friends on the Republican side for put- ORRIN, I have to say this: My staff pre- neighbors from the State above ours, ting up with me all these years. I am paring this said the beautiful town of Utah, ORRIN HATCH, who will truly go very grateful to you. Vernal. I had to change it to say the in- down as one of Utah’s outstanding, By the way, I have three great-grand- teresting town of Vernal. But it is an great Senators, and that is the way it children as well, so I have 26 grand- indication of the roots of the Hatch should be. children, and I think probably more on family in Utah. That town of Vernal, The PRESIDING OFFICER. The jun- the way by now. UT, was founded more than 130 years ior Senator from Utah. When I was a missionary in Ohio, In- ago by Jeremiah, and the heart of Mr. BENNETT. Mr. President, I will diana, and Michigan, they once called every Hatch since then was been part not prolong this a great deal, but I me to start the congregation in San- of the State of Utah. need to stand as ORRIN’s junior col- dusky, OH. Senator HATCH has chaired the Judi- league and acknowledge not only all We had four members there who ciary Committee on more than one oc- the things the two leaders have ac- hadn’t been to church in less than 10 casion. He spent 7 years at the helm of knowledged, but the great friendship I years. Within a month we had 30, all that panel during some of the most dif- have experienced coming here as a Sen- women, of course, and children. I be- ficult times we have had in the Senate ator. came the first branch president, pastor dealing with judicial appointments. He ORRIN, we shall now reveal, was of that congregation. We have the long- served as chairman of the HELP Com- somewhat enamored of my opponent est serving woman’s organization in mittee. In that post, he sat alongside when I ran the first time. He, at the the world in the Mormon church, and it his friend, Ted Kennedy, for almost two same time, in great fairness, reached is called the Relief Society, which is decades. Senator HATCH has a lot to be out to me to become acquainted with presided over by women. I don’t want proud of in his legislative record. One me, and after we had a particular prob- you to misconstrue this, but I was also of the things that is a hallmark of Sen- lem arise in that campaign, ORRIN a part of and the president of the Relief ator HATCH: He is the reason we have a reached out to my opponent and set- Society as well in that small branch of Surgeon General’s warning on ciga- tled that problem with the kind of di- the church. rette packages and advertisements. plomacy and capacity he always has. From those humble beginnings, I That is because of Senator HATCH. From that time forward, I could not have to say I received some of the He has not only been a good Senator, have had and could not have wished for greatest experiences of my life. That he is also a terrific lawyer. He excelled a more reliable or more supportive sen- mission was important to me. This is in his younger days as a basketball ior colleague than ORRIN HATCH. important to me. I love each and every player, has fought in the ring, and as I am senior to him when it comes to one of you. I think I have expressed we have heard from the Republican age. You wouldn’t think that, but it that to you in various ways, even at leader, he is an accomplished musician, happens to be true. But never at any times when I am sure you wondered and he really is. He recently wrote a time has he treated me as anything but about it. I am sorry I took so long, but song in honor of Senator Kennedy. It is a complete equal. He has acted as a I am moved by this nice care that you not the first song he has written about mentor. have all shown to me. Thank you so his friend. I am grateful to the two leaders for much. ORRIN HATCH has dedicated his life to their setting aside this time. I wish to (Applause, Senators rising.) people, period. As a young man, he join with them in congratulating ORRIN AMENDMENT NO. 2575 took 2 years out of his life to serve as on his 12,000th vote. The PRESIDING OFFICER. Under a Mormon missionary in the States of The PRESIDING OFFICER. The sen- the previous order, there will be 2 min- Indiana, Ohio, and Michigan. That is, ior Senator from Utah. utes of debate, equally divided, prior to as some say, similar to going into the Mr. HATCH. Well, thank you so a vote in relation to amendment No. Army and not having a gun to carry. It much to the two leaders. This is em- 2575, offered by the Senator from Ari- is a very strict 2 years. They have very barrassing, but it is very moving to zona, Mr. MCCAIN.

VerDate Nov 24 2008 00:35 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.052 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10027 Mr. MCCAIN. Mr. President, this [Rollcall Vote No. 305 Leg.] AMENDMENT NO. 2588 amendment says within 45 days that we YEAS—40 (Purpose: To prohibit the use of funds for should have testimony from our mili- any Federal contract with Halliburton Alexander DeMint McCain Company, KBR, Inc., any of their subsidi- tary leaders, whom we have given the Barrasso Ensign McConnell aries or affiliates, or any other contracting responsibility for combat operations in Bennett Enzi Murkowski party if such contractor or a subcontractor Afghanistan. Bond Graham Risch Brownback Grassley Roberts at any tier under such contract requires We have just abrogated the Senate’s Bunning Gregg Sessions that employees or independent contractors obligations and constitutional author- Burr Hatch Shelby sign mandatory arbitration clauses regard- ity for advice and consent, because Chambliss Hutchison Snowe ing certain claims) Coburn Inhofe Thune now, thanks to the passage of the Cochran Isakson On page 245, between lines 8 and 9, insert Vitter Levin amendment, we will not have Collins Johanns the following: Voinovich Corker Kyl SEC. 8104. (a) None of the funds appro- testimony from those commanders in Wicker the field. I take special exception to it, Cornyn LeMieux priated or otherwise made available by this Crapo Lugar Act may be used for any existing or new Fed- and so should most people who have eral contract if the contractor or a subcon- their young citizens over there in NAYS—59 tractor at any tier requires that an employee harm’s way today fighting and dying. Akaka Gillibrand Murray or independent contractor, as a condition of What we are going to do is say we Baucus Hagan Nelson (NE) employment, sign a contract that mandates Begich Harkin Nelson (FL) that the employee or independent contractor cannot have any hearing as regards to Bennet Inouye Pryor performing work under the contract or sub- strategy concerning how we are going Bingaman Johnson Reed contract resolve through arbitration any to succeed in Afghanistan. So we are Boxer Kaufman Reid Brown Kerry claim under title VII of the Civil Rights Act not in on the takeoff, and a lot of us Rockefeller Burris Kirk Sanders of 1964 or any tort related to or arising out Byrd Klobuchar may have trouble being in on the land- Schumer of sexual assault or harassment, including Cantwell Kohl ing. This is an issue regarding which Shaheen assault and battery, intentional infliction of Cardin Landrieu Specter emotional distress, false imprisonment, or the Senate should have a role—at least Carper Lautenberg of being informed. Casey Leahy Stabenow negligent hiring, supervision, or retention. Tester (b) The prohibition in subsection (a) does I guess maybe we will be restricted to Conrad Levin Dodd Lieberman Udall (CO) not apply with respect to employment con- interviews with General McChrystal on Dorgan Lincoln Udall (NM) tracts that may not be enforced in a court of ‘‘60 Minutes.’’ I urge my colleagues to Durbin McCaskill Warner the United States. Feingold Menendez Webb vote in favor of the amendment. AMENDMENT NO. 2596 Feinstein Merkley Whitehouse Mr. LEVIN. Mr. President, I very Franken Mikulski Wyden (Purpose: To limit the early retirement of much oppose the amendment. Sec- tactical aircraft) retary Gates opposes it. It would be to- NOT VOTING—1 At the appropriate place, insert the fol- tally inappropriate, in the middle of a Bayh lowing: SEC. ll. (a) LIMITATION ON EARLY RETIRE- deliberative process, to pit a com- The amendment (No. 2575) was re- mander of our troops in the field MENT OF TACTICAL AIRCRAFT.—The Secretary jected. of the Air Force may not retire any tactical against the Commander in Chief. We aircraft as announced in the Combat Air did not do this when President Bush Ms. LANDRIEU. I move to reconsider the vote, and I move to lay that mo- Forces structuring plan announced on May was President and General Casey was 18, 2009, until the Secretary submits to the the commander. Apparently, he had tion on the table. congressional defense committees the report very different views about the surge. The motion to lay on the table was described in subsection (b). Three months went by while President agreed to. (b) REPORT.—The report described in this subsection is a report that sets forth the fol- Bush deliberated on whether to surge The PRESIDING OFFICER. The jun- troops. We never put General Casey at lowing: ior Senator from Minnesota is recog- (1) A detailed plan for how the Secretary of a hearing to tell us what he was advis- nized. the Air Force will fill the force structure and ing President Bush, asking why we AMENDMENTS NOS. 2588, 2596, 2585, AND 2566, EN capability gaps resulting from the retire- heard he might be advising a very dif- BLOC ment of tactical aircraft under the struc- ferent course of action. We never did turing plan described in subsection (a). that to President Bush. We should ex- Mr. FRANKEN. Madam President, I (2) A description of the follow-on missions tend the same courtesy to President ask unanimous consent that the pend- for each base affected by the structuring Obama during this deliberative process. ing amendment be set aside, and on be- plan. half of myself and Senators BOND and (3) An explanation of the criteria used for There are good reasons why Sec- COBURN, I call up the following amend- selecting the bases referred to in paragraph retary Gates opposes bringing his com- ments en bloc, and ask that once they (2) and for the selection of tactical aircraft mander in front of a public hearing at for retirement under the structuring plan. have been reported by number, they be this time. We should show the same re- (4) A plan for the reassignment of the reg- set aside. spect for the President of the United ular and reserve Air Force personnel affected States now as we did when President The PRESIDING OFFICER. Without by the retirement of tactical aircraft under Bush was President. objection, it is so ordered. the structuring plan. (5) An estimate of the cost avoidance to be The PRESIDING OFFICER. The Mr. FRANKEN. I call up amendments achieved by the retirement of such tactical question is on agreeing to the amend- Nos. 2588, 2596, 2585, and 2566. aircraft, and a description how such funds ment. The PRESIDING OFFICER. The would be invested under the period covered by the most current future-years defense Mr. MCCAIN. Mr. President, I ask for clerk will report. program. the yeas and nays. The legislative clerk read as follows: AMENDMENT NO. 2585 The PRESIDING OFFICER. Is there a The Senator from Minnesota [Mr. (Purpose: To restore certain funds for the sufficient second? FRANKEN] proposes an amendment numbered Armed Forces to prepare for and conduct There is a sufficient second. 2588. combat operations by accounting for the The clerk will call the roll. The Senator from Minnesota [Mr. August 2009 Congressional Budget Office FRANKEN], for Mr. BOND, for himself and Mr. economic assumptions and by reducing The legislative clerk called the roll. LEAHY, proposes an amendment numbered funding for congressionally directed spend- Mr. DURBIN. I announce that the 2596. ing items for low-priority research and de- Senator from Indiana (Mr. BAYH), is The Senator from Minnesota [Mr. velopment projects) necessarily absent. FRANKEN], for Mr. COBURN, proposes an On page 239, beginning on line 22, strike The PRESIDING OFFICER (Ms. amendment numbered 2585. ‘‘$294,000,000’’ and all that follows through ‘‘$236,000,000’’ and insert ‘‘$194,000,000, the KLOBUCHAR). Are there any other Sen- The Senator from Minnesota [Mr. total amount appropriated in title III of this ators in the Chamber desiring to vote? FRANKEN], for Mr. COBURN, proposes an amendment numbered 2566. Act is hereby reduced by $322,000,000, the The result was announced—yeas 40, total amount appropriated in title IV of this nays 59, as follows: The amendments are as follows: Act is hereby reduced by $336,000,000’’.

VerDate Nov 24 2008 02:14 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.055 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10028 CONGRESSIONAL RECORD — SENATE October 1, 2009 AMENDMENT NO. 2566 Congressman from Texas, to arrange ernment contractors who continually (Purpose: To restore $166,000,000 for the for her safe return to the United subject workers to these so-called man- Armed Forces to prepare for and conduct States. datory arbitration clauses. The govern- combat operations, by eliminating low-pri- But Ms. Jones’ horrific plight did not ment shouldn’t be doing business with ority congressionally directed spending end there. Having survived this ordeal, defense contractors such as KBR as items for all operation and maintenance most of us would expect that she would accounts) long as they continue this practice. have had her day in court to seek jus- The amendment I am offering today At the appropriate place, insert the fol- tice for the actions and inactions of her seeks to narrowly target the most lowing: employer. Instead, KBR sought to en- SEC. ll. No amounts appropriated or oth- egregious violations. The amendment erwise made available by this Act may be ob- force the arbitration clause in Ms. applies to defense contracts, many of ligated or expended to fund any congression- Jones’ contract and tried to force her which are administered abroad, where ally directed spending item included in the into arbitration. So over the past 3 women are the most vulnerable and report of the Committee on Appropriations years, Ms. Jones has been fighting for least likely to have support resources. of the Senate (Senate Report 111–74) with re- her right to bring a lawsuit, and KBR The amendment will apply to many spect to any account as follows: has been fighting her every step along contractors that have already dem- (1) Operation and Maintenance, Army. the way. This is simply too long for a onstrated their incompetence in effi- (2) Operation and Maintenance, Navy. rape victim to wait, just to have her (3) Operation and Maintenance, Marine ciently carrying out defense contracts day in court. and have further demonstrated their Corps. The only thing more outrageous than (4) Operation and Maintenance, Air Force. unwillingness and their inability to (5) Operation and Maintenance, Defense- KBR’s actions is that Ms. Jones’ story protect women from sexual assault. Wide. is not an isolated one. Since Ms. Jones I urge my colleagues to support this (6) Operation and Maintenance, Army Re- courageously shared her story, many amendment. serve. more women have come out of the Madam President, I yield the floor. (7) Operation and Maintenance, Navy Re- shadows saying the same thing hap- The PRESIDING OFFICER. The Sen- serve. pened to them. And, yes, some of these ator from Oklahoma. (8) Operation and Maintenance, Marine women are still waiting for their day in Corps Reserve. Mr. INHOFE. Madam President, it is court too. Others were forced into arbi- my understanding the Senator from (9) Operation and Maintenance, Air Force tration, and their outcome remains se- Reserve. Louisiana is going to be the next (10) Operation and Maintenance, Army Na- cret due to the nondisclosure clauses in speaker, but I ask unanimous consent tional Guard the arbitration agreement. at the conclusion of her remarks that (11) Operation and Maintenance, Air Na- Arbitration has its place in our jus- the Senator from Georgia be recog- tional Guard. tice system. For two companies hag- nized, and that I be recognized after The PRESIDING OFFICER. The Sen- gling over the price of goods, arbitra- him. ator from Minnesota. tion is an efficient forum, and the arbi- The PRESIDING OFFICER. Is there trator will undoubtedly have the ap- AMENDMENT NO. 2588 objection? propriate expertise. The privacy that Mr. FRANKEN. Madam President, Without objection, it is so ordered. arbitration offers can protect their pro- the amendment I offer today is inspired The Senator from Louisiana. prietary business information. But ar- by the courageous story of a young Ms. LANDRIEU. Madam President, I bitration has its limits. Arbitration is woman who has dedicated 4 years of understand there are several colleagues conducted behind closed doors and her life to making sure no other wishing to speak on the underlying doesn’t bring persistent, recurring, and woman lives through her nightmare. bill. I am going to speak for a minute egregious problems to the attention of Four years ago at the age of 19, Ms. on an event that happened last night to the public. Arbitration doesn’t ever Jamie Leigh Jones signed a contract to honor many of our constituents who allow a jury of your peers. Arbitration become an employee of KBR, then a were here in Washington for a special doesn’t establish important precedent Halliburton subsidiary. That contract event. But before I do, and before the that can be used in later cases. Senator from Minnesota leaves the contained a clause which required her Many of our Nation’s most cherished floor, I want to thank him for bringing to arbitrate any future dispute against civil rights were established by individ- the amendment he just brought to the her employer—this means to force her uals bringing claims in court, the court bill and to ask that my name be added to give up her right to seek redress in ruling in their favor, and then extend- as a cosponsor. court if she was wronged. At the time, ing the protection of those rights to The PRESIDING OFFICER. Without Ms. Jones had no idea what implica- anyone in a similar situation. Arbitra- objection, it is so ordered. tions this seemingly innocuous fine- tion does have a place in our system, Ms. LANDRIEU. Madam President, I print clause would have. but handling claims of sexual assault sincerely appreciate the work that has Ms. Jones arrived in Iraq in July of and egregious violations of civil rights gone into that amendment and hope it 2005. Immediately, she complained to is not its place. supervisors about the hostile condi- Ms. Jones won a small but important will see a significant vote on the Sen- tions imposed by KBR. She was con- victory just a few weeks ago. The con- ate floor and that it will help not only stantly being harassed by her male col- servative Fifth Circuit Court, encom- the individual he spoke of but perhaps leagues and was housed in barracks passing Texas, Louisiana, and Mis- hundreds, if not thousands, of other with 400 men and only a few women. sissippi, ruled that most of Ms. Jones’ people who might find themselves in Her pleas for safer housing were ig- claims do not belong in arbitration, similar situations. nored. and she is entitled to her day in court. CONGRESSIONAL COALITION ON ADOPTION Four days after her arrival, Ms. The Fifth Circuit ruled that even when Madam President, I see my good Jones was drugged and gang-raped. She you sign an employment contract re- friend, Senator INHOFE, on the Senate requested medical attention, and a doc- quiring arbitration, there are some floor today. He and I have the privilege tor administered a rape kit. Parts of rights to sue your employer that can’t and honor of cochairing the adoption that rape kit have since mysteriously be signed away. These include assault caucus, and I wanted to speak briefly disappeared. and battery, infliction of emotional and to thank the 43 Senators who par- After Ms. Jones reported the rape to distress, false imprisonment, and neg- ticipated in this annual event by hon- her supervisors, she was locked in a ligent hiring, retention, and super- oring individuals in their States—and, shipping container with an armed vision. But the Fifth Circuit’s ruling Madam President, you participated as guard and prohibited any contact with only applies to the Fifth Circuit’s ju- well—for something special they had the outside world. They locked her in a risdiction, so it is not settled law done on behalf of adoption or foster container. It was only after she con- throughout the United States. Who can care in the United States or abroad. vinced one of the guards to lend her a say what might happen to claims filed This event is in its eleventh year. cell phone that she was able to talk to in other circuits? Collectively, the Members of Con- her father, who enlisted the help of My amendment seeks to extend much gress—Democrats and Republicans— Representative TED POE, a Republican of the Fifth Circuit’s reasoning to gov- have honored over 1,500 Americans—

VerDate Nov 24 2008 01:08 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.025 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10029 some judges, some social workers, par- Agency; Mimi Katz; John and Kathy Prosser; NORTH DAKOTA ents, advocates, lawyers in the sys- Patrick and Judy Dahlson; Kathy Van Osten. Robert and Vicki Thu; Leanne Johnson. tem—who are helping to find perma- CONNECTICUT OHIO nent homes for orphans in America and Haley Dunning. Peter and Angela Schoepflin; Larry and around the world. We have approxi- FLORIDA Vicki Palur; Carole Adlard. mately 500,000 children in foster care. Ione and Don Hemby; Michael and Patricia OKLAHOMA That is a large number, but actually a Iania; Sarah and Johnnie James; George and Duane and Cathy Shipman. small percentage if you think about all Barbara Kadzis; Dean and Debbie Heaton; Frances P. Allegra; Sarah Franco; Jodi Sue OREGON the children in our country—about 100 Zak and Alexa Knight; Rose McBride. million. This represents less than one- Rutstein, MSW, Esq.; Gia Tutalo-Mote; Shir- ley Dunlap; Children’s Home Society of Flor- PENNSYLVANIA half of 1 percent. But these children are ida; Karen and John Burns. in the custody of the government. Gov- Thomas and Theresa Stacy; Charles and GEORGIA Shannon Eder; Mary Ann Petrillo; Tom and ernments don’t, by their nature, love Rachel Ewald; Mr. Everett Expose’. Patti Long. children, human beings do, and parents IDAHO RHODE ISLAND particularly. So our job as Senators and Congressmen is to try to break Al Barrus. Adoption Rhode Island. down barriers, legal and otherwise, so ILLINOIS SOUTH CAROLINA we can find these orphans permanent David and Christine McCarty; Lloyd and Bob Porterfield. homes. Gloria Otterson; Jim and Andrea Thome and SOUTH DAKOTA Paul and Jennifer Konerko; CASA Kane Bob and Donna Burke; Dan and Becky Fos- In the last 20 seconds that I have, I County. want to submit for the RECORD the ter. INDIANA names of the 43 Senators and their an- TENNESSEE Ben and Debbie Evans; Theresa and Mi- gels from a variety of States in the chael Teders; Stacy Lynn Taylor; The Vil- Mark, Janet, and Nathan Carlton; Josh and Union. I want to acknowledge the three lages. Katrina Hildabrand; Smoky Mountain Chil- dren’s Home; Michael McDonald. national angels: Judge Michael Nash of IOWA TEXAS California, nominated by the Senators Gary and Sandy Launderville; Ray and Jo- from that State and from all of us who anne Walton; Holli and Eric Kounce; Jenny L. Womack; A World For Children; Dell and Gladys started National Adoption Day, where KANSAS LeFever. judges such as Judge Nash took the lib- Brandon and Melissa Hoffman; Dr. VERMONT erty to hold adoptions on Saturdays so Kimberlee Murphy. Lund Family Center. we could move a backlog of children. KENTUCKY Because of his action, 350 communities Lea Ann Gollihue; Terry Winterberg. VIRGINIA now hold adoptions on Saturday. Linda and Vic Sisson; Loren M. Walck, Sr.; LOUISIANA Al Roker, who greets most Ameri- Captain Sean Welch. Lisa Gould; Edith H. Morris; Barbara cans in the morning, an adoptive fa- Thompson; Irene Williams; Ada Burson. WASHINGTON ther, is now using his position of power MAINE Randy S. Perin; Antioch Adoptions. to advocate on behalf of orphans. Jaimie and Belinda Erskine. WEST VIRGINIA And Sean and Leanne Toohey, who David and Dawn Heatwole. adopted a young man at 16 years old, MARYLAND WISCONSIN are a couple who had raised two bio- Samuel and Mildred Stewart; Lori Weinstein. Marshall and Marjorie Barlow; Aaron and logical children, then adopted a young Laura Maki. man who was going nowhere, on a MASSACHUSETTS WASHINGTON, DC dead-end street. Because of their love Etta Lappen Davis; Mary Gambon. and because of their mutual support, MICHIGAN Michele Zavos. Ms. LANDRIEU. Madam President, I he now is the No. 1 draft choice and is Kimberly Roberson and Carroll Baker; thank my colleagues for the oppor- going to play for the Baltimore Robert and Caroline Deppe; Steve and Sarah Rosinski; Belinda Geertsma; Addie D. Wil- tunity to speak briefly and to take the Ravens—a young man with a great deal liams; Christ Child House. time from this important bill. of potential who just simply didn’t MINNESOTA I thank the Chair, and I yield the have any parents who believed in him. Dean and Teresa Julkowski; Heidi Reitz; floor. Now he does. Kari Fletcher. The PRESIDING OFFICER. The Sen- That is the work we do. We honor all MISSISSIPPI ator from Georgia is recognized. of our angels who were here for many Mr. CHAMBLISS. Madam President, days, understanding they are not alone Patricia Digby. I would first like to commend the Sen- in this fight to find homes for orphans. MISSOURI ator from Louisiana for her great work Madam President, I ask unanimous John and Christie Hancock; Anthony and Jennifer Dattoli; Keith and Tami Hoskins; on this issue of adoption. She has been consent to have printed in the RECORD Mike and Holly Hyde; Mary Beck; Fran very diligent over the years in pro- the 2009 Congressional Coalition on Albrecht. moting the issue of adoption of needy Adoption Institute Angels in Adoption. NEBRASKA children across America, and I am very There being no objection, the mate- Sara and Junior Heredia; Steven and Shel- pleased to be a part of that caucus and rial was ordered to be printed in the ley Brune; Boys Town. commend her and thank her for her RECORD, as follows: NEVADA great work there. 2009 CONGRESSIONAL COALITION ON ADOPTION Roberta and Merrill Simon; Deanna Work- Madam President, what is the status INSTITUTE ANGELS IN ADOPTION man and Denise Gernant. of the business before the Senate? ALABAMA NEW JERSEY The PRESIDING OFFICER. The last Linnie and Debbie Dickson; AGAPE of Ted and Marsha Burke; Alice Nadelman; offered amendment is the Coburn North Alabama, Inc. Victoria Howard; Brenda Mirly. amendment, No. 2566. ALASKA NEW MEXICO AMENDMENT NO. 2608 Elaine Cordova; Mechele and Ricky Ginni Jones. Mr. CHAMBLISS. Madam President, Adams. NEW YORK I ask unanimous consent that the ARIZONA David and Eileen Shifter; Caren Sue Peet; pending amendment be set aside and James and Virginia Avelar. Archbishop Voni Johyn; Frederick J. that I be allowed to call up amendment ARKANSAS Magovern; Claudette and Jean Adrien. No. 2608. Christie Erwin; Keith Morrison. NEW HAMPSHIRE The PRESIDING OFFICER. Is there CALIFORNIA Gail DeGoosh. objection? Dan and Brook Meehan; Wanda Bonnell; NORTH CAROLINA Without objection, it is so ordered. Christine Devine; Mark D. Widelock; Kim- Ross and Diane Moreton; Dawn Davenport; The clerk will report. berly Felder; Olive Crest; Knotts Family Walter Johnson; Ken Tutterow. The bill clerk read as follows:

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In order to do that, we CHAMBLISS], for Mr. KYL, proposes an amend- decision is, and whenever he makes it, have to resource the training that our ment numbered 2608. we know for a fact that the Afghan troops are doing today and we will need The amendment is as follows: military and the Afghan security po- to continue to do over the next fiscal (Purpose: To appropriate an additional lice have to continue to receive the year. $900,000,000 for the Afghanistan Security training our troops are providing for I ask this amendment be called up at Forces Fund) them today. the appropriate time for a vote by this At the appropriate place, insert the fol- Let me just quote a couple of other body and that our colleagues will sup- lowing: statements from other very high-pro- port the amendment. SEC. ll. The amount appropriated by file individuals who are very knowl- title IX under the heading ‘‘AFGHANISTAN SE- The PRESIDING OFFICER. The Sen- CURITY FORCES FUND’’ is hereby increased by edgeable and very thorough in their as- ator from Oklahoma is recognized. $900,000,000. sessment of the situation with respect Mr. INHOFE. Madam President, let Mr. CHAMBLISS. Madam President, to the Afghan military and the Afghan me first comment on the comments very quickly, this amendment restores security police. First of all, Admiral made by the Senator from Georgia, be- the amount of money for the training Mullen, during testimony before the cause I was privileged to be in Afghani- of the Afghan security police and mili- Senate Armed Services Committee on stan several years ago with the Okla- tary back to the level that was re- September 15, said the following in re- homa 45th, which actually took a great sponse to Chairman LEVIN: quested both by the President in his responsibility in the training over budget submitted to this body, as well I share your view that larger and more ca- there and also turning over some of the pable Afghan national security forces remain training to the Afghans. They have as restores the number that was ap- vital to that nation’s viability. We must rap- proved in the Defense authorization done a good job, but as the Senator idly build the Afghan army and police. pointed out, this takes resources and it bill that has previously been voted on Senator LEVIN, chairman of the Sen- by this body and is now in conference takes equipment and it takes money. I ate Armed Services Committee, at that applaud him and join him in this effort with the House. same hearing stated: The fiscal year 2010 Defense appro- to provide the resources necessary to We basically need a much larger Afghan priations bill takes $900 million from make that happen. army, much quicker. That is the bottom Let me make a couple of comments. the President’s request for Afghan se- line. That is the winning strategy. curity forces at a point in time when We will have some amendments coming Senator LIEBERMAN said in July that up concerning the C–17. I wish to share our troops are in the trenches fighting the commitment to the expansion of and defending us, defending the Afghan maybe an opposing view to some of the Afghan forces ‘‘is a decision that we things we have heard. I was deeply dis- people from both the Taliban and al- have avoided making for far too long. tressed, I guess it was in April, when Qaida, and there is no more critical Every day we continue to drag our feet we got the defense portion of the Presi- issue out there right now than training and fail to commit to the indigenous dent’s budget and the termination of both the Afghan military as well as the security forces hinders the fight such programs as the F–22, next gen- Afghan security police. against the extremists and delays the eration bombers, the Future Combat We have just received General pullout of U.S. troops in Afghanistan.’’ McChrystal’s assessment, and let me Lastly, the outgoing Supreme Allied System, and particularly doing away quote a portion of that assessment Commander for Europe—the with our commitment to Poland and where he states as follows: SACEUR—GEN John Craddock, said the Czech Republic to have an oppor- Failure to provide adequate resources also during his testimony this summer: tunity there to knock down a missile, risks a longer conflict, greater casualties, I don’t think the intent there is to ever oc- an ICBM coming to the United States higher overall cost, and ultimately a critical cupy and stay. The key, as has been pointed from Iran, when we know they should loss of political support. Any of these risks, out, is the enabling of development of the Af- be having that capability by around in turn, are likely to result in mission fail- ghan national security forces. As the 2015. ure. SACEUR for the last 21⁄2 years, I repeatedly Today I want to mention a couple of General McChrystal’s No. 1 issue is told NATO nations the very first thing we things about the C–17. The Air Force the training of the Afghan military and need are more trainers for the army and the budget justification documents state: police, particularly the police. the Afghan security police because of The C–17 can perform the entire spectrum the fact, if we are ever going to achieve Madam President, what this amend- of airlift missions and is specifically de- success over there, we have to know ment does is add $900 million basically signed to operate effectively and efficiently that once we root out the bad guys, back to the top line. The reason we can in both strategic and theater environments. once we take out the Taliban and al- do that is that under the appropria- I can remember when the first C–17 Qaida, that we can turn that country tions bill, as has been passed, and as came in. The training takes place actu- over to the Afghans, as we are doing in compared to the President’s budget and ally in my State of Oklahoma at Altus Iraq today, and we can remove our the budget passed here, this bill is Air Force Base, and in 1995, it was the troops with the confidence that the Af- about $3.5 billion under the budget. So spring of 1995, the first C–17 swept into ghan military and the Afghan security there is room to add this $900 million Altus Air Force Base. At that time the police will be able to maintain security back in to make sure we are giving the chief was General Fogleman, and I was within that country as well as to pro- Afghan people the ability to protect honored to accompany him and actu- tect the Afghan people from external themselves from external forces as well ally sit in the right seat and see what sources. But the only way we will be as the ability to protect themselves this new spectacular airplane was. able to do that is to train the military from dangers within their own country. We never dreamed at that time we as well as to train the security police. Last, let me say the President has would have the use of the C–17 to the The President’s budget that came been very critical of the reduction of extent we did in Bosnia and Kosovo, over for this particular issue requested this $900 million. In the statement of missions we did not dream at that time $7.5 billion. That is a lot of money—a administration policy, or the SAP that we would have to be confronted with. lot of money for any issue—but cer- was put out on the 25th of September, Every time you watch the news or tainly a lot of money for training. But here is what the President said: see a disaster or emergency of some it is obviously absolutely necessary if The administration opposes the reduction type anywhere in this Earth where our we are going to complete the job. of $900 million for ANSF sustainment. Accel- military is involved, you are going to We are at a very critical crossroads erating the growth in size and capability of the Afghanistan National Security Forces is see the C–17. The country and its mili- in Afghanistan right now. The Presi- a key component of the U.S. strategy in Af- tary must be able to engage globally, dent has under consideration the issue ghanistan. The President’s full request re- and the C–17 enables that engagement. of whether to call for additional troops flects his commanders’ plan for Afghan In my 22 years on the Hill, I have to be sent into Afghanistan. He is obvi- forces to assume a greater share of responsi- seen our airlift requirements increase, ously weighing that very heavily. bility for security as quickly as possible. not decrease. I have had experience. While he should, I would hope he is Simply stated, it is critically impor- Sometimes you talk about a system, a going to make a very quick decision on tant that this training proceed at a platform such as the C–17. Our dealing

VerDate Nov 24 2008 01:08 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.060 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10031 with that doesn’t happen in a vacuum. C–5A, had to be retired. However, this State of Oklahoma. I am sure the State Right now we have other lift vehicles. Congress, by bill language, is pre- of Alabama and other States have a We have the C–130s, better ones, the C– venting the Air Force from retiring crumbling infrastructure that needs to 130Js and the C–130Es, which are get- any of the C–5s. In terms of cost, the be addressed. ting old and outdated. I actually had GAO calculated ‘‘the DOE would need I was on the phone with Gary Ridley, two experiences on two of my trips to fully modernize 7 C–5s to obtain the who was our highway director for many coming into and out of Baghdad. One equivalent capability achieved from ac- years, and I always said he was the best experience was when we actually lost quiring 1 C–17 and the costs would be 3 highway director in the country. He is not one engine but two engines. We are times more.’’ now Oklahoma’s transportation sec- talking about some pretty old, beat-up It found the unit cost of modernizing retary. He gave me the impact of our E models that should not be flying one C–5 is $132 million, while the unit failure to act, just on my State of right now. cost of one new C–17 is $267 million. Oklahoma. He said we would normally The very next trip, I remember, was To put it another way, it would take receive $53.6 million of Federal money the first trip of our recently retired seven modernized C–5s to provide the but instead are likely only to receive Senator from Florida when we actually capability equivalent to one new C–17, $36 million. That is the 25-percent re- received some SAM activity. We had to or $924 million worth of work on mod- duction. They have a $28 million bond fire the flares. The reason we did, it ernizing the C–5 to provide the capa- obligation which leaves them only was 8 minutes after taking off from bility equivalent to procuring one addi- about $8 million for letting projects, Baghdad and the engines should have tional new C–17 at $276 million. I am instead of $26 million. This means that had us out of SAM’s range. However, hoping when this issue does come up they will likely only be able to let the E models are getting old and tired. we will have a chance to think that three or four projects in November, the So it is life threatening. I say that through. first letting of the year, and probably even though I am here to talk about C– I would say this: Even if we were in- none in December. That is my guess. 17s. clined to do that, to go along with the That was his guess. Here is the real-world impact of what We can absorb a lot of deficiencies we smaller number, it would seem to me we do here. This will be devastating for have in other areas by increasing our that we should not be doing that until construction workers in Oklahoma and number of C–17s. Currently it is the we have the Quadrennial Defense Re- will be repeated in every State. This only aircraft capable of performing view and the upcoming Mobility Capa- may come as a surprise to those in the every airlift mission, whether ferrying bility and Requirements Study. It is other body who have said that this will troops and supplies to remote airfields my understanding these would come have no effect on States. They are the overseas or returning wounded service- sometime early in 2010. I suggest we at least wait until we have the benefit of ones over there in the House who have members back home. made it impossible for us to send some- The Congressional Research Service that report before taking such drastic thing over there and get it complied has indicated that the C–17 was de- action. with. I have been trying to pass a long- signed to fly 1,000 hours a year over 30 Let me mention one other thing that happened last night, for clarification. term extension with rescission fix since years. However, as our overseas com- July. At that time opposition from mitments have grown since 2001, the At midnight last night the highway program of the American people suf- Congressmen and Senators from both fleet has averaged 1,250 hours per year sides of the aisle prevented taking care instead of 1,000 hours a year. Some air- fered a major loss because of a cal- culated decision that politics should of the problem. craft have even reached as high as 2,400 Our attempts to set a prudent length trump common sense. hours in a single year. for highway extension has been plagued I have often thought that congres- A November 2008 GAO study stated by some people’s unrealistic expecta- sional inaction is a good thing some- the C–17: tion that we can complete a 6-year times, but in this case we failed miser- —production line is currently scheduled to transformational highway bill and plug ably to do our job. As a result, we are close in September 2010 with the supplier a $150 billion shortfall in the next 3 unable to pass the 3-month extension base and portions of the line closing sooner. months if we ‘‘keep the pressure’’ on. of the highway program that Senator The study concludes that: We do not even have the 3 months now, BOXER and I were pushing. It is very in- Analysis indicates that once closed it as of midnight last night. We are look- would not be feasible or cost effective to re- teresting when you have a combination ing at 30 days, so it obviously cannot start the production due to the costs for hir- such as that. Senator BOXER is a very be done. We may have to repeat what ing and training a new workforce, re- proud liberal Democrat, I am a very we did a few years ago. Between the installing tooling, and reestablishing the proud conservative Republican, and we supply base. years of 2003 and 2005 we had a series of both agree one of the major functions short-term extensions where you can’t That is what the study concluded. of government is infrastructure, and do any funding, planning in advance. The GAO estimates that restarting the right now we have a crumbling infra- That is kind of where we are today. line could cost up to $1 billion. structure. So our failure to work to- I was proud to be the chairman of the This is something we are always con- gether to fix the rescission, which was Environment and Public Works Com- cerned with when you talk about alter- $8.7 billion of highway money, before mittee in 2005 when we had a very ro- ing the life of a particular platform, midnight yesterday has resulted in the bust transportation reauthorization but this is one I don’t see how we can following: Up to 17,000 jobs could be bill. get along without. I know we have the lost because States may be forced to Taking up an extension is always C–5. I remember the old C–141—a lot of cancel $500 million worth of projects. problematic. Unfortunately, some view lift capacity—a lot of tired C–130s, but We are now stuck with a 30-day exten- this as an opportunity to make a point. the prize of all these capabilities is the sion that cuts highway spending by 25 There are those on my side of the aisle C–17. While the administration objects percent compared to 2009. The 3-month who will not hesitate to hold the entire to funding 10 additional C–17s based on extension would have funded the 2010 highway program hostage in order to 205 C–17s and the existing fleet of C–5 equal to 2009. enumerate yet again their distaste for aircraft, the Air Force has cut the The short length of this extension is congressionally directed spending on number of C–5s it plans to fully mod- now going to create uncertainty and highway projects. At the same time, ernize by more than half because of erratic funding for States that are the majority leadership has known for substantial cost increases in the mod- going to delay projects and gear down months this was coming but was un- ernization efforts. In testimony to the the letting of contracts. able to force the issue and take the House Armed Services Committee in I have to say this, too. There will be time to have votes on this important May of 2009, the Air Force said it will contracts, due to this 25-percent reduc- issue. This could have been resolved fully modernize only 52 of the 40-year- tion, that are going to have to be de- weeks ago if they had been invested in old C–5s. faulted. There are going to be lawsuits. it. While we are upgrading some of these There will be all kinds of problems that Fixing the rescission would increase aircraft, some of these, specifically the will result from this. It is not just my the deficit by just under $500 million.

VerDate Nov 24 2008 01:08 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.062 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10032 CONGRESSIONAL RECORD — SENATE October 1, 2009 This is very significant. The other body I opposed it initially. We are talking The PRESIDING OFFICER. The wanted an offset for this, and they about TARP. I voted against it. A lot clerk will report. were right. So did I. I wanted an offset. of those people who are complaining The bill clerk read as follows: I think the most reasonable offset is about the amount of money being The Senator from Alabama [Mr. SHELBY] the unused stimulus funds. I have stat- spent voted for a $700 billion bailout, as proposes an amendment numbered 2594. ed all along that there was not enough it has been referred to. But I did not. I there in the stimulus bill to actually opposed it. Some people supported it, Mr. SHELBY. Madam President, I stimulate the economy. In fact, I had thinking the government buying so- ask unanimous consent that the read- amendments during the debate on the called toxic assets was necessary. But ing of the amendment be dispensed stimulus bill that would almost triple then, when this money was given to un- with. the amount of money that would go accountable bureaucrats, it was used The PRESIDING OFFICER. Without into highway construction. Those are for buying insurance companies, car objection, it is so ordered. real jobs. That would be very meaning- companies, and bailing out banks. The amendment is as follows: ful. But according to CBO’s most re- But some of my conservative col- AMENDMENT NO. 2594 cent analysis that was done a month leagues opposed this approach because (Purpose: To require reports on certain ele- ago, only $85 billion of stimulus funds they want to use TARP money for debt ments of the ballistic missile defense sys- has actually been spent. Furthermore, reduction. I agree with that. As I tem) less than 60 percent of the stimulus pointed out, the compromise Senator At the appropriate place, insert the fol- funds has even been obligated, leaving BOXER and I were pushing would have lowing: $150 billion in unobligated balances. resulted in a net reduction of the def- SEC. ll. (a) REPORT ON GROUND-BASED IN- Money being unobligated means they icit of about $4 billion. TERCEPTOR MISSILES.—Not later than 60 days do not have a plan for how they are Even as I say this, I honestly don’t after the date of the enactment of this Act, going to spend it and are now nowhere understand their opposition. Those who the Director of the Missile Defense Agency near doing so. talk about using TARP funds were shall submit to the congressional defense This is clearly not stimulating the willing to stimulate the funds, but the committees a report on the utilization of economy. It makes sense to move a Democrats refused to do that. So we funds to maintain the production line of fraction of this money to something came up with another idea: Let’s go Ground-Based Interceptor (GBI) missiles. that will actually save jobs—in this ahead and use stimulus funds. If we The report shall include a plan for the utili- case, 17,000 jobs we can identify. It is zation of funds for Ground-Based Interceptor used stimulus funds, I tought that missiles made available by this Act for the something that would stimulate the would have overcome the objections Midcourse Defense Segment, including— economy and give us something at the that were on the floor last night, and I (1) the number of Ground-based Interceptor end of the day for our money. It is a thought that was a good idea. Unfortu- missiles proposed to be produced during fis- perfect source to pay for fixing the re- nately, the Democrats did not want to cal year 2010; and scission. do that. (2) any plans for maintaining production of In fact, Senator VITTER’s approach So I think we have tried. I think it such missiles and the subsystems and compo- from last July was to actually give kind of demonstrates that it is a seri- nents of such missiles. President Obama’s OMB, the Office of ous problem. We had a fix, and the Re- (b) REPORT ON GROUND-BASED MIDCOURSE Management and Budget, the discre- publicans and the Democrats were DEFENSE SYSTEM.—Not later than 120 days after the date of the enactment of this Act, tion to pick which stimulus funds equally responsible for not getting it. would be cut. So he did not care which the Director of the Missile Defense Agency Now we are going to pay the price. I shall submit to the congressional defense ones were cut; just we need to put don’t know that the problem is worse committees a report setting forth the acqui- these stimulus funds to work to create in Oklahoma. It is probably not. It is sition strategy for the Ground-Based Mid- jobs. So they couldn’t cut the things about the same throughout the Nation. course Defense (GMD) system during fiscal that were not working or were just But speaking now as a conservative, years 2011 through 2016. The report shall in- congressional pet programs. This is one who is always ranked in the top clude a description of the plans of the Missile simply cutting the worst 1 percent of two or three conservatives, I have al- Defense Agency for each of the following: the stimulus—something everybody ways felt conservatives can be big (1) To maintain the capability for produc- tion of Ground-Based Interceptor missiles. should be able to agree to whether or spenders in some areas. One is defend- not you voted for the stimulus, which I (2) To address modernization and obsoles- ing America, as I talked about a few cence of the Ground-Based Midcourse De- did not. But the other side blocked this minutes ago, and the other is in our in- fense system. approach in a show of partisanship. So frastructure. That is a function our (3) To conduct a robust test program for Senator BOXER and I brokered a bipar- government is supposed to perform. the Ground-Based Midcourse Defense system tisan agreement to use TARP funds, So I think we failed last night. Hope- Mr. SHELBY. Iran and North Korea the Troubled Asset Relief Program. To fully, we will find some way to over- continue to pose a threat to our Nation me, this made sense because this would come this problem and get back on and our allies because of their intense have offset the amount of money that track. efforts at ballistic and nuclear develop- would be lost in the rescission fix, as a I thank Senator BOXER and Secretary ment. My amendment before the Sen- way of doing it, and it would have ac- LaHood. They both tried very hard. We ate now supplements the committee’s tually taken care of the problem. talked and worked for many hours. Some people thought this would have additional $50 million for ground-based There are countless others on both midcourse defense. somehow affected the deficit, but it sides of the aisle who worked together The amendment before the Senate is would not. It meant we would reduce and tried to fix this problem. We didn’t simple. It requires the Missile Defense TARP authority by $8.7 billion, which do it. Let’s hope we can do it shortly. would reduce the deficit by $4.35 bil- I yield the floor. Agency to conduct two reports related lion, according to CBO. Putting aside The PRESIDING OFFICER. The Sen- to the ground-based midcourse defense. politics, penciling this out shows that ator from Alabama is recognized. We need to know the agency’s plan for $4.35 billion in deficit reduction, minus Mr. SHELBY. Madam President, the ground-based interceptor funds in the cost of the rescission—$500 mil- what is the pending business? this bill before us. This report would lion—means a deficit savings of just The PRESIDING OFFICER. Amend- provide further details into exactly under $4 billion. I thought this was a ment 2678 is the pending business. what that plan is. I believe this is im- good thing. We would preserve up to Mr. SHELBY. I ask unanimous con- perative. Congress and our Nation 17,000 jobs and reduce the deficit— sent that the current amendment be must fully understand how the Missile clearly a win-win solution, I thought. I set aside. Defense Agency will utilize this crit- thought this up until late last night The PRESIDING OFFICER. Without ical capability for our Nation. The sec- because I thought we were going to be objection, it is so ordered. ond report asks the Missile Defense able to do it. But there were objec- AMENDMENT NO. 2594 Agency to outline the acquisition tions. Mr. SHELBY. I call up my amend- strategy for the ground-based mid- We reduced funding for a program ment No. 2594 and ask for its imme- course defense system over the next 6 that was a bad idea from the inception. diate consideration. years from fiscal year 2011 to 2017.

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These are people who have been eral funding cuts and eliminations im- sent that the reading of the amend- found guilty of defrauding the tax- pacting our national missile defense, ment be dispensed with. payers of this country and have paid including a $700 million reduction to The PRESIDING OFFICER. Without fees and settlements totaling $2.9 bil- GMD. I appreciate Chairman INOUYE objection, it is so ordered. lion. and Ranking Member COCHRAN includ- The amendment is as follows: Let me give you some specificity ing an additional $50 million in the bill AMENDMENT NO. 2617 here. The largest contractor, Lockheed before the Senate for GMD, which will (Purpose: To require a report on Federal hopefully keep our GBI production line contracting fraud) Martin, has engaged in 50 instances of from going cold. On page 245, between lines 8 and 9, insert misconduct since 1995, paying fines and Yet the threat is not diminishing. We the following: settlements totaling $577 million. Yet must have a plan for countering na- SEC. 8104. (a) The Secretary of Defense in 2007 it still received $34 billion of tions that threaten our security. We shall conduct a study on defense contracting government contracts. need to know the Missile Defense Agen- fraud and submit a report containing the According to the U.S. Attorney’s Of- cy’s plan for this fiscal year as well as findings of such study to the congressional fice, in 2008 Lockheed Martin Space defense committees. Systems Company paid $10.5 million to the next years. Our enemies are still (b) The report required under subsection our enemies, and now so more than settle charges that it defrauded the (a) shall include— government by submitting false in- ever we should be cognizant of the fact (1) an assessment of the total value of De- that Iran and North Korea are working partment of Defense contracts entered into voices for payment on a multibillion- hard at technological advancement de- to with contractors that have been indicted dollar contract connected to the Titan signed to destroy us and our allies. for, settled charges of, been fined by any IV space launch vehicle program. Despite nearly unanimous opposition Federal department or agency for, or been According to the Department of Jus- in the international community, Iran convicted of fraud in connection with any tice, in 2003 Lockheed Martin paid $38 contract or other transaction entered into million to resolve allegations that it has pressed on with nuclear ambitions with the Federal Government; and fraudulently inflated the costs of per- and has shown no intention that I have (2) recommendations by the Inspector Gen- forming several Air Force contracts for known of abandoning this reckless eral of the Department of Defense or other the purchase and navigation and tar- path. Every day, Iran continues to add appropriate Department of Defense official geting pods for military jets. to the thousands of centrifuges it al- regarding how to penalize contractors re- In 2001, Lockheed Martin paid $8.5 ready has to enrich its uranium. It con- peatedly involved in fraud in connection with contracts or other transactions entered million to settle criminal charges that tinues to test its ballistic missiles. In it lied about its costs when negotiating fact, the International Atomic Energy into with the Federal Government. Mr. SANDERS. Madam President, in contracts for the repair and restoration Association recently released a report of radar pedestals installed in U.S. war- recent weeks there has been some dis- stating that Iran is now working to ships, costing the Navy millions of dol- cussion about what types of organiza- conjoin ballistic and nuclear capabili- lars, also according to the Department tions might or might not receive Fed- ties. I believe we need an integrated, of Justice. layered national missile defense to eral funding. I think that is a very ap- But this behavior is not unique to deter this threat, and we need it now. propriate discussion for this legislation Lockheed Martin. Boeing, the world’s Moving forward, I hope that the Mis- which obviously expends many hun- leading aerospace company and the sile Defense Agency will ensure our Na- dreds of billions of taxpayer dollars. largest manufacturer of commercial tion’s production line for ground-based One of the concerns I have is that a jetliners and military aircraft, has en- interceptors and that their subsystems number of the largest defense contrac- gaged in 31 instances of misconduct and components will not die on the tors in this country, it turns out, over since 1995 and paid $1.5 billion in fines vine if we ever have to meet this a period of years, have, time after and settlements. threat. time, been involved in illegal behavior. I know people here have expressed The ground-based midcourse defense I think the American people and the concerns about what one group did in, system and the interceptors in par- taxpayers of this country want to know clearly, stupid behavior. But what ticular are valuable national assets. how it happened that year after year about a company such as Lockheed And I will continue to work with we continued to do business, to the Martin which has paid $8.5 million to Chairman INOUYE, Senator COCHRAN, tune of tens and tens of billions of dol- settle criminal charges? What about and others on the Appropriations De- lars, with large corporate interests—in companies such as Boeing which has fense Subcommittee to ensure that we this case, defense contractors—that engaged in 31 instances of misconduct have here in the United States a robust were then found guilty of defrauding since 1995 and paid $1.5 billion in fines national missile defense system. the American people. How many times and settlements? In 2000, for example, It is my understanding in talking to do you have to be found guilty before according to the Department of Jus- the chairman that this amendment has we say enough is enough? Let me give tice, Boeing agreed to pay $54 million been agreed to by Senator INOUYE and you a few examples—really, quite a to settle charges that it defrauded the Senator COCHRAN. I hope they will few—of what I am talking about. Army by selling it more than 140 heli- adopt it. According to the Project on Govern- copters containing defective gears, put- I yield the floor. ment Oversight, the three largest gov- ting the lives of the men and women in The PRESIDING OFFICER. If there ernment contractors—Lockheed Mar- the Air Force in danger. These defec- is no further debate on the amendment, tin, Boeing, and Northrop Grumman— tive gears resulted in the deaths of at without objection, the amendment is have a history riddled with fraud and least five servicemen. We are not talk- agreed to. other illegal behavior. Combined, these ing ACORN here. We are talking about The amendment (No. 2594) was agreed companies, these three companies, $54 million to settle charges and ac- to. have engaged in 109 instances of mis- tions that may have resulted in the The PRESIDING OFFICER. The Sen- conduct since 1995 and have paid fees death of at least five servicemen. How ator from Vermont. and settlements totaling over $2.9 bil- many years does this have to go on be- AMENDMENT NO. 2617. lion. Despite this history, these organi- fore we begin to deal with it? In 2007, Mr. SANDERS. I ask unanimous con- zation received over $77 billion in gov- Boeing received $24 billion in Federal sent to lay aside the pending amend- ernment contracts in 2007 alone. contracts. ment and call up my amendment No. Let me repeat. Three major defense Finally, Northrop Grumman, the 2617 contractors—Lockheed Martin, Boeing, third largest contractor, has a similar The PRESIDING OFFICER. Without and Northrop Grumman—have en- history, with 27 instances of fraud to- objection, it is so ordered. gaged, combined, in 109 instances of taling $790 million over the past 15

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I’m glad health care re- tracts; i.e, ripping off the taxpayers. ingly dissatisfied not with their health form won’t take away my benefits [with the According to the Department of Jus- care from the doctor and hospital but VA], but what about my daughter and her tice, the Northrop Grumman sub- with the insurance system and what family? sidiary engaged in five separate has happened to so many people who Becky is exactly right. The VA sys- schemes that increased the cost the were generally satisfied with their in- tem has the lowest rate of medical er- Government paid for space projects. surance until they got sick and their rors in the country of any major health Also in 2003, according to the Depart- insurance wasn’t as good as the insur- care system. The VA buys its prescrip- ment of Justice, Northrop Grumman ance company had promised. I would tion drugs at a third or half the cost paid the United States $80 million to like to share four letters I have re- most of us have to pay because they settle charges that it overcharged the ceived today from people in my State. use the size of the purchasing pool of government and knowingly installed Alan from Logan County in north- government to get much better deals substandard parts in target drones de- west Ohio, northwest Columbus, from the drug companies. We have VA signed for the Navy. writes: clinics in Ohio—in Zanesville and Over and over and over again, year A few years ago, my 57-year-old diabetic Mansfield and Parma and Lima and after year after year, the largest de- sister was found in a diabetic coma by co- Findlay, all over the State—commu- fense contractors engage in illegal ac- workers. She had ‘‘good’’ insurance and nity-based outreach clinics that matter tivity to rip off the taxpayers and, in spent two weeks in the ICU and, thereafter, for people’s care. At the same time, some instances, put in danger the lives spent weeks in the regular hospital unit for what our legislation will do is help of the men and women in the Armed care and [rehabilitation]. Her doctors indi- small business. Becky’s daughter’s em- cated that she needed to remain in the hos- ployer probably wants to cover her and Forces. pital for another month and then be trans- These are only a few snapshots of give her better coverage: emergency ferred to a nursing home for further rehab, care, maternity care, pregnancy care. what appears to be a culture of fraud even while she was unable to walk. A few and entitlement within the military days after receiving her doctor’s care plan, I It doesn’t because it is a small business contracting community. We owe it to was notified by the hospital that my sister and can’t afford it. Our bill will give a taxpayers to begin to get to the bottom was being released the next day because the tax credit to small businesses and will of the situation. To reform the culture insurance company denied further payments allow small businesses to pool with of greed, of illegal behavior, we have to to the hospital. I drove to the hospital, other employers so one particularly wheeled her to my car, brought her home expose it first. For that reason, I am sick patient or sick employee doesn’t where she was bedridden for the next several shoot up prices so much that the insur- offering an amendment under which months. She eventually recovered, but suf- the Secretary of Defense would cal- ance company with the small business fered nerve damage and is permanently dis- can’t afford to provide insurance for culate the total amount of money that abled and unable to walk again. goes to companies that have engaged in their employees. That is why this legis- Alan’s sister is another victim of a lation makes so much sense for small fraud against the United States and health care system where someone then make recommendations about business. thought she had good insurance and Kristin from Cuyahoga County how to penalize repeat offenders. We got a very expensive illness and, as a writes: have an expression when we deal with result, her insurance was taken away. My mother has stage 4 cancer and my fa- criminal justice. We say: Three strikes, What that did was cost her her health ther is a diabetic. They have a $6,000 deduct- you are out. because she didn’t get the rehabilita- ible; co-pays are $30-$50 a visit. Last Decem- A lot of these guys are getting a lot tion her doctor knew she needed. That ber, my mother was pushing for more chemo more than three strikes. They keep kind of tragedy should not happen in before the first of the year. They met their striking out and they come back and the richest country in the world. It deductible and she wanted to get any treat- get lucrative defense contracts. How ment she could get prior to the end of the should not happen when somebody such year. Instead of her enjoying her limited many times do they have to strike out? as Alan’s sister plays by the rules, I hope very much this study will be a time with us, she is constantly worrying works hard, and has decent insurance about the high deductible and funeral costs. first step in the process of cleaning up but not as good insurance as she I am a nurse and [I] see the stress of the the world of defense contracting. I look thought she had. health care costs and the impact it makes in forward to continuing to work to make One of the most important things our a family’s financial situation is astounding. absolutely sure the money we have set bill will do is enact insurance reform. We need reform, reform, reform. aside for our national defense is, in No more denial of care for preexisting Think about that. Kristin is a nurse. fact, spent on national defense, on pro- conditions, no more denial of care be- Kristin knows health care from the in- tecting the men and women who brave- cause it got too expensive when some- side out. Kristin’s mother has cancer. ly serve us in the Armed Forces and is one got sick and their policy was re- Her father is diabetic. A $6,000 deduct- not frittered away on fraudulent bids, scinded. ‘‘Rescission’’ is the technical ible hardly counts as insurance. The illegal behavior, and wasteful projects. term the insurance company uses. No mother wants to get all the expensive I hope very much that when the more will someone be discriminated care in December before the end of the amendment comes up, we will have bi- against because of gender or geography year because she has already paid the partisan support. I cannot understand or disability. At the same time, we are deductible, the $6,000 that year, but not why anybody would be opposed to hav- introducing the public option in our have to get it at the beginning of the ing us finally address this outrage. I legislation that will keep the insurance year because she can’t afford another hope the Senate will pass it. companies more honest, that will in- $6,000, not to mention the $30 to $50 out I yield the floor. ject competition so people can choose of pocket every visit. The PRESIDING OFFICER (Mrs. the public option or they can choose My mother recently died in Feb- SHAHEEN). The Senator from Ohio. CIGNA or Aetna or, in Ohio, Medical ruary. She had good health insurance. Mr. BROWN. I ask unanimous con- Mutual, any one of these, but the pub- She had a family who loved her and sent to speak for 10 minutes as in lic option will keep the insurance com- was with her during hospice home care. morning business. panies a bit more honest. I am sure Kristin’s family is the same, The PRESIDING OFFICER. Without Becky from Cincinnati on the Ohio but I also know it was traumatic objection, it is so ordered. River writes: enough as a family for my 88-year-old HEALTH CARE REFORM As a veteran, I get great health care mother who was sick to not have to Mr. BROWN. Madam President, I sup- through the VA system. But my story is worry about the funeral costs and a port the Sanders amendment and about my daughter. She works for a small high deductible. It is outrageous that thank him for his good work on these company who pays for her family’s insur- this health care system doesn’t take issues. ance. But their plan doesn’t cover emergency care of people better than that.

VerDate Nov 24 2008 04:39 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.070 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10035 Denise from Ashland, a town not far In addition, you are not going to see SEC. ll. (a) FUNDING FOR OUTREACH AND from my hometown of Mansfield in anybody denied who has a preexisting REINTEGRATION SERVICES UNDER YELLOW RIB- north-central Ohio, writes: condition in the public option anymore BON REINTEGRATION PROGRAM.—Of the amounts appropriated or otherwise made This past February, my husband was laid than you are going to see somebody de- available by title IX. $20,000,000 shall be off from his job. At the end of March our in- nied care because of a preexisting con- surance through his employer was canceled. available for outreach and reintegration dition in Medicare. That is why this services under the Yellow Ribbon Reintegra- In April we were forced to go onto COBRA legislation is so important. That is which cost us $800 a month. Thankfully, tion Program under section 582(h) of the Na- President Obama’s plan helped reduce that why the version of this bill that passed tional Defense Authorization Act for Fiscal amount by nearly $300, but that won’t last out of the Health, Education, Labor, Year 2008 (Public Law 110–181; 122 Stat. 125; much longer. It’s been difficult to save and Pensions Committee will serve the 10 U.S.C. 10101 note). (b) SUPPLEMENT NOT SUPPLANT.—The money because since April, I’ve had two public. It will mean that people who amount made available by subsection (a) for major surgeries and now face higher co-pays are happy with their insurance can the services described in that subsection is and medications. My husband is a diabetic keep it. It will mean if you are unin- in addition to any other amounts available and his medicines are very costly. We are sured, you will get some assistance. It fighting foreclosure, our budget is stretched, in this Act for such services. and we are considering dropping coverage in will mean consumer protections so peo- The PRESIDING OFFICER. The Sen- October. What happens then? ple will not be thrown off their insur- ator from Ohio. Denise is in a situation that so many ance because of an expensive illness or Mr. BROWN. Madam President, I ask are in right now. Ohio’s unemployment because of discrimination. It will mean unanimous consent to address the Sen- rate is over 10 percent. Denise’s situa- assistance for small business so em- ate for no more than 3 minutes as in tion is similar to many. Her husband ployers can insure their employees, morning business. lost his job and his insurance was like most employers want to do. The PRESIDING OFFICER. Without dropped, although he was able to keep I thank the Presiding Officer and objection, it is so ordered. the insurance through COBRA. But yield the floor. COMMENDING THE LAKE ERIE CRUSHERS The PRESIDING OFFICER. The Sen- when you have COBRA, it is very ex- Mr. BROWN. Madam President, I rise ator from Vermont. to honor the Lake Erie Crushers, the pensive because you are paying your Mr. SANDERS. Madam President, let own part of the insurance that you paid 2009 Frontier League Champions. While me concur with the remarks of the as an employee and you are also paying it looks like the Cleveland Indians will Senator from Ohio. The letters he is re- the employer’s part of the insurance. It not be playing in October, the Lake ceiving from Ohio are exactly the same is a good program, but not many people Erie Crushers of Avon, OH, in which I types of letters I am receiving from can afford it. President Obama and all live, will spend the month relishing Vermont. The time is long overdue for of us together in the stimulus bill their improbable run to the champion- this Congress to pass real health care passed earlier in the year provided ship in just their first year in the Fron- reform and join the rest of the indus- some subsidies for people who use tier League. trialized world, which guarantees COBRA, but that will not last forever, The Crushers clinched the champion- health care for all their people. I con- as Denise pointed out. Under our legis- ship with a come-from-behind, 13-to-10 lation, people would not see their in- gratulate the Senator from Ohio for his victory over the home team River City surance run out. People, depending on leadership position on this issue. Rascals of O’Fallon, MO. Mr. BROWN. I thank the Senator. their income, at a certain price will be Despite being down two games to able to buy insurance and keep that in- AMENDMENTS NOS. 2559 AND 2601 none in the best-of-five series, the surance regardless of whether they lose Mr. SANDERS. Madam President, I Crushers demonstrated their resilience their job. Life is traumatic enough for ask unanimous consent to set aside the and composure to win three straight people when the major breadwinner pending amendment and call up games. loses his or her job. Losing your insur- amendments Nos. 2559 and 2601. With clutch hitting from series MVP ance at the same time, with all the The PRESIDING OFFICER. Is there Andrew Davis, Arden McWilliams, other problems that come—potential objection? Tyler Johnson, Todd Balduf, and Eddie Without objection, it is so ordered. Tisdale, the Crushers put together a foreclosure, the stretching of the budg- The amendments will be reported by seven-run fifth inning outburst to help et, generally—is so unfair for those number. pitchers Paul Fagan and Cardoza Tuck- who have worked so hard, paid taxes, The bill clerk read as follows: been good citizens, and lived by the er clinch the championship. The Senator from Vermont [Mr. SANDERS] During the celebration after the rules. proposes amendments numbered 2559 and That is why I think our legislation is 2601. game, manager John Massareilli said so important. I expect the bill will be that ‘‘doing this in year one, building a Mr. SANDERS. Madam President, I voted out of the Finance Committee in championship [team] from scratch, ask unanimous consent that reading of the next week or so—maybe even this that’s what made this so special.’’ the amendments be dispensed with. The Frontier League is made up of week. We will continue to fight for the The PRESIDING OFFICER. Without teams from across the heartland—in public option, which certainly a major- objection, it is so ordered. ity of the Senate supports. A strong The amendments are as follows: Kalamazoo, Waterford, and Traverse majority of the House of Representa- City, MI; Washington, PA; Evansville, AMENDMENT NO. 2559 tives supports the public option. A sur- IN, Florence, KY; and the team I men- (Purpose: To make available from Research, vey of doctors recently showed 70 per- Development, Test, and Evaluation, Army tioned in Missouri. cent of them in the country support a $12,000,000 for the peer-reviewed Gulf War Players in their early to mid public option. Two-thirds of the voters Illness Research Program of the Army) twenties travel from town to town, consistently all year have supported a At the appropriate place, insert the fol- chasing the dream of one day playing public option. lowing: in the Major Leagues. A public option will make the insur- SEC. ll. Of the amount appropriated or My wife and I are season ticket hold- ance companies more honest. It will in- otherwise made available by title IV under ers of the Crushers, and we have en- ject competition into the system so the heading ‘‘RESEARCH, DEVELOPMENT, joyed cheering on our hometown team people will have more choices, not TEST, AND EVALUATION, ARMY’’, $12,000,000 during their inaugural season. We are fewer choices such as the Republican shall be available for the peer-reviewed Gulf proud our community is home to the War Illness Research Program of the Army opponents of the public option want. run by Congressionally Directed Medical Re- Crushers, where fans from across They only want the insurance compa- search Programs. northeast Ohio can travel down I–90 nies to be players in this, not any pub- AMENDMENT NO. 2601 and Route 611 to root for a champion- lic agency that can compete in a Medi- (Purpose: To make available from Overseas ship team. care-like program that can compete Contingency Operations $20,000,000 for out- I commend the dedicated fans, the with the private insurance companies. reach and reintegration services under the outstanding players and coaches, and It will help keep costs down so the in- Yellow Ribbon Reintegration Program) owner Steve Edelson for their commit- surance companies do not continue to At the appropriate place, insert the fol- ment to our city—both on and off the cause the problems they do. lowing: field.

VerDate Nov 24 2008 01:08 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.071 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10036 CONGRESSIONAL RECORD — SENATE October 1, 2009 I am pleased to honor the 2009 Fron- GAN, as well. It is an amendment that ples, but treaties are far more than tier League Champions, the Lake Erie has been cleared through the author- just words on a page. Treaties rep- Crushers from Avon, OH. izing committee a multiple of times resent our word, and they represent our I yield the floor. and it has been cleared through this bond. Unfortunately, again, too often The PRESIDING OFFICER. The Sen- body previously and we have cleared it the United States did not uphold its re- ator from Kansas. on both sides of the aisle. sponsibilities as stated in its covenants AMENDMENT NO. 2598 With the passage of this amendment, with Native tribes. Mr. BROWNBACK. Madam President, we officially apologize for the past ill- I have read all of the treaties in my it is tough to follow that act, but I ask conceived policies by the U.S. Govern- State between the tribes and the Fed- unanimous consent that the pending ment toward the Native Peoples of this eral Government that apply to Kansas. amendment be set aside and call up land and reaffirm our commitment to- They generally came in tranches of amendment No. 2598 and ask for its im- ward healing our Nation’s wounds and three. First, there would be a big land mediate consideration. working toward establishing better re- grant to the tribe. Then there would be The PRESIDING OFFICER. Is there lationships rooted in reconciliation. a much smaller one associated with objection? Apologies are often times difficult, some equipment and livestock, and Without objection, it is so ordered. but like treaties, go beyond mere words then a much smaller one after that. The clerk will report. and usher in a true spirit of reconciling Too often, our Government broke its The bill clerk read as follows: past difficulties and help to pave the solemn oath to Native Americans. For way toward a united future. Perhaps The Senator from Kansas [Mr. BROWNBACK] too long, relations between the United proposes an amendment numbered 2598. Dr. King said it best when he stated, States and Native people of this land ‘‘The end is reconciliation, the end is Mr. BROWNBACK. Madam President, have been in disrepair. For too much of redemption, the end is the creation of I ask unanimous consent that reading our history, Federal tribal relations the beloved community.’’ This is our of the amendment be dispensed with. have been marked by broken treaties, goal, with this resolution today. The PRESIDING OFFICER. Without mistreatment, and dishonorable deal- Native Americans have a vast and ings. objection, it is so ordered. proud legacy on this continent. Long The amendment is as follows: This amendment extends a formal before 1776 and the establishment of apology from the United States to (Purpose: To acknowledge a long history of the United States of America, Native Tribal Governments and Native peoples official depredations and all ill-conceived peoples inhabited this land and main- policies by the Federal Government re- nationwide—something we have never garding Indian tribes and offer an apology tained a powerful physical and spir- done; something we should have done to all Native Peoples on behalf of the itual connection to it. In service to the years and years ago. United States) Creator, Native peoples sowed the land, Further, this resolution will not re- At the appropriate place, insert the fol- journeyed it, and protected it. The peo- solve the many challenges still facing lowing: ple from my State of Kansas have a Native Americans, nor will it author- SEC. lll. APOLOGY TO NATIVE PEOPLES OF similar strong attachment to the land. ize, support or settle any claims THE UNITED STATES. Like many in my State, I was raised against the United States. It doesn’t (a) ACKNOWLEDGMENT AND APOLOGY.—The on the land. I grew up farming and car- have anything to do with any property United States, acting through Congress— ing for the land. I and many in my claims against the United States. That (1) recognizes the special legal and polit- State established a connection to this is specifically set aside and not in this ical relationship Indian tribes have with the land as well. We care for our Nation United States and the solemn covenant with bill. What this amendment does do is the land we share; and the land of our forefathers so recognize and honor the importance of (2) commends and honors Native Peoples greatly that we too are willing to serve Native Americans to this land and to for the thousands of years that they have and protect it, as faithful stewards of the United States in the past and today stewarded and protected this land; the creation with which God has and offers an official apology for the (3) recognizes that there have been years of blessed us. I believe without a doubt poor and painful path the U.S. Govern- official depredations, ill-conceived policies, citizens across this great Nation share ment sometimes made in relation to and the breaking of covenants by the Federal this sentiment and know its unifying our Native brothers and sisters by dis- Government regarding Indian tribes; power. Americans have stood side by regarding our solemn word to Native (4) apologizes on behalf of the people of the side for centuries to defend this land United States to all Native Peoples for the peoples. It recognizes the negative im- many instances of violence, maltreatment, we love. pact of numerous destructive Federal and neglect inflicted on Native Peoples by Both the Founding Fathers of the acts and policies on Native Americans citizens of the United States; United States and the indigenous and their culture, and it begins—be- (5) expresses its regret for the ramifica- tribes that lived here were attached to gins—the effort of reconciliation. tions of former wrongs and its commitment this land. Both sought to steward and President Ronald Reagan spoke of to build on the positive relationships of the protect it. There were several instances the importance of reconciliation many past and present to move toward a brighter of collegiality and cooperation between times throughout his Presidency. In a future where all the people of this land live our forbears—for example, in James- 1984 speech to mark the 40th anniver- reconciled as brothers and sisters, and har- town, VA, Plymouth, MA, and in aid to sary of the day when the Allied armies moniously steward and protect this land to- explorers Lewis and Clark. Yet, sadly, gether; joined in battle to free the European (6) urges the President to acknowledge the since the formation of the American Continent from the grip of the Axis wrongs of the United States against Indian Republic, numerous conflicts have en- powers, Reagan implored the United tribes in the history of the United States in sued between our Government, the States and Europe to ‘‘prepare to reach order to bring healing to this land; and Federal Government, and many of out in the spirit of reconciliation.’’ (7) commends the State governments that these tribes, conflicts in which war- I do not pretend that this apology is have begun reconciliation efforts with recog- riors on all sides fought courageously a panacea, but perhaps it signals the nized Indian tribes located in their bound- and which all sides suffered. Even from beginning of the end of division and a aries and encourages all State governments the earliest days of our Republic there faint first light and first fruits of rec- similarly to work toward reconciling rela- existed a sentiment that honorable tionships with Indian tribes within their onciliation and the creation of beloved boundaries. dealings and a peaceful coexistence community Dr. King so eloquently de- (b) DISCLAIMER.—Nothing in this section— were clearly preferable to bloodshed. scribed. (1) authorizes or supports any claim Indeed, our predecessors in Congress in This is an apology and a resolution of against the United States; or 1787 stated in the Northwest Ordinance: reconciliation. It is a step toward heal- (2) serves as a settlement of any claim ‘‘The utmost good faith shall always be ob- ing the wounds that have divided our against the United States. served toward the Indians.’’ country for so long—a potential foun- Mr. BROWNBACK. Madam President, Today we live up to this goal, today dation for a new era of positive rela- this is an amendment for which the co- we right a wrong that has been com- tions between tribal governments and sponsors include the chairman of the mitted in this nation. the Federal Government. committee and the chairman of the In- Many treaties were made between It is time, as I have stated, for us to dian Affairs Committee, Senator DOR- the U.S. Government and Native peo- heal our land of division, all divisions,

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.073 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10037 and bring us together and I am proud The PRESIDING OFFICER. If there from a position of strength. This is, in that today we are closer to that goal. is no further debate, without objection, fact, a traditional role for the intel- Madam President, I understand the the amendment is agreed to. ligence community on a wide range of amendment has been cleared, and I ask The amendment (No. 2571) was agreed foreign policy issues. unanimous consent for its immediate to. Thirdly, the Center on Climate adoption. Mr. INOUYE. Thank you, Madam Change and National Security will as- The PRESIDING OFFICER. Is there President. sess the national security implications further debate on the amendment? I suggest the absence of a quorum. of climate change, which many experts Mr. INOUYE. We support the amend- The PRESIDING OFFICER. The believe will be significant. This will in- ment. clerk will call the roll. clude assessing the national security The PRESIDING OFFICER. If there The legislative clerk proceeded to implications of increased competition is no further debate on the amendment, call the roll. for resources, population shifts, water without objection, the amendment is Mrs. FEINSTEIN. Madam President, shortages, changes in crop yields, and agreed to. I ask unanimous consent that the order the spread of climate-sensitive diseases The amendment (No. 2598) was agreed for the quorum call be rescinded. such as malaria. to. The PRESIDING OFFICER. Without This is the work that the IC is better Mr. BROWNBACK. Thank you very objection, it is so ordered. positioned than anyone else in the gov- much, Madam President. AMENDMENT NO. 2567 ernment to do and where CIA’s con- I wish to thank my colleagues for Mrs. FEINSTEIN. Madam President, tacts in the academic and think tank being willing to consider this amend- I rise to oppose the Barrasso amend- communities will pay big dividends. ment in an expedited fashion, but it is ment No. 2567, which would ban funding On September 25, the CIA announced actually an issue for which there have to the CIA’s new Center on Climate it was going to launch this new center been hearings held, research done, and Change and National Security. I make and tackle the devastating long-term has been voted on by this body over 5 these remarks as chairman of the In- challenges that climate change might years. So I am delighted we could move telligence Committee and one who present to our Nation’s security. In it on through. strongly supports the new Climate other words, this will give the intel- I yield the floor. Change center at the CIA. ligence community the opportunity to The PRESIDING OFFICER. The Sen- The Center on Climate Change and collect information and predict how ator from Hawaii. National Security that the CIA re- change is going to affect certain coun- AMENDMENT NO. 2571 cently established is fully consistent tries—the movement of populations, Mr. INOUYE. Madam President, on with the intelligence community’s mis- the devastation of crops, the disappear- behalf of Senator BYRD, I call up sion of protecting the United States. ance of water supplies—to be able to amendment No. 2571 and ask for its im- It is important to note what the Cen- anticipate what impact that will have mediate consideration. ter will not do. It will not do the on the Nation’s policy and on our na- The PRESIDING OFFICER. Without science of climate change. It will not tional security. objection, the clerk will report. make judgments about how or whether I have no doubt climate changes are The legislative clerk read as follows: going to have an impact on our Na- the climate is changing. It will not The Senator from Hawaii [Mr. INOUYE], for tion’s security. I also have no doubt make judgments about why the cli- Mr. BYRD, proposes an amendment numbered our satellites can give us a very posi- mate is changing. That work will be 2571. tive—meaning in the sense of crisp and done where it belongs, with the sci- The amendment is as follows: delineated—view of these changes as entific community. our satellites track climate change (Purpose: To require a report on the use by The Center will have three tasks. the Department of Defense of live primates across the years. One, it will continue the decade-long in training programs relating to chemical I believe very strongly the Center on and biological agents) program of declassifying imagery for Climate Change is warranted. I believe At the appropriate place, insert the fol- passage to climate change scientists. it will produce intelligence dividends lowing: Let me give you an example of some for the Nation, and I believe it is en- SEC. ll. (a) REPORT ON USE OF LIVE PRI- of that imagery. It is here on my right, tirely appropriate. Therefore, I would MATES IN TRAINING RELATING TO CHEMICAL as shown in these photographs. This is oppose the Barrasso amendment, which AND BIOLOGICAL AGENTS.—Not later than 90 Barrow, AK. This is Barrow. This is the days after the date of the enactment of this would effectively eliminate this new Chukchi Sea. As shown here, this is center. Act, the Secretary of Defense shall submit to July of 2006. In this picture, this is that the congressional defense committees a re- I thank the Chair and yield the floor. port setting forth a detailed description of same area in July of 2007. You see the The PRESIDING OFFICER. The Sen- the requirements for the use by the Depart- decomposition of the ice. They point ator from Hawaii. ment of Defense of live primates at the out its variation by time and, there- Mr. INOUYE. Madam President, I United States Army Medical Research Insti- fore, you can track the impact of the join the distinguished Senator from tute of Chemical Defense, and elsewhere, to change brought about by global warm- California in opposing the Barrasso demonstrate the effects of chemical or bio- ing from our satellites. So our sat- amendment. logical agents or chemical (such as physo- ellites are used to measure and predict The Director of the Central Intel- stigmine) or biological agent simulants in change. ligence Agency recently created the training programs. (b) ELEMENTS.—The report required by sub- Here is another one. This is the Beau- Center for Climate Change and Na- section (a) shall include, at a minimum, the fort Sea in August of 2001. You see the tional Security. The mission of this following: melt ponds in the center, and you see center is fully consistent with the mis- (1) The number of live primates used in the the ice. You see it here—winter in Au- sion of the intelligence community. training described in subsection (a). gust of 2007. This is from a satellite. The center has three main tasks. As (2) The average lifespan of primates from The third one is much more difficult pointed out by the Senator from Cali- the point of introduction into such training to see, but it is the Bering Glacier in fornia, the first is to continue the dec- programs. Alaska. Here it is in May of 2005. Here ades-long program of declassifying im- (3) An explanation why the use of primates in such training is more advantageous and are the big chunks that have broken agery for use by the scientific commu- realistic than the use of human simulators off. Here they are there. As shown here, nity. Second, the center will assess the or other alternatives. this is another satellite photo of the plans and intentions of other countries (4) An estimate of the cost of converting Bering Glacier in Alaska. and assist the administration to design from the use of primates to human simula- The second task of the CIA Center on verification regimes for any climate tors in such training. Climate Change and National Security change treaties so that policymakers Mr. INOUYE. Madam President, this will be to assess the plans and inten- can negotiate from a position of amendment has been cleared by both tions of other countries, and it will strength. Third, as noted by the Sen- sides, both leaders. It is a good amend- help the administration design verifi- ator from California, this center will ment. I ask unanimous consent the cation regimes for any climate change assess the national security implica- amendment be agreed to. treaties so policymakers can negotiate tions of climate change, which many

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.033 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10038 CONGRESSIONAL RECORD — SENATE October 1, 2009 believe will be very significant. This can be trained, equipped, and executing of Democrats and Republicans, con- will include assessing the national se- missions independent of coalition servatives and liberals, by a vote of 30 curity implications of increased com- forces. to 0. Unanimous. petition for resources, population While many would like to grow the I yield the floor. shifts, water shortages, changes in crop Afghan security forces beyond the cur- The PRESIDING OFFICER. The Sen- yields, and the spread of climate-sen- rent plan, the Department of Defense ator from Mississippi. sitive diseases such as malaria. has not been able to say that they can Mr. COCHRAN. Madam President, I This center will not work on the absorb additional resources in fiscal ask unanimous consent that Senators science of climate change. That work year 2010 or that they can source addi- MCCASKILL and DEMINT be added as co- will be done where it belongs—with the tional trainers to reach these new lev- sponsors to amendment No. 2560 to scientific community. This center will els. This is a situation where, yes, we H.R. 3326, the 2010 Department of De- continue in the traditional role of the need the money, but we cannot spend fense Appropriations Act. intelligence community to support pol- it. We want you to appropriate it so we The PRESIDING OFFICER. Without icymakers on a wide range of foreign can leave it in the bank. That is a hell objection, it is so ordered. The Senator from Illinois. policy issues. of a way to run the government. Mr. BURRIS. Madam President, I ask Since 2005, Congress has appropriated Therefore, I join my colleague from unanimous consent to speak in morn- nearly $19 billion for the training and California in urging my colleagues to ing business. oppose the Barrasso amendment. equipping of the Afghan security The PRESIDING OFFICER. Without Madam President, I yield the floor, forces. These funds have greatly in- objection, it is so ordered. and I suggest the absence of a quorum. creased over the years, starting from YOUTH VIOLENCE PANDEMIC The PRESIDING OFFICER. The $1.3 billion in fiscal year 2005 to $5.6 bil- Mr. BURRIS. Madam President, last clerk will call the roll. lion in fiscal year 2009 to $7.4 billion in Thursday, just outside of a Chicago The legislative clerk proceeded to fiscal year 2010. community center, a 16-year-old honor call the roll. Of the $5.6 billion appropriated in the student was beaten to death. His name Mr. INOUYE. Madam President, I ask last fiscal year, nearly $1.9 billion re- was Derrion Albert. There had been a unanimous consent that the order for mains unobligated, and the Depart- shooting at the school earlier in the the quorum call be rescinded. ment of Defense does not anticipate ob- day. Afterwards, two rival groups of The PRESIDING OFFICER. Without ligating these funds until July of 2010. teens confronted each other in the objection, it is so ordered. The $7.4 billion fiscal year 2010 re- street. Derrion was not a part of either Mr. INOUYE. Madam President, I quest for the Afghan security forces group. He just happened to be passing would like to say a few words on a few fund is projected to obligate $5.6 billion in the area on his way home from of the contentious issues before us. in fiscal year 2010 and $1.8 billion in the school. The administration requested $7.4 next fiscal year, 2011. In the violent chaos of that con- billion for the Afghanistan security The Afghan security forces fund is a frontation, as other teenagers punched forces fund in fiscal year 2010. This is 2-year funding account to enable long and kicked each other, young Derrion an increase of $1.8 billion over fiscal lead equipment procurement and infra- got caught in the middle. He was beat- year 2009 levels. This is to continue to structure projects that obligate over a en to death with railroad ties. train and equip the Afghan National 2-year period. The funds transferred The shocking murder was caught on Army and the Afghan National Police. from the Afghan security forces trust video. It is extremely difficult, Madam The committee was informed by offi- fund to meet the urgent operational re- President, if you have watched that cials of the Department of Defense that quirement of additional all-terrain film clip. But when you see this ter- $1.8 billion of this request would not be MRAPs for Afghanistan were taken rible scene unfold, you are struck by spent until fiscal year 2011. I would like from sustainment requirements of the several things. No. 1, this did not hap- to repeat that. This amount will not be Afghan National Army and the Afghan pen in some distant country; it hap- spent until 2011. And there was $1.9 bil- National Police which would have been pened in our backyard, right outside of lion remaining from the fiscal year 2009 obligated in fiscal year 2011 and do not a community center on a populated appropriations. require long lead appropriations. We street. It did not even happen at night. At the same time, the committee was took money they did not need or can Derrion was murdered in broad day- also aware of a validated urgent but use. light with people all around to witness unfunded requirement from the Depart- Areas funded through the the scene. And it did not happen to ment of Defense for additional all-ter- sustainment program include fuels, them. It did not happen to people un- rain MRAP vehicles for our troops in salary, incentive pay, clothing, indi- like ourselves. It happened to us. Afghanistan, something that the mili- vidual equipment, rental equipment— Derrion Albert could have been any- tary has been asking for with great ur- all of which do not require long lead body’s son, grandson, nephew, brother, gency. time. Therefore, the fiscal year 2010 or friend. Recognizing that these funds would sustainment request for the Afghan Just the other night, in a different not be obligated until fiscal year 2011— National Army is a 45-percent increase Chicago neighborhood, another young the funds I mentioned earlier—and over 2009 and a 108-percent increase boy was beaten within inches of his were not required for long lead equip- over fiscal year 2009 for the Afghan Na- life. This violence is not confined to a ment of infrastructure projects, the tional Police. single area or group of people. The committee transferred $900 million Even with the decrease in this fund, problem is pervasive and it touches all from the Afghan security forces fund to there is substantial flexibility and re- of us. the MRAP fund to pay for this urgent sources in the Afghan security forces It is tearing apart families, commu- requirement. fund to meet unanticipated require- nities, and our own sense of security. The redirecting of funds was not an ments of the security forces and to ex- These acts are committed against our attempt to curtail our efforts to train pedite the growth of the Afghan Na- community by our community. In the and equip the Afghan security forces. tional Army and Afghan National Po- last school year alone, 36 Chicago stu- It was solely based on the Depart- lice. dents were shot to death. This number ment’s ability to execute the required Madam President, I decided to share does not include those who survived resources during fiscal year 2010 and these numbers with my colleagues to shootings in other violence. That sta- the urgent unfunded and validated re- make certain they know the com- tistic would be far higher. quirement to procure additional all- mittee has acted on this very carefully. In the wake of last year’s murders, terrain MRAPs for our troops in Af- When we were convinced that the De- the local government and Chicago po- ghanistan. partment of Defense could not use that lice tried to put a stop to the terrible There is a tremendous amount of de- money, we decided to use it for some cycle of violence. But now, only a few bate in both the Halls of Congress and other more urgent purpose. weeks into the new school year, an- the Pentagon over the size of the Af- I should point out once again this bill other young boy has been taken from ghan security forces—how fast they was passed by the committee, made up us.

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.077 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10039 I am thankful the suspects in In addition to that, there are 10 other This blunt axe approach to cut funds Derrion’s murder have already been ar- amendments that we are in the process and undermine the future is unin- rested and charged with the crime. I of discussing and negotiating which formed, unexplained, and untargeted. am proud of the job our local law en- may require rollcall votes. So this may Therefore, I urge my colleagues to op- forcement officers have done to make be a long night. pose this measure. sure justice is served. But that is not The leadership has advised me that I yield the floor. enough. That is just not enough. It will voting should begin in about 15 min- Madam President, I have been ad- never be enough. utes, at 5:30. Since we have some time, vised that the statement I made that This problem is not unique to Chi- and in anticipation that one of the we may begin voting at 5:30 has slight- cago or Illinois. A national pandemic amendments would be the one from the ly changed. We will now begin voting of violence has taken hold in every Senator from Oklahoma, I wish to say about 6 o’clock. major city across the country. We can a few words about that. So may I suggest the absence of a no longer stand by as an entire genera- AMENDMENT NO. 2569 quorum. tion of young men and women fall vic- Madam President, I rise to oppose The PRESIDING OFFICER. The tim to these senseless crimes. the amendment of the Senator from clerk will call the roll. Government cannot do it all. Law en- Oklahoma which seeks to increase the The bill clerk proceeded to call the forcement can only do so much. That is operation and maintenance funding by roll. why it is time for us to stand together $294 million in the Department of De- Mr. COBURN. Madam President, I as a community and as a nation to end fense bill by reducing the funds avail- ask unanimous consent the order for youth violence. able for research and development ac- the quorum call be rescinded. The old saying, ‘‘It takes a village to tivities by that same amount. I under- The PRESIDING OFFICER. Without raise a child,’’ is very true. It takes a stand the Senator incorrectly assumes objection, it is so ordered. community to protect them. Our com- that the operation and maintenance Mr. COBURN. Madam President, I munities must take responsibility for account is underfunded due to a change think the leadership has been working our youngsters. We cannot tolerate vi- in current year inflation. on some amendments and agreements. olence any longer. Our parents must Economic recovery means that pro- I don’t think any of our amendments take ownership of their children and jected inflation is now higher than an- are going to come up for votes tonight, shoulder the responsibility of steering ticipated a few months ago. My col- but I did want to take a couple of mo- them away from gangs and violence. league is correct that inflation assump- ments talking about several of them. We cannot stand by and hope this prob- tions have changed. However, the budg- AMENDMENT NO. 2560 lem resolves itself. We cannot expect et adjustment the Senator finds objec- One is a McCain amendment I am a someone else to find a solution. It is tionable does not only correct for the cosponsor on, amendment No. 2560, on time to join with one voice and say: current year inflation; in fact, the competitive bidding. Enough is enough. This cannot stand. committee reviews the historical price Every time we bring this amendment This cannot continue. growth embedded in the budget base- to the floor we get a side-by-side It is time to take back our streets, line. Due to the recession, inflation in amendment so everybody on the other our schools, our community centers, fiscal years 2008 and 2009 was below the side who does not want us to competi- and our children. It is time for parents, levels built into the budget. Therefore, tively bid earmarks can have cover to teachers, neighbors, and friends to join the fiscal year 2010 budget base was in- say they voted for competitive bidding. with community leaders to put an end flated over actual experience. The bill The fact is, in this bill are directed ear- to the violence. It means afterschool before us adjusts for that baseline marks that are not competitively bid programs to keep kids involved and off error. to individuals and companies out there, the streets. It means seeking opportu- The operation and maintenance title for specialization of what one Senator nities for youth who are at risk. It is fully funded to meet the Depart- may want in their home State. means being present in young peoples’ ment’s needs. There is no shortage. Let There is nothing wrong with wanting lives. Ask if your son’s homework is me repeat that: The O&M account—or to help your home State. What is done. See which school subject your the operation and maintenance ac- wrong is to not competitively bid. If it daughter enjoys the most. Encourage count—is fully funded. The committee is something we need, why shouldn’t kids to continue their education, to is deeply concerned that the critical we use a competitive bidding process to play a sport, or to go out and get a operational needs of our soldiers, sail- get the best quality and the best value part-time job if they can find it. Be a ors, airmen, and marines are financed. for all this money we are going to good role model for your children and We want to be certain that every mem- spend? your neighbor’s children. Be involved, ber has the equipment, gear, training We are going to see again on the but do not settle for the status quo. Do and support they need. The bill meets McCain amendment the competitive not let the young people of America these needs. And we fully fund family bidding amendment—I have offered continue to cut each other down in the support programs, base operations, and this on many of the appropriations streets. major equipment maintenance. bills we have—a side by side. America This will not go away on its own, and The proposed amendment would add should not be fooled. If you do not vote it is not someone else’s problem. This $294 million in unneeded funds, an ac- for the McCain amendment and you youth violence that has gone on in our tion that could promote waste and ex- vote for the side by side, what you are country is our problem, our future, and penditures on low priority programs. I saying is you still want your earmarks we must work together to solve it. The note the amendment does not specify protected and not competitively bid. only way we are going to solve it is what program is underfunded or would That is what it says. working together and recognizing that benefit from this transfer. This amend- I have another amendment that ad- across this country there is a problem ment would move funds for unidenti- dresses earmarks. The problem with with our young people, and we can no fied purposes, which undermines the earmarks is it takes our eye off the longer tolerate that. careful program-by-program review ball. It is not they are not good ideas, Madam President, I yield the floor. which the committee accomplished. but we vote on bills on the basis of hav- The PRESIDING OFFICER. The Sen- On the other hand, it unduly penal- ing an earmark in the bill rather than ator from Hawaii. izes the resource and development ac- on the total bill and what is in the best Mr. INOUYE. Madam President, at tivities of the Department. The R&D interest of the country, not our par- this moment—and I repeat, at this mo- title is already below the President’s ticular parochial State. ment—there are 10 amendments ready requested funding level. Research and The competitive bidding amendment, for voting—10. I have been advised that development is the seed corn for the fu- when it has the side by side, what you most of them will require rollcall ture. It is the basis of all the techno- are going to see is you are going to see votes. So may I advise my colleagues logical improvements that have proved the true competitive bidding amend- to prepare themselves for a long invaluable in making our fighting ment defeated and the false competi- evening. forces the most capable in the world. tive bidding amendment win. That is

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.079 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10040 CONGRESSIONAL RECORD — SENATE October 1, 2009 because if you count the number of are spending we are borrowing from AMENDMENT NO. 2621, AS MODIFIED Senators who actually have earmarks our grandkids. We ought to be proud to Mr. CHAMBLISS. Madam President, that are not competitively bid, you get let them see what we are doing with I ask the pending amendment be set the majority of the Chamber. That is the money. aside and that my amendment No. 2621, true on every appropriations bill. So AMENDMENT NO. 2569 as modified, at the desk, be called up, we will not ever pass it until the Mem- Finally, I have an amendment that is please. bers start thinking about the long a prohibition. We have this operation The PRESIDING OFFICER. Without term and what is best for the country, and maintenance account that has objection, it is so ordered. rather than what is best for them. I been robbed heartily for earmarks. I The clerk will report. thought that explanation needed to be know I will never win the battle on The bill clerk read as follows: made. earmarks. But should not we say it The Senator from Georgia [Mr. CHAMBLISS] AMENDMENT NO. 2565 comes from somewhere else, other than proposes an amendment numbered 2621, as I also want to discuss for a moment to fund the actual day-to-day operation modified. an amendment, Amendment No. 2565, a and maintenance of our military? We The amendment is as follows: very simple amendment. We know the have already cut into the amount of (Purpose: To express the Sense of the Senate National Guard has gotten short- money that is in the O&M account be- on Joint STARS re-engining) changed a lot of times in terms of cause we are using a false inflation At the appropriate place, insert the fol- equipment. I don’t think there is any- number, to the tune of about $300 some lowing: thing wrong with setting aside money odd million—$294 million. Shouldn’t we SEC. (a) FINDINGS.—The Senate makes the following for the National Guard. But the way findings. say, if we are going to take that, let’s the bill is written is the chain of com- (1) Real time intelligence, surveillance, take it from somewhere else in the mand in the U.S. Government, in terms and reconnaissance (ISR) is critical to our military rather than operations and of our military, will be excluded from warfighters in fighting the ongoing wars in maintenance? What is a greater pri- the decisions made on how to spend Iraq and Afghanistan. ority than making sure the troops on (2) Secretary of Defense Gates and the this $1.5 billion. military leadership of the United States The Secretary of Defense, who is ulti- the ground have what they need on a timely basis? have highlighted the importance of col- mately responsible for the defense of lecting and disseminating critical intel- the Nation—even though we use Na- It was just last year that the Navy ran out of O&M money. They restricted ligence and battlefield information to our tional Guard, and part of this money is troops on the ground in Iraq and Afghani- going to be used for our Army Reserve, flight training. They restricted train- stan. a very small amount—is not going to ing on the ships. We had to pass an (3) The Chief of Staff of the Air Force, Gen- be able to have any input. The only emergency supplemental because we eral Norton Schwartz, has stated that the people who are going to have input is did not authorize them enough, we Air Force is ‘‘all-in’’ for the joint fight. the Appropriations Committee. didn’t appropriate them enough money (4) One of the most effective and heavily What that says is the American peo- to adequately operate and maintain tasked intelligence, surveillance, and recon- their force structure. Yet we have all naissance assets operating today is the Air ple are not going to get to know, we Force’s E–8C Joint Surveillance Target At- are not going to have the judgment of this money, including other money tack Radar System, also known as Joint the people with the best experience to that is related to other amendments, STARS. comment on it. I am not even saying that comes out of their operation and (5) Commanders in the field rely on Joint they have to veto it. What we are say- maintenance account. If we want to do STARS to give them a long range view of the ing is they have to be aware of it, they something that is outside the scope battlefield and detect moving targets in all have to be part of the process. Yet they and outside what the military wants to weather conditions as well as tactical sup- are not. So the more concern I have have done, let’s not make two wrongs. port to Brigade Combat Teams, Joint Tac- Let’s not take the money from O&M. tical Air Controllers and Special Operations with our amendment the more concern Forces convoy overwatch. I have about what is happening with What this amendment would do is sim- (6) Joint STARS is a joint platform, flown this $1.5 billion. My hope is we will ply prohibit any directed earmark from by a mix of active duty Air Force and Air eventually find out. We may not find coming from O&M funds. National Guard personnel and operated by a out until after the $1.5 billion will have Our military needs us to be efficient. joint Army, Air Force, and Marine crew, sup- been spent. But the problem is will it I think overall on this bill the appro- porting missions for all the Armed Forces. be spent efficiently and properly for priators have done a good job. I think (7) With a limited number of airframes, the National Guard and the Reserve? there is tons of waste we could get out Joint STARS has flown over 55,000 combat of the Defense Department. I think it hours and 900 sorties over Iraq and Afghani- The secrecy that shrouds this process stan and directly contributed to the dis- is somewhat concerning, and also the is about $50 billion a year that we covery of hundreds of Improvised Explosive reaction that we would offer an amend- could actually squeeze, which would Devices. ment that says we want somebody in make plenty of money for earmarks, it (8) The current engines greatly limit the the chain of command to be involved in wouldn’t hurt operation and mainte- performance of Joint STARS aircraft and are this, outside just the Appropriations nance, yet we will not have the over- the highest cause of maintenance problems Committee and the individual guard sight, we will not do the things that and mission aborts. (9) There is no other current or pro- units. are necessary to lessen the waste that is in the military. My hope is, as we grammed aircraft or weapon system that can AMENDMENT NO. 2562 provide the detailed, broad-area ground mov- On another amendment, amendment come back next week—I notice we are ing target indicator (GMTI) and airborne No. 2562, other than national security going to have a couple of votes here in battle management support for the issues, why should not every report in a little while; not on these amend- warfighter that Joint STARS provides. this bill be made available to every ments. No. 1, my hope is the American (10) With the significant operational sav- American? It is a real straightforward people will let us know about priorities ings that new engines will bring to the Joint amendment. If we want transparency and what we ought to be doing. I think STARS, re-engining Joint STARS will pay these are straightforward amendments. for itself by 2017 due to reduced operations, in our Government, then the reports sustainment, and fuel costs. that do not have anything to do with I yield the floor and suggest the ab- (11) In December 2002, a JSTARS re- anything that would be a national se- sence of a quorum. engining study determined that re-engining curity risk, for example, ought to be The PRESIDING OFFICER. The provided significant benefits and cost sav- made available to the other Senators clerk will call the roll. ings. However, delays in executing the re- in the Chamber and the body as well as The bill clerk proceeded to call the engining program continue to result in in- the American people. That is a pretty roll. creased costs for the re-engining effort. hard amendment to say ‘‘No, you Mr. CHAMBLISS. Madam President, (12) The budget request for the Department of Defense for fiscal year 2010 included don’t,’’ because there is not a good de- I ask unanimous consent the order for $205,000,000 in Aircraft Procurement, Air fense to that if it is not related to a na- the quorum call be rescinded. Force, and $16,000,000 in Research, Develop- tional security concern, and, Ameri- The PRESIDING OFFICER. Without ment, Test, and Evaluation, Air Force for cans—43 cents out of every dollar we objection, it is so ordered. Joint STARS re-engining.

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.083 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10041 (13) On September 22, 2009, the Department The Chief of Staff of the Air Force, amounts and timing of RDT&E and procure- of Defense reaffirmed their support for the GEN Norton Schwartz, has stated that ment funding obligations. President’s Budget request for Joint STARS the Air Force is ‘‘all-in’’ for the joint My point of contact for this ADM is Mr. re-engining. David Ahern, Director, Portfolio Systems (14) On September 30, 2009, The Undersecre- fight. JSTARS is truly a joint plat- Acquisition (OUSD (AT&L)). tary of Defense (Acquisition, Technology, form. Flown by a mixed active-duty ASHTON B. CARTER. and Logistics) signed an Acquisition Deci- Air Force/Air Guard unit, it operates Mr. CHAMBLISS. I yield the floor. sion Memorandum directing that the Air with an Army and Air Force mission The PRESIDING OFFICER. The Sen- Force proceed with the Joint STARS re- crew and, in Afghanistan, also with a ator from Hawaii is recognized. engining effort, to include expenditure of Marine. It also supports missions of all Mr. INOUYE. Madam President, I procurement and research, development, the military services. thank the distinguished Senator from test, and evaluation funds. With over 55,000 combat hours and 900 Georgia for presenting his amendment. (b) SENSE OF SENATE.—It is the sense of the Senate that—— sorties flown by only a handful of air- I am pleased to advise him that Sen- (1) Funds for re-engining of the E–8C Joint planes over Iraq and Afghanistan, ator COCHRAN and I have discussed this Surveillance Target Attack Radar System JSTARS has directly contributed to matter. We would like to see this (Joint STARS) should be appropriated in the the discovery of hundreds of IEDs. passed. We agree with the Senator. correct appropriations accounts and in the Having flown with the 116th Air Con- Mr. CHAMBLISS. At the appropriate amounts required in fiscal year 2010 to exe- trol Wing out of Robins Air Force Base time, I will ask for a voice vote. cute the Joint STARS re-engining system in Warner Robins, GA, I have seen The PRESIDING OFFICER. Is there design and development program; and firsthand the remarkable capability further debate on the amendment? If (2) the Air Force should proceed with cur- not, the question is on agreeing to the rently planned efforts to re-engine Joint that JSTARS can bring to the battle- STARS aircraft, to include expending both field in support of our warfighters. Al- amendment. procurement and research, development, though developed and built to fight the The amendment (No. 2621), as modi- test, and evaluation funds. Cold War for tracking Soviet troop fied, was agreed to. Mr. INOUYE. Madam President, I Mr. CHAMBLISS. Madam President, movements, JSTARS is an integral suggest the absence of a quorum. I ask unanimous consent that Senators part of today’s battlefield and will be The PRESIDING OFFICER. The BILL NELSON, INHOFE, DODD, ISAKSON, even more relevant in the near future. clerk will call the roll. and LIEBERMAN be added as cosponsors. JSTARS needs to be modified with The bill clerk proceeded to call the The PRESIDING OFFICER. Without new engines to keep this critical asset roll. objection, it is so ordered. available to better support our sol- Mr. CASEY. I ask unanimous consent Mr. CHAMBLISS. Madam President, diers. Air Force studies show the air- that the order for the quorum call be this amendment is a sense-of-the-Sen- frame is sound and will be useful well rescinded. ate amendment on a weapons system beyond 2050. JSTARS faces limitations The PRESIDING OFFICER. Without that is critical to the U.S. Air Force in operational restrictions because the objection, it is so ordered. from an intelligence gathering stand- engines are the original 1960s-era en- AMENDMENT NO. 2592, AS MODIFIED point. It has to do with the re-engining gines. They have never been replaced. Mr. CASEY. Madam President, I ask of the Joint STARS weapons system. They are old and expensive to operate unanimous consent that the pending Real-time intelligence is critical to our and maintain. Replacing them is a amendment be set aside. warfighters in fighting the ongoing safety issue as well as an operational The PRESIDING OFFICER. Without wars in Iraq and Afghanistan, just as in necessity. objection, it is so ordered. all other military conflicts. Secretary What this sense-of-the-Senate resolu- Mr. CASEY. Madam President, I ask Gates and our military leadership have tion does is to emphasize the impor- unanimous consent to call up amend- consistently highlighted to us the im- tance of funding the re-engining of the ment No. 2592, which is at the desk and portance of collecting and dissemi- JSTARS weapons system. has modifications at the desk. nating critical intelligence and battle- And it is my hope that in conference, The PRESIDING OFFICER. The field information to our troops on the the chairman and the ranking member clerk will report. ground and theaters of conflict, such as will do what they can to make sure The bill clerk read as follows: Iraq and Afghanistan. this funding is available. I have talked The Senator from Pennsylvania [Mr. CASEY], for himself and Mr. DURBIN, Mr. One of the most effective ISR assets with Senator INOUYE as well as Senator operating today is the Air Force’s E–8C REID, Mr. KERRY, and Mr. NELSON of Florida, COCHRAN about this. They are well proposes an amendment numbered 2592, as Joint Surveillance Target Attack aware of the value of this weapons sys- modified. Radar System, also known as Joint tem. It has been funded in the House Mr. CASEY. I ask unanimous consent STARS, or more succinctly, JSTARS. appropriations bill. By adopting this that the reading of the amendment be I ask unanimous consent a memo- sense-of-the-Senate amendment, it dispensed with. randum signed yesterday from Ashton sends a strong message for the con- The amendment, as modified, is as Carter, Under Secretary of Defense, ad- ferees to do everything possible to follows: dressing JSTARS be printed in the make sure the appropriate funding will AMENDMENT NO. 2592, AS MODIFIED RECORD at the conclusion of my re- be available when this conference re- (Purpose: To ensure that work under con- marks. port returns to the Senate. tracts under the Logistics Civil Augmenta- The PRESIDING officer. Without ob- EXHIBIT 1 tion Program complies with certain stand- jection, it is so ordered. ards) THE UNDER SECRETARY OF DEFENSE (See Exhibit 1.) At the appropriate place, insert the fol- Mr. CHAMBLISS. JSTARS has prov- FOR ACQUISITION, TECHNOLOGY AND LOGISTICS, lowing: en itself to be a critical asset to our Washington, DC, September 30, 2009. SEC. ll. (a) LIMITATION ON AVAILABILITY military since deploying to Iraq in 1991. OF FUNDS FOR EXECUTION OF CONTRACTS MEMORANDUM FOR SECRETARY OF THE AIR UNDER LOGCAP.—No later than 90 days after It is one of the most highly tasked sys- FORCE tems in our fleet today. Our com- enactment of this Act none of the funds ap- SUBJECT: E–8C Joint Surveillance Target propriated or otherwise made available by manders in the field are constantly Attack Radar System (JSTARS) Acquisi- this Act may be obligated or expended for asking for JSTARS so they can access tion Decision Memorandum (ADM) the execution of a contract under the Logis- its tremendous ISR capability to give I designate JSTARS as a special interest tics Civil Augmentation Program (LOGCAP) them a long-range view of the battle- program. unless the Secretary of the Army determines field and detect moving targets in all I direct the Air Force to continue the that the contract explicitly requires the con- weather conditions. There is no other JSTARS re-engining System Design and De- tractor— current or programmed aircraft or velopment phase, including the development, (1) to inspect and immediately correct defi- weapons system that can provide the flight testing, and production of the initial ciencies that present an imminent threat of increment of re-engine shipsets. The Air death or serious bodily injury so as to ensure detailed, broad-area ground-moving Force should immediately identify and obli- compliance with generally accepted elec- target indicator and airborne battle gate RDT&E and procurement funding nec- trical standards as determined by the Sec- management support for the warfighter essary to execute this direction. Report back retary of Defense in work under the con- than JSTARS provides. to me when this is accomplished with the tract;

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.043 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10042 CONGRESSIONAL RECORD — SENATE October 1, 2009 (2) monitor and immediately correct defi- cution problem is attempt to right a do, that our troops are at least safe ciencies in the quality of any potable or non- wrong by ensuring that the Army re- when taking a shower or in a barracks potable water provided under the contract to views the language of the contract at or living in a situation where they are ensure that safe and sanitary water is pro- the time of formation to ensure it in- away from the battlefield, away from a vided; and cludes explicit language that clearly (3) establish and enforce strict standards fire fight, away from the threat of for preventing, and immediately addressing requires contractors to immediately enemy fire. That is the least we can do and cooperating with the prosecution of, any correct deficiencies such as improperly as legislators. I urge my colleagues to instances of sexual assault in all of its oper- grounded equipment or facilities. We support the amendment, hoping we can ations and the operations of its subcontrac- are talking about basic electrical work deal with this amendment in the next tors. here being done in a way that would hour or so. (b) WAIVER.—The Secretary of the Army protect anyone’s safety in a way that I yield the floor. may waive the applicability of the limita- they should have a right to expect. Mr. DURBIN. Madam President, it is tion in subsection (a) to any contract if the So when I think of Ryan and his fam- time to address some serious problems Secretary certifies in writing to Congress ily and his mother Cheryl Harris and I that have plagued the LOGCAP con- that— (1) the waiver is necessary for the provi- think of Mr. Hermanson and his fam- tract that the Army uses to supply our sion of essential services or critical oper- ily, his wife Janine, we are not just troops in Iraq and Afghanistan. ating facilities for operational missions; or thinking about some far-off concept For years, this work has been man- (2) the work under such contract does not here, we are talking about a real prob- aged by the former subsidiary of Halli- present an imminent threat of death or seri- lem that is not yet corrected and still burton, KBR. ous bodily injury. threatens our fighting men and women. The controversies surrounding these Mr. CASEY. I rise to speak about an Let me conclude my remarks by say- two companies are many. Senator amendment Senator DURBIN, the assist- ing, in addition to urging my col- CASEY and I have offered an amend- ant majority leader, and I have worked leagues to support this amendment, ment to help deal with some of the on, as well as getting support and co- which I think is so fundamental it does worst failures and protect the safety of sponsorship by the majority leader, not require a lot of explanation, our our troops and others. Senator REID, and by Senator KERRY troops ought to be able to take a show- The amendment would prevent the and Senator NELSON of Florida. It has er or engage in other activities of daily Army from spending funds on a three fundamental goals. The first is to life in Iraq or Afghanistan or anywhere LOGCAP contract unless the Army deal with the horrific situation our around the world with that reasonable Secretary determines that the contract troops have faced where we have a expectation of safety. We can’t guar- explicitly requires the contractor to number of troops who have died in antee that right now, unfortunately. ensure safe electrical work, ensure safe Iraq, not as a result of enemy fire or in This amendment will take a step in and sanitary water, and establish and combat but in a circumstance in which that direction. enforce strict sexual assault prevention they should have a reasonable expecta- Obviously, the other parts, the other policies. tion of safety. In the case of one of my two elements in the amendment are It also allows the Secretary an oppor- constituents, SSG Ryan Maseth, Ryan that our troops should have the ability tunity to waive the restriction, if that was from the city of Shaler, PA, out in to drink clean water and, finally, that is necessary to the provision of essen- western Pennsylvania. He was taking a no women serving in the military tial services. should ever fear the potential or the In 2001, the Army awarded a sole- shower in Iraq, in his barracks, and was threat of sexual assault. source contract to Halliburton-KBR to killed, was electrocuted because of All of these parts of this amendment provide housing, meals, water, trash shoddy electrical work. So the first are vitally important. I don’t under- collection, and other support services part of this amendment speaks to that stand why anyone would not support it. for American troops abroad. fundamental problem we still have I have already submitted for the By the start of this year, the Army today. The second part of the amend- RECORD earlier the Associated Press had paid KBR more than $31 billion ment ensures that our brave fighting story about the death by electrocution under the contract, known as LOGCAP. men and women serving in war zones of Adam Hermanson. I wanted to cite KBR has had tremendous difficulty have clean water. Thirdly, this amend- two statements, two reflections by executing government contracts prop- ment would establish strict standards Adam’s wife and his mother. His wife erly. One of the many failures of this for preventing and prosecuting sexual said, when talking about their plans to company has led to the death of U.S. assaults on Army bases. move back to Pennsylvania: troops. These are all commonsense reforms. I He was supposed to come back and we had With our constituents’ taxes, our Na- will focus principally in my remarks— a lot of plans. tion has paid billions of dollars to KBR I know we have limited time—on the After three tours of duty in Iraq as a to provide support to our troops de- issue of electrocution. soldier and then another tour as a con- ployed in harm’s way. Some of the As I mentioned, SSG Ryan Maseth tractor, they were looking forward to funds were designated to provide a safe died on January 2, 2008. He was electro- his coming back to the United States place for our troops as they go about cuted in his barracks in Iraq. Unfortu- and, in this case, coming back to Penn- their daily business—to provide them nately for his family, who have been sylvania. They had a lot of plans. the safe food and shelter they need as seeking answers to why he was killed Those plans were completely de- they put their lives on the line for us. in that way, the nightmare has not stroyed. His life was ended because of a We, and all taxpayers, have a right to ended, nor for a lot of other families. fundamental problem in our system of expect that this company would use Families from Georgia, Texas, Cali- how we ground electrical outlets, how those hard-earned tax dollars for the fornia, Nevada, Oregon, Hawaii, Min- we install showers in Iraq and threaten safest and best support we can provide. nesota, and Pennsylvania, all of those troops in the process. We have to cor- What we didn’t expect is for KBR, States, have been affected by these rect it for Adam in his memory and for through its negligence, to provide con- deaths. Ryan and so many others, as well as for ditions that would injure or kill our It continues into last month. On Sep- those they left behind; in this case, troops in their showers. But that is tember 1 of this year, Adam Adam’s wife Janine. what has happened. Hermanson, who grew up in San Diego I will conclude with what his mother Since March 2003, at least 16 service and Las Vegas, served three tours of Patricia said, as she was reflecting on members and 3 contractors have been duty in Iraq with the Air Force and what happened to Adam. She said ev- killed by electrocution in our own fa- then went back to work for a con- eryone in their family was struggling cilities in Iraq. tractor. He, too, lost his life in a hor- to understand how he could survive It wasn’t a problem that was hidden rific way, by electrocution. His wife four war tours—three as a soldier, one for years and then suddenly emerged as Janine is waiting for answers. I spoke as a contractor—and then die suddenly a surprise. As early as 2004, Army ex- to her earlier today. in a seemingly safe place. perts warned that negligent electrical Fundamentally, what this amend- We should make sure, by way of this work created potentially hazardous ment does as it relates to the electro- amendment and anything else we can conditions for American personnel.

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.036 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10043 While we don’t whether every single hand over fist in Iraq, providing main- According to a Department of De- one of those deaths was the fault of tenance and support for what grew to a fense inspector general report, dozens KBR, we do know that KBR has been portfolio of almost 90,000 facilities. Yet of soldiers fell sick between January given major contracts involving wiring nearly one-third of the facilities in- 2004 and February 2006 due to facilities for our troops in Iraq. cluded in this emergency inspection ‘‘unmonitored and potentially unsafe’’ We know that in 2008, 94 troops sta- failed the inspection. water supplied by Halliburton-KBR to tioned in Iraq, Afghanistan or other So for years our brave service mem- fulfill its contract with the Depart- Central Command countries sought bers have used these facilities, expect- ment of Defense. medical treatment for electric shock, ing that they were safe, expecting that Water used for washing, bathing, according to Defense Department the billions of dollars we were spending shaving, and cleaning did not meet health data. on war support was devoted to their minimum safety standards set forth in And we know from military records safety. Little did they know that— military regulations. that KBR’s database lists 231 electric thanks to KBR’s callous carelessness— KBR reportedly failed to perform shock incidents in the facilities the what they were really doing was play- quality control tests, resulting in the company runs in Iraq. ing ‘‘Russian roulette’’ every time they use of unsafe water by our troops. So we know that our soldiers are stepped into a shower. DOD noted that KBR’s failure to do being injured and sometimes killed as You don’t have to take my word for its job may have resulted in soldiers a direct result of KBR’s shoddy elec- the level of incompetence dem- suffering skin abscesses, cellulitis, skin trical work in our facilities. onstrated by KBR. Listen to the ex- infections, diarrhea, and other ill- This is clearly a problem that needs perts. nesses. some tough questions answered. How Listen to Jim Childs, a master elec- I do not understand how a company does it come to pass that we put our trician hired by the Army to review could demonstrate such a callous dis- regard for the health and welfare of our personnel in unnecessary harm’s way KBR’s electrical work with Task Force troops in Iraq. But that is what they so often? SAFE. He called KBR’s work ‘‘the most did, time and time again. The DOD inspector general sought to hazardous, worst quality work’’ he’d answer this question and looked at a If it weren’t for a whistleblower, we ever seen. might not know about Halliburton- particular case I would like to share Mr. Childs found that even when KBR with my colleagues. The case is that of KBR’s mishandling of the water con- tried to fix problems, they couldn’t— tract. But Ben Carter, a former Halli- SSG Ryan Maseth, and it demonstrates that the rewiring work done in build- the level of KBR’s negligence. burton employee and water purifi- ings that were previously safe resulted cation specialist, blew the whistle on In January 2008, Sergeant Maseth in the electrical system becoming un- was killed in Iraq. This decorated serv- KBR’s malfeasance. safe. In January 2006, Mr. Carter testified ice member was not killed by the bul- Or listen to Eric Peters, a master lets or bombs of Iraqi insurgents. He about his experiences working at Camp electrician who worked for KBR in Iraq Ar Ramdi, home to 5,000 to 7,000 U.S. became another victim of contractor as recently as this year. Mr. Peters tes- negligence when he was electrocuted in troops. tified that 50 percent of the KBR-man- Mr. Carter was appalled by what he a shower at a U.S. base in Baghdad aged buildings he saw were not prop- that once was one of Saddam Hussein’s found there. According to Mr. Carter’s erly wired. Mr. Peters estimated that testimony: palaces. at least half the electricians hired by On July 24 of this year, the DOD in- KBR [had] exposed the entire camp to KBR would not have been hired to spector general released a scathing re- water twice as contaminated as raw water work in the United States because they from the Euphrates River. KBR was appar- port describing the negligence of KBR were not trained to meet U.S. or U.K. ently taking the waste water . . . which that contributed to Sergeant Maseth’s electrical standards. should have been dumped back in to the senseless death. The IG catalogued a He characterized KBR managers as river, and using that as the non-potable distressing litany of KBR negligence water supply. Such problems had been hap- ‘‘completely unqualified.’’ pening for more than a year . . . No trained and malfeasance. It found that ‘‘KBR American soldiers—and their loved did not ground equipment during in- specialist could claim that the water was fit ones back home—placed themselves— for human consumption. stallation or report improperly ground- placed their loved ones—in the hands of KBR’s response to Mr. Carter’s dis- ed equipment identified during routine what was then a subsidiary of Halli- maintenance’’; ‘‘KBR did not have covery of this substandard, potentially burton known by the acronym KBR, life-threatening situation? Employees standard operating procedures for the and this is what they received. technical inspection of facilities’’; KBR of KBR instructed Mr. Carter to keep it Shock. Electrocution. And in some quiet. Thank goodness he didn’t. personnel ‘‘had inadequate electrical cases death. This dirty water problem was not training and expertise’’; and ‘‘Oper- Why? Because of a careless disregard limited to Camp Ar Ramdi. Another ations and maintenance contractor fa- for the safety of our troops. whistleblower, Wil Granger, KBR’s cility maintenance records were in- We must stop the negligence and en- overall water quality manager for Iraq, complete and lacked specificity, pre- sure that U.S. contracts keep our sol- reported that there were deficiencies in cluding the identification and correc- diers safe. providing safe water in camps across tion of systemic maintenance prob- The story is not much better when it Iraq. lems.’’ comes to the water KBR has provided For example, Granger reported that We have paid KBR billions and bil- to our troops. water used for showering was not being lions of dollars, and this is what they Here in America, we tend to take disinfected. According to Mr. Granger, have given us in return. clean water for granted. We turn on the ‘‘This caused an unknown population It is tragic. It is wrong. And it has to tap and, with rare exceptions, clean to be exposed to potentially harmful stop. water flows out. water for an undetermined amount of In March of this year, DOD launched It is not that simple in a war zone. time.’’ an emergency effort to examine every The Federal Government entrusted Mr. Carter says it best: facility in Iraq to determine the scope to Halliburton subsidiary KBR the job Our men and women overseas deserve the of the problem. of providing our troops with clean, safe best our taxpayer dollars can buy, and it sad- The results of those inspections are drinking water. dens me to report that we’re falling short on disturbing. According to Task Force What the company supplied to our something as simple and essential as pro- Safety Actions for Fire and Electricity, troops, instead, was unsafe, unhealthy, viding them with clean, safe water. SAFE, of the 20,340 facilities main- and potentially dangerous water. If only KBR had seen it that way. tained by KBR and inspected imme- A basic necessity of life, a critical But our troops did not receive the diately, 6,935 failed the government in- commodity in the desert heat of the clean water supplies they deserved, spection and required major electrical Middle East, and KBR failed to get it even though KBR made its profits. repairs. right, even though we were paying Rape has long been outlawed as an Think about that for a moment. For them top dollar for the privilege of instrument of warfare. But for Halli- years, KBR has been making money serving our troops in harm’s way. burton subsidiary KBR, it has become

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.038 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10044 CONGRESSIONAL RECORD — SENATE October 1, 2009 an all too common occurrence. Too Certainly the perpetrators of these ated with the organization over the often, KBR employees have been the violent crimes should be held account- years. I don’t. I opposed it because we accused perpetrators, while the victims able for their criminal actions. These need a process to determine what the have been pressured to keep silent. women deserve justice. criteria are in terms of defunding an Dawn Leamon is one of my constitu- But KBR should not escape account- organization engaged in improper or il- ents. She is a 42-year-old paramedic ability for its actions. These women legal behavior. who hails from Lena, IL. She has two were brutally violated by KBR employ- Frankly, I don’t think a videotape on sons who have served as soldiers in war ees—by people whom KBR placed in TV is good enough justification. We zones. their orbit. need a process, and that is what this On February 3, 2008, she was working Rather than taking some measure of amendment is about. for Service Employees International, responsibility to help prosecute the The sad truth is, virtually every Inc., a foreign subsidiary of KBR. She crimes and comfort the women who major defense contractor has, for many was assigned to Camp Harper, a remote had been attacked, it looks like KBR years, been engaged in systemic illegal military base near Basra, Iraq. That attempted to hide the offenses and pun- and fraudulent behavior while receiv- night she was brutally raped and sod- ish the women for wanting to report ing hundreds and hundreds of billions omized by a U.S. soldier and a KBR col- them. Instead of being a champion for of dollars of taxpayer money. We are league. its employees, KBR perpetuated the not talking here about the $53 million After she reported the attack to KBR nightmare for each one of these that ACORN received over 15 years. We employees, she was discouraged from women. are talking about defense contractors reporting it to the authorities. She was It is time to hold this contractor ac- that have received many billions of told to keep quiet. countable and demand reforms to en- dollars in defense contracts and, year Later, when she spoke out, KBR sure employees are protected. after year, time after time, have vio- asked her to sign a nondisclosure That is why Senator CASEY and I of- lated the law, ripping off the taxpayers agreement. fered this amendment. I urge the Sen- big time. She bravely testified at a Senate ate to adopt it. In some instances, these contractors hearing in April of last year, telling The PRESIDING OFFICER (Mr. have done more than steal money from the story of this awful incident and the BEGICH). The Senator from Vermont. taxpayers. In some instances, they terrible treatment she suffered at the AMENDMENT NO. 2617 have actually endangered the lives and hands of KBR after the attack. Mr. SANDERS. Let me congratulate well-being of the men and women who Dawn testified at the hearing: Senator CASEY for that very good serve our country in the Armed Forces. I hope that by telling my story here today, amendment. I look forward to sup- Let me cite a few examples. Accord- I can keep what happened to me from hap- porting it. ing to the Project on Government pening to anyone else. Mr. President, I wish to say a few Oversight, a nonpartisan, widely re- Mary Beth Keniston testified at that words on amendment No. 2617, which is spected organization focusing on gov- same hearing in April 2008. Ms. pending, and talk about why I offered ernment waste, the three largest gov- Keniston worked as a truck driver for it. ernment defense contractors, Lockheed KBR, also in Iraq. She testified about This is a very important amendment. Martin, Boeing, and Northrop Grum- being raped in the cab of her truck by Everybody in the country is concerned man, all have a history riddled with a coworker who was the driver of a ve- that we have today a $12 trillion na- fraud and other illegal behavior. Com- hicle that was parked behind her tank- tional debt. Everybody is concerned bined, these companies have engaged in er as they waited one night to fill up that this year we will run up the larg- 109 instances of misconduct since 1995. with water from the Tigris River. est deficit in the history of the coun- This is going back to 1995, 109 instances Ms. Keniston reported the attack im- try. What that means is the taxpayers of misconduct, and have paid fees and mediately. But no one at KBR sug- rightfully and absolutely want to know settlements for this misconduct total- gested an investigation, referred her that the money we expend, whether it ing $2.9 billion. for medical treatment, or even offered is for defense, which is what we are dis- Let me repeat that. These three com- to escort her back through the dark to cussing this evening, whether it is for panies—Lockheed Martin, Boeing, and her quarters that night. housing, education, any other purpose, Northrop Grumman—have engaged in As Ms. Keniston testified at the hear- they want to know that every nickel of 109 instances of misconduct since 1995 ing: Federal dollars spent is expended as and have paid fees and settlements for I am in a war zone—and, I have to worry wisely and as cost-effectively as pos- this misconduct totaling $2.9 billion. about being attacked by my coworkers. sible. They also want to know that the Here is the kicker: Despite violating When Jamie Leigh Jones went to corporations and the institutions and the law time after time after time, de- Iraq in 2005, she surely did not expect the individuals who receive that Fed- spite being fined time after time after that the most serious threat she would eral funding are honest and trust- time, guess what the penalty has been. face would come from Halliburton-KBR worthy in terms of how they can ex- Here is what the penalty is. It is a coworkers. But that is exactly the pend those Federal dollars. That is pretty harsh penalty. In 2007, their threat she faced in Iraq in July 2005. what the people want, and they cer- punishment was $77 billion in govern- This young woman from Texas was tainly have every right to those expec- ment contracts. That is a pretty steep drugged and then brutally gang raped tations. penalty, I have to admit, $77 billion. by KBR employees while she was un- Several weeks ago, the Senate voted This is not ACORN. They were conscious. to prohibit any funding going to an or- defunded immediately because of a 2- Rather than support her after she re- ganization called ACORN. That deci- minute videotape. These are guys who ported the attack, KBR put her under sion was largely motivated by a video- time after time violated the law, guard in a shipping container with a tape which showed employees of ripped off the taxpayers, and their pun- bed, and warned her that if she left ACORN involved in an outrageous and ishment was in 2007, 1 year alone, not Iraq for medical treatment, she would absurd discussion with actors who were $53 million over 15 years but $77 billion be out of a job. posing as a prostitute and a pimp. in 1 year. Ms. Jones has formed a nonprofit or- Those employees, appropriately Based on a video on TV, we took ganization to support the many other enough, were fired for their outrageous away funding for ACORN. What are we women with similar stories. She re- behavior. My understanding is that going to do with the major defense con- ports that she has spoken to more than over a period of 15 years, ACORN re- tractors who have been found guilty in 40 women like herself, like Mary Beth ceived about $53 million to promote af- courts of law, not on a videotape, time Keniston, like Dawn Leamon. She says: fordable housing, encourage voter reg- after time? Part of the reason I am going forward with istration, and other things. I voted Let me give a few specifics so we this case is to change the system. Who against the ACORN resolution, not be- know what we are talking about. Lock- knows how many of us rape victims are out cause I condoned the behavior of these heed Martin, the largest defense con- there? employees or other problems associ- tractor in the country, has engaged in

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Since so many Here is the type of behavior we are not to perceive that this type of behav- other things are going on, not many talking about. According to the U.S. ior, this recurrent behavior, is sys- people here in the Senate seem to even Attorney’s Office, in 2008, Lockheed temic in the industry and it is part of be aware of the situation. Martin’s Space Systems Company paid the overall business model. Let me add, On June 28, then-President Manuel $10.5 million to settle charges that it what I describe now is what these com- Zelaya was removed from office and ar- defrauded the government by submit- panies have been caught doing. We do rested by the Honduran military, on ting false invoices for payment on a not know what they have done in orders from the Honduran Supreme multibillion-dollar contract connected which they have not been caught. Court, and in accordance with the Hon- to the Titan IV space launch vehicle The time is long overdue for us to get duran Constitution. program. According to the Department to the bottom of this situation. We owe Charged with crimes of both public of Justice, in 2003, Lockheed Martin that not only to the taxpayers of the corruption and abuse of power, Presi- paid $38 million to resolve allegations country but to the men and women in dent Zelaya was attempting to subvert that it fraudulently inflated the cost of our Armed Forces. the Honduran Constitution and install performing several Air Force contracts For that reason, I am proposing an himself as a dictator in the mold of his for the purchase of navigation and tar- amendment today under which the Sec- close friend Hugo Chavez. geting pads for military jets. retary of Defense would calculate the Within hours, the Obama administra- In 2001, Lockheed Martin paid $8.5 total amount of money that goes to tion made an uninformed decision to million to settle criminal charges that companies that have engaged in fraud call this constitutional process a it lied about its costs when negotiating against the United States, and then ‘‘coup,’’ despite no one at the State De- contracts for the repair and restoration make recommendations about how to partment or the White House having of radar pedestals installed in U.S. war- penalize repeat offenders. In other made a thorough review of the facts ships. words, they have to be held account- and the law. But in fairness to Lockheed Martin, able. It is absurd that year after year Instead, we simply follow the lead of we should be clear that they are not these companies continue doing the the Western Hemisphere’s most corrupt the only defense contractors involved same things—illegal behavior, fraudu- and anti-American tyrants: Fidel Cas- in fraud. Frankly, it is endemic in the lent activities—and year after year tro of Cuba, Daniel Ortega of Nica- industry. Boeing is the world’s largest they keep getting away with it, and ragua, and Hugo Chavez of Venezuela. aerospace company and the largest year after year they come back and The President sided with these thugs manufacturer of commercial jet liners they get hundreds of billions of dollars and against Honduras—a poor, loyal, and military aircraft. Since 1995, Boe- in Federal funds. and democratic friend of the United ing has either been found guilty, liable, I hope very much this study will re- States. or reached settlements in 31 instances ceive strong bipartisan support and To date, I am unaware of any provi- of misconduct and, as a result, paid $1.5 will be a first step in moving us for- sion in the Honduran Constitution that billion in fines, judgments, and settle- ward to cleaning up the world of de- was violated in Zelaya’s removal from ments. I am talking about real money. office, except perhaps removing him In 2000, according to the Department fense contracting. Mr. President, with that, I yield the from the country instead of putting of Justice, Boeing agreed to pay $54 floor. him in jail. million to settle charges that it placed The PRESIDING OFFICER. The Sen- The Congress, of Zelaya’s party, the defective gears in more than 140 CH– ator from South Carolina. Supreme Court, the Attorney General, 47D Chinook helicopters and then sold Mr. DEMINT. Mr. President, I ask the Supreme Electoral Tribunal, and the defective helicopters to the U.S. unanimous consent to speak as in the vast majority of the Honduran peo- Army. When one of the gears failed in morning business. ple support Zelaya’s removal. flight, it caused an Army Chinook heli- The PRESIDING OFFICER. Without The Honduran military has remained copter to crash and burn while on a objection, it is so ordered. at all times under civilian control. The mission in Honduras, and five service- HONDURAS November 29 elections remain on men aboard were killed. We are not E schedule. Interim President Roberto just talking about fraud; we are talk- Mr. D MINT. Mr. President, I want Micheletti is not on the ballot. The ing about activities which resulted in to take a few moments in the middle of the death of U.S. servicemen. the debate on the Defense appropria- nominees for the major political par- In a report made public this past tions bill to talk about a situation in ties are campaigning, and the coun- Tuesday, the DOD inspector reported Honduras and, maybe equally impor- try’s citizens are preparing for a free, that Boeing may have recovered $271 tant, a situation here in the Senate. fair, and transparent election. million in ‘‘unallowable costs’’ from Honduras has come to the attention If that does not sound like a coup to the government. That is this last Tues- of many Americans because of the you, you are not alone. Last month, a day. Still, Boeing received $24 billion change in government there and the thorough report—and I have it here— in Federal contracts in 2007. questions about whether this was done by the Congressional Research Service Finally, Northrop Grumman, the constitutionally. I had arranged a trip, found that the removal of Zelaya and third largest contractor, has a similar along with a few House Members, to go the actions of the Congress and Su- history, with 27 instances of mis- to Honduras and meet with officials preme Court were both legal and con- conduct totaling $790 million over the and find out more about the situation. stitutional—a very detailed evaluation past 15 years. It is not just the big Unfortunately, I found out this after- which apparently the administration three. On June 9, 2004, KBR overbilled noon that the chairman of the Foreign has not taken the time to see. There for dining facilities by at least 19 per- Relations Committee was blocking my was no coup. But the Obama adminis- cent, according to KBR’s own studies, trip, along with the State Department. tration, nevertheless, has cut off Hon- and it could be as high as 36 percent. As It is very concerning since no Mem- duras from millions of dollars of badly reported in its 2005 10–K, the govern- ber of the Senate has taken the time to needed United States aid. ment eventually agreed to withhold $55 go to Honduras, which is a very close The trip I planned—which is tomor- million from KBR. ally to this country, where we have a row—along with three Members of the United Technologies reached a settle- military base. And they certainly de- House of Representatives was to get to ment amounting to over $50 million. pend on our support. I have a growing the bottom of this so we could report A few weeks ago the Senate voted to concern of what appears to be intimi- back to the Senate and the House as to strip funding from an organization dation and bullying from our adminis- what was going on.

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.089 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10046 CONGRESSIONAL RECORD — SENATE October 1, 2009 Our trip met every necessary cri- He hardly deserves now to represent offer greater defenses against the teria. I have scheduled meetings with America in the largest country in threat of missile attack than the 2007 President Micheletti, the Supreme Latin America, at least without a de- European Missile Defense Program.’’ Court, and the leading candidates in bate and a vote. I will add, parenthetically that the next month’s Presidential election. I Mr. Valenzuela shares these posi- Europeans did agree and NATO did was going to meet with the business tions, even though he admitted at his agree to the deployment of ground- and civic leaders. confirmation hearing he was not up to based interceptors in Poland and the This afternoon, I was informed that date on the facts. radar in the Czech Republic. the Senator from Massachusetts, Sen- Unless and until the Obama adminis- The reality is more complicated than ator KERRY, chairman of the Foreign tration reverses its ill-informed and the President indicates. I have to say, Relations Committee, was blocking the baseless claim that Zelaya’s removal frankly, first, it is not clear this new trip. No reason was given, except that was a coup and also restores American approach will provide capabilities there were concerns at the State De- aid, I will continue to ask for a debate sooner. In fact, it does not appear to. partment. If I were the Obama State and vote on these nominees so we can Under the first phase of this new plan, which is essentially underway, Department, I would have concerns discuss the issue openly on the floor of the United States would defend our al- too, concerns the American people the Senate. lies against short-range threats by pro- might find out the truth about what we This country also needs to recognize viding ‘‘SM–3 Block 1A capable war- are doing to the Honduran people. the upcoming election, which has been ships when necessary for the protection To date, not a single Member of the going on. The campaign is open and of parts of Southern Europe.’’ That Senate has assessed the situation in transparent, but the Obama adminis- would mean we would deploy an Aegis Honduras firsthand, and the Obama ad- tration is threatening not to recognize cruiser armed with SM–3 missiles. But ministration refuses to allow Honduran the election, which is destabilizing the this is no different from what the pre- leaders and even private citizens to country and threatening to do more vious plan called for. To suggest that is come here to talk to us. What are they harm not only in Honduras but some new plan is inaccurate. To be afraid of? Are they afraid of the world throughout Latin America. This policy sure, even today, we have AEGIS ships discovering that their policy is based is confirming Hugo Chavez. It certainly with SM–3 missiles plying the waters of on a lie concocted by Hugo Chavez and is not confirming a constitutional form the Mediterranean, and Patriot units the Castro brothers? That we are back- of government. deployed in and around Europe for our ing a corrupt would-be tyrant? I look forward to reporting back to defense against short-range missiles. This administration is only too my fellow Members what I find in Hon- In phase 2 of this new plan, which is, eager—or at least seems to be too duras. I again thank MITCH C ONNELL M C we are told, going to be completed by eager—to talk to any anti-American for taking the initiative to make sure 2015, a more advanced version of the tyrant on Earth, but not even Members the trip is authorized. theater SM–3, the IB, would be de- of Congress may visit a loyal ally 3 With that, Mr. President, I yield ployed at sea and on land. Likewise, hours away. back. under the old plan, the IB missile I want to take this opportunity to Mr. INOUYE. Mr. President, I suggest would be deployed and fielded by 2015, thank the Republican leader, Senator the absence of a quorum. though perhaps not on land. But it had MITCH MCCONNELL, for stepping in and The PRESIDING OFFICER. The been discussed. In fact, the last budget authorizing the trip. He would like to clerk will call the roll. prepared by the previous administra- The legislative clerk proceeded to get to the bottom of this as well. tion called for an increase in the inven- The trip is back on, and I look for- call the roll. tory of THAAD and SM–3 missiles to ward to reporting back to the Senate Mr. SESSIONS. Mr. President, I ask over 440 missiles in the European area next week after my return. But this is unanimous consent that the quorum by 2015, 2016. an outrage, if not a surprise. For 8 call be rescinded. I have not seen any inventory projec- months, President Obama has circled The PRESIDING OFFICER. Without tion for this new plan, but I would be the globe, apologizing for America, ap- objection, it is so ordered. surprised to learn their numbers are peasing our enemies, and insulting our Mr. SESSIONS. Mr. President, I was significantly greater than what was friends. Meanwhile, the President has concerned to learn on September 17 of previously planned. In fact, the admin- spent more time lobbying for the the President’s decision to forgo the istration has not gotten off to a good Olympics and appearing on late-night deployment of 10 long-range, ground- start in this respect, as the fiscal year comedy shows than meeting with his based interceptors in Poland and a 2010 budget request includes no funding advisers about the troop surge in Af- radar site in the Czech Republic which for a new SM–3 or THAAD purchases. ghanistan. was designed for the defense of Europe This is the only budget year request we Apparently, the administration is and the United States against long- have been presented by the administra- upset with me because I am asking for range Iranian ballistic missiles. tion, and they are not requesting any a debate and vote on two nominations Just a few days ago, the Iranians new THAAD and any new SM–3 mis- they want for the State Department. demonstrated their determination, siles. Indeed, I was told today if I lifted my even after they agreed to meet with The administration’s request funds holds, the trip would be authorized by the United States, to deploy such a previous purchases of missiles but re- the Foreign Relations Committee. system by launching their top mid- quests not a single new interceptor The two nominees are Thomas Shan- range missile. That is not long from, of that would be deployed. By 2018, in the non, currently Assistant Secretary of course, a long-range missile. third phase of the new plan—2018, over State for Latin America, President The Senate Armed Services Com- 8 years from now—a newly developed Obama’s nominee to be Ambassador to mittee held a full committee hearing SM–3 block IIA missile would be added Brazil, and Arturo Valenzuela, cur- on the subject last week, and it did lit- to the inventory to protect all of Eu- rently an academic nominated to re- tle to quell my initial concerns and rope against intermediate-range Ira- place Shannon at the Latin American has, in fact, added apprehension about nian missiles—the kind of intermediate desk. the lack of specifics in the plan we are range the Iranians just tested Monday. I am asking for debate and a vote on hearing will now be employed. More This is by 2018. Mr. Shannon’s nomination because he important, the geopolitical implica- Under the old plan, the plan we have has supposedly been behind our policy tions of reneging on prior U.S. commit- been working on for quite a number of in Latin America in recent years. Our ments to key allies should not be un- years, this SM–3 IIA capability was mistakes in Honduras occurred on his derestimated. meant to complement the deployment watch, and with his advice. He was a With respect to the so-called ‘‘Phased of 10 ground-based interceptors in Po- Bush appointee, but I have a lot of Adaptive’’ approach, President Obama land, which would have provided pro- questions about what is going on in would have us believe that ‘‘this new tection for most of Europe and the Honduras. He supports the Obama aid approach will provide capabilities United States against long-range Ira- cutoff and the ‘‘coup’’ classification. sooner, build on proven systems, and nian missiles in the 2015 timeframe. In

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.092 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10047 other words, these 10 interceptors than the previous plan—which may ator LIEBERMAN, who throughout his would have been capable of protecting leave us with a gap in coverage in Eu- time in the Senate has maintained a all of Europe and the United States. If rope for at least 5 years if we were to superb understanding of national mis- a missile were launched from Iran move forward with the plan to develop sile defense as part of his duties on the aimed at hitting the United States, it this missile. So forgive me if I am not Senate Armed Services Committee. He would fly basically over Poland and buying into this. This plan sounds like is probably the most knowledgeable Central Europe. As a result, this would an excuse for giving up on the Euro- person in the Senate on that issue, and be a prime place to deploy a defensive pean site for the GBI. I think he shares some of my concerns. missile system. The ground-based in- The President also claims that his I thank the Senator for coming, and terceptor that would have been used approach is based on proven tech- I would be pleased to join with him in would have essentially been the same nology—the assumption being, perhaps, an amendment that could improve our missile we currently have deployed in that the previous plan was fraught situation today. I will be glad to yield Alaska. Our Presiding Officer, Senator with technological risk. Again, that to my colleague. The only thing I see BEGICH, has been very engaged in that, claim is not correct. new in this plan is the abandonment of and I know we both are concerned to The administration argues that its the Polish site, the ground-based inter- see the number of interceptors planned approach to providing defense of Eu- ceptor, which indeed is capable of for that site being reduced. The key rope with SM–3 block IIA, and ulti- knocking down a missile from Iran. difference in the missiles is that our mately augmented with this IIB sys- Mr. President, I yield the floor, and I interceptors in Alaska and California tem in 2020, is based on proven tech- would be pleased to hear Senator are three-stage missiles, while two- nology of the currently deployed SM–3 LIEBERMAN share some of his thoughts. stage missiles would be used to fit our IA missile. Well, that is just not accu- The PRESIDING OFFICER. The Sen- needs in Europe. rate. The SM–3 that would be effective ator from Connecticut. Finally, the new plan would call for against an ICBM is much larger in di- Mr. LIEBERMAN. I thank the Chair, the development of IIB missiles by 2020, ameter. It is an entirely new missile. and I thank Senator SESSIONS, my col- which would ‘‘further augment the de- Just because the SM–3 is performing league from Alabama, for the state- fense of the U.S. homeland from poten- very well for theater defense doesn’t ment he made and for his leadership on tial ICBM threats.’’ That is what they mean they can build an entirely new this issue. I am proud to join with him are telling us would happen. But I have SM–3 and it is going to be as effective. and a number of Senators—Senators been around here a while, and we don’t I assume they could, and move forward BAYH, MCCAIN, INHOFE, VITTER, KYL, have this SM–3 IIB missile even on the with it, but it is not a sure thing. and BENNETT—to introduce this amend- While I have confidence in the ability drawing board. They just conjured up ment. of the SM–3 missile to eventually this idea a few days ago—at least that Mr. President, has the amendment evolve into an ICBM interceptor, I is the first I have heard about it. So we actually been called up? would note that the two-stage GBI in- have to build this new missile—not The PRESIDING OFFICER. It has tended for Poland is also based on prov- build on the one we have already em- not. en technology of the three-stage GBI placed in Alaska and are building now, AMENDMENT NO. 2616 now deployed in Alaska and California, Mr. LIEBERMAN. Mr. President, I but build a whole new missile. That which, according to General Cart- will take 10 years. And who is to say ask unanimous consent to set aside the wright, has a 90-percent probability of pending amendment and call up the Congress will be faithful to this 10- intercepting a rogue missile—presum- year plan? I will tell you one thing: amendment No. 2616. ably coming in from North Korea. The PRESIDING OFFICER. Is there President Obama will not spend a dime This is a great system. We have in- of his money on it. This is in the dis- objection? vested decades of effort in it, over 20 Without objection, it is so ordered. tant future. That worries me because years. Thirty-plus years have gone into my experience is that plans like this The clerk will report. developing an antimissile system. We The bill clerk read as follows: don’t always come to fruition. When have finally got it so that we have a 90- you abandon a proven technology, that The Senator from Connecticut [Mr. percent chance of having one of these LIEBERMAN], for himself, and Mr. SESSIONS, we are almost ready to deploy now, interceptors—knockdown, hit-to-kill proposes an amendment numbered 2616. after some hope in the future, this technology—in space over the Pacific Mr. LIEBERMAN. Mr. President, I makes me nervous. Ocean to obliterate an incoming mis- ask unanimous consent that further The two-stage GBI intended for Po- sile. We have the radar system de- land in the old plan would have been reading of the amendment be waived. signed to pick up these missiles on The PRESIDING OFFICER. Without fielded by 2015, 5 years earlier than this launch, to track them, and to guide the objection, it is so ordered. vision of a IIB, if the ratification of all missile into that kill system. The amendment is as follows: the agreements had occurred and we It is certainly questionable to me pushed for that. The 2015 date is impor- (Purpose: Relating to the two-stage ground- whether the SM–3 block II variant, based interceptor missile) tant because Iran may have, by then, which requires new boosters and a new At the appropriate place, insert the fol- long-range missiles capable of reaching kill vehicle, is less technologically lowing: all of Europe and the United States. risky than a two-stage GBI, which is SEC. ll. (a) FUNDING FOR TWO-STAGE In March of this year, General scheduled for flight testing in the com- GROUND-BASED INTERCEPTOR MISSILE.—Of the Craddock, then-commander of U.S. Eu- ing years. amounts appropriated or otherwise made ropean Command, testified before Con- Finally, the President contends that available by this Act for a long-range missile gress, his approach would offer greater de- defense system in Europe, or appropriated or By 2015, Iran may also deploy an inter- fense than the previous approach. Here otherwise made available for the Depart- continental ballistic missile capable of he assumed the old approach included ment of Defense for a long-range missile de- fense system in Europe from the Consoli- reaching all of Europe and parts of the only 10 ground-based interceptors in United States. dated Security Disaster Assistance, and Con- Poland and that his new approach tinuing Appropriations Act of 2009 (Public That was his testimony, given under would provide more theater defense on Law 110–329) and available for obligation, oath. land and on sea. $151,000,000 shall be available for research, In May of this year, 2009, an unclassi- I would just say that this bothers me development, test, and evaluation of the fied intelligence report issued by the because that has never been our plan. two-stage ground-based interceptor missile. National Air and Space Intelligence Our plan always has been to emplace (b) PROHIBITION ON DIVERSION OF FUNDS.— Center stated: ICBMs or theater missiles in Europe, as Funds appropriated or otherwise made avail- able by this Act for the Missile Defense With sufficient foreign assistance, Iran well as the 10 interceptors in Poland Agency for the purpose of research, develop- could develop and test an ICBM capable of that would protect us from a rogue at- ment, and testing of the two-stage ground reaching the United States by 2015. tack from a country like Iran, which based interceptor missile shall be utilized In the final analysis, it is not clear seems determined to do this. solely for that purpose, and may not be re- that the new plan will field capabilities So this is where we have been. And I programmed or otherwise utilized for any any sooner—and indeed it appears later am pleased to see my colleague, Sen- other purpose.

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.094 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10048 CONGRESSIONAL RECORD — SENATE October 1, 2009 (c) REPORT.—Not later than February 1, build redundancy into equipment, for not. That is serious stuff. That is why 2010, the Director of the Missile Defense instance. I was up at the Sikorsky heli- I am disappointed by the decision that Agency shall submit to the congressional de- copter manufacturing facility in Strat- was made. fense committees a report setting forth the ford, CT, a little while ago. They are I want to explain a little more about following: (1) A comprehensive plan for the continued building a new model of helicopter. how the administration has dealt with development and testing of the two-stage There are three or four levels of redun- that concern about America’s home- ground-based interceptor missile, including a dancy in that system, in that single land and what I think we can do about description how the Missile Defense Agency helicopter. Why? So if one element it. They have proposed—there is a lot will leverage the development and testing of breaks down, there are two or three of technical language here; let’s see if I such missile to modernize the Ground-based other elements that will keep it going can do it without confusing every- Midcourse Defense component of the bal- for the protection of our American body—that they would eventually de- listic missile defense system. velop—they have this SM–3 missile de- (2) Options for deploying an additional military inside that helicopter. Ground-based Midcourse Defense site in Eu- In the same way, if an interconti- fense system that will be the basis of rope or the United States to provide en- nental ballistic missile is fired in 2015 the alternative to the Polish-Czech de- hanced defense in response to future long- toward the United States of America, fense, and that will be good for Europe range missile threats from Iran, and a de- we have one line of defense. and the Middle East. But the adminis- scription of how such a site may be made My friend from Mississippi, Senator tration knows it leaves America with- interoperable with the planned missile de- COCHRAN, is here. I remember so well out that second line of defense to a fense architecture for Europe and the United when he and I in the decade of the 1990s missile attack. So they are proposing States. were trying to convince our colleagues to build block IIA and Block IIB inter- Mr. LIEBERMAN. Mr. President, this to invest some money in developing a ceptors as part of this so-called SM–3, bipartisan amendment is both a re- ballistic missile defense system. People advanced developments of that system sponse to the administration’s decision said two things: No. 1, we were getting which, they argue, could protect the to cancel the ground-based midcourse carried away with our fears and, No. 2, United States of America from a long- missile defense system that was going even if it was something to be con- range missile fired from Iran. to be in Poland and the Czech Republic cerned about, it was impossible to de- The problem is the Block IIA and IIB and the subsequent decision of our velop a ballistic missile defense sys- of this SM–3 missile do not exist. They friends and colleagues on the Appro- tem. I remember people said we are are on paper. General Cartwright ac- priations Defense Subcommittee to talking about trying to hit a bullet knowledged so much in testimony to withdraw a significant amount of with a bullet. us. The ground-based interceptor that money that the administration has Well, by God, American military, was going to go into Poland exists. It said it still wanted to be preserved for American innovation, American enter- has been manufactured. It was sched- the ground-based interceptors; that is, prise, American manufacturing have uled to go into testing this year. In the the interceptors that would have been done it. We now have two ground-based proposal the administration has made, launched from Poland at a missile pre- missile defense systems, one in Alaska, they say the SM–3 Block IIA, the first sumably from Iran headed toward Eu- one in California, to protect the Amer- one that could possibly defend the rope, the Middle East, or particularly ican homeland from ballistic missile United States, will not be available toward the United States. attack. until 2018, at the earliest. The Block Let me explain some background But we need redundancy. Just like IIB, even more sophisticated, will be here as quickly as I can. the pilot and the crew in that Sikorsky available in 2020 at the earliest. I was disappointed by the helicopter need redundancy in that hel- Let me try to explain through a administrations’s decision to cancel icopter in case one of the lead systems quote what worries me about that. Ear- the planned deployment of this missile goes, we want to know they have lier this year, in testimony before the defense system to Poland and the backup. If a missile is headed—well, Armed Services Committee, the then- Czech Republic. This system would probably with a nuclear weapon on it— commander of our European Command, have provided our European allies and toward the United States of America, I the Supreme Allied Commander in Eu- others with a first line of defense think we want some redundancy. We rope, Bantz Craddock, stated this: against short- and medium-range bal- want more than one line of defense to By 2015 Iran may also deploy an interconti- listic missiles that Iran already pos- protect our people and our country. nental ballistic missile capable of reaching sesses and could fire at our allies in the Right now we just have that system in all of Europe and parts of the United States. region and in Europe. But the point I California and Alaska. I know that is not a hard prediction, want to focus in on here is that the—I The ideal here, according to the peo- but that is the range that most people am going to call it the GMD—it is the ple who think about this, is to have in the intelligence community, the ground-based midcourse missile de- what they call a ‘‘shoot look and military community, give, that some- fense system, the GMD for Poland and shoot’’ defense. A missile is fired from time in the middle of the next decade, the Czech Republic would also have Iran. We gauge that it is heading to- maybe a little later, the Iranians will provided a layer of what the military ward the United States. The plan for have a long-range ballistic missile that missile experts call redundancy for the the ground-based system in Poland and can hit the United States of America. defense of the United States against an Czechoslovakia is we have our first Look, they can do better than that intercontinental ballistic missile fired shot at that missile heading toward us and may surprise us. We have been sur- from Iran at us. This is not just sort of from Poland. Then we look. If we prised before by the ballistic missile pie-in-the-sky kind of hyperanxiety, missed it, we have a second oppor- capabilities of our adversaries. The imagination. We know that Iranians tunity to knock it down from Cali- North Korean Taepodong test of 1998 are developing long-range ballistic mis- fornia or Alaska. comes to mind, of course, an unfortu- siles and, as I will mention in a mo- Unfortunately, the alternative sys- nate instance in which the North Ko- ment, experts predict they will have tem the administration has chosen, rean Government tested a long-range that capacity by the middle of the next which has many positive aspects to it missile 7 days after our intelligence decade, 2015. for the defense of Europe and the Mid- community concluded that North The Polish-Czech system would have dle East from Iranian short- and me- Korea was another 3 years away from provided, in addition to a defense of dium-range missiles, leaves most of the having that capability. Europe, a redundant defense of the United States without that second shot One of the reasons the administra- United States. What does redundancy at that incoming missile. tion has given for this change to the mean in this case? It means we have I do not have pictures with me from SM–3 defense is that it provides a more than one line of defense to pro- a report that the Congressional Budget quicker, better defense for Europe and tect us. Those of us who are privileged Office did, a diagram, but the eastern the Middle East to short- and medium- to serve on the Armed Services Com- part of the United States would have a range missiles, and the administration mittee or Appropriations Committee redundant defense but everything pret- concludes the Iranians are making and others know our military tries to ty much west of the Mississippi would more progress more quickly on those

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.044 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10049 two, short- and medium-range missiles, tems, the missile defense systems selves. It comes from great experience than we thought they would. If they against an Iranian threat. over a number of years, both on the are making progress on the short- and Here is the problem. Despite this ad- technical matters of missile defense medium-range missiles more quickly ministration’s statements of support and on the geopolitical threats this Na- than we thought they would, they for continued development and testing tion faces. I certainly value his opin- might also make progress more quick- of the two-stage ground-based inter- ion. ly on the long-range missile that could ceptor, the Defense appropriations bill I would share one thought with my hit the United States of America. before us has reduced funding for that colleagues. I hope my colleagues will Here is what I am worried about. I program by $151 million. understand this. What happened in this understand these are not exact num- I gather the Department of Defense year’s budget request was a major shift bers. By 2015, according to General has already appealed this reduction, ar- from a very long lead plan to develop a Craddock, Iran may have a long-range guing that it would force the cancella- very robust missile defense system. ballistic missile that could hit the tion or postponement of a pair of two- We can disagree about some of the United States of America. At the ear- stage GBI tests soon, and that losing details of this or that. But let me give liest the SM–3 Block IIA missile, to this funding could render the entire some examples of what has occurred: In give some protection, second line of de- ground-based mid-course defense sys- this year’s budget request, the Presi- fense to that missile, will not be avail- tem less effective. dent canceled the Kinetic Energy In- able until 2018 at the earliest. Remem- Now comes the amendment Senator terceptor, the KEI. It was a high-speed ber, this is now a paper missile. It has SESSIONS and I and our cosponsors have missile that would be less expensive not been built, let alone tested. You offered, which would restore the fund- and have great capability, particularly have 3 years there, and probably more, ing by allowing the Missile Defense in the ascent-phase of an attack where there will be a ballistic missile Agency to access no less than $50 mil- against the United States. The presi- defense gap in which Iran could fire at lion and up to the original $151 million dent’s budget zeroed that out. We have us and only have to get by the ground- of funds provided in fiscal year 2009– been working on that for quite a num- based missile defense systems in Alas- 2010 Defense Appropriations Act for a ber of years. ka and California. long-range missile defense system and I think the administration, as testi- use those funds to support the contin- They also are working toward and mony went on, understood our concern ued development and testing of the doing research on an MKV, a Multi Kill about that. In fact, when the Secretary two-stage ground-based interceptor. Vehicle, in which you can put on a sin- of Defense Gates and General Cart- The amendment would also fence fund- gle ground-based interceptor booster wright rolled out the administration’s ing for the two-stage program to pro- three or more kill vehicles, that could new architecture for missile defense, tect it from being reprogrammed and knock down multiple missiles or de- canceling the Polish-Czech program require a report detailing specific op- coys. The budget zeroed that out. and going to the new system, one of tions for how the two-stage GBI can be We had a plan we have been devel- the points General Cartwright empha- used to enhance the defense of the oping for a number of years to develop sized was that the administration United States against the emerging an airborne laser, have a laser on an would continue to develop the two- threat of Iranian long-range missiles. airplane that can fly in an area where stage ground-based interceptor, the one Bottom line, this acknowledges on you may expect a launch to occur. It that was supposed to go in Poland. He my part the disappointment at the de- does not have to be very close but in continued: cision the administration has made. It the region. They catch a missile in the Those tests are funded, and will continue, doesn’t try to turn it around, but says boost phase. The laser can hit it and so we will have two ways to address this OK, under the new administration pro- knock it out of the sky. It is a remark- threat. gram we are going to do at least as able capability. That has been debated, The following week Under Secretary good, maybe a little better, at pro- I will admit, but it has been funded for of Defense for Policy Michele Flournoy tecting Europe and the Middle East, a number of years. It will be tested this testified before the Senate Armed but we are going to do worse at pro- year. Services Committee and she also ex- tecting the United States of America pressed a commitment to continue to The Defense Department expects that from a long-range missile, which the develop this two-stage ground-based in- test to be successful. We did have Iranians particularly are working so terceptor. Presumably the thought is it enough money, or there was enough hard to develop. So let’s at least keep could be located at another site in Eu- money in the bill to at least test it. testing this missile we have got, the rope or perhaps somewhere on the east But after that, zeroed out. No funding ground-based interceptor, as a hedge so coast of the United States of America, for ABL. we are ready in case these other alter- to give that second line of defense to So what about our ground-based natives don’t work, to put it in the our entire country. interceptors and GMD system that we Secretary Flournoy said when they ground in Europe or perhaps in the east have been working on for 30-plus years, were discussing the canceling of the coast of the United States to give the spent over $20 billion on, that was European missile defense program, American people the two lines of de- planned to implant 44 interceptors in Secretary Gates ‘‘had to be convinced fense they deserve against an Iranian Alaska—most of them in Alaska and of a couple of things.’’ Those are her long-range missile, and thereby to some in California? That has been cut words, namely that ‘‘we could still’’—I close what will now be a ballistic mis- from 44 to 30. sile defense gap for the United States am quoting Secretary Flournoy—Sec- What about the plan to deploy 10 in of America that will otherwise develop retary Gates wanted to know that: Poland and Europe to give us redun- in the middle of the next decade and go we could still defend the United States dancy and protect Europe? Zeroed out. homeland should an Iranian ICBM threat de- on, in my opinion, for at least 3 years. Again, I thank Senator SESSIONS. It So this is not just a little nibbling velop earlier than what was predicted [and] away in missile defense. This is an er- that we should have technical options should is always a pleasure to work with him. the development of later Blocks . . . of SM– This is complicated stuff. But it is the roneous policy that makes me nervous. 3 missile, either fail or be delayed. heart of our national security in the Because we have a system that is ready That is exactly what we have been next decade. I hope my colleagues will to go forward. We stop it. We promise talking about. support our amendment. we are going to have a new system out In response to these requirements, I yield the floor. here 10 years from now. There’s many a Secretary Gates told his staff—again I The PRESIDING OFFICER. The Sen- slip twixt the cup and the lip. I am not quote Secretary Flournoy: ator from Alabama is recognized. sure whether we will ever get that done we are going to continue the development of Mr. SESSIONS. Mr. President, I waiting on some new system to come the 2-stage ground-based interceptor as a would like to say how much I have en- along. technological hedge— joyed the clarity and integrity with As Senator LIEBERMAN noted, the ad- against the failure to adequately de- which Senator LIEBERMAN has stated ministration requested $151 million to velop these alternative long-range sys- the situation in which we find our- be obligated for a long-range missile

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.096 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10050 CONGRESSIONAL RECORD — SENATE October 1, 2009 defense system in Europe. They re- come to the floor and offer this amend- will leverage the development and testing of quested that that money be used for re- ment. I like to respect our committees. such missile to modernize the Ground-based search and development and testing of It is important. However, the concerns Midcourse Defense component of the bal- listic missile defense system. this two-stage system. Senator LIEBERMAN and I have ex- (2) Options for deploying an additional This amendment that Senator plained today are why we felt it nec- Ground-based Midcourse Defense site in Eu- LIEBERMAN and I have proposed would essary to do so. rope or the United States to provide en- prohibit the diversion of that away The PRESIDING OFFICER. The Sen- hanced defense in response to future long- from what the Obama administration ator from Connecticut. range missile threats from Iran, and a de- initially requested and to require it to Mr. LIEBERMAN. Mr. President, I scription of how such a site may be made be spent on the two-stage GBI, includ- am pleased to say to my friend from interoperable with the planned missile de- ing options for deployment in Europe Alabama that the leadership, the man- fense architecture for Europe and the United States. and elsewhere. So why is it necessary? ager of the bill, Senator INOUYE, has Well, the mark we are dealing with on agreed, if we modify the amendment as Mr. LIEBERMAN. I thank the Chair the floor today cuts the $151 billion we had agreed to modify it to say: Not and suggest the absence of a quorum. from the BMD test and targets pro- less than $50 million, and up to the $151 The PRESIDING OFFICER. The gram element, and, though the lan- million could be available for research, clerk will call the roll guage itself does not expressly target development, test, and evaluation of The bill clerk proceeded to call the this cut against testing for the two- the two-stage ground-based interceptor roll. stage GBI, the Missile Defense Agency missile, that the committee would ac- The PRESIDING OFFICER. The Sen- understands this is what the Senate cept our amendment by voice vote—if ator from Pennsylvania. Appropriations Committee intends. that is OK with my friend from Ala- Mr. CASEY. I ask unanimous consent Hence, they have submitted to us an bama. that the order for the quorum call be appeal letter and asked us not to do it. Mr. SESSIONS. I thank Senator rescinded. The PRESIDING OFFICER (Mr. BEN- MDA argues this cut will require can- LIEBERMAN. I have confidence in the cellation of fiscal year 2010 testing ac- chairman and the ranking member on NET). Without objection, it is so or- tivities related to two planned two- that committee. Of course, it is not dered. Mr. CASEY. Mr. President, I ask stage GBI flight and intercept tests. much different than what the mark is unanimous consent to speak as in We have proven the technology of the today. It is below what President morning business. three-stage interceptor. Therefore, it is Obama requested. I think he has un- The PRESIDING OFFICER. Without simpler to have a two-stage one. We wisely cut too much already from De- objection, it is so ordered. have to test it and develop it. fense. So I am uneasy about it. Such a cancellation, as occurs in this But I am being a practical person, AFGHANISTAN AND PAKISTAN bill, will also impact data collection and knowing my colleagues would like Mr. CASEY. I rise tonight, as we con- applicable to the three-stage GBI re- to go home, Senator LIEBERMAN, I tinue work on this Defense appropria- quiring further testing in the future at think that is maybe something I would tions bill, to talk about the challenges additional costs. agree to. Perhaps you and I could talk we face in Afghanistan and Pakistan Reduced funding would increase, briefly if we have a quorum call. and will be sharing some thoughts to- risk, and delay the proving out of the Mr. LIEBERMAN. I am glad to do night which I know are consistent with two-stage GBI avionics capabilities re- that. But at the moment, I ask unani- a lot of the concerns that have been ex- quired for the European component and mous consent that we modify our pressed over the last couple days and future three-stage avionics capabili- amendment with the changes that I be- weeks and months about the policy ties. Slowing the development and test- lieve are at the desk at this time. going forward and what we confront as ing of the two-stage GBI is incon- The PRESIDING OFFICER. The a country when it comes to both the sistent with the administration’s in- amendment is so modified. strategy going forward with Afghani- tent to continue such development as a The amendment (No. 2616), as modi- stan and Pakistan. hedge against developmental problems fied, is as follows: As we do in any conflict, with any threat, we face the grave question of for the SM3 Block IIa and IIB, the ones AMENDMENT NO. 2616, AS MODIFIED that are intended in the distant future war and what will happen to our mili- At the appropriate place, insert the fol- tary strategy, what we will ask of our for Europe. lowing: troops, what we will ask of the Amer- So General Cartwright, our com- SEC. ll. (a) FUNDING FOR TWO-STAGE mander in Europe, has indicated, by GROUND-BASED INTERCEPTOR MISSILE.—Of the ican people, both in terms of our blood 2015, this would be a potential threat amounts appropriated or otherwise made and treasure, as well as what is the against the United States. That is why available by this Act for a long-range missile strategy going forward. we have offered this language. I believe defense system in Europe, or appropriated or I think when we confront the grave it is the right thing to do, to keep this otherwise made available for the Depart- question of war, we have to get it program at least ongoing and not to ment of Defense for a long-range missile de- right. I believe the stakes are higher fense system in Europe from the Consoli- waste the effort we have expended so with regard to Afghanistan and Paki- dated Security Disaster Assistance, and Con- stan than they were even in the con- far and complete the testing of the tinuing Appropriations Act of 2009 (Public GBI, which can also be used in the Law 110–329) and available for obligation, flict we waged in Iraq. I believe the United States as part of a layered de- $151,000,000 shall be available for research, stakes are higher for our national secu- fense against incoming missiles also. development, test, and evaluation of the rity. So we have no choice but to get it In the appeal submitted to the com- two-stage ground-based interceptor missile. right. And when I say ‘‘we,’’ I think mittee from the Department of De- (b) PROHIBITION ON DIVERSION OF FUNDS.— there is a lot of discussion, debate, and fense, they note this language: Funds appropriated or otherwise made avail- focus on President Obama and his ad- able by this Act for the Missile Defense Cancelling fiscal year 2010 activities for ministration. That is appropriate be- Agency for the purpose of research, develop- cause he is the Commander in Chief. these tests would have a major impact on ment, and testing of the two-stage ground the test program and on data collection ap- based interceptor missile shall be utilized But there is probably not enough dis- plicable to two-stage and three-stage ground- solely for that purpose, and may not be re- cussion about what the Congress is based interceptors and associated M&S. programmed or otherwise utilized for any going to do, what this Congress should So they say it would have a major other purpose. do or not do and, in this case, what the impact on the program and the admin- (c) REPORT.—Not later than February 1, Senate should do or should not do. I istration has asked us to keep it. That 2010, the Director of the Missile Defense think we would be better off spending is the purpose of this amendment. I Agency shall submit to the congressional de- our time focusing on a substantive and was hoping we could reach some sort of fense committees a report setting forth the thorough debate in the Senate rather following: accord that we could work on with the (1) A comprehensive plan for the continued than just pointing a finger at the committee. I am not sure we have been development and testing of the two-stage President, the administration, and say- able to do that at this stage. But the ground-based interceptor missile, including a ing: They have to do this or the Presi- matter is important. I hate to have to description how the Missile Defense Agency dent must do this.

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.098 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10051 It is important, when we talk about tremendous and thorough overview of Pakistan and the threats that come getting this policy right, that the Sen- what is happening on the ground, the across the border from Pakistan into ate gets it right. If the Senate puts the threat to our national security as he Afghanistan, threats that involve al- time in to debate and discuss these sees it, also a review not only of the Qaida or other extremist or insurgent critical issues—and there is a lot to do military strategy and the military groups that have some loose confed- in a rather short amount of time. I be- challenges but the nonmilitary as well. eration with or connection to al-Qaida lieve the President should be given a Sitting at the same table with Gen- and threaten our national security, reasonable amount of time to review eral McChrystal were distinguished threaten the security of the Afghan this policy. Americans who are serving us in non- people, and even threaten the security As we know, he set forward a strat- military capacities—the Department of of the Pakistani Government. These egy this past spring, in March, our pol- State, the USAID, the Department of are very difficult challenges we face. icy with regard to both Afghanistan Agriculture, all kinds of help from var- They do involve our national security. and Pakistan. If you remember how he ious Federal Government agencies that We have to get it right with regard to articulated the mission, he talked involve the other part of counterinsur- what we do in Afghanistan as well as in about defeating al-Qaida, disabling and gency, not only the military campaign. Pakistan. dismantling al-Qaida, and he talked a Obviously, we have to do more than I mentioned before there were a num- lot in his remarks about Pakistan, that. General McChrystal, like many of ber of Senators in both parties who about what would happen with regard his predecessors, is doing everything he have been trying to begin and amplify to our strategy in Pakistan. can to get this right. the debate. I happen to be a member of But I believe there has not been I, like others, have reviewed his clas- the Foreign Relations Committee. Our today in the Senate anything ap- sified report. We have heard him give a chairman, Senator KERRY, has had a proaching a full and robust and thor- summary of the strategy. It is very im- number of hearings on various aspects ough and substantive debate about portant that we weigh those consider- of this policy, not only going back the what we are going to do going forward ations and weigh that assessment seri- last 2 or 3 weeks but going back in Afghanistan or Pakistan. I hope peo- ously going forward. General months. That informs this debate. ple on both sides of the aisle, when we McChrystal’s report is one of the Chairman KERRY has shown great lead- begin this debate—we have done some things we have to weigh. We have to ership on these issues as well as broad- of it; we need to do a lot more—that we weigh a lot of other things as well. We er national security issues. don’t just dust off talking points from have to listen to experts within our Chairman LEVIN gave a speech re- the war in Iraq, that we don’t just dust government and outside, experts with- cently that laid out a thoughtful ap- off or employ sound bites. There is a in the administration, experts in the proach. He talked about building up time and place to use sound bites and Congress. The Senate is made up of so the Afghan Army and the National Po- discussions and debates. But if we are many Senators who have long records lice prior to a serious consideration of going to get this policy right, it is not on foreign policy as well as national se- additional troops. He wants to accel- going to be a Democratic solution or curity and making sure we get this erate, as we all do, the building up of strategy only, and it will not be a Re- right. Some are Democrats, some are the Army and Police in Afghanistan publican solution or strategy only. We Republicans, and some are Independ- and maybe in a much shorter time- have to get it right. That means we ents. I will draw upon, as we all should, frame. That is critically important. We have to do a lot better than we did that experience. I will talk more about have to spend a lot more time talking when it came to the debate before and that in a moment. about and debating and informing our- during the war in Iraq, which is still a One thing stressed by General selves about how best to accelerate the conflict that is ongoing, even as we McChrystal—and it has been stressed training of the Afghan Army and Po- draw down troops. We have to have a by President Obama and the adminis- lice. Chairman LEVIN, as well, has much better debate in the Senate on tration and should be stressed by us—is shown, through his leadership of the Afghanistan and Pakistan than took this policy, this strategy going forward Armed Services Committee, how im- place here with regard to Iraq. That is in Afghanistan has to involve a couple portant these issues are. an understatement. Sound bites will of basic elements. It obviously has to On the other side of the aisle, I read not do it. Political rhetoric and posi- involve and be focused on security. a Wall Street Journal piece recently by tioning will not do it because that is That is essential, obviously. But in ad- JOHN MCCAIN, ranking member of the not a full debate. dition to security and the military Armed Services Committee, Senator In short, what we have to do—the ad- challenge, we also have to be concerned LINDSEY GRAHAM, and Senator ministration has to do it, but we have about governance. And we are con- LIEBERMAN. We have to consider those to do it as well—in the Senate is get cerned about the results of the elec- points of view, not just in that op-ed the strategy right and debate the strat- tion. We are concerned about whether but in other discussions and debates on egy before we have a long debate about President Karzai is doing what he the Senate floor. resources. That is critically important. needs to do to govern his country, to As I said before, there will not be one I know there are a lot of people in have a strong judiciary, to deliver serv- party that is going to solve this. There Washington who want to focus on one ices to his people, to make sure the is not going to be one party to imple- or two issues and make it simple—you people of Afghanistan have confidence ment a counterinsurgency strategy be- are either for or against this or that. in his leadership. cause when it comes to war and when We have a long way to go. We have not So we have to be concerned about se- it comes to the nonmilitary challenges had a debate about strategy. We have curity and governance but also, third- we have that are connected to a war or had a lot of discussion and coverage of ly, development, what is going to hap- a campaign, there is not a Democratic resources, be they troops or other re- pen on the ground. A lot of people or Republican way to fight a war. sources, military or nonmilitary. We working as part of provisional recon- There is only an American way. We have not had a discussion about the struction terms, so-called PRTs, are need an American solution. We need a strategy. We have to do that first— doing great work on the ground. It is kind of consensus that we may not strategy before resources. not in the newspaper very often. It is need on some other issues, but on this I had the opportunity, as many of our not heralded like a battle is or like a one, to get it right, we are going to colleagues did in the summer, in Au- controversy might be, but that is part need both parties. And we will need the gust, to go to both Afghanistan and of building up communities throughout support of the American people to get Pakistan for a limited period. But even the country in Afghanistan so people it right. in a short amount of time, one can can take control of their own lives, Finally, let me say one more word learn a lot—2 days in Afghanistan, 1 take control of their own communities, about why we are doing this, why we day in Pakistan. One of the highlights and take control of their own security should have a thorough debate going of my visit to Afghanistan, after hav- and their own future. forward, why it is important we spend ing been there in May of 2008, was the We also had a chance to talk at a lot of hours here, not just on the briefing from General McChrystal, a length about what is happening in floor of the Senate but in hearings and

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.099 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10052 CONGRESSIONAL RECORD — SENATE October 1, 2009 discussions and briefings with various ered made and laid upon the table en 398; 114 Stat. 1654A–262) upon the release of experts who come before us, and to bloc; that no amendments be in order the nuclear posture review to succeed such thoroughly question and ask the tough to the amendments included in this nuclear posture review. questions of the administration. agreement; further, that if there are AMENDMENT NO. 2614 I was glad we voted today on a list of modifications to any of the listed (Purpose: To make available from Operation administration officials we want to amendments, then the amendment be and Maintenance, Defense-Wide, $15,000,000 come before the Senate after the Presi- for implementation of the Military and modified and agreed to, as modified: Overseas Voter Empowerment Act) dent makes fundamental determina- Nos. 2563, 2585, 2617, 2559, 2562, 2568, 2614, At the appropriate place, insert the fol- tions about this policy. Once he has and 2615; and further that amendment lowing: made a decision, then we should have a No. 2569 be withdrawn. SEC. ll. Of the amount appropriated or series of hearings where we can cross- The PRESIDING OFFICER. Is there otherwise made available by title II under examine not only General McChrystal objection? the heading ‘‘OPERATION AND MAINTENANCE, and the underpinnings of his policy but Without objection, it is so ordered. DEFENSE-WIDE’’, up to $15,000,000 may be so many others in the administration, The amendments (Nos. 2563, 2585, available for the implementation by the De- a very strong administration, I would 2617, and 2559) were agreed to. partment of Defense of the responsibilities of argue, on foreign policy and national The amendments (Nos. 2562, as modi- the Department under the Military and Overseas Voter Empowerment Act and the security. I will not go through all the fied; 2568; 2614; and 2615) were agreed to, amendments made by that Act. as follows: names tonight that would give evi- AMENDMENT NO. 2615 dence to that. AMENDMENT NO. 2562, AS MODIFIED (Purpose: To provide that none of the funds Finally, if we are going to get this (Purpose: To express the sense of Congress, appropriated or otherwise made available right for the fighting men and women and to require a report, on expanding the by this Act may be used to dispose of we send out on the battlefield, if we are mission of the Nevada Test Site) claims filed regarding water contamina- going to get this right for taxpayers On page 245, between lines 8 and 9, insert tion at Camp Lejeune, North Carolina, who will be financing this effort, the following: until the Agency for Toxic Substances and whether it is military or nonmilitary, SEC. 8104. (a) It is the sense of Congress Disease Registry (ATSDR) fully completes we do have to get it right. One thing that— all current, ongoing epidemiological and (1) All of the National Nuclear Security water modeling studies) we have to bear in mind is, when we Administration Sites, including the Nevada send troops out to fight a battle, we On page 245, between lines 8 and 9, insert Test Site, can play an effective and essential the following: have to make sure the policy that role in developing and demonstrating— SEC. 8104. None of the funds appropriated undergirds their fight, that the strat- (A) innovative and effective methods for or otherwise made available by this Act may egy that leads to a discussion about treaty verification and the detection of nu- be used to dispose of claims filed regarding what the resources are to give them all clear weapons and other materials; and water contamination at Camp Lejeune, the resources they need to fight a bat- (B) related threat reduction technologies; North Carolina, until the Agency for Toxic tle, whether it is very wide or very nar- and Substances and Disease Registry (ATSDR) (2) the Administrator for Nuclear Security row in focus, whatever it is, we have to fully completes all current, ongoing epide- should expand the mission of the Nevada miological and water modeling studies pend- make sure what we do here is worthy Test Site to carry out the role described in ing as of the date of the enactment of this of their sacrifice; that what we do in paragraph (1), including by— Act. the Senate on strategy or policy is (A) fully utilizing the inherent capabilities Mr. INOUYE. I thank you, Mr. Presi- worthy of what we are asking them to and uniquely secure location of the Site; dent. (B) continuing to support the Nation’s nu- do on the battlefield. We haven’t done Mr. COCHRAN. Mr. President, I want that yet. We are a long way from doing clear weapons program and other national security programs; and to congratulate the chairman of the it. committee for helping work out this I hope in the next couple of weeks, (C) renaming the Site to reflect the ex- panded mission of the Site. agreement. We appreciate the coopera- even as the President is asking tough (b) Not later than one year after the date tion of all Senators. questions and making determinations of the enactment of this Act, the Adminis- Mr. INOUYE. I suggest the absence of about policy, that we do our job in the trator for Nuclear Security shall submit to a quorum. Senate to ask those tough questions, to the congressional defense committees a plan The PRESIDING OFFICER. The have that important debate, and make for improving the infrastructure of the Ne- clerk will call the roll. sure it is substantive and not political; vada Test Site of the National Nuclear Secu- The legislative clerk proceeded to rity Administration and, if the Adminis- make sure it is about strategy and not call the roll. just the politics or the sound bites of trator deems appropriate, all other Sites under the jurisdiction of the National Nu- Mr. CASEY. Mr. President, I ask the moment. To be worthy of their clear Security Administration— unanimous consent that the order for valor, those fighting men and women, (1) to fulfill the expanded mission of the the quorum call be rescinded. and to be worthy of their sacrifice, we Site described in subsection (a); and The PRESIDING OFFICER. Without have to do our job in the Senate. That (2) to make the Site available to support objection, it is so ordered. has not happened yet. We have to make the threat reduction programs of the entire AMENDMENT NO. 2592, AS MODIFIED sure we do that in short order. national security community, including Mr. CASEY. Mr. President, Senator threat reduction programs of the National I suggest the absence of a quorum. DURBIN and I have an amendment, Nuclear Security Administration, the De- The PRESIDING OFFICER. The amendment No. 2592, and I ask that it clerk will call the roll. fense Threat Reduction Agency, the Depart- ment of Homeland Security, and other agen- be made pending. The bill clerk proceeded to call the cies as appropriate. The PRESIDING OFFICER. Without roll. AMENDMENT NO. 2568 objection, the amendment is now pend- Mr. INOUYE. Mr. President, I ask ing. unanimous consent that the order for (Purpose: To make available from amounts available for the Office of the Secretary of Is there further debate on the amend- the quorum call be rescinded. Defense $250,000 for the declassification of ment? The PRESIDING OFFICER. Without the 2001 nuclear posture review) If not, the question is on agreeing to objection, it is so ordered. At the appropriate place, insert the fol- the amendment, as modified. AMENDMENTS NOS. 2563; 2585; 2617; 2559; 2562, AS lowing: The amendment (No. 2592) as modi- MODIFIED; 2568; 2614; AND 2615 SEC. ll. Of the amounts appropriated or fied, was agreed to. Mr. INOUYE. Mr. President, I ask otherwise made available by title II under Mr. COCHRAN. I move to reconsider unanimous consent that the Senate the heading ‘‘OPERATION AND MAINTENANCE, the vote. proceed to consider the following list DEFENSE-WIDE’’ and available for the Office Mr. CASEY. I move to lay that mo- of amendments that I will identify, if of the Secretary of Defense, up to $250,000 tion on the table. not pending, then once this agreement may be available to the Under Secretary of The motion to lay on the table was Defense for Policy for the declassification of agreed to. is entered, the amendment be consid- the nuclear posture review conducted under ered called up for consideration; and section 1041 of the Floyd D. Spence National SCAR PROGRAM FUNDING that the amendments be agreed to and Defense Authorization Act for Fiscal Year Mr. GRAHAM. Mr President, I would the motions to reconsider be consid- 2001 (as enacted into law by Public Law 106– like to engage in a brief colloquy with

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.100 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10053 the esteemed Senator from Hawaii, the man’s commitment to having the De- Mr. TESTER. I want to echo the ob- chairman of the Defense Appropria- fense Subcommittee focus on this issue servations of my colleague. Work on tions Subcommittee, Senator INOUYE. at the earliest possible opportunity. the NCADE project is done in part in The bill before us includes a signifi- Mr. INOUYE. I would say to the Sen- Montana and that work provides valu- cant cut of $9 million from U.S. ator from Texas that I know she is able employment opportunities in a SOCOM’s SCAR Program—special oper- greatly interested in how the Army’s part of the State where the unemploy- ations combat assault rifle. The SCAR tactical wheeled vehicle budget is ment rate is in double digits. was selected in a fair and open com- spent. I hope that we will be informed Ms. COLLINS. Mr. President, I rise petition and has undergone some of the by the GAO review that she has re- today in support of the Fiscal Year 2010 most rigorous testing of any small quested, and I can pledge that the sub- National Defense Appropriations Act. arms program in U.S. history. It is committee will review this issue thor- Let me begin by thanking the commit- widely regarded as one of the best and oughly as we go forward. tee’s distinguished chairman, Senator most versatile weapons in the world. Mrs. HUTCHISON. I thank the Chair- INOUYE, and ranking member, Senator While this weapon has passed all tests, man for his leadership on this impor- COCHRAN, for their leadership in the only issue now is what mix of tant issue. crafting this bill and for their strong versatility—7.62mm models or 5.56mm Mr. KOHL. I appreciate the com- commitment to our Nation’s Armed models—they want to have at the ODA ments of the chairman and respect the Forces. level operational detachment alpha— work of the Senator from Texas on this This legislation will provide funding that is the Special Forces A team level issue. The Army’s decision impacts for essential training, equipment, and which is as close to the ground level both of our States, but it is imperative support to our troops as they bravely fight as you can get. that GAO is allowed to conduct its in- and skillfully engage in national secu- I understand there are recent con- vestigation free of individual preju- rity efforts at home and abroad. This is cerns regarding contracting delays and dices. The taxpayers and men and a critical time in our Nation’s history the ability to obligate these funds. I women of the Armed Forces deserve an and the committee has, once again, have been assured by SOCOM that they objective review. I look forward to demonstrated its strong support of our will be able to spend all funds re- working with the Chairman and all my soldiers, airmen, sailors, and marines. quested within the appropriate time- colleagues on this issue. This legislation also will fund crit- frame. The Special Forces is intensely IN SUPPORT OF THE NCADE PROGRAM ical force protection and health care engaged in combat operations all over Mr. TESTER. Mr. President, I rise to initiatives for our troops, while con- the world including Afghanistan and engage in a colloquy with the chairman tinuing development of important they need the versatility and capa- and with my colleague Senator BAUCUS technologies and acquisition programs bility offered by this unique weapon about funding in this bill for missile to counter existing and emerging system. The President’s Budget in- defense. It is my understanding that in threats. cluded $9.746 million for this program. testimony before the Senate Armed The legislation before us includes a The House-passed version of this bill Services Committee earlier this year, strong commitment to strengthening fully funds the President’s request. I Lieutenant General O’Reilly told the Navy shipbuilding. Our Nation needs a would encourage the chairman to en- committee that the Missile Defense strong and modern naval fleet allowing sure this program is fully funded in the Agency requested $3.5 million in fiscal us to project power globally and to re- Senate as requested in the President’s year 2010 for the missile defense pro- spond to threats. This bill authorizes $1 budget. gram known as Net Centric Airborne billion in funding for construction of Mr. INOUYE. I thank the Senator Defense Element, NCADE. It is my fur- the third DDG–1000, a priority of mine. from South Carolina for his comments. ther understanding that the committee The Pentagon’s decision to have Bath I assure him that the reductions to the does not, at this point, have concerns Iron Works, BIW, build all three of the program were taken without prejudice, with the allocation of funds to the DDG–1000s demonstrates well-deserved and the committee supports providing NCADE program. Is that correct? confidence in BIW and will help ensure this capable series of rifles to Special Mr. INOUYE. The gentleman is cor- a stable work load for the shipyard and Operations Command. His points on rect. The bill before the Senate pro- more stable production costs for the the importance of this program will be vides $104.8 million for research, devel- Navy. fully and carefully considered when opment, testing and evaluation of bal- In addition, this legislation author- this issue is addressed in conference on listic missile defense technology, izes $2.2 billion for continued DDG–51 this bill. which is the appropriate account for procurement and nearly $150 million TACTICAL WHEELED VEHICLE FUNDING NCADE funding. for the DDG–51 modernization pro- Mrs. HUTCHISON. Mr. Chairman, I Mr. BAUCUS. Mr. President, NCADE gram. The lessons and technology de- request to enter into a colloquy con- is a missile defense concept that uses a veloped in the design of the DDG–1000 cerning appropriations for the Army’s modified AIM–9X seeker launched from can be incorporated into the DDG–51 medium tactical vehicle fleet. an aircraft to intercept a boosting mis- program to reduce crew size and to im- Mr. INOUYE. I am pleased to engage sile target. I am aware that the Missile prove capabilities. the senior Senator from Texas in a col- Defense Agency has conducted several The legislation fully funds the F–35 loquy. tests of this system and it continues to Joint Strike Fighter request for both Mrs. HUTCHISON. Mr. Chairman, the show progress. I believe it is important the Navy and the Air Force. This air- Army has recently announced its deci- that the Missile Defense Agency con- craft, powered by the superb engines sion on the future contract for the fam- tinue to develop this technology. made by Pratt & Whitney, will enable ily of medium tactical vehicles, a Short- and medium-range ballistic mis- our service men and women to con- major acquisition program in the siles pose a significant threat to the tinue to maintain our air superiority. Army’s tactical wheeled vehicle fleet. United States, our Armed Forces, and An additional $1.5 billion is included Several Senators—some who may join our allies around the world. Could the for the National Guard and Reserve us in this colloquy—are deeply con- chairman clarify that the Missile De- equipment account, which should help cerned about the Army’s decision. fense Agency could use funds provided sustain critical equipment such as However, since the Army’s announce- in this bill for the continued develop- combat vehicles, aircraft, and weapons. ment came after the committee fin- ment of NCADE, consistent with the This funding should directly benefit ished its work on this bill, Members of budget request? the Maine National Guard’s readiness the committee had no opportunity to Mr. INOUYE. Under the Senate bill, posture as additional units prepare to express their concern or to question the MDA could continue to work on deploy to Iraq and Afghanistan in the the decision. Consequently, I have this interesting technology. upcoming year. asked the Government Accountability Mr. BAUCUS. I thank the chairman. At the request of Senator SNOWE and Office to conduct a review of the This is very important work for our na- myself, the committee provides $20 Army’s tactical wheeled vehicle strat- tional security and we are pleased that million for humvee maintenance to be egy. I would therefore like the chair- some of it is being done in Montana. performed at Maine Military

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.082 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10054 CONGRESSIONAL RECORD — SENATE October 1, 2009 Authority’s, MMA, Army National The appropriations bill provides the committee appointed as conferees; pro- Guard Readiness Sustainment Site, vital resources that our troops need vided further that if a point of order is RSMS, located in Limestone, ME. For and recognizes the enormous contribu- raised and sustained against the sub- nearly 13 years, the Army National tions made by the State of Maine to stitute amendment, then it be in order Guard has relied on Maine Military Au- our national security. From the Ports- for a new substitute to be offered, thority to provide a dependable service mouth Naval Shipyard in Kittery to minus the offending provision; that the to our Nation’s warfighters. The dedi- the Pratt and Whitney engine plant in new substitute be considered and cated and talented professionals at North Berwick to BIW’s shipbuilders to agreed to, no further amendments be in MMA have demonstrated their value to the University of Maine’s engineers to order, with provisions in this agree- the Army and to the Nation and con- the Maine Military Authority in Aroos- ment listed after adoption of the origi- sistently have performed humvee refur- took, Mainers all over our State are nal substitute amendment remaining bishment at a lower cost than the leading the way to a stronger national in effect; that the vote sequence with Army’s own depots. This funding would defense. respect to the listed amendments be help to ensure that MMA’s valued Mr. REID. Mr. President, there has entered later and that the only debate workforce and high quality product re- been a tremendous amount of work time remaining be 2 minutes, equally main a national asset supporting the going into getting us to where we are divided in the usual form, prior to each defense of our country. now. It is long and tedious and one of vote; and that on any sequenced votes, The bill also provides $240 million for the most complicated bills we do. It is the vote time be limited to 10 minutes cancer research through the Defense the most complicated appropriations each after the first vote; further, that Health Programs with $150 for the bill we do. So I very much appreciate the cloture motions be withdrawn. Breast Cancer Research Program, $80 the work done by Senators COCHRAN The PRESIDING OFFICER. Is there million for Prostate Cancer Research and INOUYE. They are both experienced objection? Program, and $10 million for the Ovar- and terrific individuals and great Sen- Without objection, it is so ordered. ian Cancer Research Program. I believe ators, their staffs, and all the floor f that there is simply no investment staff. that promises greater returns for Mr. President, I ask unanimous con- UNANIMOUS CONSENT America than its investment in bio- sent that when the Senate resumes AGREEMENT—H.R. 2847 consideration of H.R. 3326 on Tuesday, medical research. These research pro- Mr. REID. Mr. President, I ask unan- October 6, the following list of first-de- grams at the Department of Defense imous consent that at 4 p.m., Monday, gree amendments be the only amend- are important to our Nation’s efforts October 5, the Senate proceed to the ments remaining in order to H.R. 3326, to treat and prevent these devastating consideration of Calendar No. 87, H.R. other than any other pending amend- diseases that also affect our veterans 2847, the Commerce, Justice Appropria- ments, if not listed, and the committee and service members. tions Act; and that once the bill is re- substitute amendment; that no second- The bill provides $307 million to ad- ported, there be debate only, with no degree amendment or side-by-side dress the Tricare private sector short- amendments in order except the com- amendment be in order to any of the fall in fiscal year 2010 as identified by mittee-reported substitute. listed amendments, except as provided the Department of Defense. I know The PRESIDING OFFICER. Is there Tricare funding is vital to so many below: Franken amendment No. 2588; objection? Maine veterans. We must continue to Without objection, it is so ordered. support robust funding for this impor- Barrasso amendment No. 2567; Bond tant program and limit increases in amendment No. 2596; Coburn amend- f ment No. 2565; Coburn amendment No. Tricare premiums and copayments. MORNING BUSINESS I strongly support the additional 2566; Kyl amendment No. 2608; that $15.6 million to strengthen the Office of once agreement is entered into, it will Mr. REID. Mr. President, I ask unan- the Inspector General in order to keep be withdrawn; Sanders amendment No. imous consent that the Senate proceed pace with the growth in the size of the 2601; Inhofe amendment No. 2618; to a period of morning business, with defense budget and the number of de- McCain amendment No. 2580; McCain Senators allowed to speak therein for fense contractors. More vigorous over- amendment No. 2584; McCain amend- up to 10 minutes each. sight of defense contracts to prevent ment 2560, with an Inouye side-by-side The PRESIDING OFFICER. Without waste, fraud, and abuse of taxpayer amendment in order and would be objection, it is so ordered. dollars will complement the procure- voted prior to the vote in relation to f ment reforms we approved earlier this amendment No. 2560; McCain amend- NATIONAL DISABILITY year. ment No. 2583; Lieberman-Sessions The Senate’s fiscal 2010 Defense ap- amendment No. 2616, as modified; that EMPLOYMENT AWARENESS MONTH propriations bill also includes funding it be in order for the managers to offer Mr. REID. Mr. President, I rise today for other defense-related projects that managers’ amendments, which have in recognition of National Disability would benefit Maine and our national been cleared by managers and leaders, Employment Awareness Month. This security. Funding is provided, for ex- and that if offered, the amendments be annual observance is an opportunity ample, to Saco Defense in Saco, ME, to considered and agreed to and the mo- for us to celebrate the achievements of enable the company to continue manu- tion to reconsider laid on the table; people with disabilities, whose con- facturing weapons that are vital to the that in the case in which the managers tributions to the workforce have Armed Forces. are agreeable with a modification of a strengthened our Nation. During the In addition, at my urging, the legis- listed amendment, then the amend- month of October, we pay tribute to lation appropriates $3.6 million for the ment be so modified with the changes these men and women while renewing University of Maine. This funding agreed upon; that upon disposition of our commitment to ensuring oppor- would support the development of LGX the listed amendments, the committee- tunity and inclusion for all Ameri- high temperature acoustic wave sen- reported substitute, as amended, be cans—regardless of their ability or dis- sors and allow the University of Maine agreed to, and the motion to reconsider ability. to continue to investigate fundamental be laid on the table; that the bill, as National Disability Employment sensor materials and design concepts amended, be read the third time, and Awareness Month originated in 1945 as well as demonstrate functional pro- the Senate then proceed to vote on pas- when Congress designated a week in totypes of acoustic wave sensors that sage of the bill, as amended; that upon October as a time to educate the public will be tested under extreme tempera- passage, the Senate insist on its about the employment issues facing ture environments. The funding for the amendment, request a conference with people with disabilities. Eventually ex- university will also provide for woody the House on the disagreeing votes of panded to the entire month of October, biomass conversion to JP–8 fuel, which the two Houses and the Chair be au- the observance has become a valuable will provide affordable alternative thorized to appoint conferees on the tool to enhance the American people’s sources for military aviation fuel. part of the Senate, with the sub- understanding of these issues. It is also

VerDate Nov 24 2008 01:42 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.047 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10055 an important opportunity to mark the in Joliet, IL, who has received far less After Jim left the Senate, he contin- progress we have made and the steps acclaim, but who deserves our Nation’s ued to pursue his love for the outdoors forward yet to be taken. gratitude for making the Moon landing by cofounding and serving as chairman Today, more people with disabilities possible. of the Theodore Roosevelt Conserva- than ever are graduating from school, One of the most important and hotly tion Partnership, an organization that participating in their communities, debated technical decisions during the is dedicated to the stewardship of and succeeding in the labor market. Apollo Program was how to land on the America’s natural landscape, helping For the tens of millions living in the Moon and return safely to Earth. Amid to expand fish and wildlife habitat and United States with a disability, real- many ideas and obstacles, Dr. Houbolt increasing public access to quality izing the American dream is a real pos- recognized that the most efficient way hunting and fishing. sibility that often did not exist a gen- to execute the Moon landing was with Jim didn’t stop there. He furthered eration ago. I am especially heartened a lunar-orbit rendezvous plan. his commitment to the cause of con- by the growing recognition that tap- His concept involved a mother craft servation through service on the ping these individuals’ talent, char- that would orbit the Moon while a boards of directors for Trout Unlim- acter, and hard work is as important to lighter craft descended from it to the ited, Ducks Unlimited, the Wetlands the Nation’s future as it is to theirs. surface of the Moon carrying some of America Trust, the Recreational Boat- At the same time, we must acknowl- the astronauts. Eventually, the smaller ing and Fishing Foundation, the Amer- edge the sobering reality that faces too aircraft would lift off and rendezvous ican Sportfishing Association, the many people with disabilities, includ- with the mother ship. American Bird Conservancy, the Pa- ing our brave servicemembers and vet- For many years NASA’s leadership cific Forest Trust, the Yellowstone erans returning from war with severe favored other concepts to reach the Park Foundation, the Bonefish and injuries and conditions. While people lunar surface. But, Dr. Houbolt’s deter- Tarpon Trust, the National Fish and with disabilities have long experienced mination, persistence, and persever- Wildlife Foundation, the Interstate far higher unemployment rates, they ance moved this innovative concept Commission on the Potomac River are also particularly hard hit by the forward. As former NASA Deputy Di- Basin, the Sportfishing and Boating current economic downturn. Physical, rector George Low noted, without Dr. Partnership Council, and the Valles financial, and social barriers to em- Houbolt’s efforts, NASA ‘‘might not Caldera Trust. ployment remain, as well as the dis- have chosen the Lunar Orbit Ren- Jim was so instrumental in the con- crimination and prejudice that keep dezvous Mode’’ and ‘‘had the Lunar servation movement in this country some from competing in the American Orbit Rendezvous Mode not been cho- that he was awarded the U.S. Depart- economy on equal footing as everyone sen, Apollo would not have succeeded.’’ ment of the Interior’s Great Blue else. Moreover, many individuals with On the 40th anniversary of the lunar Heron Award, was named Conserva- disabilities struggle to afford good, landing, as we celebrated with the crew tionist of the Year in 2003 by Outdoor continuous health coverage, a hardship of Apollo 11 in Washington, DC, a new Life magazine and received the given their intensive health care needs. exhibit aptly named ‘‘The Soaring Norville Prosser Lifetime Achievement Clearly, we have much work ahead of Achievements of John C. Houbolt’’ Award from the American Sportfishing us in order to fulfill the promise of Na- opened at the Joliet Area Historical Association. tional Disability Employment Aware- Museum. I encourage my fellow Illi- Both our natural and political envi- ness Month. I am pleased that Congress noisans, especially students, to visit ronments are better because of Jim is continuing to work toward this pri- this exhibit. Range. Tennesseans, and all Ameri- ority, most recently with the enact- Dr. Houbolt’s inspiring story, like cans, owe Jim a great debt of grati- ment of the ADA Amendments Act and the stories of Neil Armstrong, Michael tude. His leadership serves as a great the Higher Education Opportunity Act. Collins, Buzz Aldrin, and John Glenn, example to all of us.∑ On behalf of all Nevadans, I look for- is a testament to what we can achieve f ward to building on these successes in with persistence and the passion to TRIBUTE TO CECIL EYESTONE the 111th Congress. reach for new heights. ∑ Mr. BROWNBACK. Mr. President, f f today I recognize a great Kansan for TRIBUTE TO JOHN C. HOUBOLT ADDITIONAL STATEMENTS his long service to the youth of the Mr. DURBIN. Mr. Presdient, on July State of Kansas. 20, 2009, we celebrated the 40th anniver- ‘‘Teaching by example,’’ was Cecil REMEMBERING JAMES D. RANGE sary of the first time man set foot on Eyestone’s philosophy in his 31-year the Moon. On that day 40 years ago, an ∑ Mr. ALEXANDER. Mr. President, Kansas 4–H career. He served 12 years estimated 500 million people around earlier this year, we lost a great Ten- as a Montgomery County club agent the world watched as the crew of Apol- nessean and champion of the great and 19 years as a State 4–H specialist. lo 11, Neil Armstrong, Michael Collins, American outdoors. James D. Range He was a pioneer for leadership oppor- and Edwin ‘‘Buzz’’ Aldrin, made his- was a lifelong outdoorsman who loved tunities for teens. Cecil initiated the tory. It was a remarkable accomplish- America’s wild spaces. He grew up in first junior leaders club for the teens in ment, the magnitude of which has not Johnson City, TN, hunting and fishing Montgomery County. His determined diminished over the years. in the backwoods of the Appalachian attitude for developing teen leaders As part of the anniversary festivities, Mountains. It was in his those early through hands-on experiences resulted Congress awarded John Glenn, the first years that Jim—who was also an Eagle in 80 percent of Kansas counties adopt- American to orbit the Earth, and the Scout—became passionate about pre- ing the concept. A State Junior Lead- crew of Apollo 11 the Congressional serving our outdoors for future genera- ership Camp was held in 1959 at Rock Gold Medal. I cosponsored the legisla- tions. Springs 4–H Center that continued for tion and am pleased that they were He became a passionate advocate for 15 years with annual participation of recognized with it. the country’s fish and wildlife and 200–300 youth. Cecil and his brother Most recently I had the chance to their habitat and a true champion of Merle have sponsored a 4–H leadership meet two Illinois astronauts, Scott natural resource conservation. scholarship for 24 years. Altman and John Grunsfeld, whom ear- Jim was a trusted advisor and coun- Cecil was Collegiate 4–H Club adviser lier this year successfully completed sel to Senate majority leader Howard for 16 years, reaching over 4,000 stu- the last service mission of the Hubble Baker and the Senate Environment and dents. He organized eight collegiate Telescope. We will be able to explore Public Works Committee, where he clubs at other Kansas universities and even deeper into the mysteries of our served with integrity and distinction. colleges. Cecil guided the animal universe for many years to come be- As a Senate staffer, Jim was instru- science 4–H program and helped de- cause of their incredible work. mental in the crafting and passage of a velop horse, dog and rabbit projects. He Today, I wish to recognize Dr. John string of landmark laws, including the created the Horse Panorama to teach C. Houbolt, a scientist born and raised Clean Water Act. horse care and judging.

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.081 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10056 CONGRESSIONAL RECORD — SENATE October 1, 2009 Retired in 1977, Cecil volunteers for Amery, and for our State. He was truly call a time I didn’t get a huge hug from the Governor’s Mental Health Advi- one of the nicest people I have come Mary whenever I came by the office. sory, National Active and Retired Fed- across in many years in public life. I I should also mention that Mary has eral Employees, Sertoma, Riley County respected Harvey so much, and I will a special way with words, or rather, Flint Hills AMI, Methodist’s Men and always think of him as someone who with one word in particular the word First United Methodist Church, Flint represented the very best of Wisconsin. ‘‘dear.’’ At some point, she has referred Hills Veterans Coalition and KSU I join people across our State in re- to everyone in the office as ‘‘dear,’’ es- WWII Veterans Memorial. He stays membering him today and honoring pecially when they are having a rough busy with his family, but finds time to the many contributions he made to his day. That is not surprising. But what is judge 4 to 10 county fairs annually. State and his community.∑ surprising is how, when she is helping Last year, Cecil was inducted into f with the phones, Mary often addresses the National 4–H Hall of Fame. This the caller as ‘‘dear.’’ Again, that is not Sunday, October 4, 2009, Cecil will be TRIBUTE TO MARY PAPPEY surprising, except when you consider honored at a special reunion of the 4– ∑ Mr. KERRY. Mr. President, all of us that sometimes it is an anonymous Hers he mentored during his time as in public life have been privileged to caller, someone so frustrated by what the Montgomery County 4–H agent. have very special people come into our they just saw on television or by the During this reunion, the first two re- public lives who dedicate their time, run around they are getting from Fed- cipients of a scholarship named in energy, and passion to helping us serve, eral bureaucracies that can at times Cecil’s honor will be announced. These but even among these special people, seem unreasonably cold, that they scholarships were made possible by do- there are those who stand out. I am don’t want to identify themselves. But nations from the 1946–1957 Montgomery speaking today of just such a person— it is hard for them to stay mad with County 4–H alumni. my friend, Mary Pappey. And I am Mary calling them ‘‘dear.’’ She brings As a former 4–H member myself dur- speaking today because it is a special out the very best in all of us. ing Cecil’s tenure as the State 4–H spe- day for this special person—it is her So, I want to thank ‘‘dear’’ Mary for cialist, it is an honor for me to speak 85th birthday. her devotion to the people of Massa- on behalf of the thousands of Kansas 4– Mary has served on my staff in Bos- chusetts, for all her years of service on Hers who were touched by Cecil’s com- ton since 1988, longer than just about my staff and for being such a wonder- mitment to the Kansas 4–H program. It anybody who has ever worked with me. ful, generous friend. And I especially is a privilege for me to honor this fine It is often said that when God closes want to wish ‘‘dear’’ Mary all of my Kansan for his leadership and service one door, He opens another. And that is best and hope that this will be a very and to join in congratulating him on how Mary came to us. She was a home- happy birthday.∑ his induction into the National 4–H maker whose happy life was upended ∑ Mr. LIEBERMAN. Mr. President, I Hall of Fame.∑ when her husband Nicholas passed ask to have printed in the RECORD a poem written by Mr. Albert Carey f away in 1988. To help fill the void, she asked if she could volunteer in our of- Caswell. Mr. Caswell is a valued tour REMEMBERING HARVEY STOWER fice a couple of days a week. And she guide of the U.S. Capitol whose great ∑ Mr. FEINGOLD. Mr. President, it is has been there ever since. enthusiasm and love of our country has with great sadness that I pay tribute to It is hard to remember a time that inspired him to compose over 500 a dear friend and a great Wisconsinite Mary hasn’t been there in my Boston poems. Mr. Caswell wrote this poem in who passed away earlier this week. office, whether answering phones, han- tribute to the remarkable life and work Harvey Stower was an extraordinary dling mail, or just making sure every- of our beloved late colleague Senator man; he was a deeply principled legis- one is OK doing whatever had to be Ted Kennedy. lator, a dedicated mayor, and a beloved done. She is an incredible mother to The information follows. friend to those of us lucky enough to her children; in so many ways she has UPON THIS FLOOR know him. also been a mother to our Boston office Upon this floor... I was honored to serve with Harvey family. And always, she has been a From our forefathers so bore... in the Wisconsin Legislature, where he calming presence in what can be a hec- A dream, for all our futures to ensure... worked tirelessly for the progressive tic environment. It helps, too, that she Now in history, the world’s greatest of all values he held dear. His commitment bakes a mean baklava that can bring democracies... Upon this floor... to representing family farmers and pro- some needed sweetness to the most fre- For as the years have played out... tecting the environment were an inspi- netic of work days. The United States Senate, would so tout! ration to countless Wisconsinites. But that isn’t all. Far from it. Mary Some of the greatest, from Clay, Calhoun to He then served as the mayor of has had a very special job in my Boston Webster no doubt... Amery, where he and his wife Marilyn, office. Since joining my staff, she has Men of conscience and of faith, who would so who sadly passed away in 2008, were advanced all the applications we have debate... pillars of the community. Harvey was received from students seeking ap- Who but in their hands, were but put our na- such a wonderful mayor because he un- pointments to the military service tion’s future fate. Upon this floor! derstood the strength of our small academies. She has made sure the ap- Who all but for the greater good, did but all towns, and cherished the sense of com- plications are complete, all deadlines they could... munity they create. are met and, when necessary, held the Giants one and all, who but heard our na- Harvey was also an ordained United hands of anxious applicants and even tion’s call... Methodist minister, and an active more anxious parents of applicants. Her call to public service, upon this member of his community in countless For 21 years, Mary has handled this job floor... ways, both through his work as mayor with special skills and sensitivities. And now as the years have gone by... and through many community organi- And, in fact, she has shepherded A new great, a new giant has so arrived... A name we now so utter with tear in eye... zations. through an entire generation of service Edward M. Kennedy, who upon this floor He also remained active on issues on academy appointees from Massachu- spoke so eloquently! a statewide level, through his service setts. Whose word, was one to be cherished and re- on the Wisconsin Land & Water Con- Mary’s grandchildren, the joys of her spected! servation Board and the boards of the life, call her ‘‘Yaya,’’ which is Greek The most effective Senator, as John McCain Wisconsin Federation of Cooperatives, for grandmother. I think we could all expressed this! the Western Wisconsin Intergovern- call her that, because she has been a For legislation can be a blood sport... mental Collaborative, Wisconsin kind of grandmother to all of us— For only those of great heart and courage, Church and Society—the United Meth- someone who offers reassurance when will like lions roar! And yet, in all that heat... it takes a lead- odist Church, and Inter-County Cooper- it is needed, someone who puts her er who can make minds meet! ative Publishing Association. heart and soul into everything she As was this man, so charming and sweet! Harvey’s passing is an immeasurable does, someone to watch over all of us, And leave their most hallowed marks upon loss for his family, for the people of with kindness and affection. I can’t re- this floor...

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.045 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10057 With Teddy’s passing, I rise to state... achieved his dreams, but always be- widely recognized expert in the areas of Without objection, we have lost one of the lieved in the concept of community, architecture, engineering, planning, truly greats! each of us working together for the and interior design. SMRT designs and There will be no quorum call, or voice vote betterment of all. constructs functional spaces and aes- expected! Or a bill, for The President to sign... stat- As we celebrate Kevork Hovnanian’s thetically pleasing edifices for its plen- ing of such perfection! life and memory, our heartfelt tiful clientele. The company now has For he, was A Man For All Seasons... thoughts and prayers are with his fam- additional offices in Manchester, NH; Who knew how to debate, and more impor- ily and friends, his beloved wife North Andover, MA; and Albany, NY. tantly how to reason! Sirwart, and his sons, daughters, and Throughout its lengthy history, A giant among mere men, who with his prin- grandchildren who will miss his love SMRT has been responsible for design- ciples would so splendidly and stead- and laughter. May he rest in peace.∑ ing, building, altering, or restoring fastly defend! countless landmark buildings across Motivating women and men, with but his f the State of Maine. SMRT lent its ar- heart of a champion... RECOGNIZING SMRT chitectural talents to the new Dorothy Time and time again, upon this floor... ∑ Ted, you are gone, but not forgotten... Ms. SNOWE. Mr. President, on Walker Bush Pavilion at Southern For history and heaven so holds a place, for Thursday, October 8, citizens of the Maine Medical Center in Biddeford, as the champions of the downtrodden! city of Portland will gather at the well as the Eastern Maine Medical Cen- For artists, who know how to so create... steps of City Hall to witness the proc- ter pediatrics wing in Bangor. The and legislate! lamation of John Calvin Stevens Day company has also had a hand in a di- Whether, with a voice of a lion making the on the 154th anniversary of his birth. verse range of interior design projects Senate quake! The most renowned architect in at Bowdoin College in Brunswick, Fair- Or like a fine surgeon, so delicately legisla- Maine’s history, Mr. Stevens’ distinc- tion you’d manipulate... child Semiconductor in Portland, and Yea, Teddy... Daniel Webster ain’t got tive style is recognizable in numerous the Burton M. Cross State Office Build- nothing on you! structures throughout the region. ing in the State capital of Augusta. Ad- And in the Senate reception room... Today, I rise to acknowledge the com- ditionally, the firm has completed And upon this floor my son... history will pany he founded, now known as SMRT, projects for other companies in a vari- you so view! as we celebrate the 125th anniversary ety of industries, including: bioscience One of the greatest who’s who! of its founding. and healthcare, food and beverage, as Now, up in Heaven... it’s the greatest of SMRT’s founder, John Calvin Ste- debates between Daniel and you! well as clean manufacturing and elec- vens, was born in Boston in 1855, and tronics. In honor of and in memory of Senator Ed- moved with his family to Portland 2 ward M. Kennedy—Albert Carey Caswell.∑ One area where SMRT has distin- years later. On July 4, 1866, Mr. Ste- guished itself is in green design, par- f vens witnessed the devastating Great ticularly as a member of the U.S. Fire of Portland, which was responsible TRIBUTE TO KEVORK S. Green Building Council, which oversees for 1,800 buildings burning to the HOVNANIAN the Leadership in Energy and Environ- ground, as well as the subsequent re- mental Design, LEED, accreditation ∑ Mr. MENENDEZ. Mr. President, I construction of the city. After com- process. The LEED, green building cer- wish to pay tribute to the memory of pleting high school, he joined Francis tification system aims to provide en- Kevork S. Hovnanian, a friend and New H. Fassett’s architectural firm, which ergy savings through building design Jersey businessman and community did much of the work to rebuild the that reduces carbon dioxide emissions leader. A hard working Armenian im- city in the fire’s aftermath. and improves overall indoor environ- migrant, Mr. Hovnanian embodied the Following a decade at the Fassett mental quality. SMRT offers its clients American dream. Already the owner of firm, Mr. Stevens founded his own one- the opportunity to engage in the LEED a successful construction company in man architectural firm, John Calvin certification process, and consistently Iraq in 1959, Mr. Hovnanian was forced Stevens Architects, in 1884 in Portland. keeps energy concerns at the forefront to flee Iraq and arrived in New Jersey Mr. Stevens ran this business until his when planning new buildings by uti- to rebuild his life, and rebuild it he did. death in 1940, during which time he re- lizing natural daylight and employing He started another construction com- ceived over 300 commissions to design cutting-edge technologies. In fact, the pany and, along with his brothers, or update a variety of structures on the Maine General Medical Center’s Harold committed himself to making afford- Portland peninsula alone, from govern- Alfond Center for Cancer Care in Au- able housing available to young fami- ment buildings to churches to residen- gusta, which was designed by SMRT, lies and first-time home buyers—first tial houses. The Stevens family re- recently received a LEED silver certifi- in New Jersey, then nationwide. He mains involved in the company’s day- cation, and is the first health care fa- built a successful business and, at the to-day operations, as Mr. Stevens’ cility in Maine to achieve the status. same time, gave something back to the great-grandson, Paul Stratton Stevens, In short, John Calvin Stevens is re- community, to New Jersey, and to the is one of the company’s principals. sponsible for much of the way Portland Nation. Through his chosen profession, Above all other techniques, John Cal- looks today—from the Old Port to the he shared his realization of the Amer- vin Stevens is known as a pioneer and houses of the Western Promenade—and ican dream by helping others establish promoter of the quintessentially New his legacy is carried on today in the themselves in their own homes and England ‘‘shingle’’ style. Most often as- company he founded, SMRT, and the took pride in having helped. As his sociated with the Maine coast and the intricate and stunning work they do. I business grew, Mr. Hovnanian never Boston area, the practice is essentially am proud that John Calvin Stevens forgot his adopted community and gen- an adaptation of the Victorian-era saw it fitting to choose Portland for erously supported numerous charities Queen Anne architectural style with his company’s home 125 years ago, and and organizations. His philanthropy the additional of shingles. The cottage- I am delighted that it has remained a touched the lives of all of us in New like houses built in the style fre- bedrock of our State’s architectural Jersey. Every child who enters the K. quently feature wide porches, broad ga- heritage through all of these years. Hovnanian Children’s Hospital at Jer- bles, graceful and distinct profiles, and, Congratulations to everyone at SMRT sey Shore University Medical Center of course, wooden shingles lining the on this monumental anniversary, and benefits from his generosity. Every roofs and sides. Because of Mr. Stevens’ best wishes for continued success. ∑ worshiper who enters St. Stepanos Ar- diligent efforts, this style became a menian Church in Elberon, New Jersey mainstay of seaside and residential f knows Kevork Hovnanian generously homes across the region. supported its construction in memory As the continuation of Mr. Stevens’ MESSAGES FROM THE PRESIDENT of his mother. He remained committed multidisciplinary brainchild, SMRT— Messages from the President of the to bringing the Armenian genocide to previously known as Stevens Morton United States were communicated to light and supporting Armenian auton- Rose & Thompson to represent the last the Senate by Mr. Williams, one of his omy. He was a man who worked hard, names of the company’s partners—is a secretaries.

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.068 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10058 CONGRESSIONAL RECORD — SENATE October 1, 2009 EXECUTIVE MESSAGES REFERRED nounced that the House disagrees to EXECUTIVE AND OTHER As in executive session the Presiding the amendment of the Senate to the COMMUNICATIONS Officer laid before the Senate messages bill (H.R. 2892) making appropriations The following communications were from the President of the United for the Department of Homeland Secu- laid before the Senate, together with States submitting sundry nominations rity for the fiscal year ending Sep- accompanying papers, reports, and doc- which were referred to the appropriate tember 30, 2010, and for other purposes, uments, and were referred as indicated: committees. and agrees to the conference asked by EC–3194. A communication from the Assist- (The nominations received today are the Senate on disagreeing votes of the ant Secretary, Bureau of Legislative Affairs, printed at the end of the Senate pro- two Houses thereon, and appoints the Department of State, transmitting, pursuant ceedings.) following Members as managers of the to the Arms Export Control Act, the certifi- conference on the part of the House: cation of a proposed agreement for the ex- f port of defense articles or services to Saudi Mr. PRICE of North Carolina, Mr. MESSAGES FROM THE HOUSE Arabia relative to the maintenance of the S– SERRANO, Mr. RODRIGUEZ, Mr. 92A helicopter, SA–92 Ground Based Trainer, At 10:56 a.m., a message from the RUPPERSBERGER, Mr. MOLLOHAN, Mrs. and night vision goggles in the amount of House of Representatives, delivered by LOWEY, Ms. ROYBAL-ALLARD, Mr. FARR, $50,000,000 or more; to the Committee on For- Ms. Niland, one of its reading clerks, Mr. ROTHMAN, Mr. OBEY, Mr. ROGERS of eign Relations. announced that the House has passed Kentucky, Mr. CARTER, Mr. CULBERSON, EC–3195. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, the following bills, without amend- Mr. KIRK, Mr. CALVERT, and Mr. LEWIS of California. Department of State, transmitting, pursuant ment: to the Arms Export Control Act, the certifi- cation of a proposed amendment to a manu- S. 1289. An act to improve title 18 of the At 2:47 p.m., a message from the United States Code. facturing license agreement for the assembly S. 1707. An act to authorize appropriations House of Representatives, delivered by in Canada of 25mm HEI–T and TP–T Ammu- for fiscal year 2010 through 2014 to promote Ms. Niland, one of its reading clerks, nition; to the Committee on Foreign Rela- an enhanced strategic partnership with announced that the House has agreed tions. Pakistan and its people, and for other pur- to the following concurrent resolution, EC–3196. A communication from the Assist- poses. in which it requests the concurrence of ant Secretary, Bureau of Legislative Affairs, The message also announced that the the Senate: Department of State, transmitting, pursuant to the Arms Export Control Act, the certifi- House has passed the following bills, in H. Con. Res. 151. Concurrent resolution ex- cation of a proposed amendment to a manu- which it requests the concurrence of pressing the sense of Congress that China re- facturing license agreement for the manufac- the Senate: lease democratic activist Liu Xiabo from im- ture of significant military equipment prisonment. H.R. 1053. An act to require the Office of abroad and the export of defense articles or Management and Budget to prepare a cross- The message also announced that the defense services relative to the RD–180 Liq- cut budget for restoration activities in the House agreed to the report of the com- uid Propellant Rocket Engine Program to Chesapeake Bay Watershed, to require the mittee of conference on the disagreeing Russia in the amount of $50,000,000 or more; Environmental Protection Agency to de- votes of the two Houses on the amend- to the Committee on Foreign Relations. velop and implement an adaptive manage- EC–3197. A communication from the Assist- ment of the Senate to the bill (H.R. ant Secretary, Bureau of Legislative Affairs, ment plan, and for other purposes. 3183) making appropriations for energy H.R. 1333. An act to amend chapter 40 of Department of State, transmitting, pursuant title 18, United States Code, to exempt the and water development and related to the Arms Export Control Act, the certifi- transportation, shipment, receipt, or impor- agencies for the fiscal year ending Sep- cation of a proposed technical assistance tation of explosive materials for delivery to tember 30, 2010, and for other purposes. agreement for the transfer of defense arti- a federally recognized Indian tribe or agency cles, including, technical data, and defense of such a tribe from various Federal criminal f services to the Republic of Korea relative to prohibitions relating to explosives. the manufacture of AH–64D fuselages and fu- H.R. 1727. An act to establish a national MEASURES REFERRED selage parts in the amount of $100,000,000 or criminal arsonist and criminal bomber reg- The following bills were read the first more; to the Committee on Foreign Rela- istry program and establish guidelines and tions. and the second times by unanimous EC–3198. A communication from the Assist- incentives for States, territories and tribes consent, and referred as indicated: to participate in such program. ant Secretary, Bureau of Legislative Affairs, H.R. 1771. An act to reauthorize the Chesa- H.R. 1053. An act to require the Office of Department of State, transmitting, pursuant peake Bay Office of National Oceanic and At- Management and Budget to prepare a cross- to the Arms Export Control Act, the certifi- mospheric Administration, and for other cut budget for restoration activities in the cation of a proposed amendment to a tech- purposes. Chesapeake Bay watershed, to require the nical assistance agreement for the transfer H.R. 3663. An act to amend title XVIII of Environmental Protection Agency to de- of defense articles, including, technical data, the Social Security Act to delay the date on velop and implement an adaptive manage- and defense services to Australia relative to which the accreditation requirement under ment plan, and for other purposes; to the the F/A–18 Program in the amount of the Medicare Program applies to suppliers of Committee on Environment and Public $100,000,000 or more; to the Committee on durable medical equipment that are phar- Works. Foreign Relations. EC–3199. A communication from the Assist- macies. H.R. 1333. An act to amend chapter 40 of title 18, United States Code, to exempt the ant Secretary, Bureau of Legislative Affairs, The message further announced that transportation, shipment, receipt, or impor- Department of State, transmitting, pursuant the House has agreed to the following tation of explosive materials for delivery to to the Arms Export Control Act, the certifi- concurrent resolution, in which it re- a federally recognized Indian tribe or an cation of a proposed manufacturing license quests the concurrence of the Senate: agency of such a tribe from various Federal agreement for the export of defense articles, including, technical data, and defense serv- H. Con. Res. 51. Concurrent resolution rec- criminal prohibitions relating to explosives; ices relative to the manufacture of the Mini- ognizing the 50th anniversary of the—signing to the Committee on the Judiciary. Pointer/Tracker Assembly, for the Large of the Antarctic Treaty. H.R. 1727. An act to establish a national criminal arsonist and criminal bomber reg- Aircraft Infrared Countermeasure System At 11:48 a.m., a message from the istry program and establish guidelines and for end—use by the U.S. Department of De- incentives for States, territories and tribes fense in the amount of $100,000,000 or more; House of Representatives, delivered by to participate in such program; to the Com- to the Committee on Foreign Relations. Ms. Niland, one of its reading clerks, mittee on the Judiciary. EC–3200. A communication from the Assist- announced that the House has agreed H.R. 1771. An act to reauthorize the Chesa- ant Secretary, Bureau of Legislative Affairs, to the following concurrent resolution, peake Bay Office of the National Oceanic and Department of State, transmitting, pursuant with amendments, in which it requests Atmospheric Administration; and for other to the Arms Export Control Act, the certifi- the concurrence of the Senate: purposes; to the Committee on Commerce, cation of a proposed manufacturing license Science, and Transportation. agreement for the export of defense articles, S. Con. Res. 41. Concurrent resolution pro- The following concurrent resolution including, technical data, and defense serv- viding for the acceptance of a statue of Helen ices to Japan relative to the manufacture of Keller, presented by the people of Alabama. was read, and referred as indicated: the J79 engine parts in the amount of H. Con. Res. 51. Concurrent resolution rec- $100,000,000 or more; to the Committee on At 1:30 p.m., a message from the ognizing the 50th anniversary of the signing Foreign Relations. House of Representatives, delivered by of the Antarctic Treaty; to the Committee EC–3201. A communication from the Assist- Mrs. Cole, one of its reading clerks, an- on Foreign Relations. ant Secretary, Bureau of Legislative Affairs,

VerDate Nov 24 2008 02:45 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.059 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10059 Department of State, transmitting, pursuant acid aircraft battery; to the Committee on EC–3218. A communication from the Dep- to the Arms Export Control Act, the certifi- Foreign Relations. uty Under Secretary of Defense (Acquisition cation of a proposed manufacturing license EC–3209. A communication from the Gen- and Technology), transmitting, pursuant to agreement for the export of defense articles, eral Counsel of the Department of Defense, law, a report relative to the Inventories of including, technical data, and defense serv- transmitting proposed legislation relative to Contracts for Services of (14) Department of ices relative to the manufacture of sixteen the transfer of certain naval vessels by grant Defense Agencies and Activities; to the Com- CH–47F Chinook Helicopters for the Italian and by sale; to the Committee on Foreign mittee on Armed Services. Ministry of Defense in the amount of Relations. EC–3219. A communication from the Chief $100,000,000 or more; to the Committee on EC–3210. A communication from the Assist- Counsel, Federal Emergency Management Foreign Relations. ant Secretary, Bureau of Legislative Affairs, Agency, Department of Homeland Security, EC–3202. A communication from the Assist- Department of State, transmitting, pursuant transmitting, pursuant to law, the report of ant Secretary, Bureau of Legislative Affairs, to the Arms Export Control Act, the certifi- a rule entitled ‘‘Suspension of Community Department of State, transmitting, pursuant cation of a proposed manufacturing license Eligibility’’ ((44 CFR Part 64)(Docket ID to the Arms Export Control Act, the certifi- agreement for the export of defense articles, FEMA–2008–0020; Internal Agency Docket No. cation of a proposed technical assistance including, technical data, and defense serv- FEMA–8095)) received in the Office of the agreement for the transfer of defense arti- ices to Japan relative to F100 Air Turbine President of the Senate on October 1, 2009; to cles, including, technical data, and defense Engines and Parts in the amount of the Committee on Banking, Housing, and services relative to the Proton launch of the $50,000,000 or more; to the Committee on For- Urban Affairs. W7 Commercial Communications Satellite eign Relations. EC–3220. A communication from the Assist- from the Baikonur Cosmodrome in EC–3211. A communication from the Assist- ant to the Board of Governors, Federal Re- Kazakhstan in the amount of $50,000,000 or ant Secretary, Bureau of Legislative Affairs, serve System, transmitting, pursuant to law, more; to the Committee on Foreign Rela- Department of State, transmitting, pursuant the report of a rule entitled ‘‘Reimburse- tions. to the Arms Export Control Act, the certifi- ments for Providing Financial Records; Rec- EC–3203. A communication from the Assist- cation of a proposed manufacturing license ordkeeping Requirements for Certain Finan- ant Secretary, Bureau of Legislative Affairs, agreement for the export of defense articles, cial Records’’ (Regulation S; Docket No. R– Department of State, transmitting, pursuant including, technical data, and defense serv- 1325) received in the Office of the President to the Arms Export Control Act, the certifi- ices to the Commonwealth of Australia rel- of the Senate on September 28, 2009; to the cation of a proposed technical assistance ative to MK 32 MOD 9 Surface Vessel Tor- Committee on Banking, Housing, and Urban pedo Tubes; to the Committee on Foreign agreement for the export of defense articles, Affairs. including, technical data, and defense serv- Relations. EC–3221. A communication from the Chair- EC–3212. A communication from the Assist- ices relative to the manufacture of the New man and President of the Export—Import ant Secretary, Bureau of Legislative Affairs, Dawn commercial communication satellite, Bank, transmitting, pursuant to law, a re- Department of State, transmitting, pursuant ground system equipment and associated port relative to transactions involving U.S. to the Arms Export Control Act, the certifi- software, and the Dynamic Satellite Simu- exports to Ireland; to the Committee on cation of a proposed transfer of major de- lator for Mauritius in the amount of Banking, Housing, and Urban Affairs. fense equipment with an original acquisition $50,000,000 or more; to the Committee on For- EC–3222. A communication from the Assist- value of more than $14,000,000 for Chile; to eign Relations. ant Secretary for Fish and Wildlife and the Committee on Foreign Relations. EC–3204. A communication from the Assist- EC–3213. A communication from the Assist- Parks, National Park Service, Department of ant Secretary, Bureau of Legislative Affairs, ant Secretary, Legislative Affairs, Depart- the Interior, transmitting, pursuant to law, Department of State, transmitting, pursuant ment of State, transmitting, pursuant to the the report of a rule entitled ‘‘Special Regula- to the Arms Export Control Act, the certifi- Anglo—Irish Agreement Support Act of 1986 tions; Areas of the National Park System’’ cation of a proposed amendment to a tech- and Executive Order 12163, certification that (RIN1024–AD79) received in the Office of the nical assistance agreement for the export of the Board of the International Fund for Ire- President of the Senate on October 1, 2008; to defense articles, including, technical data, land (the Fund) is, as a whole, broadly rep- the Committee on Energy and Natural Re- and defense services relative to the Proton resentative of the interests of the commu- sources. launch of the EchoStar XV Commercial nities in Ireland and Northern Ireland and EC–3223. A communication from the Chair- Communication Satellite from the Baikonur fiscal years 2008 and 2009 U.S. contributions man of the Federal Energy Regulatory Com- Cosmodrome in Kazakhstan in the amount of to the Fund; to the Committee on Foreign mission, transmitting, the Commission’s $50,000,000 or more; to the Committee on For- Relations. Strategic Plan for fiscal years 2009–2014; to eign Relations. EC–3214. A communication from the Direc- the Committee on Energy and Natural Re- EC–3205. A communication from the Assist- tor of the Regulatory Management Division, sources. ant Secretary, Bureau of Legislative Affairs, Office of Policy, Economics, and Innovation, EC–3224. A communication from the Sec- Department of State, transmitting, pursuant Environmental Protection Agency, transmit- retary of Energy, transmitting, pursuant to to the Arms Export Control Act, the certifi- ting, pursuant to law, the report of a rule en- law, a report relative to the Strategic Petro- cation of a proposed amendment to a tech- titled ‘‘Thiamethoxam; Pesticide Toler- leum Reserves 2008 Emergency Test Ex- nical assistance agreement for the export of ances’’ (FRL No. 8436–5) received in the Of- changes to mitigate the petroleum shortages defense articles, including, technical data, fice of the President of the Senate on Sep- following Hurricanes Gustav and Ike; to the and defense services to Japan relative to the tember 28, 2009; to the Committee on Agri- Committee on Energy and Natural Re- JCSAT–13 Commercial Communications Sat- culture, Nutrition, and Forestry. sources. ellite in the amount of $50,000,000 or more; to EC–3215. A communication from the Con- EC–3225. A communication from the Regu- the Committee on Foreign Relations. gressional Review Coordinator, Animal and latory Affairs Division Chief, Land and Min- EC–3206. A communication from the Assist- Plant Health Inspection Service, Department erals Management, Minerals Management ant Secretary, Bureau of Legislative Affairs, of Agriculture, transmitting, pursuant to Service, Department of the Interior, trans- Department of State, transmitting, pursuant law, the report of a rule entitled ‘‘User Fees mitting, pursuant to law, the report of a rule to the Arms Export Control Act, the certifi- for Agricultural Quarantine and Inspection entitled ‘‘Minerals Management: Adjustment cation of a proposed technical assistance Services’’ (Docket No. APHIS–2009–0048) re- of Cost Recovery Fees’’ (RIN1004–AE01) re- agreement for the export of defense articles, ceived in the Office of the President of the ceived in the Office of the President of the including, technical data, and defense serv- Senate on September 28, 2009; to the Com- Senate on September 26, 2009; to the Com- ices to Saudi Arabia relative to the Saudi mittee on Agriculture, Nutrition, and For- mittee on Environment and Public Works. Arabia National Guard Tactical Communica- estry. EC–3226. A communication from the Direc- tions Systems in the amount of $50,000,000 or EC–3216. A communication from the Con- tor of the Regulatory Management Division, more; to the Committee on Foreign Rela- gressional Review Coordinator, Animal and Office of Policy, Economics, and Innovation, tions. Plant Health Inspection Service, Department Environmental Protection Agency, transmit- EC–3207. A communication from the Assist- of Agriculture, transmitting, pursuant to ting a report entitled ‘‘Interim Guidance ant Secretary, Bureau of Legislative Affairs, law, the report of a rule entitled ‘‘Commuted Providing Communities with Opportunities Department of State, transmitting, pursuant Traveltime’’ (Docket No. APHIS–2009–0055) for Independent Technical Assistance in to the Arms Export Control Act, the pro- received in the Office of the President of the Superfund Settlements’’; to the Committee posed removal from the U.S. Munitions List Senate on September 28, 2009; to the Com- on Environment and Public Works. of a differential electronic preamplifier mittee on Agriculture, Nutrition, and For- EC–3227. A communication from the Direc- originally designed for use on a submarine estry. tor of the Regulatory Management Division, towed array; to the Committee on Foreign EC–3217. A communication from the Com- Office of Policy, Economics, and Innovation, Relations. mission on Wartime Contracting in Iraq and Environmental Protection Agency, transmit- EC–3208. A communication from the Assist- Afghanistan, transmitting, pursuant to law, ting a report entitled ‘‘Lead Dust Hazard ant Secretary, Bureau of Legislative Affairs, a report entitled ‘‘Defense Agencies Must Standards and Definition of Lead-Based Department of State, transmitting, pursuant Improve Their Oversight of Contractor Busi- Paint; TSCA Section 21 Petition; Notice of to the Arms Export Control Act, the pro- ness Systems to Reduce Waste, Fraud, and Receipt and Request for Comment’’; to the posed removal from the U.S. Munitions List Abuse’’; to the Committee on Armed Serv- Committee on Environment and Public of a particular valve regulated, sealed lead ices. Works.

VerDate Nov 24 2008 02:45 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.055 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10060 CONGRESSIONAL RECORD — SENATE October 1, 2009 EC–3228. A communication from the Direc- ferred or ordered to lie on the table as By Mr. LEAHY, from the Committee on tor of the Regulatory Management Division, indicated: the Judiciary: Report to accompany S. 327, a bill to Office of Policy, Economics, and Innovation, POM–84. A joint resolution adopted by the amend the Violence Against Women Act of Environmental Protection Agency, transmit- General Assembly of the State of Tennessee 1994 and the Omnibus Crime Control and Safe ting, pursuant to law, the report of a rule en- urging the Department of Veterans Affairs Streets Act of 1968 to improve assistance to titled ‘‘Approval and Promulgation of Air (VA) to accept Rhea County’s proposed dona- domestic and sexual violence victims and Quality Implementation Plans; Update to tion of its old hospital building, facilities, provide for technical corrections (Rept. No. Materials Incorporated by Reference’’ (FRL and campus to the VA and to utilize such 111–85). No. 8952–8) received in the Office of the Presi- building, facilities, and campus to locate a dent of the Senate on September 28, 2009; to VA medical facility at such site; to the Com- f the Committee on Environment and Public mittee on Veterans’ Affairs. EXECUTIVE REPORTS OF Works. HOUSE JOINT RESOLUTION NO. 546 EC–3229. A communication from the Direc- COMMITTEES A Resolution relative to the location of a tor of the Regulatory Management Division, U.S. Department of Veterans Affairs medical The following executive reports of Office of Policy, Economics, and Innovation, facility in Rhea County. nominations were submitted: Environmental Protection Agency, transmit- Whereas, East Tennessee is in great need of By Mr. LEAHY for the Committee on the ting, pursuant to law, the report of a rule en- a medical facility to serve its brave vet- Judiciary. titled ‘‘Approval and Promulgation of Air erans; and Joseph A. Greenaway, Jr., of New Jersey, Quality Implementation Plans; Revised For- Whereas, because of Rhea County’s central to be United States Circuit Judge for the mat for Materials Being Incorporated by Ref- location, the location of a U.S. Department Third Circuit. erence for New Hampshire’’ (FRL No. 8955–9) of Veterans Affairs (VA) hospital there Roberto A. Lange, of South Dakota, to be received in the Office of the President of the would serve approximately 30,000 veterans United States District Judge for the District Senate on September 28, 2009; to the Com- from East Tennessee, North Georgia, and of South Dakota. mittee on Environment and Public Works. Northern Alabama; and Irene Cornelia Berger, of West Virginia, to EC–3230. A communication from the Direc- Whereas, presently, veterans living in East be United States District Judge for the tor of the Regulatory Management Division, Tennessee must travel 150 miles to the Alvin Southern District of West Virginia. Office of Policy, Economics, and Innovation, C. York VA facility in Murfeesboro for med- Charlene Edwards Honeywell, of Florida, Environmental Protection Agency, transmit- ical treatment; this extensive travel creates to be United States District Judge for the ting, pursuant to law, the report of a rule en- a hardship for most of these veterans; and Middle District of Florida. titled ‘‘Prevention of Significant Deteriora- Whereas, Rhea County has recently opened David Lyle Cargill, Jr., of New Hampshire, tion (PSD) and Nonattainment New Source a new hospital and has generously offered to to be United States Marshal for the District Review (NSR): Reconsideration of Inclusion donate its old hospital building, facilities, of New Hampshire for the term of four years. Timothy J. Heaphy, of Virginia, to be of Fugitive Emissions’’ (FRL No. 8937–8) re- and campus to the VA for the express pur- United States Attorney for the Western Dis- ceived in the Office of the President of the pose of locating a much needed medical facil- trict of Virginia for the term of four years. Senate on September 28, 2009; to the Com- ity there to serve the veterans of East Ten- mittee on Environment and Public Works. nessee; and (Nominations without an asterisk EC–3231. A communication from the Direc- Whereas, the Old Rhea County Medical were reported with the recommenda- tor of the Regulatory Management Division, Center building could be easily modified to tion that they be confirmed.) house 150 beds, and the building is still Office of Policy, Economics, and Innovation, equipped with modern technology and mod- f Environmental Protection Agency, transmit- ern operational systems; and INTRODUCTION OF BILLS AND ting, pursuant to law, the report of a rule en- Whereas, easily accessible from U.S. High- titled ‘‘Mandatory Reporting of Green House way 27, the old Rhea County hospital prop- JOINT RESOLUTIONS Gases’’ (FRL No. 8963–5) received in the Of- erty includes 132 vacant acres that could be The following bills and joint resolu- fice of the President of the Senate on Sep- utilized for expansion in the future; and tions were introduced, read the first tember 28, 2009; to the Committee on Envi- Whereas, in addition to serving the med- ronment and Public Works. and second times by unanimous con- ical needs of our East Tennessee veterans, sent, and referred as indicated: EC–3232. A communication from the Chief the location of a VA medical facility in Rhea of the Publications and Regulations Branch, County would create new jobs in the area; By Mr. BURR (for himself and Mrs. Internal Revenue Service, Department of the and HAGAN): Treasury, transmitting, pursuant to law, the Whereas, our veterans have sacrificed a S. 1735. A bill to provide for the recogni- report of a rule entitled ‘‘TD–9465—Deter- great deal in defending and protecting our tion of the Lumbee Tribe of North Carolina, mination of Interest Expense Deduction of Nation, and the State of Tennessee and the and for other purposes; to the Committee on Foreign Corporations’’ (RIN1545–BF71) re- Federal Government should work together to Indian Affairs . ceived in the Office of the President of the adequately provide for the medical needs of By Mr. LAUTENBERG (for himself, Senate on September 28, 2009; to the Com- these valiant citizens; Now, therefore, be it Mr. BROWNBACK, Mr. LIEBERMAN, Ms. mittee on Finance. Resolved by the House of Representatives of LANDRIEU, Mr. MENENDEZ, Mr. FEIN- EC–3233. A communication from the Chief the one hundred sixth General Assembly of the GOLD, Mr. SCHUMER, Mrs. GILLIBRAND, of the Publications and Regulations Branch, State of Tennessee, the Senate concurring, That and Mr. REID): Internal Revenue Service, Department of the this General Assembly strongly urges and S. 1736. A bill to provide the spouses and Treasury, transmitting, pursuant to law, the encourages the U.S. Department of Veterans children of aliens who perished in the Sep- report of a rule entitled ‘‘Extension of Re- Affairs to accept Rhea County’s proposed do- tember 11 terrorist attacks an opportunity placement Period for Livestock Sold on Ac- nation of its old hospital building, facilities, to adjust their status to that of an alien law- count of Drought in Specified Counties’’ (No- and campus to the VA and to utilize such fully admitted for permanent residence; to tice 2009–81) received in the Office of the building, facilities, and campus to locate a the Committee on the Judiciary. President of the Senate on September 28, VA medical facility at such site. Be it fur- By Mr. FRANKEN (for himself, Ms. 2009; to the Committee on Finance. ther MURKOWSKI, and Mr. BINGAMAN): Resolved, That this General Assembly urges EC–3234. A communication from the Fed- S. 1737. A bill to amend the Richard B. Rus- each member of Tennessee’s Congressional eral Register Liaison Officer, Alcohol and sell National School Lunch Act and the delegation to use the full measure of his or Tobacco Tax and Trade Bureau, Department Child Nutrition Act of 1966 to increase the her power and influence to facilitate the lo- of the Treasury, transmitting, pursuant to number of children eligible for free school cation of a VA medical facility at the old meals, with a phased-in transition period; to law, the report of a rule entitled ‘‘Extension Rhea County hospital campus; and be it fur- of Package Use-Up Rule for Roll-Your-Own the Committee on Agriculture, Nutrition, ther and Forestry. Tobacco and Pipe Tobacco (2009R–368P)’’ Resolved, That an enrolled copy of this res- By Ms. CANTWELL (for herself, Mr. (RIN1513–AB75) received in the Office of the olution be transmitted to the Honorable BINGAMAN, Mrs. FEINSTEIN, Mr. President of the Senate on September 28, Brack Obama, President of the United LIEBERMAN, Mr. CARDIN, Mr. KAUF- 2009; to the Committee on Finance. States; the U.S. Secretary of Veterans Af- MAN, Mr. DURBIN, Mr. WEBB, Mr. EC–3235. A communication from the Chair- fairs; the Speaker and the Clerk of the U.S. MERKLEY, Mrs. BOXER, Mr. man of the U.S. International Trade Com- House of Representatives; the President and WHITEHOUSE, Mr. KERRY, Mr. SCHU- mission, transmitting, pursuant to law, the the Secretary of the U.S. Senate; each mem- MER, Mr. LAUTENBERG, Mr. AKAKA, biennial report entitled ‘‘The Impact of the ber of Tennessee’s Congressional delegation; Mr. DODD, Mr. BURRIS, Mr. MENEN- Caribbean Basin Economic Recovery Act’’; and the Honorable Phil Bredesen, Governor DEZ, Mr. HARKIN, Mr. WARNER, Mr. to the Committee on Finance. of Tennessee. REED, Mrs. MURRAY, Mrs. HAGAN, Mr. f f BROWN, and Mrs. GILLIBRAND): PETITIONS AND MEMORIALS REPORTS OF COMMITTEES S. 1738. A bill to provide lasting protection for inventoried roadless areas within the Na- The following petition or memorial The following reports of committees tional Forest System; to the Committee on was laid before the Senate and was re- were submitted: Energy and Natural Resources.

VerDate Nov 24 2008 02:45 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.057 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10061 By Mr. DODD: and precious ecosystem; to the Committee (Mr. WICKER) and the Senator from S. 1739. A bill to promote freedom of the on Energy and Natural Resources. Mississippi (Mr. COCHRAN) were added press around the world; to the Committee on By Mr. REID (for himself, Ms. CANT- as cosponsors of S. 604, a bill to amend Foreign Relations. WELL, Mr. AKAKA, Mr. ENSIGN, Mr. title 31, United States Code, to reform By Mrs. MURRAY (for herself, Mr. INOUYE, and Mr. MENENDEZ): BROWN, and Mr. DODD): S. Res. 298. A resolution recognizing Fili- the manner in which the Board of Gov- S. 1740. A bill to promote the economic se- pino American History Month in October ernors of the Federal Reserve System curity and safety of victims of domestic vio- 2009; considered and agreed to. is audited by the Comptroller General lence, dating violence, sexual assault, or By Mr. CARDIN (for himself and Mr. of the United States and the manner in stalking, and for other purposes; to the Com- BURR): which such audits are reported, and for mittee on Health, Education, Labor, and S. Res. 299. A resolution expressing support other purposes. Pensions. for the goals and ideals of National Infant S. 850 By Mrs. GILLIBRAND: Mortality Awareness Month 2009; considered S. 1741. A bill to authorize States or polit- and agreed to. At the request of Mr. KERRY, the ical subdivisions thereof to regulate fuel By Ms. COLLINS (for herself, Mr. CAR- name of the Senator from South Da- economy and emissions standards for taxi- PER, Mr. DODD, Mr. MCCAIN, and Mr. kota (Mr. JOHNSON) was added as a co- cabs; to the Committee on Commerce, LIEBERMAN): sponsor of S. 850, a bill to amend the Science, and Transportation. S. Res. 300. A resolution supporting the High Seas Driftnet Fishing Morato- goals and ideals of Fire Prevention Week and By Mr. WHITEHOUSE (for himself, Mr. rium Protection Act and the Magnu- CASEY, and Mr. SPECTER): the work of firefighters in educating and pro- S. 1742. A bill to amend the Public Health tecting the communities of this Nation; con- son-Stevens Fishery Conservation and Service Act to provide assistance for grad- sidered and agreed to. Management Act to improve the con- uate medical education funding for women’s By Mr. SESSIONS (for himself and Mr. servation of sharks. hospitals; to the Committee on Health, Edu- SHELBY): S. 870 S. Con. Res. 42. A concurrent resolution cation, Labor, and Pensions. At the request of Mrs. LINCOLN, the providing for the acceptance of a statue of By Mrs. LINCOLN (for herself and Ms. name of the Senator from Michigan SNOWE): Helen Keller, presented by the people of Ala- S. 1743. A bill to amend the Internal Rev- bama; considered and agreed to. (Ms. STABENOW) was added as a cospon- enue Code of 1986 to expand the rehabilita- By Mr. MCCONNELL (for himself and sor of S. 870, a bill to amend the Inter- tion credit, and for other purposes; to the Mr. REID): nal Revenue Code of 1986 to expand the Committee on Finance. S. Con. Res. 43. A concurrent resolution au- credit for renewable electricity produc- By Mr. SCHUMER (for himself and thorizing the use of the rotunda of the Cap- tion to include electricity produced Mrs. GILLIBRAND): itol for the presentation of the Congressional from biomass for on-site use and to S. 1744. A bill to require the Administrator Gold Medal to former Senator Edward Brooke; considered and agreed to. modify the credit period for certain fa- of the Federal Aviation Administration to cilities producing electricity from prescribe regulations to ensure that all crew- f members on air carriers have proper quali- open-loop biomass. fications and experience, and for other pur- ADDITIONAL COSPONSORS S. 883 poses; to the Committee on Commerce, S. 254 At the request of Mr. KERRY, the Science, and Transportation. At the request of Mrs. LINCOLN, the name of the Senator from Missouri By Mrs. MCCASKILL: name of the Senator from Iowa (Mr. (Mrs. MCCASKILL) was added as a co- S. 1745. A bill to expand whistleblower pro- HARKIN) was added as a cosponsor of S. sponsor of S. 883, a bill to require the tections to non-Federal employees whose disclosures involve misuse of Federal funds; 254, a bill to amend title XVIII of the Secretary of the Treasury to mint to the Committee on Homeland Security and Social Security Act to provide for the coins in recognition and celebration of Governmental Affairs. coverage of home infusion therapy the establishment of the Medal of By Mr. DORGAN: under the Medicare Program. Honor in 1861, America’s highest award S. 1746. A bill to amend title XVIII of the S. 456 for valor in action against an enemy Social Security Act to exempt small phar- At the request of Mr. DODD, the name force which can be bestowed upon an macies from certain Medicare accreditation of the Senator from Kentucky (Mr. individual serving in the Armed Serv- requirements for the purpose of providing di- ices of the United States, to honor the abetic testing strips under part B; to the BUNNING) was added as a cosponsor of Committee on Finance. S. 456, a bill to direct the Secretary of American military men and women By Mrs. FEINSTEIN: Health and Human Services, in con- who have been recipients of the Medal S. 1747. A bill for the relief of Javier Lopez- sultation with the Secretary of Edu- of Honor, and to promote awareness of Urenda and Maria Leticia Arenas; to the cation, to develop guidelines to be used what the Medal of Honor represents Committee on the Judiciary. on a voluntary basis to develop plans and how ordinary Americans, through By Mrs. BOXER: to manage the risk of food allergy and courage, sacrifice, selfless service and S. 1748. A bill to establish a program of re- patriotism, can challenge fate and search, recovery, and other activities to pro- anaphylaxis in schools and early child- vide for the recovery of the southern sea hood education programs, to establish change the course of history. otter; to the Committee on Commerce, school-based food allergy management S. 991 Science, and Transportation. grants, and for other purposes. At the request of Mr. INHOFE, the By Mr. SHELBY (for himself, Mr. S. 493 name of the Senator from Oklahoma VITTER, and Mr. ROBERTS): At the request of Mr. CASEY, the (Mr. COBURN) was added as a cosponsor S.J. Res. 20. A joint resolution proposing name of the Senator from Rhode Island of S. 991, a bill to declare English as an amendment to the Constitution of the (Mr. WHITEHOUSE) was added as a co- the official language of the United United States which requires (except during time of war and subject to suspension by sponsor of S. 493, a bill to amend the States, to establish a uniform English Congress) that the total amount of money Internal Revenue Code of 1986 to pro- language rule for naturalization, and expended by the United States during any vide for the establishment of ABLE ac- to avoid misconstructions of the fiscal year not exceed the amount of certain counts for the care of family members English language texts of the laws of revenue received by the United States during with disabilities, and for other pur- the United States, pursuant to Con- such fiscal year and not exceed 20 percent of poses. gress’ powers to provide for the general the gross national product of the United S. 524 welfare of the United States and to es- States during the previous calendar year; to tablish a rule of naturalization under the Committee on the Judiciary. At the request of Mr. FEINGOLD, the name of the Senator from Virginia (Mr. article I, section 8, of the Constitution. f WARNER) was added as a cosponsor of S. S. 1055 SUBMISSION OF CONCURRENT AND 524, a bill to amend the Congressional At the request of Mrs. BOXER, the SENATE RESOLUTIONS Budget and Impoundment Control Act name of the Senator from Connecticut The following concurrent resolutions of 1974 to provide for the expedited con- (Mr. LIEBERMAN) was added as a co- and Senate resolutions were read, and sideration of certain proposed rescis- sponsor of S. 1055, a bill to grant the referred (or acted upon), as indicated: sions of budget authority. congressional gold medal, collectively, By Mr. WEBB: S. 604 to the 100th Infantry Battalion and the S. Res. 297. A resolution to recognize the At the request of Mr. SANDERS, the 442nd Regimental Combat Team, Dyke Marsh Wildlife Preserve as a unique names of the Senator from Mississippi United States Army, in recognition of

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.070 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10062 CONGRESSIONAL RECORD — SENATE October 1, 2009 their dedicated service during World (Mr. TESTER) was added as a cosponsor and the Child Nutrition Act of 1966 to War II. of S. Res. 263, a resolution designating increase the number of children eligi- S. 1215 October 2009 as ‘‘National Medicine ble for free school meals, with a At the request of Mr. CASEY, the Abuse Awareness Month’’. phased-in transition period; to the name of the Senator from New York S. RES. 295 Committee on Agriculture, Nutrition, (Mrs. GILLIBRAND) was added as a co- At the request of Mr. BAYH, the and Forestry. sponsor of S. 1215, a bill to amend the names of the Senator from Montana Mr. FRANKEN. Mr. President, in a Safe Drinking Water Act to repeal a (Mr. TESTER) and the Senator from country as wealthy as ours, it is certain exemption for hydraulic frac- Connecticut (Mr. DODD) were added as shameful to let any child go hungry. turing, and for other purposes. cosponsors of S. Res. 295, a resolution That is why today, Senator MURKOWSKI S. 1375 designating October 13, 2009, as ‘‘Na- and I are introducing the Expand At the request of Mr. ROBERTS, the tional Metastatic Breast Cancer School Meals Act. By eliminating the name of the Senator from Wisconsin Awareness Day’’. reduced price meals category and re- (Mr. FEINGOLD) was added as a cospon- S. RES. 296 placing it with the free meal program, sor of S. 1375, a bill to amend the Agri- At the request of Mrs. LINCOLN, the this legislation will ensure that low-in- cultural Credit Act of 1987 to reauthor- names of the Senator from Maine (Ms. come children are not denied nutri- ize State mediation programs. COLLINS) and the Senator from Con- tious food during the school day if S. 1379 necticut (Mr. DODD) were added as co- their family can’t afford to pay for it. At the request of Mr. WHITEHOUSE, sponsors of S. Res. 296, a resolution It is important to remember that the name of the Senator from Colorado designating October 2009 as ‘‘National this will improve student readiness for (Mr. UDALL) was added as a cosponsor Work and Family Month’’. school. Parents have long known, and of S. 1379, a bill to encourage energy ef- AMENDMENT NO. 2555 recent studies confirm, that children ficiency and conservation and develop- At the request of Mr. SPECTER, his cannot learn on empty stomachs. Hun- ment of renewable energy sources for name was added as a cosponsor of gry children perform worse on achieve- housing, commercial structures, and amendment No. 2555 proposed to H.R. ment tests, have trouble concen- other buildings, and to create sustain- 3326, a bill making appropriations for trating, and are more likely to act out able communities. the Department of Defense for the fis- in school. Securing access to healthy S. 1532 cal year ending September 30, 2010, and foods for low-income children is there- At the request of Mrs. MURRAY, the for other purposes. fore not only a means of reducing child name of the Senator from Rhode Island AMENDMENT NO. 2560 hunger, but also an important strategy (Mr. REED) was added as a cosponsor of At the request of Mr. COCHRAN, the for narrowing the achievement gap. S. 1532, a bill to establish partnerships names of the Senator from Missouri There are 3.1 million low-income to create or enhance educational and (Mrs. MCCASKILL) and the Senator from children across the Nation, and 54,000 skills development pathways to 21st South Carolina (Mr. DEMINT) were children in Minnesota are eligible for century careers, and for other pur- added as cosponsors of amendment No. reduced-price school meals. This means poses. 2560 intended to be proposed to H.R. that the families of these children pay S. 1652 3326, a bill making appropriations for for part of their children’s school At the request of Mr. HARKIN, the the Department of Defense for the fis- meals. Currently, these families must name of the Senator from New Jersey cal year ending September 30, 2010, and pay 40 cents for each lunch and 30 cents (Mr. MENENDEZ) was added as a cospon- for other purposes. for each breakfast their children eat at sor of S. 1652, a bill to amend part B of AMENDMENT NO. 2561 school. While this may not sound like a the Individuals with Disabilities Edu- At the request of Mr. CASEY, the lot of money to members of Congress, cation Act to provide full Federal fund- name of the Senator from Minnesota to a family that is barely scraping by, ing of such part. (Ms. KLOBUCHAR) was added as a co- especially in today’s economy, the cost S. 1683 sponsor of amendment No. 2561 in- can be prohibitive. At the request of Mr. BENNET, the tended to be proposed to H.R. 3326, a In this tough economy, a growing name of the Senator from Montana bill making appropriations for the De- number of these families simply can no (Mr. TESTER) was added as a cosponsor partment of Defense for the fiscal year longer afford to pay. Low-income chil- of S. 1683, a bill to apply recaptured ending September 30, 2010, and for dren in Minnesota and across the coun- taxpayer investments toward reducing other purposes. try are increasingly being turned away the national debt. AMENDMENT NO. 2562 from school lunch counters because S. 1692 At the request of Mr. ENSIGN, his they don’t have enough money in their At the request of Mr. LEAHY, the name was added as a cosponsor of meal accounts. In some districts, chil- names of the Senator from California amendment No. 2562 proposed to H.R. dren in the reduced price meal program (Mrs. FEINSTEIN), the Senator from 3326, a bill making appropriations for are humiliated when they are forced to Rhode Island (Mr. WHITEHOUSE) and the the Department of Defense for the fis- pay small fees in front of their peers, Senator from Minnesota (Ms. cal year ending September 30, 2010, and or when they are handed cheese sand- KLOBUCHAR) were added as cosponsors for other purposes. wiches instead of regular meals on the of S. 1692, a bill to extend the sunset of AMENDMENT NO. 2582 days they cannot afford to pay. It then certain provisions of the USA PA- At the request of Mr. MENENDEZ, the becomes abundantly clear to all of TRIOT Act and the authority to issue name of the Senator from California their peers in the lunchroom that they national security letters, and for other (Mrs. FEINSTEIN) was added as a co- are in the reduced price program. purposes. sponsor of amendment No. 2582 in- Teachers in Minnesota and elsewhere S. 1709 tended to be proposed to H.R. 3326, a have reported that many children At the request of Ms. STABENOW, the bill making appropriations for the De- choose to avoid this stigma by just name of the Senator from Indiana (Mr. partment of Defense for the fiscal year skipping meals. BAYH) was added as a cosponsor of S. ending September 30, 2010, and for The indecency of turning away chil- 1709, a bill to amend the National Agri- other purposes. dren from the school lunch counter be- cultural Research, Extension, and f comes all too evident when one hears Teaching Policy Act of 1977 to estab- the stories of the food service workers lish a grant program to promote efforts STATEMENTS ON INTRODUCED and teachers who have to confront to develop, implement, and sustain vet- BILLS AND JOINT RESOLUTIONS these children directly. In the Rose- erinary services, and for other pur- By Mr. FRANKEN (for himself, ville, Minnesota, school district, for ex- poses. Ms. MURKOWSKI, and Mr. BINGA- ample, schools recently reported that S. RES. 263 MAN): parents with health problems showed At the request of Mr. GRASSLEY, the S. 1737. A bill to amend the Richard up at the district office unable to pay name of the Senator from Montana B. Russell National School Lunch Act for reduced-price lunch. The families,

VerDate Nov 24 2008 02:45 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.062 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10063 however, had too much income to qual- times, I am hopeful that this will be advice in 1996 in an attempt to legalize ify for the free lunch program. The dis- the year that we expand eligibility for his status. However, the enactment of trict policy is that children who cannot free school meals. I urge all of my col- the Illegal Immigration Reform and pay for school lunches can receive leagues to join us in this endeavor and Immigration Responsibility Act, cheese sandwiches for three days, and do right by our children. IIRIRA, eliminated his ability to apply then must be turned away. Roseville for suspension of deportation. cashiers and food service managers By Mrs. FEINSTEIN: Mr. Lopez-Urenda also attempted to have been using their own money to S. 1747. A bill for the relief of Javier legalize through his employer, but the cover children who they know cannot Lopez-Urenda and Maria Leticia Are- labor certification remained pay. nas; to the Committee on the Judici- unadjudicated for nearly three years. This situation is entirely unaccept- ary. Once the Department of Labor granted able. It is unacceptable not only be- Mrs. FEINSTEIN. Mr. President, his labor certification, Mr. Lopez- cause we are allowing children to go today I am introducing a private relief Urenda could have legalized his status hungry today, but also because we bill on behalf of Javier Lopez-Urenda but for the fact that his removal case know the impact of this hunger on and his wife, Maria Leticia Arenas. Mr. had already been resolved against him Lopez-Urenda and his wife are Mexican their future. We know that insufficient due to the change in law. access to food will negatively affect nationals living in Fremont, Cali- When the Ninth Circuit Court denied their development, as well as their edu- fornia, and the loving parents of three his appeal, the Court acknowledged the cational outcomes, which together will U.S. citizen children, Bryan, age 16, compelling circumstances of Mr. have a lasting impact on their ability Ashley, age 12, and Nancy, age 6. Lopez-Urenda’s case. The court stated: I have decided to introduce this pri- to reach their potential. vate bill to ensure that this family We are not unmindful of the unique and ex- Recent studies show just how dev- tremely sympathetic circumstances of this astating the impact of food insecurity stays together because they have dem- case. By all accounts, Petitioner has been an is on the academic and social outcomes onstrated an extraordinary commit- exemplary father, employee, and member of of school children. For example, re- ment to each other and the greater his local community. If he were to be de- searchers at Cornell and the University community in the Bay area. I believe ported, he would be separated from his wife, Mr. Lopez-Urenda and Ms. Arenas three U.S. citizen children, and the life he of Michigan found that children ages 6 merit Congress’ special consideration has worked so hard to build over the past to 11 who lacked sufficient food had for such an extraordinary form of relief seventeen years. In light of the unfortunate significantly lower arithmetic scores, as a private bill. sequence of events leading up this juncture and were more likely to have repeated Javier Lopez-Urenda was born in and Petitioner’s positive contributions to so- a grade than their peers. Furthermore, Michoaca´ n, Mexico. When he was 19 ciety, Petition may very well be deserving of prosecutorial grace. they found that teenagers who lacked years old, his father was stabbed and sufficient food were almost three times murdered while working as a cab driv- Unfortunately, Mr. Lopez-Urenda as likely to have been suspended from er. In 1990, at the age of 23, Mr. Lopez- faces deportation today despite his school. Similarly, researchers at Har- Urenda came to the United States to sympathetic circumstances and the vard Medical School, and Massachu- find a higher paying job to support his significant positive contributions that setts General Hospital found that chil- extended family. Leticia Arenas came he and his family have made to society. dren who, according to their parents, to the U.S. at the age of 17 after her These contributions to the San were experiencing hunger, were two to mother died of cancer. Mr. Lopez- Mateo and Fremont communities have four times more likely than other chil- Urenda and Ms. Arenas have now been truly been exceptional. He is an active dren to repeat a grade, access special living in the U.S.for almost 20 years. volunteer for the Women’s Foundation education services, or receive mental Mr. Lopez-Urenda is the sole finan- of California, Lance Armstrong’s health counseling. cial provider for his wife and three U.S. Livestrong Foundation, the Saint Pat- Based on this research, it is clear citizen children and owns his own rick Proto Cathedral Parish, the Amer- that child hunger must be one of the home. For over 17 years, Mr. Lopez- ican Red Cross, and just last year he factors that we address if we are seri- Urenda has worked at Full Bloom Bak- was one of the key organizers of the ous about closing the achievement gap ing Company, a commercial bakery in California AIDS Ride. and giving every child in America a San Mateo, California, and was the sec- Ms. Arenas has also volunteered in genuine opportunity to succeed. ond employee that they hired. With the community as a religious school I would like to conclude by com- Mr. Lopez-Urenda’s help, the company teacher at Our Lady of the Rosary mending my colleagues on both sides of grew to one of the largest commercial Church, a health promoter at the the aisle for their leadership in advo- bakeries in the Bay Area, which cur- Tiburcio Vasquez Health Center, and a cating for the extension of free school rently employs approximately 385 peo- sexual assault counselor at Bay Area meals to children of the working poor. ple in the bay area. Woman Against Rape. These efforts began with Senator Eliza- Full Bloom Baking Company has My office has received 46 letters of beth Dole, who in 2003 introduced a bill stated: support on behalf of this family stay- that would have also phased out the re- Javier is critical to the operation of our ing together in the community that duced price meals category. And in business. . . . He holds a tremendous amount they have helped build. Below are a few 2004, Senator Dole advocated for a pro- of ‘institutional knowledge’ that can never notable excerpts from the letters I vision to be included in the Child Nu- be replaced. He mentors and develops Team have received reflecting the impact of trition and WIC Reauthorization Act members, conducts training classes, and has this family on the community: that authorized a 5 State pilot project deep understanding of complex industrial Patricia W. Change, CEO of Feed the to test the feasibility of eliminating baking equipment and is an expert on how to Hunger Foundation, former President/ produce wonderful artisan quality products the reduced price category. Funding for CEO of the Women’s Foundation of this project, unfortunately, was never from the intricate interactions of formula, people and equipment. California, and a prior San Francisco appropriated. Mr. Lopez-Urenda’s coworkers have Commissioner and U.S. Commissioner Some States and districts therefore writes: decided to take matters into their own also written to me about his value to the company. Coleen Donnelly writes: Mr. Urenda has always operated with the hands. I am proud to represent a State highest integrity. Asking Mr. Urenda to I am lucky enough to have worked with that decided to eliminate the reduced leave the United States would deprive his Javier briefly at the bakery he helped build price category for school breakfasts. children of their father, an upstanding resi- from the ground up. I always knew he was in dent of the country. It would deprive the Based on the experience of these local- the room before I saw him. His presence is ities, we have learned that expanding such a positive force. He has the natural community of an active participant, leader, eligibility for free meals to children in ability to manage and lead people and make and volunteer. the reduced price category signifi- it all seem like play, not work. Without The Bay Area Women Against Rape cantly increases their participation in Javier at the bakery, the lives of hundreds of indicates that Leticia has been ‘‘suc- school breakfast and lunch programs. people will change. cessful, available, [and] committed to In light of the experiences of these With the encouragement of his em- the cause of breaking the silence of localities, and the difficult economic ployer, Mr. Lopez-Urenda sought legal sexual abuse in our community.’’

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.066 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10064 CONGRESSIONAL RECORD — SENATE October 1, 2009 Judy Patrick, President/CEO of the ters of support be printed in the discretion to grant a request for deferred ac- Women’s Foundation of California, RECORD. tion, considering Javier’s immigration his- writes: There being no objection, the mate- tory, length of U.S. residence, criminal his- rial was ordered to be printed in the tory, and cooperation with law enforcement, Javier Urenda is fulfilling tremendous future admissibility, community attention needs within his community. He is a model RECORD, as follows: and humanitarian concerns. However, the participant in this society. S. 1747 agency denied his request and has issued a Christine Bozzini, a friend and former Be it enacted by the Senate and House of Rep- surrender notice for Monday, May 24, 2004. coworker of Mr. Lopez-Urenda, writes: resentatives of the United States of America in The Labor certification that my company, Javier strives to create a meaningful and Congress assembled, FullBloom Baking Company filed for Javier rewarding life with his children, focusing on SECTION 1. PERMANENT RESIDENT STATUS FOR on April 26, 2001, after 3 long years, was fi- supporting them in their studies, as well as JAVIER LOPEZ-URENDA AND MARIA nally granted on March 19, 2004. We imme- a variety of athletic pursuits and personal LETICIA ARENAS. diately filed a petition to immigrate Javier interests. For example, over the last few (a) IN GENERAL.—Notwithstanding sub- with the California Service Center. Our law- years he has taken great pride in traveling sections (a) and (b) of section 201 of the Im- yers have also filed a motion to reopen and to various U.S. monuments in order to teach migration and Nationality Act (8 U.S.C. request for stay at the Board of Immigration his children about the birth of their country. 1151), Javier Lopez-Urenda and Maria Leticia Appeals (BIA) for Javier, but I am told that it is unlikely the BIA will grant such a mo- One of the other compelling reasons Arenas shall each be eligible for issuance of an immigrant visa or for adjustment of sta- tion if the USICE does not join or does not for permitting these parents to remain tus to that of an alien lawfully admitted for oppose this motion. Therefore, I am request- in the United States is the impact that permanent residence upon filing an applica- ing that you call officials at USICE and urge deportation would have on their three tion for issuance of an immigrant visa under them join or to not oppose Javier’s motion U.S. citizen minor children, Bryan, section 204 of such Act (8 U.S.C. 1154) or for to reopen now pending before the BIA. (Con- Ashley, and Nancy. adjustment of status to lawful permanent tact names and numbers attached). We ac- All too often, U.S. citizen children resident. knowledge that this type of action is only taken in the most extraordinary cases, but face the loss of a parent through depor- (b) ADJUSTMENT OF STATUS.—If Javier Lopez-Urenda or Maria Leticia Arenas enter as you will see below, Javier is an extraor- tation. A January 2009 report by the dinary individual and a very well-respected Department of Homeland Security Of- the United States before the filing deadline specified in subsection (c), that alien shall be member of his community. fice of Inspector General found that, considered to have entered and remained Javier, a 42-year-old native of Mexico, first came to the U.S. in March of 1990 and resides over the last 10 years, 108,434 immi- lawfully and shall, if otherwise eligible, be in Fremont, CA with his wife and three U.S. grant parents of U.S. citizen children eligible for adjustment of status under sec- citizen children, Bryan who is sixteen, Ash- were removed from this country. tion 245 of the Immigration and Nationality ley who is twelve, and Nancy who is six. In A separate report completed this Act (8 U.S.C. 1255) as of the date of the enact- 1996, Javier sought the advice of an immigra- ment of this Act. year by Dorsey & Whitney LLP for the tion attorney and started the process to le- (c) DEADLINE FOR APPLICATION AND PAY- Urban Institute affirms what many of galize his status. Javier appeared at an im- MENT OF FEES.—Subsections (a) and (b) shall us know—the deportation of a parent is migration hearing on January 29, 1999, where apply only to an application for issuance of deeply traumatic and causes long-last- he attempted to file for suspension of depor- an immigrant visa or an application for ad- tation but was informed that because his ing harm to U.S. citizen children. justment of status that is filed, with appro- court proceedings did not begin until Sep- Mr. John Arthur Balano, Head Coach priate fees, within 2 years after the date of tember 7, 1997; he was not eligible for that and Faculty Instructor at the City Col- the enactment of this Act. relief. However, the Immigration Judge re- lege of San Francisco, has known Mr. (d) REDUCTION OF IMMIGRANT VISA NUM- marked that ‘‘[t]he Court believes that . . . BER.—Upon the granting of an immigrant Lopez-Urenda through his volunteer he would have been a good candidate for that visa or permanent residence to Javier Lopez- work at Washington High School in relief and appears to be a good person who Urenda or Maria Leticia Arenas, the Sec- Fremont, California. He has stated would contribute to this country in a mean- retary of State shall instruct the proper offi- that Mr. Lopez-Urenda ‘‘actively par- ingful and positive way.’’ Javier appealed the cer to reduce by one, during the current or decision to the Board of Immigration Ap- ticipates in the daily life of his chil- next following fiscal year, the total number peals (BIA), but the BIA dismissed the case dren. Be it school, domestic, or extra- of immigrant visas that are made available on February 14, 2002. Javier’s employer, curricular activities, socialization and to natives of the country of that alien’s birth FullBloom Baking Company, filed a labor citizenship, Javier is always furthering under section 203(a) of the Immigration and certification for Javier on April 26, 2001 Nationality Act (8 U.S.C. 1153(a)) or, if appli- their growth.’’ which would make him eligible for perma- In addition, Ms. Marlene Davis, the cable, the total number of immigrant visas nent residence, but the application has not Principal of Patterson Elementary that are made available to natives of the yet been approved. On March 15, 2002, Javier School, where two of the Lopez-Urenda country of that alien’s birth under section filed a Petition for Review with the Ninth children currently attend, has written 202(e) of such Act (8 U.S.C. 1152(e)). Circuit, which was dismissed. He subse- me, stating that: quently filed a petition for rehearing en banc FULLBLOOM BAKING COMPANY, which was dismissed on January 2, 2004. Mr. Lopez-Urenda and his wife are very in- Newark, CA, July 20, 2009. volved in their children’s lives and school Javier has been a resident of the U.S. for Senator DIANNE FEINSTEIN, more than 19 years, and has never departed work. If they were not, the children would San Francisco, CA. not be doing as well as they are. I think the U.S. since his first entry. He has worked DEAR SENATOR FEINSTEIN: I am writing you at FullBloom for the past 17 years where he without his presence, the children would to ask for your help to support my key em- definitely fare very poorly indeed both be- now is the Production Process Manager, ployee and friend, Javier Lopez-Urenda, and managing the transition of recipes from the cause of the psychological shock of having his family in their efforts to lawfully remain their father taken away but also academi- R&D bench top prototypes to fully scaled up in the United States. Mr. Lopez-Urenda’s production runs. He supervises four line su- cally because their mother would not be as case is extremely sympathetic. He had the available and one half of their scholastic pervisors and up to 210 production employees misfortune of beginning the process of legal- in the company’s daily production of more support would be missing. . . . This would be izing his status in the summer of 1996. It was a terrible strategy which could be avoided if than 346,000 pieces of artisan organic and prior to the enactment of the Illegal Immi- natural pastries that are distributed to a the children are able to remain in the same gration Reform and Immigrant Responsi- stable environment with two loving and sup- wide range of grocery stores & cafes includ- bility Act (IIRIRA). As you know, IIRIRA portive parents who are committed to their ing FullBloom’s largest client, Starbucks brought a sea of change to our immigration children’s success. Coffee Company (Nationally). Javier is crit- laws, which has now left Javier, his wife and ical to the operation of our business which Enactment of the legislation I am in- their three U.S. citizen children facing the has grown from an idea in 1989 to a run rate troducing today on behalf of Mr. imminent prospect of being forced to leave of over $55MM/year in gross revenue. He Lopea-Urenda and Maria Leticia Are- the U.S., essentially forever. holds a tremendous amount of ‘‘institutional nas will enable this family to continue Mr. Lopez-Urenda challenged the retro- memory’’ that can never be replaced. He to remain in the U.S. and make posi- active application of IIRIRA to his case, but mentors and develops Team members, con- tive contributions to each other and the Ninth Circuit Court has recently ruled ducts training classes, has deep under- against him. While the Ninth Circuit case their extensive community in Fre- standing of complex industrial baking equip- was pending, based on humanitarian con- ment and is an expert on how to produce mont, California. cerns and his extensive community involve- wonderful artisan quality products from the Mr. President, I urge my colleagues ment, he sought deferred action of his re- intricate interactions of formula, people and to support this private bill. moval from the U.S. Immigration and Cus- equipment. Mr. President, I ask unanimous con- toms Enforcement (USICE). He requested He is an outstanding member of his com- sent that the text of the bill and let- that the agency exercise its prosecutorial munity; Javier has helped to raise money for

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.071 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10065 numerous local organizations and partici- Please help. All of us who care about this community and others; and coaching swim- pates in the annual AIDS Ride. He volun- issue are grateful for your consideration. ming and soccer meets. He consistently teers regularly with his son’s swim team, the Sincerely, takes classes at night to improve his skills local homeless shelters; Lance Armstrong’s COLEEN DONNELLY. and resources in management, business de- Livestrong Foundation and is an active velopment, and in the arts. member of his local church. He has abso- FEED THE HUNGER FOUNDATION, On top of all that I described, Mr. Urenda lutely no criminal history and has always at- San Francisco, CA, July 22, 2009. is a devoted father to three children of the tended his court hearings and, with the help Senator DIANNE FEINSTEIN, United States who he is teaching to be up- of his employer, has tried repeatedly to le- U.S. Senate, standing citizens of this country. Asking Mr. galize his status, but has been the victim of Washington, DC. Urenda to leave the United States would de- changes in the law and a slow-moving labor DEAR SENATOR FEINSTEIN: I am respect- prive his children of his guidance, love, and certification system. Moreover, Javier’s re- fully writing to you, as a citizen, a prior San mentorship. It would deprive his children of moval from the U.S. would render him effec- Francisco Commissioner and a Commis- their father, an upstanding resident of this tively ineligible for future immigration as he sioner of the United States, a former Presi- country. It would deprive the community of has more than one year of unlawful presence dent & CEO of the Women’s Foundation of an active participant, leader, and volunteer. and is subject to the ten-year bar to admissi- California, and the current CEO of Feed The It would deprive FullBloom Baking Co. and bility. Most importantly, Javier’s removal Hunger Foundation. I am writing in support its employees of an unparalleled decision from the U.S. would cause emotional and fi- of Javier Urenda Lopez and urging you to maker, manager, and mentor. And it would nancial hardship to his family, especially his allow Mr. Urenda to remain in the United deprive our country of an individual who three U.S. Citizen children. If his family re- States as a lawful permanent resident, eligi- lives up to the very values and standards mains in the U.S. and he is removed, they ble for citizenship to the United States of that make the United States a great nation. would be unable to support themselves, and America. If Mr. Urenda’s family were to leave with more importantly, his U.S. citizen children Mr. Urenda deserves to be in the United him, it would cause an extreme hardship to would be separated from their devoted father States on both procedural as well as personal his wife and three children, aged 6, 12 and 16. at a critical point in their lives. On the other grounds. His children would leave the only country hand, if his children accompany him to Mex- Mr. Urenda recently received an approved they have ever known, to go to a country ico, they would suffer extreme hardship in labor certification (pending for the last three that they have never visited and where they adjusting to life in a completely foreign years), and is finally eligible for adjustment do not speak the language. Bryan, his eldest country at the ages of sixteen, twelve and of status. However, the recently issued ‘‘sur- son, would be unable to receive treatment six. render notice’’ takes effect on July 29, 2009. for a learning disability for which he has I thank you for your interest in and will- Had the approved labor certification been ap- been diagnosed. ingness to review Javier’s case. I will con- proved in a timely manner, this current or- Thank you for your kind attention and as- tact you to further discuss this case once deal would have been unnecessary. If the sistance to this matter. If you have any you have had a chance to review this letter. Board were to reopen his case, he could ad- questions about Mr. Urenda, please do not You may also feel free to contact me at any just his status immediately and be a lawful hesitate to contact me. time. permanent resident. Sincerely, I have had the honor and pleasure of know- Sincerely, PATRICIA W. CHANG, ing Mr. Urenda over the past ten years as an KAREN TRILEVSKY, President & CEO. employee of FullBloom Baking Co., a volun- Founder & CEO. teer of the Women’s Foundation of Cali- JULY 21, 2009. fornia, an active community member and a Re request for assistance in the case of JULY 22, 2009. friend. Javier Lopez-Urenda and family. Senator DIANNE FEINSTEIN, Mr. Urenda has, in the time that I have San Francisco, CA. known him, been the Managing Director of Senator DIANNE FEINSTEIN, DEAR SENATOR FEINSTEIN: In February of FullBloom Baking Co., supervising and men- San Francisco, CA. this year, I stood and applauded as you ac- toring over 190 employees. His intellect, abil- DEAR SENATOR FEINSTEIN: It is with the ut- cepted the Anne B. Stanton Award for Ex- ity and hunger to learn, and perhaps most most faith that I submit this letter to you, traordinary Leadership and Dedication to importantly, his motivation and spirit, has with the hope that you will prevent a poten- Bay Area Youth given to you by Larkin enabled FullBloom Baking Co. to become a tially devastating tragedy with exponential Street Youth Services. It was a great mo- multi-million dollar business and a major ramifications from occurring by sponsoring a ment, knowing the history of your involve- contributor to communities in California. private bill for my former coworker and ment with the agency and how it has allowed FullBloom Baking Company is a leader in friend, Javier Lopez-Urenda. It is my under- Larkin Street to survive and flourish. As ev- the field of small businesses both in terms of standing that at this time, the only hope for eryone knows, your actions were critical in its treatment and advancement of employ- this upstanding family man, leader, and securing the future of this organization and ees, and in being a model corporate citizen. community volunteer to remain in the U.S. the futures of the many people it serves. No other company of which I am aware, pro- is through a private bill. Please sponsor this I am asking you now to consider another vides free bilingual courses in both English outstanding person and prevent the senseless very important intervention. Javier Urenda and Spanish, computers, dentistry, a match- tragedy of losing such a valuable contributor is set to be deported from this country next ing pension program, and numerous gifts to to our country. week after 19 years of living here as a re- all of their employees and to their respective During these past years of a complex legal sponsible citizen. This action defies reason. family members as FullBloom Baking Co. In battle, I have often reflected on the irony He has a family, a career, owns his home and addition, this company contributes nearly $1 that a person who so greatly embodies the gives back to the community through volun- million per year to the community. Mr. ideal citizen could be ejected from our coun- teer work. He is exactly the kind of person Urenda has made this possible. try. Javier is more than a model citizen. He this country needs more of, not fewer! I first met Mr. Urenda when he personally goes beyond what any average person would I am lucky enough to have worked with delivered baked goods to the graduation do to better his community, his workplace, Javier briefly at the bakery he helped build party of 50 participants of the Women’s the lives of his family members, and himself. from the ground up. I always knew he was in Foundation of California’s welfare to work Every year, Javier participates in charity the room before I saw him. His presence is program. Mr. Urenda could have sent one of events such as the AIDS ride and the such a positive force. He has the natural his company’s drivers to deliver these do- Providian Relay supporting organ donation, ability to manage and lead people and make nated goods. However, he wanted to support as well as being an active member in his it all seem like play, not work. Without those individuals who were struggling to church and a frequent contributor to many Javier at the bakery, the lives of hundreds of gain skills and become active contributors local food banks. At FullBloom Baking Com- people will change. to the economy of this country—just as he pany, where we worked together for eight His family has relied on him to provide for has done. Mr. Urenda has, since that time, years, Javier’s leadership helped to launch them and he has never let them down. The become a volunteer to the Women’s Founda- the company and to propel it into its newest Urendas are part of their community, part of tion of California, serving on a committee phase of growth and success in a new cutting what makes up this country as it has determining which non-governmental orga- edge facility, where staff and production lev- evolved. To send him away is moving back- nizations would receive funding and assist- els have recently doubled. wards. I urge you to take action to reverse ance from the foundation as well as men- I’ve literally never known a more dedi- this destructive trend towards tearing apart toring young adults. Mr. Urenda has always cated and loving father. Javier strives to cre- families that have the same right to be here operated with the highest integrity. He is re- ate a meaningful and rewarding life with his as you and I do. liable, hard working, and creative. children, focusing conscientiously on sup- Senator Feinstein, this is a defining mo- Mr. Urenda is an individual who contrib- porting them in their studies, as well as a ment. Javier is not the only one unfairly fac- utes all of himself to all of his endeavors. He variety of athletic pursuits and personal in- ing deportation. Many before have been has involved himself in the arena of sports: terests. For example, over the last few years forced to leave and if this practice is left un- engaging in five day bike-a-thons to raise he has taken great pride in traveling to var- checked many more will follow. money for AIDS; running in races for his ious U.S. monuments in order to teach his

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.072 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10066 CONGRESSIONAL RECORD — SENATE October 1, 2009 children about the great country of their fidence, Javier is a shining example to that and his wife are actively involved in their birth. I can think of nothing more destruc- end. children’s school activities and meet with tive and unfair to Bryan, 16; Ashley, 11; and The strong sense of community in Javier is teachers in order to support their children’s Nancy, 5; than to either face separation from expressed by his deeds. He was volunteer schoolwork and try to help them address their father, or to be forced to leave their coach for me when I was the Head Track and areas of concern. country of origin, the only country they Field Coach at Washington High School in All the children have been a pleasure to have ever known. Fremont, California. There, Javier assisted have in school. As an educator, I can tell you During the years I’ve know Javier, he has with the distance runners who had many lev- that I have witnessed the spectrum of paren- been a great inspiration to me and many els of athleticism and talent, His grassroots tal involvement from parents who are ac- others, sharing his captivating warmth, his approach and caring for each student/athlete tively involved in their children’s lives to compassionate support for those who need as an individual and maximizing their own those who are at best minimally engaged in help, and his passion for learning (English, individual potential made that diverse group their children’s activities. Javier Lopez- French, neuroscience, politics—you name flourish. Beyond the track, they had the Urenda and his wife are very involved in it!). To this day, I attribute my fluency in highest GPA on the team. To this day, I their children’s lives and schoolwork. If they Spanish to him, telling people, ‘‘Everything firmly believe that Javier’s influence in em- were not, the children would not be doing as well as they are. I think without his pres- I know, I learned from Javier’’. The thought bracing challenge and to look at it not as an ence, the children would definitely fare very that he, a person who exemplifies the spirit obstacle but, as an opportunity, played a sig- poorly indeed both because of the psycho- and the triumph of America, is threatened nificant role in their academic success, logical shock of having their father taken with deportation brings tears to my eyes and Holding dear the notion of our country’s away but also academically because their keeps me up at night. It is utterly diversity, Javier has participated in several unfathomable the extent to which our legal mother would not be as available and one AIDS Rides, personally raising thousands of half of their scholastic support would be system has failed Javier and his family, dollars to contribute to fighting that viru- leading to this urgent plea for your support missing. In my experience, that void is gen- lent disease. Annually, he volunteered for a erally filled with bad behavior, bad influ- to quite literally ‘‘save’’ them. transition station with the Providian Relay Please help to prevent this potentially dis- ences, poor decisions and academic deterio- which supports organ donation. At present ration. With three children who struggle in graceful tragedy through your crucial spon- he continues to support a myriad of other sorship. school already, I honestly cannot foresee events and community fund-raisers through anything positive for the children in the fu- Sincerely, his running and cycling efforts. He lends ture if their father is no longer living with CHRISTINA BOZZINI, time too, to the less fortunate in feeding the them and supporting their academic mile- Psychotherapist. homeless within the community. All the stones. Rather, I imagine it would be quite while, Javier shuns kudos for his efforts and possible that they would drop out or flunk DEPARTMENT OF PHYSICAL is embarrassed by any attention as he be- out. This would be a terrible tragedy which EDUCATION, ATHLETICS AND DANCE, lieves that is what a neighbor typically does could be avoided if the children are able to San Francisco, CA, July 22, 2009. for his fellow human being. remain in the same stable environment with Senator DIANNE FEINSTEIN, Penning this letter to you gives me great two loving and supportive parents who are San Francisco, CA. pride. In our United States, during these committed to their children’s success. U.S. DEPARTMENT OF JUSTICE, very trying times, Javier Lopez-Urenda is a Sincerely, Immigration and Customs Enforcement, beacon for responsibility, accountability, MARLENE C. DAVIS, Sansome Street, San Francisco, CA. compassion, and active citizenship. Principal. DEAR SENATOR FEINSTEIN: I am exceedingly I hope that I have conveyed to you my humbled by opportunity to write this letter thoughts on Javier and why he should re- BAY AREA WOMEN AGAINST RAPE, on behalf of Javier Urenda. It has been my main a part of our country. He has contrib- Oakland, CA, July 21, 2009. good fortune to know Javier the past 18 uted to our society immensely thus far by U.S. Citizenship and Immigration Service, years. During this time I have been contin- being who he is; a person with strong family St. Albans, VT. ually astounded at his remarkable embrace values understands the significance of edu- TO WHOM IT MAY CONCERN: This letter per- of the very values we all share as citizens of cation, volunteerism, and hard work in mak- tains to Javier L Urenda and it gives me our great land. ing the United States the leader of the free great pleasure to furnish you with pertinent As a person commitment to his family. world it is today. It is those very tenets that facts and information about this extraor- their wellbeing, and Javier actively partici- many of us hold dear; yet Javier embodies dinary supporter of the oldest rape crisis pates in the daily life of his children. Be it them. He has been encouraging to each per- center in the nation, Bay Area Women school, domestic, or extra-curricular activi- son he meets, be it in passing or those in Against Rape (BAWAR). ties, socialization and citizenship, Javier is need and a trusted and loyal friend. I have known Mr. Urenda for nearly a year. always furthering their growth. His belief in There are citizens in our land from all I had the privilege of meeting Mr. Urenda family as a solid foundation, where meals walks of life, from every possible background through his wife Leticia Arena at that time and private time is shared. Javier fundamen- and social status that comprise the bedrock when she was taking our intensive state cer- tally understands that these critical, forma- in continuing to make our country strong. tified rape crisis training. One of the things tive years are critical to his children’s future Javier is the type of person that makes us a that is crucial towards the successful com- so that they may fully embrace the untold better land and continues to remain a shin- pletion of our training is the support that opportunities our great country affords our ing light of limitless opportunity. trainees receive from their family members. citizens. Javier’s belief is that when children I pray that the good Lord will allow for the Not only are participants trained for three feel truly loved in the home, with a solid rendering of a favorable decision to allow months, but they are also in commitment to foundation of right and wrong therefore, cre- Javier to remain in the country that I love. volunteer 36 hours per month for 9 consecu- ating an intrinsic obstacle to the many pes- Thank you so very much in allowing me to tive months after their certification. I be- tiferous temptations that the youths of be a voice for my dear friend. lieve that without the support that Mr. today encounter. Respectfully, Urenda gave to Leticia during her training As well, Javier is a good husband, who and during her volunteer activities at our works hard to provide not only the material JOHN ARTHUR BALANO, City College of San Francisco. agency she would not had been as successful, but, assuring that there is always calm, rea- available or committed to the cause of son, and attentiveness. Javier affection can breaking the silence of sexual abuse in our PATTERSON SCHOOL, be found in simply hand picking flower rath- community. Fremont, CA, August 25, 2009. er than the ostentatious. I have witnessed In addition, Mr. Urenda not only gives con- Re Javier Lopez-Urenda. thoughtful his response in uncomfortable sit- stant support to his wife’s social responsi- uations rather than pugnacious. Always re- Senator DIANNE FEINSTEIN, bility, but he also is an active participant in specting and embracing the other point of San Francisco, CA. our fundraising events. Mr. Urenda has view, nurturing too, the love of his wife. It’s DEAR SENATOR FEINSTEIN, I am writing on shown to be a strong supporter for our that constant striving for synergy that con- behalf of Javier Lopez-Urenda’s United walkathon in benefit of sexually assaulted stantly amazes me. States citizen children. They have all at- youth. Just last month, Mr. Urenda went to As a member of academia, I am proud that tended Patterson Elementary School. Nancy, his employer at Full Moon and bravely asked Javier continually seeks knowledge and the youngest, is currently in first grade this for an in-kind donation of 500 delicacies to be makes time to further his education. He fun- year. Ashley graduated from sixth grade last given away to walkers the day of the event. damentally understands that knowledge is year. Bryan graduated about five years ago. This came to BAWAR’s great surprise since power and with that, his affect and direct The Lopez-Urenda children have some- we did not expect this massive contribution. contribution to society magnified. I sub- times struggled academically, particularly Mr. Urenda has far exceeded our expecta- scribe to the notion that each and every sin- Bryan. However, as a result of keen parental tions and by far surpassed the in-kind dona- gle citizen contributes to our society; and involvement, they are doing well. Mr. Lopez- tions that other advocates have tried to ac- the more knowledgeable the individual, soci- Urenda has volunteered his time as a coach quire from local donors. It was for this rea- ety’s enrichment as a whole is not insignifi- for after-school sports that Bryan was in- son that Mr. Urenda holds a very special cant. In my lifetime, with extreme con- volved in. Teachers have reported that he place in our agency.

VerDate Nov 24 2008 04:39 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.085 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10067 To this end and without reservation, I The southern sea otter is a keystone ing, and other activities incompatible with a strongly believe that Mr. Urenda will be a species that plays a critical role in cen- preserve; wonderful and positive addition to our com- tral California’s kelp forest ecosystem. Whereas Dyke Marsh is 5,000 to 7,000 years munity. If you have further questions or con- By maintaining a healthy and produc- old and is a unique natural treasure in the cerns, please feel free to contact me. national capital region, with more than 6,500 Sincerely, tive ecosystem capable of supporting species of plants, insects, fish, birds, reptiles KRISTINA MOLINA, many other marine species, they also and amphibians contained within an approxi- Latina Outreach Coordinator. contribute to California’s $22 billion mately 485-acre parcel; ocean tourism, recreation, and fishing Whereas the Dyke Marsh Wildlife Preserve THE WOMEN’S FOUNDATION OF industries. is a significant element in the historic char- CALIFORNIA, Already listed as threatened under acter of the Mount Vernon Memorial Park- San Francisco, CA, July 22, 2009. the Endangered Species Act, southern way; Senator DIANNE FEINSTEIN, sea otters recently experienced their Whereas freshwater tidal marshes are rare, San Francisco, CA. and the Dyke Marsh Wildlife Preserve is one DEAR SENATOR FEINSTEIN: On behalf of the largest population decline in over a of the few climax, tidal, riverine, narrow- Women’s Foundation of California, we are decade. They face a variety of threats, leafed cattail wetlands in the United States writing to convey our support for Javier including food limitation, disease, and National Park Service system; Urenda to remain in the United States and habitat degradation—but the exact Whereas wetlands provide ecological serv- become a lawful permanent resident. causes of their decline are unknown. ices such as flood control, attenuation of Javier is a vital member of his community Sea otters are a sentinel species that tidal energy, water quality enhancement, who participates at all levels: he is a hard- wildlife habitat, nursery and spawning working and dedicated employee of serve as an indicator of ecosystem health, so this population decline is ex- grounds, and recreational and aesthetic en- FullBloom Baking Company, a Newark, Cali- joyment; fornia based company which did $58 million tremely alarming. Understanding and Whereas the Dyke Marsh Wildlife Preserve in business last year; he is a devoted husband addressing the causes of this decline serves as an outdoor laboratory for sci- and father to three US citizen children; and would help us protect the health of our entists, educators, students, naturalists, art- he is an important role model to community kelp ecosystems as a whole. ists, photographers, and others, attracting members and co-workers. Javier was the sec- My legislation would require the De- people of all ages; and ond person hired by FullBloom and has partment of the Interior to monitor Whereas the Friends of Dyke Marsh is a helped grow FullBloom to a company which conservation advocacy group created in 1975 now has 388 employees. Javier’s dedication, the population of southern sea otters and assess the major factors limiting and dedicated to the preservation and res- technical know-how and effective manage- toration of this wetland habitat and its nat- ment abilities have been critical to their recovery. It would also establish ural resources: Now, therefore, be it FullBloom’s success. The local community a competitive grant program for re- Resolved, That the Senate— has been well served by FullBloom, which search and recovery projects. (1) recognizes the Dyke Marsh Wildlife Pre- provides employment, health benefits and The language has been drafted in serve of Fairfax County, Virginia, as a educational opportunities to its employees consultation with numerous scientists, unique and precious ecosystem that serves as and their children. Javier’s community agency officials, conservation groups, an invaluable natural resource both locally would also be severely impacted if it were to and nationally; lose his volunteer efforts in his children’s and fishermen. Companion legislation was reported by the House Natural Re- (2) recognizes and expresses appreciation schools and his tireless fundraising for char- for Representative JOHN DINGELL’s, Rep- ity. sources Committee by voice vote in resentative John Saylor’s, and Representa- The Women’s Foundation of California has May, and passed the full House of Rep- tive Henry Reuss’s leadership in preserving a long history of supporting immigrants and resentatives in July. I look forward to this precious natural resource; immigrant communities throughout the working with my colleagues to achieve (3) celebrates the 50th anniversary of the state. Through our research, grantmaking, a successful outcome in the Senate. Federal legislation designating the Dyke and other programs, we have seen many of With this legislation, we can finally Marsh Wildlife Preserve as a protected wet- the benefits that new Americans give to our land habitat; economy, society, and our overall infrastruc- put the southern sea otter on a path to recovery—and restore central Califor- (4) expresses the need to continue to con- ture. The state’s economy would suffer tre- serve, protect and restore this fragile habi- mendously without the incredible achieve- nia’s magnificent kelp forests to a tat, in which a diverse array of plants, ani- ments of immigrants. healthy, thriving condition. mals and other natural resources is threat- Javier has recently received an approved f ened by past dredging and filling, a gradual labor certification (which had been pending depletion in size, urban and suburban devel- for nearly three years) and is now eligible for SUBMITTED RESOLUTIONS opment, river traffic, stormwater runoff, adjustment of status. However, he has been poaching, and non-native invasive species; issued a ‘‘surrender notice’’ which takes ef- and fect on July 29, 2009. If he is forced to leave SENATE RESOLUTION 297—TO REC- (5) commends the Friends of Dyke Marsh the country, he would be barred from return- OGNIZE THE DYKE MARSH WILD- for its longstanding commitment to pro- ing for 10 years causing his children and his LIFE PRESERVE AS A UNIQUE moting conservation and environmental employer enormous hardship. If Javier were AND PRECIOUS ECOSYSTEM awareness and stewardship, so that the Dyke granted a stay of his deportation order, he Marsh Wildlife Preserve may be enjoyed by could adjust status immediately and be a Mr. WEBB submitted the following generations for the next 50 years and into lawful permanent resident. resolution; which was referred to the the future. We understand that the Immigration and Committee on Energy and Natural Re- f Naturalization Service has established immi- sources: gration policy to meet the needs of this S. RES. 297 SENATE RESOLUTION 298—RECOG- country and others. Javier Urenda is ful- NIZING FILIPINO AMERICAN HIS- filling tremendous needs within his commu- Whereas the Dyke Marsh Wildlife Preserve nity. He is a model participant in this soci- on the west bank of the Potomac River just TORY MONTH IN OCTOBER 2009 ety and deserves to remain here legally. south of Alexandria in Fairfax County is one Mr. REID (for himself, Ms. CANT- Thank you for your consideration. of the largest remaining freshwater tidal WELL, Mr. AKAKA, Mr. ENSIGN, Mr. Sincerely, marshes in the Greater Washington, DC, INOUYE, and Mr. MENENDEZ), submitted JUDY PATRICK, area; the following resolution; which was President and CEO. Whereas Congress expressly designated the Dyke Marsh ecosystem for protection in 1959, considered and agreed to: By Mrs. BOXER: fifty years ago, under Public Law 86–41 ‘‘so S. RES. 298 S. 1748. A bill to establish a program that fish and wildlife development and their Whereas the earliest documented Filipino of research, recovery, and other activi- preservation as wetland wildlife habitat presence in the continental United States ties to provide for the recovery of the shall be paramount’’; was on October 18, 1587, when the first southern sea otter; to the Committee Whereas the Honorable JOHN D. DINGELL of ‘‘Luzones Indios’’ set foot in Morro Bay, on Commerce, Science, and Transpor- Michigan, the late Honorable John P. Saylor California, on board the Manila-built galleon of Pennsylvania, and the late Honorable ship Nuestra Senora de Esperanza; tation. Henry S. Reuss of Wisconsin were instru- Whereas the Filipino American National Mrs. BOXER. Mr. President, I rise to mental in passing this legislation and in pre- Historical Society recognizes the year of 1763 speak on the introduction of the venting proposed development along the Po- as the date of the first permanent Filipino Southern Sea Otter Recovery and Re- tomac River, thereby protecting the Dyke settlement in the United States in St. Malo, search Act. Marsh ecosystem from further dredging, fill- Louisiana, which set in motion the focus on

VerDate Nov 24 2008 04:39 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.087 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10068 CONGRESSIONAL RECORD — SENATE October 1, 2009 the story of our Nation’s past from a new Whereas premature birth, low-birth Whereas approximately 1,145,000 fires were perspective by concentrating on the eco- weight, and shorter gestation periods ac- reported in 2008; nomic, cultural, social, and other notable count for more than 60 percent of infant Whereas firefighters always respond with contributions that Filipino Americans have deaths in the United States; courage, whether they are confronted with made in countless ways toward the develop- Whereas high rates of infant mortality are acts of terrorism, natural disasters, or other ment of the history of the United States; especially prevalent in communities with emergencies; Whereas the Filipino-American commu- large minority populations, high rates of un- Whereas Fire Prevention Week is the long- nity is the second largest Asian-American employment and poverty, and limited access est running public health and safety observ- group in the United States, with a popu- to safe housing and medical providers; ance on record, as firefighters have been hon- lation of approximately 3,100,000 people; Whereas premature birth is a leading cause ored for their role in educating the American Whereas Filipino-American servicemen of infant mortality and, according to the In- public since the first Fire Prevention Week and servicewomen have a longstanding his- stitute of Medicine, costs the United States was declared by President Warren G. Harding tory serving in the Armed Services, from the more than $26,000,000,000 annually; in 1922; Civil War to the Iraq and Afghanistan con- Whereas infant mortality rates can be sub- Whereas the National Fire Protection As- flicts, including the 250,000 Filipinos who stantially reduced through community-based sociation has designated the week of October fought under the United States flag during services such as outreach, home visitation, 4 through October 10, 2009, as Fire Preven- World War II to protect and defend this case management, health education, and tion Week; and country; interconceptional care; Whereas educating all Americans to ‘‘Stay Whereas 9 Filipino Americans have re- Whereas support for community-based pro- Fire Smart’’ continues to be a priority for ceived the Congressional Medal of Honor, the grams to reduce infant mortality can result all firefighters: Now, therefore, be it highest award for valor in action against an in lower future spending on medical inter- Resolved, That the Senate— enemy force that can be bestowed upon an ventions, special education, and other social (1) supports the work of firefighters in edu- individual serving in the United States services that may be needed for infants and cating and protecting the communities of Armed Forces; children who are born with a low-birth this Nation; and Whereas Filipino Americans are an inte- weight; (2) supports the goals and ideals of Fire gral part of the United States health care Whereas the United States Department of Prevention Week. system as nurses, doctors, and other medical Health and Human Services, through the Of- f professionals; fice of Minority Health, has implemented the Whereas Filipino Americans have contrib- ‘‘A Healthy Baby Begins With You’’ cam- SENATE CONCURRENT RESOLU- uted greatly to the fine arts, music, dance, paign; TION 42—PROVIDING FOR THE literature, education, business, literature, Whereas public awareness and education ACCEPTANCE OF A STATUE OF journalism, sports, fashion, politics, govern- campaigns on infant mortality are held dur- HELEN KELLER, PRESENTED BY ment, science, technology, and other fields ing the month of September 2009; and THE PEOPLE OF ALABAMA Whereas September 2009 has been des- in the United States that enrich the land- Mr. SESSIONS (for himself and Mr. scape of the country; ignated as National Infant Mortality Aware- SHELBY) submitted the following con- Whereas efforts should continue to pro- ness Month: Now, therefore, be it mote the study of Filipino-American history Resolved, That the Senate— current resolution; which was consid- (1) supports the goals and ideals of Na- and culture, as mandated in the mission ered and agreed to: tional Infant Mortality Awareness Month statement of the Filipino American National S. CON. RES. 42 2009; Historical Society, because the roles of Fili- Whereas Helen Keller was born in (2) supports efforts to educate Americans pino Americans and other people of color Tuscumbia, Alabama on June 27, 1880, and at about infant mortality and its contributing have been overlooked in the writing, teach- the age of 19 months lost her sight and hear- factors; ing, and learning of United States history; ing as a result of meningitis; (3) supports efforts to reduce infant deaths, Whereas it is imperative for Filipino- Whereas Helen was liberated from the low-birth weight, pre-term births, and dis- American youth to have positive role models ‘‘double dungeon of darkness and silence’’ by parities in perinatal outcomes; to instill in them the importance of edu- her teacher, Anne Sullivan, when she discov- (4) recognizes the critical importance of in- cation, complemented with the richness of ered language and communication at the cluding efforts to reduce infant mortality their ethnicity and the value of their legacy; water pump when she was 7 years old; and its contributing factors as part of pre- and Whereas Helen enrolled in Radcliffe Col- vention and wellness strategies; and Whereas Filipino American History Month lege in 1900 and graduated cum laude in 1904 (5) calls upon the people of the United is celebrated during the month of October to become the first deaf and blind college States to observe National Infant Mortality 2009: Now, therefore, be it graduate; Awareness Month during September 2009 Resolved, That the Senate— Whereas Helen’s life served as a model for with appropriate programs and activities. (1) recognizes the celebration of Filipino all people with disabilities in America and American History Month 2009 as a study of f worldwide; the advancement of Filipino Americans, as a SENATE RESOLUTION 300—SUP- Whereas Helen became recognized as one of time of reflection and remembrance, and as PORTING THE GOALS AND Alabama’s and America’s best known figures a time to renew efforts toward the research and became ‘‘America’s Goodwill Ambas- and examination of history and culture in IDEALS OF FIRE PREVENTION sador to the World’’; order to provide an opportunity for all peo- WEEK AND THE WORK OF FIRE- Whereas Helen pioneered the concept of ple in the United States to learn and appre- FIGHTERS IN EDUCATING AND ‘‘talking books’’ for the blind; ciate more about Filipino Americans and PROTECTING THE COMMUNITIES Whereas LIFE Magazine hailed Helen as their historic contributions to the Nation; OF THIS NATION ‘‘one of the 100 most important Americans of and the 20th Century—a national treasure’’; and Ms. COLLINS (for herself, Mr. CAR- (2) urges the people of the United States to Whereas Helen’s presence in the Capitol observe Filipino American History Month PER, Mr. DODD, Mr. MCCAIN, and Mr. will become an even greater inspiration for 2009 with appropriate programs and activi- LIEBERMAN) submitted the fllowing res- people with disabilities worldwide: Now, ties. olution; which was considered and therefore, be it f agreed to: Resolved by the Senate (the House of Rep- S. RES. 300 resentatives concurring), That— SENATE RESOLUTION 299—EX- SECTION 1. ACCEPTANCE OF HELEN KELLER, PRESSING SUPPORT FOR THE Whereas since the organization of the first fire departments during the colonial era of FROM THE PEOPLE OF ALABAMA, FOR PLACEMENT IN THE CAPITOL. GOALS AND IDEALS OF NA- this Nation, firefighters have maintained (a) IN GENERAL.—The statue of Helen Kel- TIONAL INFANT MORTALITY their dedication to protecting the health and AWARENESS MONTH 2009 ler, furnished by the people of Alabama for safety of the American public; placement in the Capitol, in accordance with Mr. CARDIN (for himself and Mr. Whereas firefighters presently provide a section 1814 of the Revised Statutes of the BURR) submitted the following resolu- multitude of services to our communities, United States (2 U.S.C. 2131), is accepted in tion; which was considered and agreed including emergency medical services, spe- the name of the United States, and the cial rescue response, hazardous material and to: thanks of Congress are tendered to the peo- terrorism response, and public safety edu- ple of Alabama for providing this commemo- S. RES. 299 cation; ration of one of Alabama’s most eminent Whereas infant mortality refers to the Whereas 103 firefighters lost their lives in personages. death of a baby before his or her first birth- the line of duty in 2008; (b) PRESENTATION CEREMONY.—The State of day; Whereas the Nation’s fire departments re- Alabama is authorized to use the Rotunda of Whereas the United States ranks 29th spond to emergency calls nearly once per the Capitol on October 7, 2009, for a presen- among industrialized nations in the rate of second and are dispatched to fire emer- tation ceremony for the statue. The Archi- infant mortality; gencies every 22 seconds; tect of the Capitol and the Capitol Police

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Board shall take such action as may be nec- Florida, and Ms. KLOBUCHAR) submitted an to the bill H.R. 3326, supra; which was or- essary with respect to physical preparations amendment intended to be proposed by him dered to lie on the table. and security for the ceremony. to the bill H.R. 3326, supra; which was or- SA 2612. Mr. CORNYN submitted an (c) DISPLAY IN ROTUNDA.—The Architect of dered to lie on the table. amendment intended to be proposed by him the Capitol shall provide for the display of SA 2592. Mr. CASEY (for himself, Mr. DUR- to the bill H.R. 3326, supra; which was or- the statue accepted under this section in the BIN, Mr. REID, Mr. KERRY, Mr. NELSON, of dered to lie on the table. Rotunda of the Capitol for a period of not Florida, and Ms. KLOBUCHAR) submitted an SA 2613. Mr. FRANKEN submitted an more than 6 months, after which period the amendment intended to be proposed by him amendment intended to be proposed by him statue shall be displayed in the Capitol, in to the bill H.R. 3326, supra. to the bill H.R. 3326, supra; which was or- accordance with the procedures described in SA 2593. Mr. LEVIN (for himself, Mr. WEBB, dered to lie on the table. section 311(e) of the Legislative Branch Ap- and Mr. REID) submitted an amendment in- SA 2614. Mr. NELSON of Nebraska (for propriations Act, 2001 (2 U.S.C. 2132(e)). tended to be proposed by him to the bill H.R. himself, Mr. CORNYN, Mr. SCHUMER, Mr. CHAMBLISS, Mr. BENNETT, Mr. JOHANNS, and SEC. 2. TRANSMITTAL TO GOVERNOR OF ALA- 3326, supra. BAMA. SA 2594. Mr. SHELBY (for himself and Mr. Mr. WEBB) submitted an amendment in- The Secretary of the Senate shall transmit BENNETT) submitted an amendment intended tended to be proposed by him to the bill H.R. an enrolled copy of this concurrent resolu- to be proposed by him to the bill H.R. 3326, 3326, supra. SA 2615. Mrs. HAGAN (for herself and Mr. tion to the Governor of Alabama. supra. SA 2595. Mr. LIEBERMAN (for himself, Mr. BURR) submitted an amendment intended to f SESSIONS, and Mr. INHOFE) submitted an be proposed by her to the bill H.R. 3326, supra. SENATE CONCURRENT RESOLU- amendment intended to be proposed by him to the bill H.R. 3326, supra; which was or- SA 2616. Mr. LIEBERMAN (for himself, Mr. TION 43—AUTHORIZING THE USE dered to lie on the table. BAYH, Mr. MCCAIN, Mr. INHOFE, Mr. VITTER, OF THE ROTUNDA OF THE CAP- SA 2596. Mr. BOND (for himself, Mr. NEL- Mr. KYL, Mr. SESSIONS, and Mr. BENNETT) ITOL FOR THE PRESENTATION SON, of Florida and Mr. BENNETT) submitted submitted an amendment intended to be pro- OF THE CONGRESSIONAL GOLD an amendment intended to be proposed by posed by him to the bill H.R. 3326, supra. MEDAL TO FORMER SENATOR him to the bill H.R. 3326, supra. SA 2617. Mr. SANDERS submitted an amendment intended to be proposed by him EDWARD BROOKE SA 2597. Mr. BOND submitted an amend- ment intended to be proposed by him to the to the bill H.R. 3326, supra. Mr. MCCONNELL (for himself and bill H.R. 3326, supra; which was ordered to lie SA 2618. Mr. INHOFE submitted an amend- Mr. REID) submitted the following con- on the table. ment intended to be proposed by him to the current resolution; which was consid- SA 2598. Mr. BROWNBACK (for himself, bill H.R. 3326, supra; which was ordered to lie on the table. ered and agreed to: Mr. DORGAN, and Mr. INOUYE) submitted an amendment intended to be proposed by him SA 2619. Mr. INHOFE (for himself, Mr. S. CON. RES. 43 ARNER, Mr. WEBB, and Mr. CARDIN) sub- to the bill H.R. 3326, supra. W Whereas Edward William Brooke III was SA 2599. Mr. NELSON of Florida submitted mitted an amendment intended to be pro- the first African American elected by pop- an amendment intended to be proposed by posed by him to the bill H.R. 3326, supra; ular vote to the United States Senate and him to the bill H.R. 3326, supra; which was which was ordered to lie on the table. SA 2620. Mr. CHAMBLISS (for himself, Mr. served with distinction for 2 terms from Jan- ordered to lie on the table. DODD, Mr. LIEBERMAN, Mr. NELSON of Flor- uary 3, 1967, to January 3, 1979; SA 2600. Mr. SANDERS submitted an ida, and Mr. INHOFE) submitted an amend- Whereas on March 29, 2007, the United amendment intended to be proposed by him ment intended to be proposed by him to the States Senate passed S. 682, sponsored by the to the bill H.R. 3326, supra; which was or- bill H.R. 3326, supra; which was ordered to lie late Senator Edward M. Kennedy with 68 co- dered to lie on the table. sponsors, by unanimous consent, to award SA 2601. Mr. SANDERS (for himself and on the table. SA 2621. Mr. CHAMBLISS (for himself, Mr. Senator Brooke the Congressional Gold Mr. DORGAN) submitted an amendment in- DODD, Mr. LIEBERMAN, Mr. NELSON of Flor- Medal; tended to be proposed by him to the bill H.R. ida, Mr. INHOFE, and Mr. ISAKSON) submitted Whereas on June 10, 2008, the House passed 3326, supra. an amendment intended to be proposed by S. 682 under suspension of the rules by voice SA 2602. Mr. GRAHAM submitted an him to the bill H.R. 3326, supra. vote and a similar measure, H.R. 1000 was in- amendment intended to be proposed by him SA 2622. Mr. BROWNBACK submitted an troduced in the House by Representative EL- to the bill H.R. 3326, supra; which was or- amendment intended to be proposed to EANOR HOLMES NORTON with 286 co-sponsors; dered to lie on the table. amendment SA 2610 submitted by Mr. SES- and SA 2603. Mr. SANDERS submitted an SIONS and intended to be proposed to the bill Whereas the President signed the bill on amendment intended to be proposed by him H.R. 3326, supra; which was ordered to lie on July 1, 2008, and it became Public Law 110- to the bill H.R. 3326, supra; which was or- the table. 260: Now, therefore, be it dered to lie on the table. SA 2623. Mr. INOUYE submitted an amend- Resolved by the Senate (the House of Rep- SA 2604. Mr. FEINGOLD submitted an ment intended to be proposed by him to the resentatives concurring), amendment intended to be proposed by him bill H.R. 3326, supra; which was ordered to lie to the bill H.R. 3326, supra; which was or- SECTION 1. USE OF THE ROTUNDA OF THE CAP- on the table. ITOL FOR THE PRESENTATION OF dered to lie on the table. THE CONGRESSIONAL GOLD MEDAL. SA 2605. Mr. BINGAMAN (for himself and f The rotunda of the United States Capitol is Mr. UDALL of New Mexico) submitted an TEXT OF AMENDMENTS authorized to be used on October 28, 2009, for amendment intended to be proposed by him the presentation of the Congressional Gold to the bill H.R. 3326, supra; which was or- SA 2588. Mr. FRANKEN (for himself Medal to former Senator Edward Brooke. dered to lie on the table. and Ms. LANDRIEU) submitted an Physical preparations for the conduct of the SA 2606. Mr. MCCAIN submitted an amend- amendment intended to be proposed by ceremony shall be carried out in accordance ment intended to be proposed by him to the him to the bill H.R. 3326, making ap- with such conditions as may be prescribed by bill H.R. 3326, supra; which was ordered to lie propriations for the Department of De- the Architect of the Capitol. on the table. fense for the fiscal year ending Sep- SA 2607. Mr. KYL submitted an amend- f ment intended to be proposed by him to the tember 30, 2010, and for other purposes; AMENDMENTS SUBMITTED AND bill H.R. 3326, supra; which was ordered to lie as follows: PROPOSED on the table. On page 245, between lines 8 and 9, insert SA 2608. Mr. KYL (for himself and Mr. the following: SA 2588. Mr. FRANKEN (for himself and CHAMBLISS) submitted an amendment in- SEC. 8104. (a) None of the funds appro- Ms. LANDRIEU) submitted an amendment in- tended to be proposed by him to the bill H.R. priated or otherwise made available by this tended to be proposed by him to the bill H.R. 3326, supra. Act may be used for any existing or new Fed- 3326, making appropriations for the Depart- SA 2609. Mr. SESSIONS (for himself, Mr. eral contract if the contractor or a subcon- ment of Defense for the fiscal year ending LIEBERMAN, and Mr. BENNETT) submitted an tractor at any tier requires that an employee September 30, 2010, and for other purposes. amendment intended to be proposed by him or independent contractor, as a condition of SA 2589. Mr. FEINGOLD submitted an to the bill H.R. 3326, supra; which was or- employment, sign a contract that mandates amendment intended to be proposed by him dered to lie on the table. that the employee or independent contractor to the bill H.R. 3326, supra; which was or- SA 2610. Mr. SESSIONS submitted an performing work under the contract or sub- dered to lie on the table. amendment intended to be proposed by him contract resolve through arbitration any SA 2590. Mr. FEINGOLD submitted an to the bill H.R. 3326, supra; which was or- claim under title VII of the Civil Rights Act amendment intended to be proposed by him dered to lie on the table. of 1964 or any tort related to or arising out to the bill H.R. 3326, supra; which was or- SA 2611. Mr. WYDEN (for himself, Mr. of sexual assault or harassment, including dered to lie on the table. FRANKEN, Ms. KLOBUCHAR, Mr. ROBERTS, Mr. assault and battery, intentional infliction of SA 2591. Mr. CASEY (for himself, Mr. DUR- HARKIN, and Mr. LAUTENBERG) submitted an emotional distress, false imprisonment, or BIN, Mr. REID, Mr. KERRY, Mr. NELSON of amendment intended to be proposed by him negligent hiring, supervision, or retention.

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(1) the waiver is necessary for the provi- an amendment intended to be proposed 3326, making appropriations for the De- sion of essential services to troops in the by him to the bill H.R. 3326, making ap- partment of Defense, for the fiscal year field; or propriations for the Department of De- ending September 30, 2010, and for (2) the work under such contract does not fense for the fiscal year ending Sep- other purposes; which was ordered to present an imminent threat of death or seri- tember 30, 2010, and for other purposes; lie on the table; as follows: ous bodily injury. At the appropriate place, insert the fol- which was ordered to lie on the table; SA 2593. Mr. LEVIN (for himself, Mr. as follows: lowing: SEC. ll. (a) LIMITATION ON AVAILABILITY WEBB, and Mr. REID) submitted an On page 245, between lines 8 and 9, insert OF FUNDS FOR EXECUTION OF CONTRACTS amendment intended to be proposed by the following: UNDER LOGCAP.—None of the funds appro- him to the bill H.R. 3326, making ap- SEC. 8104. None of the funds appropriated priated or otherwise made available by this propriations for the Department of De- or otherwise made available by this Act or Act may be obligated or expended for the any other Act may be used for the program fense for the fiscal year ending Sep- execution of a contract under the Logistics tember 30, 2010, and for other purposes; described on page two of Annex II to the Civil Augmentation Program (LOGCAP). Classified Annex to S. 1494 (111th Congress, (b) WAIVER.—The Secretary of the Army as follows: agreed to in the Senate on September 16, may waive the applicability of the limita- At the appropriate place, insert the fol- 2009) prior to the date that the staff of the tion in subsection (a) to any contract if the lowing: Select Committee on Intelligence of the Sen- Secretary certifies in writing to Congress SEC. ll. (a) HEARINGS ON STRATEGY AND ate is provided access to such program, as that— RESOURCES WITH RESPECT TO AFGHANISTAN described in such Classified Annex. (1) the contract explicitly requires the con- AND PAKISTAN.—Appropriate committees of tractor— Congress shall hold hearings, in open and SA 2590. Mr. FEINGOLD submitted (A) to inspect and immediately correct de- closed session, relating to the strategy and an amendment intended to be proposed ficiencies that present an imminent threat of resources of the United States with respect by him to the bill H.R. 3326, making ap- death or serious bodily injury so as to ensure to Afghanistan and Pakistan promptly after propriations for the Department of De- compliance with the United States National the decision by the President on those mat- Electric Code in work under such contract; ters is announced. fense for the fiscal year ending Sep- (b) TESTIMONY.—The hearings described in (B) monitor and immediately correct defi- tember 30, 2010, and for other purposes; subsection (a) should include testimony from which was ordered to lie on the table; ciencies in the quality of any potable or non- senior civilian and military officials of the potable water provided under such contract as follows: United States, including, but not limited to, to ensure that safe and sanitary water is pro- the following: At the appropriate place, insert the fol- vided; and lowing: (1) The Secretary of Defense. (C) establish and enforce strict standards (2) The Secretary of State SEC. ll. (a) FINDINGS.—The Senate makes for preventing, and immediately addressing the following findings: (3) The Chairman of the Joint Chiefs of and cooperating with the prosecution of, any Staff. (1) The President has emphasized the need instances of sexual assault in all of its oper- for a comprehensive, regional, inter-agency (4) The Commander of the United States ations and the operations of its subcontrac- Central Command. strategy for Afghanistan and Pakistan. tors; (2) The President has rightly focused on (5) The Commander of the United States (2) the waiver is necessary for the provi- European Command and Supreme Allied the need to address the threat emanating sion of essential services to troops in the from the Afghanistan-Pakistan border re- Commander, Europe. field; or (6) The Commander of United States gion. (3) the work under such contract does not (3) On September 20, 2009, the President Forces–Afghanistan. present an imminent threat of death or seri- (7) The United States Ambassador to Af- stated that he will ask how any proposed ous bodily injury. strategy ensures that ‘‘ . . . al Qaeda and its ghanistan. extremist allies cannot attack the United SA 2592. Mr. CASEY (for himself, Mr. (8) The United States Ambassador to Paki- stan. States homeland, our allies, [and] our troops DURBIN, Mr. REID, Mr. KERRY, Mr. NEL- who are based in Europe’’. SON of Florida, and Ms. KLOBUCHAR) SA 2594. Mr. SHELBY (for himself (4) United States troop levels in Afghani- submitted an amendment intended to stan have doubled over the last year. and Mr. BENNETT) submitted an amend- (5) On September 20, 2009, the President be proposed by him to the bill H.R. ment intended to be proposed by him cautioned against the idea that ‘‘by sending 3326, making appropriations for the De- to the bill H.R. 3326, making appropria- more troops [to Afghanistan] we’re auto- partment of Defense for the fiscal year tions for the Department of Defense for matically going to make Americans safe’’. ending September 30, 2010, and for the fiscal year ending September 30, (6) 2009 has already become the deadliest other purposes; as follows: 2010, and for other purposes; as follows: year for United States troops in Afghani- At the appropriate place, insert the fol- At the appropriate place, insert the fol- stan. lowing: lowing: (7) General McChrystal has stated that it SEC. ll. (a) LIMITATION ON AVAILABILITY SEC. ll. (a) REPORT ON GROUND-BASED IN- ‘‘is realistic to expect that Afghan and coali- OF FUNDS FOR EXECUTION OF CONTRACTS TERCEPTOR MISSILES.—Not later than 60 days tion casualties will increase’’. UNDER LOGCAP.—None of the funds appro- after the date of the enactment of this Act, (b) SENSE OF SENATE.—It is the sense of the priated or otherwise made available by this the Director of the Missile Defense Agency Senate that— Act may be obligated or expended for the shall submit to the congressional defense (1) the President has brought needed lead- execution of a contract under the Logistics committees a report on the utilization of ership and focus to one of the key national Civil Augmentation Program (LOGCAP) un- funds to maintain the production line of security challenges facing the United States; less the Secretary of the Army determines Ground-Based Interceptor (GBI) missiles. and that the contract explicitly requires the con- The report shall include a plan for the utili- (2) if the President decides to increase tractor— zation of funds for Ground-Based Interceptor United States troop levels in Afghanistan, (1) to inspect and immediately correct defi- missiles made available by this Act for the before doing so he should provide Congress ciencies that present an imminent threat of Midcourse Defense Segment, including— and the American people with information death or serious bodily injury so as to ensure (1) the number of Ground-based Interceptor on the following: compliance with the United States National missiles proposed to be produced during fis- (A) The expected costs of the increased Electric Code in work under the contract; cal year 2010; and troop levels. (2) monitor and immediately correct defi- (2) any plans for maintaining production of (B) The expected length of time for which ciencies in the quality of any potable or non- such missiles and the subsystems and compo- troop levels will be increased. potable water provided under the contract to nents of such missiles. (C) The likelihood that the increase in ensure that safe and sanitary water is pro- (b) REPORT ON GROUND-BASED MIDCOURSE troop levels will advance United States ef- vided; and DEFENSE SYSTEM.—Not later than 120 days forts to eliminate al Qaeda’s safe haven in (3) establish and enforce strict standards after the date of the enactment of this Act, Pakistan. for preventing, and immediately addressing the Director of the Missile Defense Agency (D) The likelihood that the ongoing United and cooperating with the prosecution of, any shall submit to the congressional defense States military presence in Afghanistan will instances of sexual assault in all of its oper- committees a report setting forth the acqui- increase militancy and instability in Af- ations and the operations of its subcontrac- sition strategy for the Ground-Based Mid- ghanistan and Pakistan. tors. course Defense (GMD) system during fiscal

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years 2011 through 2016. The report shall in- (b) REPORT.—The report described in this to build on the positive relationships of the clude a description of the plans of the Missile subsection is a report that sets forth the fol- past and present to move toward a brighter Defense Agency for each of the following: lowing: future where all the people of this land live (1) To maintain the capability for produc- (1) A detailed plan for how the Secretary of reconciled as brothers and sisters, and har- tion of Ground-Based Interceptor missiles. the Air Force will fill the force structure and moniously steward and protect this land to- (2) To address modernization and obsoles- capability gaps resulting from the retire- gether; cence of the Ground-Based Midcourse De- ment of tactical aircraft under the struc- (6) urges the President to acknowledge the fense system. turing plan described in subsection (a). wrongs of the United States against Indian (3) To conduct a robust test program for (2) A description of the follow-on missions tribes in the history of the United States in the Ground-Based Midcourse Defense system. for each base affected by the structuring order to bring healing to this land; and plan. (7) commends the State governments that SA 2595. Mr. LIEBERMAN (for him- (3) An explanation of the criteria used for have begun reconciliation efforts with recog- self, Mr. SESSIONS, and Mr. INHOFE) selecting the bases referred to in paragraph nized Indian tribes located in their bound- submitted an amendment intended to (2) and for the selection of tactical aircraft aries and encourages all State governments be proposed by him to the bill H.R. for retirement under the structuring plan. similarly to work toward reconciling rela- 3326, making appropriations for the De- (4) A plan for the reassignment of the reg- tionships with Indian tribes within their partment of Defense for the fiscal year ular and reserve Air Force personnel affected boundaries. ending September 30, 2010, and for by the retirement of tactical aircraft under (b) DISCLAIMER.—Nothing in this section— the structuring plan. (1) authorizes or supports any claim other purposes; which was ordered to (5) An estimate of the cost avoidance to be against the United States; or lie on the table; as follows: achieved by the retirement of such tactical (2) serves as a settlement of any claim At the appropriate place, insert the fol- aircraft, and a description how such funds against the United States. lowing: would be invested under the period covered SEC. ll. (a) FUNDING FOR TWO-STAGE by the most current future-years defense SA 2599. Mr. NELSON of Florida sub- GROUND-BASED INTERCEPTOR MISSILE.—Of the program. mitted an amendment intended to be amounts appropriated or otherwise made proposed by him to the bill H.R. 3326, available by this Act for a long-range missile SA 2597. Mr. BOND submitted an making appropriations for the Depart- defense system in Europe, or appropriated or amendment intended to be proposed by otherwise made available for the Depart- ment of Defense for the fiscal year end- ment of Defense for a long-range missile de- him to the bill H.R. 3326, making ap- ing September 30, 2010, and for other fense system in Europe from the Consoli- propriations for the Department of De- purposes; which was ordered to lie on dated Security Disaster Assistance, and Con- fense for the fiscal year ending Sep- the table; as follows: tinuing Appropriations Act of 2009 (Public tember 30, 2010, and for other purposes; On page 245, between lines 8 and 9, insert Law 110–329) and available for obligation, which was ordered to lie on the table; the following: $151,000,000 shall be available for research, as follows: SEC. 8104. (a) It is the sense of Congress development, test, and evaluation of the At the appropriate place, insert the fol- that the Haiti Stabilization Initiative (HSI) two-stage ground-based interceptor missile. lowing: has proven successful in combining defense, (b) PROHIBITION ON DIVERSION OF FUNDS.— SEC. ll. It is the sense of the Senate to diplomatic, and development assets in a fo- Funds appropriated or otherwise made avail- urge the Secretary of Defense to establish in cused mission addressing the root causes of able by this Act for the Missile Defense the Department of Defense a single training instability in Haiti. Agency for the purpose of research, develop- center for the civilian law enforcement force (b)(1) Not later than 90 days after the date ment, and testing of the two-stage ground of the Department of Defense in order to— of the enactment of this Act, the Secretary based interceptor missile shall be utilized (1) promote the standardization of civilian of Defense, in concurrence with the Sec- solely for that purpose, and may not be re- law enforcement training throughout the De- retary of State, shall submit to the congres- programmed or otherwise utilized for any partment; and sional defense committees and the Com- other purpose. (2) ensure that post, camps, and stations of mittee on Foreign Relations of the Senate (c) REPORT.—Not later than February 1, 2010, the Director of the Missile Defense the Department have a civilian law enforce- and the Committee on Foreign Affairs of the Agency shall submit to the congressional de- ment force adequate to ensure that mission House of Representatives an unclassified re- fense committees a report setting forth the commanders in the Armed Forces have ac- port on the Haiti Stabilization Initiative. following: cess to adequate numbers of active duty (2) The report required under this sub- (1) A comprehensive plan for the continued military law enforcement personnel to de- section shall address— development and testing of the two-stage ploy and support ongoing contingency oper- (A) the role of the Haiti Stabilization Ini- ground-based interceptor missile, including a ations. tiative in contributing to security, stability, ´ description how the Missile Defense Agency and development in Cite Soleil and will leverage the development and testing of SA 2598. Mr. BROWNBACK (for him- Martissant, Haiti, and recommendations for such missile to modernize the Ground-based self, Mr. DORGAN, and Mr. INOUYE) sub- the possible expansion of the program in Midcourse Defense component of the bal- mitted an amendment intended to be other parts of Haiti; and listic missile defense system. proposed by him to the bill H.R. 3326, (B) challenges and lessons learned from (2) Options for deploying an additional making appropriations for the Depart- HSI as a model for interagency cooperation on security and stability programs. Ground-based Midcourse Defense site in Eu- ment of Defense for the fiscal year end- rope or the United States to provide en- ing September 30, 2010, and for other SA 2600. Mr. SANDERS submitted an hanced defense in response to future long- purposes; as follows: range missile threats from Iran, and a de- amendment intended to be proposed by scription of how such a site may be made At the appropriate place, insert the fol- him to the bill H.R. 3326, making ap- interoperable with the planned missile de- lowing: propriations for the Department of De- fense architecture for Europe and the United SEC. lll. APOLOGY TO NATIVE PEOPLES OF fense for the fiscal year ending Sep- States. THE UNITED STATES. tember 30, 2010, and for other purposes; (a) ACKNOWLEDGMENT AND APOLOGY.—The which was ordered to lie on the table; SA 2596. Mr. BOND (for himself, Mr. United States, acting through Congress— as follows: NELSON of Florida, and Mr. BENNETT) (1) recognizes the special legal and polit- submitted an amendment intended to ical relationship Indian tribes have with the At the appropriate place, insert the fol- be proposed by him to the bill H.R. United States and the solemn covenant with lowing: the land we share; SEC. ll. (a) FUNDING FOR OUTREACH AND 3326, making appropriations for the De- (2) commends and honors Native Peoples REINTEGRATION SERVICES UNDER YELLOW RIB- partment of Defense for the fiscal year for the thousands of years that they have BON REINTEGRATION PROGRAM.—Of the ending September 30, 2010, and for stewarded and protected this land; amounts appropriated or otherwise made other purposes; as follows: (3) recognizes that there have been years of available by title IV under the heading ‘‘RE- At the appropriate place, insert the fol- official depredations, ill-conceived policies, SEARCH, DEVELOPMENT, TEST AND EVALUA- lowing: and the breaking of covenants by the Federal TION, ARMY’’, $20,000,000 shall be available for SEC. ll. (a) LIMITATION ON EARLY RETIRE- Government regarding Indian tribes; outreach and reintegration services under MENT OF TACTICAL AIRCRAFT.—The Secretary (4) apologizes on behalf of the people of the the Yellow Ribbon Reintegration Program of the Air Force may not retire any tactical United States to all Native Peoples for the under section 582(h) of the National Defense aircraft as announced in the Combat Air many instances of violence, maltreatment, Authorization Act for Fiscal Year 2008 (Pub- Forces structuring plan announced on May and neglect inflicted on Native Peoples by lic Law 110–181; 122 Stat. 125; 10 U.S.C. 10101 18, 2009, until the Secretary submits to the citizens of the United States; note). congressional defense committees the report (5) expresses its regret for the ramifica- (b) SUPPLEMENT NOT SUPPLANT.—The described in subsection (b). tions of former wrongs and its commitment amount made available by subsection (a) for

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.083 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10072 CONGRESSIONAL RECORD — SENATE October 1, 2009 the services described in that subsection is by him to the bill H.R. 3326, making ap- the amount of the reduction to be allocated in addition to any other amounts available propriations for the Department of De- to amounts available for the Maui Space in this Act for such services. fense for the fiscal year ending Sep- Surveillance System (MSSS) for PanSTARRS. SA 2601. Mr. SANDERS (for himself tember 30, 2010, and for other purposes; and Mr. DORGAN) submitted an amend- which was ordered to lie on the table; SA 2607. Mr. KYL submitted an ment intended to be proposed by him as follows: amendment intended to be proposed by to the bill H.R. 3326, making appropria- On page 245, between lines 8 and 9, insert him to the bill H.R. 3326, making ap- tions for the Department of Defense for the following: propriations for the Department of De- SEC. 8104. (a) In collaboration with the Sec- the fiscal year ending September 30, retary of Defense, the Secretary of State fense for the fiscal year ending Sep- 2010, and for other purposes; as follows: shall develop a plan for replacing private se- tember 30, 2010, and for other purposes; At the appropriate place, insert the fol- curity contractors with United States Gov- which was ordered to lie on the table; lowing: ernment personnel within one year after the as follows: SEC. ll. (a) FUNDING FOR OUTREACH AND date of the enactment of this Act at United At the appropriate place, insert the fol- REINTEGRATION SERVICES UNDER YELLOW RIB- States missions in war zones where the lowing: BON REINTEGRATION PROGRAM.—Of the United States Armed Forces are engaged in SEC. ll. The amount appropriated by amounts appropriated or otherwise made combat operations. title IX under the heading ‘‘AFGHANISTAN SE- available by title IX. $20,000,000 shall be (b) Not later than 120 days after the date of CURITY FORCES FUND’’ is hereby increased by available for outreach and reintegration the enactment of this Act, the Secretary of $900,000,000, with the amount designated as services under the Yellow Ribbon Reintegra- Defense shall submit the plan developed an emergency requirement and necessary to tion Program under section 582(h) of the Na- under subsection (a) to the congressional de- meet emergency needs pursuant to section tional Defense Authorization Act for Fiscal fense committees and the Committee on For- 403 of S. Con Res. 13 (111th Congress), the Year 2008 (Public Law 110–181; 122 Stat. 125; eign Relations of the Senate and the Com- concurrent resolution on the budget for fis- 10 U.S.C. 10101 note). mittee on Foreign Affairs of the House of cal year 2010. (b) SUPPLEMENT NOT SUPPLANT.—The Representatives. amount made available by subsection (a) for SA 2608. Mr. KYL (for himself and the services described in that subsection is SA 2605. Mr. BINGAMAN (for himself in addition to any other amounts available Mr. CHAMBLISS) submitted an amend- and Mr. UDALL of New Mexico) sub- in this Act for such services. ment intended to be proposed by him mitted an amendment intended to be to the bill H.R. 3326, making appropria- SA 2602. Mr. GRAHAM submitted an proposed by him to the bill H.R. 3326, tions for the Department of Defense for amendment intended to be proposed by making appropriations for the Depart- the fiscal year ending September 30, him to the bill H.R. 3326, making ap- ment of Defense for the fiscal year end- 2010, and for other purposes; as follows: propriations for the Department of De- ing September 30, 2010, and for other At the appropriate place, insert the fol- fense for the fiscal year ending Sep- purposes; which was ordered to lie on lowing: tember 30, 2010, and for other purposes; the table; as follows: SEC. ll. The amount appropriated by which was ordered to lie on the table; At the appropriate place, insert the fol- title IX under the heading ‘‘AFGHANISTAN SE- as follows: lowing: CURITY FORCES FUND’’ is hereby increased by $900,000,000. At the appropriate place, insert the fol- SEC. ll. (a) AMOUNT FOR EVALUATIONS OF CERTAIN LASER SYSTEMS.—Of the amount ap- lowing: Mr. SESSIONS (for himself, SEC. ll. The amount appropriated by propriated or otherwise made available by SA 2609. title III under the heading ‘‘PROCUREMENT, title IV under the heading ‘‘RESEARCH, DE- Mr. LIEBERMAN, and Mr. BENNETT) sub- DEFENSE-WIDE’’ is hereby increased by VELOPMENT, TEST AND EVALUATION, AIR mitted an amendment intended to be $9,740,000, with the amount of the increase to FORCE’’ and available for Advanced Weapons proposed by him to the bill H.R. 3326, be available for the Special Operations Technology (PE# 0603605F), up to $5,000,000 making appropriations for the Depart- Forces Combat Assault Rifle (SCAR) in ac- may be available to carry out the evalua- ment of Defense for the fiscal year end- cordance with amounts requested for that tions and analyses required by subsection (b). ing September 30, 2010, and for other rifle in the budget of the President for fiscal purposes; which was ordered to lie on year 2010. (b) EVALUATIONS AND ANALYSES OF CERTAIN LASER SYSTEMS.—The Secretary of Defense the table; as follows: SA 2603. Mr. SANDERS submitted an shall, in a manner consistent with the Octo- At the appropriate place, insert the fol- amendment intended to be proposed by ber 8, 2008, report of the Air Force Scientific lowing: him to the bill H.R. 3326, making ap- Advisory Board entitled ‘‘Airborne Tactical SEC. ll. (a) COMPTROLLER GENERAL AS- Laser (ATL) Feasibility for Gunship Oper- propriations for the Department of De- SESSMENT OF PHASED ADAPTIVE APPROACH TO ations’’— MISSILE DEFENSE IN EUROPE.—The Comp- fense for the fiscal year ending Sep- (1) carry out additional enhanced user troller General of the United States shall tember 30, 2010, and for other purposes; evaluations of the Advanced Tactical Laser submit to Congress a report setting forth the which was ordered to lie on the table; system on a variety of instrumented targets; assessment of the Comptroller General of the as follows: and so-called ‘‘Phased Adaptive’’ approach to On page 245, between lines 8 and 9, insert (2) enter into an agreement with a feder- missile defense in Europe. the following: ally funded research and development center (b) ELEMENTS.—The assessment required SEC. 8104. (a) The Secretary of Defense under which the center shall— by subsection (a) shall include the following: shall conduct a study on defense contracting (A) conduct an analysis of the feasibility of (1) A comparison of the capabilities, sched- fraud and submit a report containing the integrating solid state laser systems onto C– ule, cost, technology risk, requirements for findings of such study to the congressional 130, B–1, and F–35 aircraft platforms to pro- basing agreements, and geopolitical implica- defense committees. vide close air support; and tions of the ‘‘Phased Adaptive’’ approach to (b) The report required under subsection (B) estimate the cost per unit of such laser missile defense in Europe, as proposed by the (a) shall include— systems and the cost of operating and main- Department of Defense on September 17, (1) an assessment of the total value of De- taining each such platform with such laser 2009, with the approach to missile defense in partment of Defense contracts entered into systems. Europe, as outlined in the budget for fiscal to with contractors that have been indicted year 2009 for the Department of Defense and for, settled charges of, been fined by any SA 2606. Mr. MCCAIN submitted an the future-years defense program, to provide Federal department or agency for, or been amendment intended to be proposed by short, medium, intermediate and long-range convicted of fraud in connection with any him to the bill H.R. 3326, making ap- missile defense capabilities for the protec- contract or other transaction entered into propriations for the Department of De- tion of the United States its deployed forces, with the Federal Government; and fense for the fiscal year ending Sep- and allies against the threat of Iranian bal- (2) recommendations by the Inspector Gen- tember 30, 2010, and for other purposes; listic missiles eral of the Department of Defense or other (2) A review of the intelligence data used appropriate Department of Defense official which was ordered to lie on the table; to inform each of the approaches. regarding how to penalize contractors re- as follows: (c) DEADLINE AND FORM OF SUBMITTAL.— peatedly involved in fraud in connection At the appropriate place, insert the fol- The report required by subsection (a) shall with contracts or other transactions entered lowing: be submitted not later than the date of the into with the Federal Government. SEC. ll. The amount appropriated by submittal to Congress of the budget of the title IV under the heading ‘‘RESEARCH, DE- President for fiscal year 2011 (as submitted SA 2604. Mr. FEINGOLD submitted VELOPMENT, TEST AND EVALUATION, AIR pursuant to section 1105 of title 31, United an amendment intended to be proposed FORCE’’ is hereby reduced by $10,000,000, with States Code). The report may be submitted

VerDate Nov 24 2008 03:19 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.100 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10073 in the form of an initial briefing provided this section are in addition to any other pay, JOHANNS, and Mr. WEBB) submitted an not later than such submittal date, with a absence, or leave provided by law. amendment intended to be proposed by written report submitted not later than 30 (f) DEFINITIONS.—In this section: him to the bill H.R. 3326, making ap- days after such initial briefing. (1) The term ‘‘Post-Deployment/Mobiliza- propriations for the Department of De- tion Respite Absence program’’ means the SA 2610. Mr. SESSIONS submitted an program of a military department to provide fense for the fiscal year ending Sep- amendment intended to be proposed by days of administrative absence not charge- tember 30, 2010, and for other purposes; him to the bill H.R. 3326, making ap- able against available leave to certain de- as follows: propriations for the Department of De- ployed or mobilized members of the Armed At the appropriate place, insert the fol- fense for the fiscal year ending Sep- Forces in order to assist such members in re- lowing: integrating into civilian life after deploy- SEC. ll. Of the amount appropriated or tember 30, 2010, and for other purposes; ment or mobilization. otherwise made available by title II under which was ordered to lie on the table; (2) The term ‘‘Secretary concerned’’ has the heading ‘‘OPERATION AND MAINTENANCE, as follows: the meaning given that term in section 101(5) DEFENSE-WIDE’’, up to $15,000,000 may be At the appropriate place, insert the fol- of title 37, United States Code. available for the implementation by the De- lowing: (g) TERMINATION.—(1) The authority to pro- partment of Defense of the responsibilities of SEC. ll. None of the funds appropriated vide benefits under this section shall expire the Department under the Military and or otherwise made available by this Act for on the date that is one year after the date of Overseas Voter Empowerment Act and the the KC–X tanker aircraft replacement pro- the enactment of this Act. amendments made by that Act. gram may be obligated or expended until the (2) Expiration under this subsection of the Secretary of the Air Force releases com- authority to provide benefits under this sec- SA 2615. Mrs. HAGAN (for herself and parable pricing data to both offerors under tion shall not affect the utilization of any Mr. BURR) submitted an amendment in- the previous competition for that program. day of administrative absence provided a tended to be proposed by her to the bill member of the Armed Forces under sub- H.R. 3326, making appropriations for SA 2611. Mr. WYDEN (for himself, section (b)(2), or the payment of any pay- ment authorized a member or former mem- the Department of Defense for the fis- Mr. FRANKEN, Ms. KLOBUCHAR, Mr. cal year ending September 30, 2010, and ROBERTS, Mr. HARKIN, and Mr. LAUTEN- ber of the Armed Forces under subsection (b), before the expiration of the authority in for other purposes; as follows: BERG) submitted an amendment in- this section. tended to be proposed by him to the On page 245, between lines 8 and 9, insert the following: bill H.R. 3326, making appropriations SA 2612. Mr. CORNYN submitted an SEC. 8104. None of the funds appropriated for the Department of Defense for the amendment intended to be proposed by or otherwise made available by this Act may fiscal year ending September 30, 2010, him to the bill H.R. 3326, making ap- be used to dispose of claims filed regarding and for other purposes; which was or- propriations for the Department of De- water contamination at Camp Lejeune, dered to lie on the table; as follows: fense for the fiscal year ending Sep- North Carolina, until the Agency for Toxic At the appropriate place, insert the fol- tember 30, 2010, and for other purposes; Substances and Disease Registry (ATSDR) lowing: fully completes all current, ongoing epide- which was ordered to lie on the table; miological and water modeling studies pend- SEC. ll. (a) BENEFITS UNDER PDMRA as follows: ing as of the date of the enactment of this PROGRAM.—Under regulations prescribed by the Secretary of Defense, the Secretary con- At the appropriate place, insert the fol- Act. cerned may provide any member or former lowing: member of the Armed Forces with the bene- SEC. ll. During the one-year period be- SA 2616. Mr. LIEBERMAN (for him- fits specified in subsection (b) if the member ginning on the date of the enactment of this self, Mr. BAYH, Mr. MCCAIN, Mr. or former member would, on any day during Act, none of the funds appropriated or other- INHOFE, Mr. VITTER, Mr. KYL, Mr. SES- the period beginning on January 19, 2007, and wise made available by this Act may be obli- SIONS, and Mr. BENNETT) submitted an ending on the date of the implementation of gated or expended to carry out section 7306a amendment intended to be proposed by or 7306b of title 10, United States Code, with the Post-Deployment/Mobilization Respite him to the bill H.R. 3326, making ap- Absence (PDMRA) program by the Secretary respect to any naval vessel stricken from the Naval Vessel Register. propriations for the Department of De- concerned, have qualified for a day of admin- fense for the fiscal year ending Sep- istrative absence under the Post-Deploy- ment/Mobilization Respite Absence program SA 2613. Mr. FRANKEN submitted an tember 30, 2010, and for other purposes; had the program been in effect during such amendment intended to be proposed by as follows: period. him to the bill H.R. 3326, making ap- At the appropriate place, insert the fol- (b) BENEFITS.—The benefits authorized propriations for the Department of De- lowing: under this section are the following: fense for the fiscal year ending Sep- SEC. ll. (a) FUNDING FOR TWO-STAGE (1) In the case of an individual who is a tember 30, 2010, and for other purposes; GROUND-BASED INTERCEPTOR MISSILE.—Of the former member of the Armed Forces at the which was ordered to lie on the table; amounts appropriated or otherwise made time of the provision of benefits under this as follows: available by this Act for a long-range missile section, payment of an amount not to exceed defense system in Europe, or appropriated or $200 for each day the individual would have On page 245, between lines 8 and 9, insert otherwise made available for the Depart- qualified for a day of administrative absence the following: ment of Defense for a long-range missile de- as described in subsection (a) during the pe- SEC. 8104. (a) Beginning 90 days after the fense system in Europe from the Consoli- riod specified in that subsection. date of the enactment of this Act, none of dated Security Disaster Assistance, and Con- (2) In the case of an individual who is a the funds appropriated or otherwise made tinuing Appropriations Act of 2009 (Public member of the Armed Forces at the time of available by this Act may be used for any ex- Law 110–329) and available for obligation, the provision of benefits under this section, isting or new Federal contract if the con- $151,000,000 shall be available for research, either one day of administrative absence or tractor or a subcontractor at any tier re- development, test, and evaluation of the payment of an amount not to exceed $200, as quires that an employee or independent con- two-stage ground-based interceptor missile. selected by the Secretary concerned, for tractor, as a condition of employment, sign a (b) PROHIBITION ON DIVERSION OF FUNDS.— each day the individual would have qualified contract that mandates that the employee or Funds appropriated or otherwise made avail- for a day of administrative absence as de- independent contractor performing work able by this Act for the Missile Defense scribed in subsection (a) during the period under the contract or subcontract resolve Agency for the purpose of research, develop- specified in that subsection. through arbitration any claim under title ment, and testing of the two-stage ground (c) EXCLUSION OF CERTAIN FORMER MEM- VII of the Civil Rights Act of 1964 or any tort based interceptor missile shall be utilized BERS.—A former member of the Armed related to or arising out of sexual assault or solely for that purpose, and may not be re- Forces is not eligible under this section for harassment, including assault and battery, programmed or otherwise utilized for any the benefits specified in subsection (b)(1) if intentional infliction of emotional distress, other purpose. the former member was discharged or re- false imprisonment, or negligent hiring, su- (c) REPORT.—Not later than February 1, leased from the Armed Forces under other pervision, or retention. 2010, the Director of the Missile Defense than honorable conditions. (b) The prohibition in subsection (a) does Agency shall submit to the congressional de- (d) FORM OF PAYMENT.—The paid benefits not apply with respect to employment con- fense committees a report setting forth the authorized under this section may be paid in tracts that may not be enforced in a court of following: a lump sum or installments, at the election the United States. (1) A comprehensive plan for the continued of the Secretary concerned. development and testing of the two-stage (e) CONSTRUCTION WITH OTHER PAY AND SA 2614. Mr. NELSON of Nebraska ground-based interceptor missile, including a LEAVE.—The benefits provided a member or (for himself, Mr. CORNYN, Mr. SCHUMER, description how the Missile Defense Agency former member of the Armed Forces under Mr. CHAMBLISS, Mr. BENNETT, Mr. will leverage the development and testing of

VerDate Nov 24 2008 03:19 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.093 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10074 CONGRESSIONAL RECORD — SENATE October 1, 2009 such missile to modernize the Ground-based to the private sector, pursuant to Depart- STARS, re-engining Joint STARS will pay Midcourse Defense component of the bal- ment of Defense Directive 5160.65. for itself by 2017 due to reduced operations, listic missile defense system. sustainment, and fuel costs. (2) Options for deploying an additional SA 2619. Mr. INHOFE (for himself, (11) In December 2002, a JSTARS re- Ground-based Midcourse Defense site in Eu- Mr. WARNER, Mr. WEBB, and Mr. engining study determined that re-engining rope or the United States to provide en- CARDIN) submitted an amendment in- provided significant benefits and cost sav- hanced defense in response to future long- tended to be proposed by him to the ings. However, delays in executing the re- range missile threats from Iran, and a de- bill H.R. 3326, making appropriations engining program continue to result in in- scription of how such a site may be made for the Department of Defense for the creased costs for the re-engining effort. interoperable with the planned missile de- (12) The budget request for the Department fense architecture for Europe and the United fiscal year ending September 30, 2010, of Defense for fiscal year 2010 included States. and for other purposes; which was or- $205,000,000 in Aircraft Procurement, Air dered to lie on the table; as follows: Force, and $16,000,000 in Research, Develop- SA 2617. Mr. SANDERS submitted an At the appropriate place, insert the fol- ment, Test, and Evaluation, Air Force for amendment intended to be proposed by lowing: Joint STARS re-engining. him to the bill H.R. 3326, making ap- SEC. ll. Of the amount appropriated or (13) On September 22, 2009, the Department propriations for the Department of De- otherwise made available by title IV under of Defense reaffirmed their support for the fense for the fiscal year ending Sep- the heading ‘‘RESEARCH, DEVELOPMENT, President’s Budget request for Joint STARS tember 30, 2010, and for other purposes; TEST, AND EVALUATION, DEFENSE-WIDE’’ and re-engining. available for Program Element #060300, up to (14) On September 30, 2009, The Undersecre- as follows: $4,000,000 may be available for the Rehabili- tary of Defense (Acquisition, Technology, On page 245, between lines 8 and 9, insert tation Technology Transition Center. and Logistics) signed an Acquisition Deci- the following: sion Memorandum directing that the Air SEC. 8104. (a) The Secretary of Defense SA 2620. Mr. CHAMBLISS (for him- Force proceed with the Joint STARS re- shall conduct a study on defense contracting self, Mr. DODD, Mr. LIEBERMAN, Mr. engining effort, to include expenditure of fraud and submit a report containing the NELSON of Florida, and Mr. INHOFE) procurement and research, development, findings of such study to the congressional test, and evaluation funds. defense committees. submitted an amendment intended to (b) SENSE of SENATE.—It is the sense of the (b) The report required under subsection be proposed by him to the bill H.R. Senate that— (a) shall include— 3326, making appropriations for the De- (1) Funds for re-engining of the E–8C Joint (1) an assessment of the total value of De- partment of Defense for the fiscal year Surveillance Target Attack Radar System partment of Defense contracts entered into ending September 30, 2010, and for (Joint STARS) aircraft should be appro- to with contractors that have been indicted other purposes; which was ordered to priated in accordance with the budget re- for, settled charges of, been fined by any lie on the table; as follows: quest of the President for fiscal year 2010; Federal department or agency for, or been and convicted of fraud in connection with any At the appropriate place, insert the fol- (2) the Air Force should proceed with cur- contract or other transaction entered into lowing: SEC. (a) FINDINGS. .:—The Senate rently planned efforts to re-engine Joint with the Federal Government; and ll ll makes the following findings: STARS aircraft, to include expending both (2) recommendations by the Inspector Gen- (1) Real time intelligence, surveillance, procurement and research, development, eral of the Department of Defense or other and reconnaissance (ISR) is critical to our test, and evaluation funds. appropriate Department of Defense official warfighters in fighting the ongoing wars in regarding how to penalize contractors re- Iraq and Afghanistan. SA 2621. Mr. CHAMBLISS (for him- peatedly involved in fraud in connection (2) Secretary of Defense Gates and the with contracts or other transactions entered self, Mr. DODD, Mr. LIEBERMAN, Mr. military leadership of the United States NELSON of Florida, Mr. INHOFE, and Mr. into with the Federal Government. have highlighted the importance of col- ISAKSON) submitted an amendment in- SA 2618. Mr. INHOFE submitted an lecting and disseminating critical intel- ligence and battlefield information to our tended to be proposed by him to the amendment intended to be proposed by troops on the ground in Iraq and Afghani- bill H.R. 3326, making appropriations him to the bill H.R. 3326, making ap- stan. for the Department of Defense for the propriations for the Department of De- (3) The Chief of Staff of the Air Force, Gen- fiscal year ending September 30, 2010, fense for the fiscal year ending Sep- eral Norton Schwartz, has stated that the and for other purposes; as follows: Air Force is ‘‘all-in’’ for the joint fight. tember 30, 2010, and for other purposes; Strike all after the first word, and insert (4) One of the most effective and heavily which was ordered to lie on the table; the following: tasked intelligence, surveillance, and recon- as follows: (a) FINDINGS.—The Senate makes the fol- naissance assets operating today is the Air lowing findings: On page 245, between lines 8 and 9, insert Force’s E–8C Joint Surveillance Target At- (1) Real time intelligence, surveillance, the following: tack Radar System, also known as Joint SEC. 8104. None of the funds appropriated and reconnaissance (ISR) is critical to our STARS. or otherwise made available by this Act may (5) Commanders in the field rely on Joint warfighters in fighting the ongoing wars in be used by the Secretary of the Army to STARS to give them a long range view of the Iraq and Afghanistan. transition government-owned ammunition battlefield and detect moving targets in all (2) Secretary of Defense Gates and the production assets to the private sector until weather conditions as well as tactical sup- military leadership of the United States 60 days after the Secretary submits a report port to Brigade Combat Teams, Joint Tac- have highlighted the importance of col- to the congressional defense committees on tical Air Controllers and Special Operations lecting and disseminating critical intel- the effects of privatizing conventional am- Forces convoy overwatch. ligence and battlefield information to our munition production, military readiness, and (6) Joint STARS is a joint platform, flown troops on the ground in Iraq and Afghani- the United States industrial base. The report by a mix of active duty Air Force and Air stan. shall include, at a minimum, the following: National Guard personnel and operated by a (3) The Chief of Staff of the Air Force, Gen- (1) A cost-benefit analysis for converting joint Army, Air Force, and Marine crew, sup- eral Norton Schwartz, has stated that the additional government-owned ammunition porting missions for all the Armed Forces. Air Force is ‘‘all-in’’ for the joint fight. production assets to the private sector, in- (7) With a limited number of airframes, (4) One of the most effective and heavily cluding cost-savings comparisons. Joint STARS has flown over 55,000 combat tasked intelligence, surveillance, and recon- (2) A projection of the impact on the am- hours and 900 sorties over Iraq and Afghani- naissance assets operating today is the Air munition production industrial base in the stan and directly contributed to the dis- Force’s E–8C Joint Surveillance Target At- United States of converting such assets to covery of hundreds of Improvised Explosive tack Radar System, also known as Joint the private sector. Devices. STARS. (3) A projection of the capability to meet (8) The current engines greatly limit the (5) Commanders in the field rely on Joint current and future ammunition production performance of Joint STARS aircraft and are STARS to give them a long range view of the and national security requirements by both the highest cause of maintenance problems battlefield and detect moving targets in all government-owned and private sector ammu- and mission aborts. weather conditions as well as tactical sup- nition production assets, as well as a com- (9) There is no other current or pro- port to Brigade Combat Teams, Joint Tac- bination of the two production assets. grammed aircraft or weapon system that can tical Air Controllers and Special Operations (4) A projection of potential impact on provide the detailed, broad-area ground mov- Forces convoy overwatch. military readiness as a result of imple- ing target indicator (GMTI) and airborne (6) Joint STARS is a joint platform, flown menting Department of Defense Directive battle management support for the by a mix of active duty Air Force and Air 5160.65. warfighter that Joint STARS provides. National Guard personnel and operated by a (5) An implementation plan for the Depart- (10) With the significant operational sav- joint Army, Air Force, and Marine crew, sup- ment of the Army to transition such assets ings that new engines will bring to the Joint porting missions for all the Armed Forces.

VerDate Nov 24 2008 04:12 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.092 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10075 (7) With a limited number of airframes, the proposal receives due to such illegal de- AUTHORITY FOR COMMITTEES TO Joint STARS has flown over 55,000 combat velopment subsidies. MEET hours and 900 sorties over Iraq and Afghani- COMMITTEE ON FINANCE stan and directly contributed to the dis- SA 2623. Mr. INOUYE submitted an covery of hundreds of Improvised Explosive amendment intended to be proposed by Mr. INOUYE. Mr. President, I ask Devices. him to the bill H.R. 3326, making ap- unanimous consent that the Com- (8) The current engines greatly limit the propriations for the Department of De- mittee on Finance be authorized to performance of Joint STARS aircraft and are meet during the session of the Senate the highest cause of maintenance problems fense for the fiscal year ending Sep- tember 30, 2010, and for other purposes; on October 1, 2009, at 10:30 a.m., in and mission aborts. room 216 of the Hart Senate Office (9) There is no other current or pro- which was ordered to lie on the table; grammed aircraft or weapon system that can as follows: Building. provide the detailed, broad-area ground mov- The PRESIDING OFFICER. Without At the appropriate place, insert the fol- ing target indicator (GMTI) and airborne objection, it is so ordered. lowing: battle management support for the COMMITTEE ON FOREIGN RELATIONS SEC. ll. (a) NATURE OF FULL AND OPEN warfighter that Joint STARS provides. Mr. INOUYE. Mr. President, I ask (10) With the significant operational sav- COMPETITION FOR CONGRESSIONALLY DIRECTED SPENDING ITEMS.—Each congressionally di- unanimous consent that the Com- ings that new engines will bring to the Joint mittee on Foreign Relations be author- STARS, re-engining Joint STARS will pay rected spending item specified in this Act or for itself by 2017 due to reduced operations, the report accompanying this Act that is in- ized to meet during the session of the sustainment, and fuel costs. tended for award to a for-profit entity shall Senate on October 1, 2009, at 10 a.m., to (11) In December 2002, a JSTARS re- be subject to acquisition regulations for full hold a hearing entitled ‘‘Afghanistan’s engining study determined that re-engining and open competition on the same basis as Impact on Pakistan.’’ provided significant benefits and cost sav- each spending item intended for a for-profit entity that is contained in the budget re- The PRESIDING OFFICER. Without ings. However, delays in executing the re- objection, it is so ordered. engining program continue to result in in- quest of the President. COMMITTEE ON FOREIGN RELATIONS creased costs for the re-engining effort. (b) EXCEPTIONS.—Subsection (a) shall not (12) The budget request for the Department apply to any contract awarded— Mr. INOUYE. Mr. President, I ask of Defense for fiscal year 2010 included (1) by a means that is required by Federal unanimous consent that the Com- $205,000,000 in Aircraft Procurement, Air statute, including for a purchase made under mittee on Foreign Relations be author- Force, and $16,000,000 in Research, Develop- a mandated preferential program; ized to meet during the session of the ment, Test, and Evaluation, Air Force for (2) pursuant to the Small Business Act (15 Senate on October 1, 2009, at 2:30 p.m., Joint STARS re-engining. U.S.C. 631 et seq.); or (3) in an amount less than the simplified to hold a hearing entitled ‘‘Violence (13) On September 22, 2009, the Department against Women: Global Costs and Con- of Defense reaffirmed their support for the acquisition threshold described in section President’s Budget request for Joint STARS 302A(a) of the Federal Property and Adminis- sequences.’’ re-engining. trative Services Act of 1949 (41 U.S.C. The PRESIDING OFFICER. Without (14) On September 30, 2009, The Undersecre- 252a(a)). objection, it is so ordered. tary of Defense (Acquisition, Technology, (c) CONGRESSIONALLY DIRECTED SPENDING COMMITTEE ON HOMELAND SECURITY AND and Logistics) signed an Acquisition Deci- ITEM DEFINED.—In this section, the term GOVERNMENTAL AFFAIRS sion Memorandum directing that the Air ‘‘congressionally directed spending item’’ Mr. INOUYE. Mr. President, I ask Force proceed with the Joint STARS re- means the following: (1) A congressionally directed spending unanimous consent that the Com- engining effort, to include expenditure of mittee on Homeland Security and Gov- procurement and research, development, item, as defined in Rule XLIV of the Stand- test, and evaluation funds. ing Rules of the Senate. ernmental Affairs be authorized to (b) SENSE OF SENATE.—It is the sense of the (2) A congressional earmark for purposes of meet during the session of the Senate Senate that— rule XXI of the House of Representatives. on October 1, 2009, at 2:30 p.m. (1) Funds for re-engining of the E–8C Joint The PRESIDING OFFICER. Without Surveillance Target Attack Radar System f objection, it is so ordered. (Joint STARS) should be appropriated in the COMMITTEE ON THE JUDICIARY correct appropriations accounts and in the Mr. INOUYE. Mr. President, I ask amounts required in fiscal year 2010 to exe- NOTICE OF HEARING cute the Joint STARS re-engining system unanimous consent that the Com- COMMITTEE ON ENERGY AND NATURAL mittee on the Judiciary be authorized design and development program; and RESOURCES (2) the Air Force should proceed with cur- to meet during the session of the Sen- rently planned efforts to re-engine Joint Mr. BINGAMAN. Mr. President, I ate on October 1, 2009, at 9:30 a.m., in STARS aircraft, to include expending both would like to announce for the infor- SD–226 of the Dirksen Senate Office procurement and research, development, mation of the Senate and the public Building, to conduct an executive busi- test, and evaluation funds. that a hearing has been scheduled be- ness meeting. fore the Senate Committee on Energy The PRESIDING OFFICER. Without SA 2622. Mr. BROWNBACK submitted and Natural Resources. The hearing objection, it is so ordered. an amendment intended to be proposed will be held on Thursday, October 8, SELECT COMMITTEE ON INTELLIGENCE to amendment SA 2610 submitted by 2009, at 10 a.m., in room SE–366 of the Mr. INOUYE. Mr. President, I ask Mr. SESSIONS and intended to be pro- Dirksen Senate Office Building. posed to the bill H.R. 3326, making ap- unanimous consent that the Select The purpose of the hearing is to con- Committee on Intelligence be author- propriations for the Department of De- sider the nominations of Marcia K. fense for the fiscal year ending Sep- ized to meet during the session of the McNutt, to be Director of the United Senate on October 1, 2009, at 2:30 p.m. tember 30, 2010, and for other purposes; States Geological Survey, and Arun which was ordered to lie on the table; The PRESIDING OFFICER. Without Majumdar, to be Director of the Ad- objection, it is so ordered. as follows: vanced Research Projects Agency-En- In lieu of the matter proposed to be in- ergy, Department of Energy. f serted, insert the following: Because of the limited time available PRIVILEGES OF THE FLOOR SEC. ll. None of the funds appropriated for the hearing, witnesses may testify or otherwise made available by this Act for Ms. MURKOWSKI. Madam President, the KC–X tanker aircraft replacement pro- by invitation only. However, those I ask unanimous consent that a mili- gram may be obligated or expended unless wishing to submit written testimony tary fellow in my office, MAJ John the Secretary of the Air Force includes in for the hearing record may do so by Vargas, be granted the privilege of the the request for proposals for such program sending it to the Committee on Energy floor for the duration of the debate on penalties for any proposal based on an air- and Natural Resources, United States the fiscal year 2010 Defense appropria- craft that benefitted from development sub- Senate, Washington, D.C. 20510–6150, or tions bill. sidies identified by the United States Trade by e-mail to Aman- The ACTING PRESIDENT pro tem- Representative as illegal. Any penalties so da [email protected]. imposed on a proposal shall be proportional l pore. Without objection, it is so or- (as determined by the Secretary in consulta- For further information, please con- dered. tion with the United States Trade Rep- tact Sam Fowler at (202) 224–7571 or Mr. BARRASSO. Mr. President, I ask resentative) to the competitive advantage Amanda Kelly at (202) 224–6836. unanimous consent that Andrew

VerDate Nov 24 2008 04:39 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A01OC6.099 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S10076 CONGRESSIONAL RECORD — SENATE October 1, 2009 Julson, of Senator DEMINT’s staff, be placement in the Capitol, in accordance with Resolved by the Senate (the House of Rep- granted the privilege of the floor dur- section 1814 of the Revised Statutes of the resentatives concurring), ing the duration of the debate on H.R. United States (2 U.S.C. 2131), is accepted in SECTION 1. USE OF THE ROTUNDA OF THE CAP- the name of the United States, and the ITOL FOR THE PRESENTATION OF 3326. THE CONGRESSIONAL GOLD MEDAL. The PRESIDING OFFICER. Without thanks of Congress are tendered to the peo- ple of Alabama for providing this commemo- The rotunda of the United States Capitol is objection, it is so ordered. ration of one of Alabama’s most eminent authorized to be used on October 28, 2009, for Mr. COCHRAN. Mr. President, I ask personages. the presentation of the Congressional Gold unanimous consent that LCDR Steven (b) PRESENTATION CEREMONY.—The State of Medal to former Senator Edward Brooke. McDowell, a Navy fellow in Senator Alabama is authorized to use the Rotunda of Physical preparations for the conduct of the COLLINS’ office, be provided full floor the Capitol on October 7, 2009, for a presen- ceremony shall be carried out in accordance privileges for the duration of the con- tation ceremony for the statue. The Archi- with such conditions as may be prescribed by sideration of H.R. 3326. tect of the Capitol and the Capitol Police the Architect of the Capitol. The PRESIDING OFFICER. Without Board shall take such action as may be nec- f objection, it is so ordered. essary with respect to physical preparations and security for the ceremony. FILIPINO AMERICAN HISTORY f (c) DISPLAY IN ROTUNDA.—The Architect of MONTH PROVIDING FOR THE ACCEPTANCE the Capitol shall provide for the display of Mr. REID. Mr. President, I ask unan- the statue accepted under this section in the imous consent that the Senate proceed OF A STATUE OF HELEN KELLER Rotunda of the Capitol for a period of not Mr. REID. Mr. President, I ask unan- more than 6 months, after which period the to the consideration of S. Res. 298. imous consent that the Senate proceed statue shall be displayed in the Capitol, in The PRESIDING OFFICER. The to S. Con. Res. 42. accordance with the procedures described in clerk will report the resolution by The PRESIDING OFFICER. Without section 311(e) of the Legislative Branch Ap- title. objection, it is so ordered. propriations Act, 2001 (2 U.S.C. 2132(e)). The legislative clerk read as follows: The clerk will report. SEC. 2. TRANSMITTAL TO GOVERNOR OF ALA- A resolution (S. Res. 298) recognizing Fili- The legislative clerk read as follows: BAMA. pino American History Month in October The Secretary of the Senate shall transmit A concurrent resolution (S. Con. Res. 42) 2009. an enrolled copy of this concurrent resolu- There being no objection, the Senate providing for the acceptance of a statue of tion to the Governor of Alabama. Hellen Keller, presented by the people of proceeded to consider the resolution. Alabama. f Mr. REID. Mr. President, I ask unan- There being no objection, the Senate AUTHORIZING USE OF THE imous consent that the resolution be proceeded to consider the concurrent CAPITOL ROTUNDA agreed to, the preamble be agreed to, resolution. Mr. REID. Mr. President, I ask unan- the motions to reconsider be laid upon Mr. REID. Mr. President, I ask unan- imous consent that the Senate proceed the table, with no intervening action imous consent that the concurrent res- to the consideration of S. Con. Res. 43. or debate, and that any statements re- olution be agreed to, the preamble be The PRESIDING OFFICER. The lating to the resolution be printed in agreed to, the motions to reconsider be clerk will report the concurrent resolu- the RECORD. laid on the table, and that any state- tion by title. The PRESIDING OFFICER. Without ments relating to the matter be print- The legislative clerk read as follows: objection, it is so ordered. ed in the RECORD. A concurrent resolution (S. Con. Res. 43) The resolution (S. Res. 298) was The PRESIDING OFFICER. Without authorizing the use of the rotunda of the agreed to. objection, it is so ordered. Capitol for the presentation of the Congres- The preamble was agreed to. The concurrent resolution (S. Con. sional Gold Medal to former Senator Edward The resolution, with its preamble, Res. 42) was agreed to. Brooke. reads as follows: The preamble was agreed to. There being no objection, the Senate S. RES. 298 The concurrent resolution, with its proceeded to consider the concurrent Whereas the earliest documented Filipino preamble, reads as follows: resolution. presence in the continental United States S. CON. RES. 42 Mr. REID. Mr. President, I ask unan- was on October 18, 1587, when the first Whereas Helen Keller was born in imous consent that the concurrent res- ‘‘Luzones Indios’’ set foot in Morro Bay, Tuscumbia, Alabama on June 27, 1880, and at olution be agreed to, the preamble be California, on board the Manila-built galleon the age of 19 months lost her sight and hear- ship Nuestra Senora de Esperanza; agreed to, the motions to reconsider be Whereas the Filipino American National ing as a result of meningitis; laid upon the table, and that any state- Whereas Helen was liberated from the Historical Society recognizes the year of 1763 ‘‘double dungeon of darkness and silence’’ by ments relating to the concurrent reso- as the date of the first permanent Filipino her teacher, Anne Sullivan, when she discov- lution be printed in the RECORD. settlement in the United States in St. Malo, ered language and communication at the The PRESIDING OFFICER. Without Louisiana, which set in motion the focus on water pump when she was 7 years old; objection, it is so ordered. the story of our Nation’s past from a new Whereas Helen enrolled in Radcliffe Col- The concurrent resolution (S. Con. perspective by concentrating on the eco- lege in 1900 and graduated cum laude in 1904 Res. 43) was agreed to. nomic, cultural, social, and other notable to become the first deaf and blind college The preamble was agreed to. contributions that Filipino Americans have graduate; The concurrent resolution, with its made in countless ways toward the develop- ment of the history of the United States; Whereas Helen’s life served as a model for preamble, reads as follows: all people with disabilities in America and Whereas the Filipino-American commu- S. CON. RES. 43 worldwide; nity is the second largest Asian-American Whereas Helen became recognized as one of Whereas Edward William Brooke III was group in the United States, with a popu- Alabama’s and America’s best known figures the first African American elected by pop- lation of approximately 3,100,000 people; and became ‘‘America’s Goodwill Ambas- ular vote to the United States Senate and Whereas Filipino-American servicemen sador to the World’’; served with distinction for 2 terms from Jan- and servicewomen have a longstanding his- Whereas Helen pioneered the concept of uary 3, 1967, to January 3, 1979; tory serving in the Armed Services, from the ‘‘talking books’’ for the blind; Whereas on March 29, 2007, the United Civil War to the Iraq and Afghanistan con- Whereas LIFE Magazine hailed Helen as States Senate passed S. 682, sponsored by the flicts, including the 250,000 Filipinos who ‘‘one of the 100 most important Americans of late Senator Edward M. Kennedy with 68 co- fought under the United States flag during the 20th Century—a national treasure’’; and sponsors, by unanimous consent, to award World War II to protect and defend this Whereas Helen’s presence in the Capitol Senator Brooke the Congressional Gold country; will become an even greater inspiration for Medal; Whereas 9 Filipino Americans have re- people with disabilities worldwide: Now, Whereas on June 10, 2008, the House passed ceived the Congressional Medal of Honor, the therefore, be it S. 682 under suspension of the rules by voice highest award for valor in action against an Resolved by the Senate (the House of Rep- vote and a similar measure, H.R. 1000 was in- enemy force that can be bestowed upon an resentatives concurring), That— troduced in the House by Representative El- individual serving in the United States SECTION 1. ACCEPTANCE OF HELEN KELLER, eanor Holmes Norton with 286 co-sponsors; Armed Forces; FROM THE PEOPLE OF ALABAMA, and Whereas Filipino Americans are an inte- FOR PLACEMENT IN THE CAPITOL. Whereas the President signed the bill on gral part of the United States health care (a) IN GENERAL.—The statue of Helen Kel- July 1, 2008, and it became Public Law 110- system as nurses, doctors, and other medical ler, furnished by the people of Alabama for 260: Now, therefore, be it professionals;

VerDate Nov 24 2008 03:19 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G01OC6.091 S01OCPT1 wwoods2 on DSK1DXX6B1PROD with SENATE October 1, 2009 CONGRESSIONAL RECORD — SENATE S10077 Whereas Filipino Americans have contrib- large minority populations, high rates of un- and Portland, ME, have suffered disas- uted greatly to the fine arts, music, dance, employment and poverty, and limited access trous fires in the past. Even in our literature, education, business, literature, to safe housing and medical providers; agrarian, Colonial era, cities such as journalism, sports, fashion, politics, govern- Whereas premature birth is a leading cause Boston and Philadelphia were orga- ment, science, technology, and other fields of infant mortality and, according to the In- in the United States that enrich the land- stitute of Medicine, costs the United States nizing paid and volunteer fire compa- scape of the country; more than $26,000,000,000 annually; nies to fight the hazards of fire. Whereas efforts should continue to pro- Whereas infant mortality rates can be sub- Today, flames continue to exact a mote the study of Filipino-American history stantially reduced through community-based deadly toll on citizens and firefighters and culture, as mandated in the mission services such as outreach, home visitation, every year. The National Fire Protec- statement of the Filipino American National case management, health education, and tion Association reports that in 2008, Historical Society, because the roles of Fili- interconceptional care; an estimated 1.45 million fires in this pino Americans and other people of color Whereas support for community-based pro- country killed nearly 3,320 civilians have been overlooked in the writing, teach- grams to reduce infant mortality can result and injured another 16,705, while also ing, and learning of United States history; in lower future spending on medical inter- killing 103 firefighters. Whereas it is imperative for Filipino- ventions, special education, and other social When President Harding designated American youth to have positive role models services that may be needed for infants and to instill in them the importance of edu- children who are born with a low-birth the first Fire Prevention Week in 1922, cation, complemented with the richness of weight; fires were killing about 15,000 Ameri- their ethnicity and the value of their legacy; Whereas the United States Department of cans every year. Advances in safety and Health and Human Services, through the Of- technology, education, fire prevention, Whereas Filipino American History Month fice of Minority Health, has implemented the and firefighting have brought great is celebrated during the month of October ‘‘A Healthy Baby Begins With You’’ cam- progress in reducing the number of fa- 2009: Now, therefore, be it paign; talities, especially considering the Resolved, That the Senate— Whereas public awareness and education great increase in population. But fire (1) recognizes the celebration of Filipino campaigns on infant mortality are held dur- still poses an enormous threat to life, American History Month 2009 as a study of ing the month of September 2009; and the advancement of Filipino Americans, as a Whereas September 2009 has been des- health, and property of all Americans. time of reflection and remembrance, and as ignated as National Infant Mortality Aware- As a cochair of the Congressional a time to renew efforts toward the research ness Month: Now, therefore, be it Fire Services Caucus, I have proudly and examination of history and culture in Resolved, That the Senate— joined in bipartisan efforts to honor order to provide an opportunity for all peo- (1) supports the goals and ideals of Na- the heroic service of our firefighters ple in the United States to learn and appre- tional Infant Mortality Awareness Month and to support legislation to assist ciate more about Filipino Americans and 2009; them in securing the personnel, equip- their historic contributions to the Nation; (2) supports efforts to educate Americans ment, training, and benefits they need. and about infant mortality and its contributing Today, I am proud to submit this reso- (2) urges the people of the United States to factors; observe Filipino American History Month (3) supports efforts to reduce infant deaths, lution to support their work in edu- 2009 with appropriate programs and activi- low-birth weight, pre-term births, and dis- cating the public on the vital concern ties. parities in perinatal outcomes; of fire prevention. The more people understand the im- f (4) recognizes the critical importance of in- cluding efforts to reduce infant mortality portance of avoiding fire hazards and NATIONAL INFANT MORTALITY and its contributing factors as part of pre- dangerous practices, of installing and AWARENESS MONTH vention and wellness strategies; and maintaining smoke alarms, and of Mr. REID. Mr. President, I ask unan- (5) calls upon the people of the United planning escape routes, the fewer lives States to observe National Infant Mortality imous consent that the Senate proceed will be lost among our citizens and our Awareness Month during September 2009 firefighters. to the consideration of S. Res. 299. with appropriate programs and activities. The PRESIDING OFFICER. The I thank my colleagues for joining me f clerk will report the resolution by in support of this resolution in support title. FIRE PREVENTION WEEK of our firefighters’ work and of the Fire Prevention Week of October 4 through The legislative clerk read as follows: Mr. REID. Mr. President, I ask unan- 10, 2009. A resolution (S. Res. 299) expressing sup- imous consent that the Senate now Mr. REID. I ask unanimous consent port for the goals and ideals of National In- proceed to the consideration of S. Res. that the resolution be agreed to, the fant Mortality Awareness Month 2009. 300, which was submitted earlier today. preamble be agreed to, and the motions There being no objection, the Senate The PRESIDING OFFICER. The to reconsider be laid upon the table. proceeded to consider the resolution. clerk will report the resolution by The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- title. objection, it is so ordered. imous consent that the resolution be The legislative clerk read as follows: The resolution (S. Res. 300) was agreed to, the preamble be agreed to, A resolution (S. Res. 300) supporting the agreed to. the motions to reconsider be laid upon goals and ideals of Fire Prevention Week and The preamble was agreed to. the table, and that any statements re- the work of firefighters in educating and pro- The resolution, with its preamble, lating to the resolution be printed in tecting the communities of this Nation. reads as follows: the RECORD. There being no objection, the Senate S. RES. 300 The PRESIDING OFFICER. Without proceeded to consider the resolution. Whereas since the organization of the first objection, it is so ordered. Ms. COLLINS. Mr. President, I rise in fire departments during the colonial era of The resolution (S. Res. 299) was support of S. Res. 300, supporting the this Nation, firefighters have maintained agreed to. work of firefighters to educate and pro- their dedication to protecting the health and The preamble was agreed to. tect the Nation’s communities, and the safety of the American public; The resolution, with its preamble, goals and ideals of Fire Prevention Whereas firefighters presently provide a multitude of services to our communities, reads as follows: Week. Senators CARPER, DODD, and including emergency medical services, spe- S. RES. 299 MCCAIN join me in sponsoring this res- cial rescue response, hazardous material and Whereas infant mortality refers to the olution to honor and promote the life- terrorism response, and public safety edu- death of a baby before his or her first birth- saving work of the National Fire Pro- cation; day; tection Association. Whereas 103 firefighters lost their lives in Whereas the United States ranks 29th Fire prevention is an ancient con- the line of duty in 2008; among industrialized nations in the rate of cern. Two thousand years ago, the city Whereas the Nation’s fire departments re- infant mortality; of Rome not only had had thousands of spond to emergency calls nearly once per Whereas premature birth, low-birth paid firefighters, but also wardens who second and are dispatched to fire emer- weight, and shorter gestation periods ac- gencies every 22 seconds; count for more than 60 percent of infant would patrol the streets and enforce Whereas approximately 1,145,000 fires were deaths in the United States; fire-prevention laws. reported in 2008; Whereas high rates of infant mortality are Thousands of American cities and Whereas firefighters always respond with especially prevalent in communities with towns such as San Francisco, Chicago, courage, whether they are confronted with

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A PROCLAMATION HONORING The Barlow family also shows their deep He has received three Presidential appoint- MATT WHEELER FOR WINNING and personal dedication to the foster care sys- ments, first by President Ronald Reagan to THE BOYS’ DIVISION III STATE tem through many different aspects of their the Board for International Food and Agricul- BASEBALL CHAMPIONSHIP own lives. For example, their household con- tural Development, by President George H. tains what they call a ‘‘virtual store,’’ a collec- Bush to lead the Task Force on Agricultural HON. ZACHARY T. SPACE tion of clothes, toys, and care items for chil- and Economic Development to Zaire, and OF OHIO dren of all ages. Another example of their gen- most recently by President George W. Bush to erosity is when Marjorie and Marshall, already chair the Advisory Board on Historically Black IN THE HOUSE OF REPRESENTATIVES parents of three, opened their family to one of Colleges and Universities. Wednesday, September 30, 2009 their foster children. The first young woman Madam Speaker, it is my distinct honor to Mr. SPACE. Madam Speaker: that they took in was pregnant and they recognize Dr. Benjamin F. Payton on the oc- Whereas, Matt Wheeler showed hard work helped her give birth to the first child that they casion of his retirement and I commend him and dedication to the sport of baseball; and adopted into their own family, Taliyah. for his dedication, outstanding leadership and, Whereas, Matt Wheeler was a supportive Marshall and Marjorie Barlow are truly de- above all, thank him for his years of sacrifice, team player; and serving of this honor and recognition for their hard work, and service to his community and Whereas, Matt Wheeler always displayed dedication to such a noble cause. The Barlow to the United States. sportsmanship on and off of the field; now, family is a true inspiration to us for touching f therefore, be it the lives of so many children that desperately RECOGNIZING INDIANA UNIVER- Resolved, that along with his friends, family, need our help. SITY OF PENNSYLVANIA’S COM- and the residents of the 18th Congressional f MITMENT TO OUR STUDENTS District, I congratulate Matt Wheeler on win- AND COMMUNITY ning the Boys’ Division III State Baseball IN HONOR OF DR. BENJAMIN F. Championship. We recognize the tremendous PAYTON hard work and sportsmanship he has dem- HON. JOHN P. MURTHA onstrated during the 2008–2009 baseball sea- HON. SANFORD D. BISHOP, JR. OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES son. OF GEORGIA f IN THE HOUSE OF REPRESENTATIVES Wednesday, September 30, 2009 HONORING MARSHALL AND Wednesday, September 30, 2009 Mr. MURTHA. Madam Speaker, Indiana MARJORIE BARLOW University of Pennsylvania (IUP) has been Mr. BISHOP of Georgia. Madam Speaker, I providing quality, affordable higher educational rise today to pay tribute to Dr. Benjamin F. opportunities to students since 1875. HON. GWEN MOORE Payton of Tuskegee, AL. Dr. Payton will retire With over 14,000 students, 1,600 employ- OF WISCONSIN next year after 28 years as the president of ees, and an annual operating budget of nearly IN THE HOUSE OF REPRESENTATIVES Tuskegee University. During his tenure, he $250 million, IUP is one of the top economic guided the university through unprecedented Wednesday, September 30, 2009 drivers in Indiana County, and the reason why growth and development. unemployment rates there fall well below the Ms. MOORE of Wisconsin. Madam Speak- A native of Orangeburg, SC, Dr. Payton national and state averages. er, I rise today to congratulate Marshall and graduated Phi Beta Kappa from South Caro- In this tough economy, IUP has the largest Marjorie Barlow for being selected for the lina State University in 1955 with a B.A. in so- student enrollment in University history, and 2009 Angels in Adoption Award. This award is cial studies. He went on to receive a B.D. from has been frequently ranked as a ‘‘best value to honor the tremendous and selfless work of Harvard in political theology, an M.A. from Co- for public colleges and universities.’’ two of my constituents that has enriched the lumbia in the philosophy of religion, and a Madam Speaker, when my grandfather, lives of foster children and orphans. I believe Ph.D. in social ethics from Yale. Charles Ray, graduated from IUP in 1902, the Barlow family is truly deserving of this high Prior to joining Tuskegee, Dr. Payton was there were only twenty-five students in his honor and I want to commend them for their program officer of Higher Education and Re- class. Twenty-five years later, my mother service to our community. search at the Ford Foundation in New York graduated from IUP, and by the time my According to most recent data from the De- City (1972–81); president of Benedict College daughter graduated from IUP the University partment of Health and Human Services, in in Columbia, SC (1967–72); executive director had over 10,000 students. 2006, 79,000 children were taken away from of the Commission on Religion and Race at Having worked with IUP over the last few their parents in the court systems but only the Department of Social Justice at the Na- decades, I have witnessed both their aca- 51,000 were adopted. According to the same tional Council of Churches in the U.S.A. demic achievements and their strong leader- data, in 2006, there were a total of 510,000 (1966–67); director of the Office of Church ship within our community. University officials children in the U.S. foster care system that and Race at the Protestant Council of the City work hand-in-hand with our local and state needed a safe environment to live. These star- of New York (1965–66); and an assistant pro- representatives to identify projects that have tling facts demonstrate that foster care fami- fessor at Howard University in Washington, the greatest academic impact on our students lies, like the Barlows, are so tremendously im- DC (1963–65). and the greatest economic impact on our com- portant for helping and preserving our nation’s Dr. Payton has served Tuskegee since munity. most valuable investment for the future, our 1981. Among his many accomplishments at The Foundation for IUP is currently working children. the university, he established and developed a with city and county officials to make a series Marshall and Marjorie have gone consist- number of programs for students in the fields of main street improvements to downtown In- ently above and beyond the call of duty by of engineering, health care, bioethics, and diana. The Foundation’s $500,000 investment taking on a rather specialized role in the foster business. is transforming the city’s main thoroughfare care system. In addition to over 400 children Additionally, he has been instrumental in and improving the livability of our community. who have entered their doors, the Barlow fam- raising funds for various renovation and im- IUP is near the completion of a multi-phase ily serves as an assessment family. Assess- provement projects on campus, has helped to residential revival program, a $270 million ment families are on call 24 hours a day, 7 increase the endowment almost sevenfold, public-private collaboration that is the largest days a week in order to ensure that a potential and has served as a shining example of lead- of its kind in the nation. These new student adopting family meets the requirements for ership and moral courage for every student housing facilities integrate ‘‘living-learning’’ providing a safe and caring environment for who steps on the Tuskegee University cam- space and are beautifying both the campus the children. pus. and community.

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

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K30SE8.008 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2410 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 Most recently, IUP began construction of a Hospital Association was established to over- proud to continue my German heritage with 150,000 square-foot convention and athletic see hospitals operations and to ensure that my first name being Addison, even though my complex. The complex, built on the site of a Southeastern Arizona had access to nec- nickname is Joe. My second son and first former salvage company, will provide IUP and essary medical services and high-quality pa- grandson now continue the name Addison. the community with space to accommodate tient care. This new association was open to f large events that will bring in both patrons and community members and leaders, beginning a A PROCLAMATION HONORING JIM revenue. tradition of community involvement that con- MONIGOLD FOR WINNING THE Madam Speaker, I rise to commend the tinues to this day. BOYS’ DIVISION III STATE BASE- achievements of Indiana University of Penn- The Copper Queen Community Hospital of BALL CHAMPIONSHIP sylvania, and to thank them for their excep- 2009 is a 14-bed critical-access, non-profit fa- tional commitment to our students and to our cility that provides a full range of medical serv- community. ices to residents of Bisbee and Cochise Coun- HON. ZACHARY T. SPACE OF OHIO f ty. In recent years, clinics in outlying areas have extended healthcare to rural commu- IN THE HOUSE OF REPRESENTATIVES A PROCLAMATION HONORING nities. Wednesday, September 30, 2009 JOHNNY IACOBUCCI FOR WIN- The hospital’s strong commitment to rural NING THE BOYS’ DIVISION III Mr. SPACE. Madam Speaker: healthcare makes it a worthy recipient of fed- Whereas, Jim Monigold showed hard work STATE BASEBALL CHAMPION- eral assistance. Needed funding allows for the and dedication to the sport of baseball; and SHIP ever expansion of the emergency room, im- Whereas, Jim Monigold was a supportive provement in patient services and help for coach; and HON. ZACHARY T. SPACE those in need in Cochise County. Whereas, Jim Monigold always displayed OF OHIO For more than a century, Copper Queen sportsmanship on and off of the field; now, IN THE HOUSE OF REPRESENTATIVES Community Hospital has held true to its mis- therefore, be it sion of providing access to primary healthcare Resolved, that along with his friends, family, Wednesday, September 30, 2009 in southeastern Cochise. The hospital is one and the residents of the 18th Congressional Mr. SPACE. Madam Speaker: of only four in Arizona to be on the list of the District, I congratulate Jim Monigold on win- Whereas, Johnny Iacobucci showed hard 100 Top Regional Hospitals in the United ning the Boys’ Division III State Baseball work and dedication to the sport of baseball; States. It plays a critical role in the delivery of Championship. We recognize the tremendous and medical services to the people of Congres- hard work and sportsmanship he has dem- Whereas, Johnny Iacobucci was a sup- sional District 8. onstrated during the 2008–2009 baseball sea- portive team player; and I am proud to join with a grateful community son. Whereas, Johnny Iacobucci always dis- to commend Copper Queen Community Hos- f played sportsmanship on and off of the field; pital for its long tradition of quality healthcare now, therefore, be it AIDING AMERICAN SAMOA IN and I wish it continued success. QUAKE AND TSUNAMI RECOVERY Resolved, that along with his friends, family, f and the residents of the 18th Congressional EFFORTS District, I congratulate Johnny Iacobucci on CONGRATULATIONS CHANCELLOR winning the Boys’ Division III State Baseball ANGELA MERKEL HON. DONNA M. CHRISTENSEN Championship. We recognize the tremendous OF THE VIRGIN ISLANDS hard work and sportsmanship he has dem- HON. JOE WILSON IN THE HOUSE OF REPRESENTATIVES onstrated during the 2008–2009 baseball sea- OF SOUTH CAROLINA Wednesday, September 30, 2009 son. IN THE HOUSE OF REPRESENTATIVES Mrs. CHRISTENSEN. Madam Speaker, I f Wednesday, September 30, 2009 once again today rise to extend my thought and prayers to the victims of the 8.0 mag- COPPER QUEEN COMMUNITY Mr. WILSON of South Carolina. Madam HOSPITAL 125TH ANNIVERSARY nitude earthquake and the subsequent tsu- Speaker, on September 29, 2009, The New nami that devastated our brothers and sisters York Times reported that ‘‘Europe’s Socialists in the U.S. territory in the South Pacific, Amer- HON. GABRIELLE GIFFORDS Suffering Even in Downturn.’’ This comes on ican Samoa and Western Samoa. OF ARIZONA the heels of the September 27th elections in Any my heart and that of all Virgin Islanders IN THE HOUSE OF REPRESENTATIVES Germany where the socialist parties faired go out with sympathy to those that have lost poorly receiving only 23 percent of the vote— Wednesday, September 30, 2009 loved ones as a result of yesterday’s tragedy. their worst result since World War II. As the Congresswoman from the U.S. Virgin Ms. GIFFORDS. Madam Speaker, I rise I want to congratulate Chancellor Angela Islands, a community of islands that are also today to recognize the Copper Queen Com- Merkel on her re-election to the position of vulnerable to tropical disasters, and former munity Hospital, which has been providing ex- chancellor and commend her on her capable chair of the Subcommittee on Insular Affairs, I ceptional healthcare in Bisbee and South- and strong leadership for the German people am well aware of the toll that it can take on eastern Arizona for 125 years. and in the world community. She now leads a people, on infrastructure, on our time and re- Copper Queen Community Hospital began coalition made up of the Christian Democrats sources but most especially—individuals and serving residents in this historic mining com- and Free Democrats who received 33.8 per- families. And the emotional repercussions go munity of Bisbee in the 1880s. Like the com- cent and 15 percent of the vote respectively. on long after the physical recovery is done. munity it serves, the hospital has come a long Following her original election, Merkel was Having visited American Samoa on several way since those rough and tumble days, when the first person from the former East Germany occasions and Western Samoa once, I know its medical care was offered in a mining cave. to assume the post of chancellor of the unified of the many struggles especially faced by the The first hospital building was built by the Germany. This is a tremendous achievement people of American Samoa, but I also know of mining companies in 1900—a dozen years be- since she grew up under the communism of their close family and community ties, their fore Arizona even became a state. Twenty-six East Germany. strength of spirit and most importantly, their years later, a new hospital was constructed to With a center-right majority, Chancellor faith. provide services to the miners and other pa- Merkel will continue to lead with conservative The people of my district, the U.S. Virgin Is- tients. At that time, Bisbee was a thriving and principles towards greater prosperity. Germany lands and I stand in solidarity with the people bustling community, a town that grew pros- will continue to be a vital member of NATO of American Samoa at this time of their great perous because of copper, gold, silver and promoting peace through strength. distress. other minerals. I am grateful for my German heritage which I extend my support of our colleagues and Today’s current hospital building opened in German Ambassador Klaus Scharioth sub- friend—the Dean of the territorial delegation— 1961, thanks to the Phelps Dodge Corpora- stantiated for me this year. My ancester Daniel Congressman ENI FALEOMAVAEGA as we make tion. It was operated by the mining company Weisiger was born in Frankfort in 1709 and the necessary arrangements to mobile and de- until 1976, when the hospital and all equip- immigrated in 1731, from Rotterdam, the Neth- ploy the urgently needed emergency assist- ment were donated to the Cochise County erlands, to Philadelphia, Pennsylvania. He set- ance that our President has directed, and as- Hospital Association. At that time, the Bisbee tled in Chesterfield County, Virginia. I am sure them that the American people and the

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.020 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2411 people of the other offshore territories stand A PROCLAMATION HONORING JER- human beings. Father Damien was surely ready to assist them in their time of need. EMY BOLON FOR WINNING THE such a person. No disease was as feared as As I said earlier, the people of American BOYS’ DIVISION III STATE BASE- leprosy in the late 1800s, but he volunteered Samoa and Western Samoa are a strong and BALL CHAMPIONSHIP to serve at Kalaupapa and requested to stay resilient people. I know that their faith and there in order to serve those who most their strong cultural bonds and traditions will HON. ZACHARY T. SPACE shunned. He recognized the human rights and help; them meet this present challenge, as OF OHIO inherent dignity of all people, especially those they have ones that have come before. IN THE HOUSE OF REPRESENTATIVES he lived alongside at Kalaupapa. Father Damien worked with those who were On behalf of myself, my staff and the people Wednesday, September 30, 2009 of the Virgin Islands, please know that you isolated at Kalaupapa to improve living condi- can count on us in your hour of need, but also Mr. SPACE. Madam Speaker: tions. A skilled carpenter, he led in the build- as you move forward in recovery and then to Whereas, Jeremy Bolon showed hard work ing of houses and hospitals, six chapels, a address the other longstanding challenges that and dedication to the sport of baseball; and home for boys, and a home for girls. At the your leaders so clearly and passionately out- Whereas, Jeremy Bolon was a supportive same time, he ministered to the spiritual and lined for us when we were there last month. coach; and physical needs of his parishioners and helped Whereas, Jeremy Bolon always displayed to bury the hundreds who died during his f sportsmanship on and off of the field; now, years there. therefore, be it It is noteworthy that, shortly after Hawaii be- EXPRESSING SUPPORT FOR THE Resolved, that along with his friends, family, came a State, Father Damien was the first se- PEOPLE OF AMERICAN SAMOA and the residents of the 18th Congressional lection of the State legislature to be memorial- District, I congratulate Jeremy Bolon on win- ized in a statue as part of the National Stat- ning the Boys’ Division III State Baseball uary Hall Collection. Despite the fact that he HON. NICK J. RAHALL II Championship. We recognize the tremendous was not born in Hawaii and lived so long ago, OF WEST VIRGINIA hard work and sportsmanship he has dem- Hawaii’s people recognized that his life em- IN THE HOUSE OF REPRESENTATIVES onstrated during the 2008–2009 baseball sea- bodied the true spirit of aloha (love, compas- son. sion, mercy, grace) and malama (to care for). Wednesday, September 30, 2009 f I have visited Father Damien’s church and Mr. RAHALL. Madam Speaker, I rise to ex- grave at Kalawao on the Kalaupapa peninsula. press my heartfelt condolences and deepest INTRODUCTION OF A HOUSE RESO- I hope that some of you will have the oppor- sympathies to the people of American Samoa LUTION COMMEMORATING THE tunity to visit Kalaupapa at some point in your as they cope with the effects of the powerful CANONIZATION OF FATHER lives. I know that you will be deeply moved, as earthquake and tsunami that struck American DAMIEN DE VEUSTER, SS.CC. TO I was, by the example of this man, soon to be Samoa, Independent Samoa and Tonga yes- SAINTHOOD recognized as a saint, as well as by the cour- terday, September 29, 2009. age and perseverance of the people he dedi- Our fellow Americans in American Samoa HON. MAZIE K. HIRONO cated his life to serving. are presently facing tragic losses of life and OF HAWAII f property as a result of the most devastating of IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO MR. ROBERT circumstances. It has been reported that sur- Wednesday, September 30, 2009 TILLSLEY vivors of the deadly earthquake-triggered tsu- Ms. HIRONO. Madam Speaker, I rise today nami described how they watched the in-rush- to introduce a resolution commemorating the ing sea swallow up coastal towns and villages HON. SCOTT GARRETT canonization of Father Damien de Veuster, a leaving devastation in its wake. OF NEW JERSEY member of the Congregation of the Sacred IN THE HOUSE OF REPRESENTATIVES At least 111 people are confirmed killed in Hearts of Jesus and Mary, to sainthood on Independent Samoa, American Samoa’s October 11, 2009. Some 600 people from Ha- Wednesday, September 30, 2009 neighbor to the north and on Tonga and offi- waii are traveling to the Vatican to witness his Mr. GARRETT of New Jersey. Madam cials in the Polynesia region have expressed elevation. Speaker, I rise today to pay tribute to Mr. Rob- fears the toll will rise as rescue workers strug- As many of you know, Father Damien is ert Tillsley of Franklin Lakes, New Jersey for gle to reach outlying villages submerged and recognized for his 16 years of selfless service his dedicated support to the Boy Scouts of flattened by the wave. to the people who were forcibly isolated on the Northern New Jersey as well as Ramapo Col- Additionally the island is without telephone peninsula of Kalaupapa on the island of lege and the members of the community of service; homes and government buildings Molokai, Hawaii, because they were diag- Bergen County. Tonight, Mr. Tillsley is being have been destroyed and the airport runway nosed with leprosy, also known as Hansen’s honored by the Iaoapogh Mountains District of has been severely damaged. I applaud Presi- disease. Living among the people of the Northern New Jersey Council of the Boy dent Obama for his prompt response in de- Kalaupapa from 1873 to 1889, he eventually Scouts for his commitment to improving the claring this a major disaster. I also want to contracted Hansen’s disease and ultimately local community. This district serves more commend our colleague, Congressman ENI died and was buried on Molokai. than 3,000 youth, guided by 1,000 adult volun- FALEOMAVAEGA for his efforts facilitating the re- The policy of exiling persons with the dis- teers through 32 Cub Packs, 26 Boy Scout lief efforts that are currently underway. ease that was then known as leprosy began Troops and 6 Venture Crews. Last month, I had the distinct pleasure of under the Kingdom of Hawaii and continued Robert T. Tillsley has been a member and visiting American Samoa where we were gra- under the governments of the Republic of Ha- friend of scouting for his entire life. He started ciously hosted by my good friend Congress- waii, the Territory of Hawaii, and the State of as a member of Troop 55 in Paterson, New man ENI FALEOMAVAEGA and the American Hawaii. Children, mothers, and fathers were Jersey, and worked his way up from Patrol Samoa Fono. In Pago Pago and the village of forcibly separated and sent to the isolated pe- Leader to become Junior Assistant Scout- Leone, two areas severely hit, we were ninsula of Kalaupapa, which for most of its master. In November of 1960, he achieved the showered with beautiful and ornate traditional history could only be accessed by water or via honor of Eagle Scout and has consistently gifts and received with the warmest of wel- a steep mule trail. Children born to parents at held true to its creeds—‘‘once an Eagle Scout, comes and hospitality. Kalaupapa were taken away from their moth- always an Eagle Scout.’’ American Samoans in the Pacific and in the ers and sent to orphanages or to other family Mr. Tillsley also supports a variety of com- mainland United States are an integral part of members outside of Kalaupapa. Hawaii’s iso- mendable organizations outside of the Boy our country’s history and of our American so- lation laws for people with Hansen’s disease Scouts. He serves as the chairman of the cial fabric. They are our brothers who fight val- were not repealed until 1969, even though Foundation Board of Governors at Ramapo iantly in our wars and contribute immensely to medications to control the disease had been College and has chaired several board com- the prosperity of our country. Today, I send available since the late 1940s. mittees over the years. He has worked with my thoughts and prayers to the victims and I believe that all people, regardless of their McBride Corporate Real Estate since 1988 their family members in this moment of grief religious beliefs, can recognize truly extraor- where he started as a Senior Vice President and tragic loss. We stand in solidarity with our dinary persons who give of themselves without responsible for the marketing of multi-tenant brothers and pray for their speedy recovery. reserve for the betterment of their fellow office buildings and then moved on to

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.023 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2412 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 McBride’s National Services division to serve A PROCLAMATION HONORING Thank you Marilyn. I wish you the best of as President in 1994. His responsibilities in- ZANE SHUSS FOR WINNING THE luck in your new position as Executive Director clude the oversight of national services, cus- BOYS’ DIVISION III STATE BASE- of the Association for Independent and Munic- tomer service, database implementation, main- BALL CHAMPIONSHIP ipal Schools. taining relationships, and implementation of f marketing services for the division. He is an HON. ZACHARY T. SPACE IN HONOR OF MORT WEISBERG active member of the Society of Industrial & OF OHIO Office Realtors, the Industrial & Office Real IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH Estate Brokers Association of Metropolitan Wednesday, September 30, 2009 OF OHIO New York, and CORFAC International—a Mr. SPACE. Madam Speaker: IN THE HOUSE OF REPRESENTATIVES worldwide commercial real estate network Whereas, Zane Shuss showed hard work Wednesday, September 30, 2009 through which he has spoken at numerous and dedication to the sport of baseball; and global conferences and serves as an Execu- Whereas, Zane Shuss was a supportive Mr. KUCINICH. Madam Speaker, I rise tive Committee member. team player; and today in honor of Mort Weisberg, recipient of As Boy Scouting founder Lord Baden Powel Whereas, Zane Shuss always displayed the Jewish National Fund’s Tree of Life Award. once said, ‘‘It is the spirit within, not the ve- sportsmanship on and off of the field; now, The Tree of Life Award is one of the Jewish neer without, which makes a man.’’ Robert therefore, be it Resolved, that along with his friends, family, National Fund’s highest honors; a humani- Tillsley’s spirit can be seen in his laudable and the residents of the 18th Congressional tarian award given in recognition of out- educational and business pursuits on behalf of District, I congratulate Zane Shuss on winning standing community involvement, leadership the Boy Scouts of America throughout the 5th the Boys’ Division III State Baseball Cham- and service. Furthermore, the award is a sym- district of New Jersey; I join with his family, pionship. We recognize the tremendous hard bol of a strong and improved Israel and alle- friends, and community in celebrating this mo- work and sportsmanship he has demonstrated giance to American-Israeli friendship. mentous occasion. during the 2008–2009 baseball season. Mr. Weisberg is the president and chief ex- f ecutive of Multi-Care Management, a nursing f home operator, in the Greater Cleveland area. HONORING MARILYN M. MATHIS In addition to running a successful care-taking TRIBUTE TO MR. STUART FROHM FOR HER SERVICE TO facility, Mort is the chairman of the Ohio Board MURFREESBORO CITY SCHOOLS of Examiners of Nursing Home Administrators. His active and generous participation in nu- HON. DAVE CAMP HON. BART GORDON merous Cleveland area charities further exhib- OF MICHIGAN OF TENNESSEE its his commitment to the community. IN THE HOUSE OF REPRESENTATIVES Madam Speaker and colleagues, please join IN THE HOUSE OF REPRESENTATIVES me in honor of Mort Weisberg for being pre- Wednesday, September 30, 2009 sented the Tree of Life Award by the Jewish Wednesday, September 30, 2009 Mr. GORDON of Tennessee. Madam National Fund. I offer my congratulations to Mr. CAMP. Madam Speaker, I rise today to Speaker, I rise today to honor Marilyn M. Mort as he is recognized for his service to the honor and commend Mr. Stuart Frohm, a pro- Mathis who is leaving Murfreesboro City communities of Cleveland and dedication to a Schools after 26 years of service to pursue a lific political journalist, columnist, and editor. strong American-Israeli relationship. new phase in her distinguished career. f Stu will retire today, September 30, 2009, Marilyn joined City Schools in 1983 as the after 30 years with the Midland Daily News, Assistant Superintendent for Administration STATEMENT COMMEMORATING my hometown newspaper. He was the political under the leadership of School Director Dr. THE INCEPTION OF REPRESEN- writer and wire editor for state, national, and John Hodge Jones. After Dr. Jones’ retirement TATIONAL GOVERNMENT IN world stories and photos. in 1997, Marilyn was appointed Director of LYCIA Schools. Stu was a true newspaper man, a balanced During her 26 year tenure, Marilyn has seen HON. MICHAEL E. McMAHON mix of watchdog and champion for the Mid- the City School’s student population nearly land area community. He was a tireless and OF NEW YORK doubled. As Director, she has been influential IN THE HOUSE OF REPRESENTATIVES dedicated reporter and editor who fully under- in improving City Schools over the last 12 stood politics. He was thorough and he was years. Wednesday, September 30, 2009 fair, even when critical. Most importantly, he Marilyn was determined to live up to the Mr. MCMAHON. Madam Speaker, many of informed readers and helped bring us to- standards set by the No Child Left Behind Act us in this Chamber are familiar with the gether, even through the toughest decisions, and strived to make City Schools one of the Roman and Greek fundamentals of our nation the way only a professional journalist can. top school districts in the state of Tennessee. and our democracy. In addition to these two I have shared many experiences with Stu. She led the system by its mission statement: great nations and traditions a third cornerstone After each election, Stu and I talked. After ‘‘to assure academic and personal success for of democracy also existed in the Mediterra- nean of which our Founding Fathers also drew State of the Unions, major votes, and impor- each child.’’ Under Marilyn’s leadership, City Schools inspiration from. tant moments in our political history, Stu and added three new schools including the Bell- There is a renewed effort by scholars to em- I would talk on the phone. In fact, I vividly re- wood-Bowdoin Preschool for more than 400 phasize the link between our democracy and member that it was Stu on the phone with me at-risk preschool students, and the opening of that of Patara, which was the capital of Lycia, as the events of 9/11/2001 unfolded in Wash- Scales and John Pittard Elementary Schools. an ancient civilization of democratic principles. ington, D.C., and we were still talking as the She also established Bradley Academy as ‘‘An The Lycian government, known as the Lycian Capitol Police told us to run out of the Cannon Arts Integrated School,’’ the Discovery School League existed along Turkey’s Mediterranean House Office Building. for high achieving students at Reeves-Roger, coast from roughly 167 BC until 400 AD, and Stu is much more than a reporter, much and named Hobgood Elementary as a NASA served as an inspiration to the framers of the more than a columnist, and much more than Explorer School. U.S. Constitution. an editor. He is a dedicated husband, beloved Marilyn also supported and participated in a The Lycian League was the first democratic father and cherished community leader. It is public education foundation for Murfreesboro union in history to utilize proportional rep- an honor to consider him a friend, and I say City Schools and created a partnership agree- resentation as a model for political organiza- ment with Middle Tennessee State University tion. that ‘‘on the record.’’ located in Murfreesboro. At least twenty-three city-states were united I ask my colleagues to join me in congratu- Her legacy to City Schools will live on for under the League that presided over federal lating Mr. Stuart Frohm, a journalist, editor, years to come, and the students of institutions. Depending on its size, each of the and friend, and wishing him the best of luck in Murfreesboro are better prepared for the fu- League’s 23 city-states was eligible to send up his retirement. ture because of her hard work and dedication. to three representatives to the parliament

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.026 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2413 (Bouleuterion) located in Patara. Medium- military. Throughout his youth and career in COMMEMORATING SEA OTTER sized towns sent two, whereas smaller towns the military, Gunnery Sergeant Benjamin was AWARENESS WEEK could unite together to send one representa- known for his positive outlook on life, caring tive to the capital on their behalf. The number nature and great sense of humor. He touched HON. SAM FARR of representatives from each city-state deter- countless lives with his kind heart, generosity OF CALIFORNIA mined taxes and other financial obligations. and sense of concern for others. IN THE HOUSE OF REPRESENTATIVES The general assembly was responsible for Wednesday, September 30, 2009 electing federal officers controlling communal Gunnery Sergeant Benjamin was a brave land and determining trade and civil rights, as and honorable United States Marine and an Mr. FARR. Madam Speaker, I rise today to well. exceptional human being. The sacrifice, serv- call attention to the 7th Annual Sea Otter The ‘‘Lyciarch,’’ was the Parliament’s presi- ice and courage he has displayed will be for- Awareness Week, September 28–October 3, dent, which at various times served as the ever honored and remembered by the entire 2009, sponsored by Defenders of Wildlife. League’s religious, military, and political lead- Cleveland community, and by the nation. Gun- This week-long event provides the opportunity er. Many historians believe that women have nery Sergeant Benjamin’s warm smile, gen- to educate the broader public about sea ot- served in Patara as the Lyciarch. erous heart, easy laugh, and joy for life will ters, their natural history, the integral role that One of the thinkers who impacted the de- live on within the hearts and memories of sea otters play in the near-shore marine eco- bate over our own constitution was those who loved and knew him best—his fam- system, and the conservation issues they are Montesquieu. In Book IX of his Spirit of the ily, friends and fellow Marines. He will never facing. Laws, he argues the utility of confederacy, be forgotten. In the early 1700’s, before wide-scale hunt- stating: ‘‘It is unlikely that states that associate ing began, sea otters ranged across the North Madam Speaker, and colleagues, please will be of the same size and have equal Pacific rim from Japan to Baja California. The join me in honor and remembrance of United power. . . . If one had to propose a model of worldwide population estimates for that time States Marine Gunnery Sergeant Adam F. a fine federal republic, I would choose the re- range from the hundreds of thousands to pos- public of Lycia.’’ Benjamin. His life, gone far too soon, was sibly a million or more. Before the hunting Alexander Hamilton and James Madison framed by his great love of family, friends and began, there were approximately 16,000– picked up on this concept, and cited the Ly- country. I extend my deepest condolences to 20,000 along California’s coast. Killing these cian League as a model for our own system his mother and father, Judy Watters and Frank animals for their fur brought down their num- of government. Benjamin; to his step-father, Robert Watters; bers until they were thought to be extinct off Both Alexander Hamilton and James Madi- to his brothers and sisters: Aaron, Amanda, California by the early 1900s. son used the Lycian form of government in the Asa, Abram, Abigail, Amos, Amaryah, Aric, But they were not driven completely to ex- Federalist Papers. The semicircular rows of Anyah, Alexis and Allen; to his grandmothers, tinction. In the 1930’s a small population, of the Lycian parliament building was a model to Yolanda and Mary; and to his extended family less than 100 animals that had escaped the the seating arrangements in the U.S. Con- and many close friends. hunt, was discovered in a remote cove on a gress today. coastal ranch in Big Sur, on the Central Coast In the Federalist Papers No. 16, Alexander f of California. Since that time, groups such as Hamilton wrote, ‘‘I shall content myself with Defenders of Wildlife, Friends of the Sea barely observing here, that of all the CONGRATULATING THE SMOKY Otter, and Ocean Conservancy have raised confederacies of antiquity, which history has MOUNTAIN CHILDREN’S HOME public awareness and helped protect this im- handed down to us, the Lycian and Achaean FOR 2009 ANGELS IN ADOPTION portant species under the Marine Mammal leagues, as far as there remain vestiges of PROGRAM Protection Act and the Endangered Species them, appear to have been most free from the Act. The presence of the California sea otter fetters of that mistaken principle, and were ac- has become an icon of the state’s coastal en- cordingly those which have best deserved, HON. DAVID P. ROE vironment and culture, and these charismatic and have most liberally received, the applaud- animals bring significant tourism revenue to OF TENNESSEE ing suffrages of political writers.’’ Californian coastal communities. This is how an ancient civilization thousands IN THE HOUSE OF REPRESENTATIVES The three year population average, counted of miles away and over two thousand years by the U.S. Geological Survey this year, totals ago made a major impact on our system as a Wednesday, September 30, 2009 only 2,813 animals, a decrease of half a per- cent and the first such decline in over a dec- representative democracy, preventing the pos- Mr. ROE of Tennessee. Madam Speaker, I sibility of tyranny, as feared by Alexander ade. These numbers are significantly less than want to congratulate the Smoky Mountain what is necessary to consider the population Hamilton and James Madison. Children’s Home for their long heritage as res- f decline in recent years is highly concerning. idential care center and an adoption place- Researchers are beginning to identify indirect IN HONOR AND REMEMBRANCE OF ment agency. hazards for sea otters such as non-point GUNNERY SERGEANT ADAM F. I was honored to nominate the Smoky source pollution, pathogens, and entrapment BENJAMIN Mountain Children’s Home for the 2009 An- in fisheries gear that are causing their popu- gels in AdoptionTM program. The Congres- lation growth to reverse. Such realizations HON. DENNIS J. KUCINICH sional Coalition on Adoption Institute, which support the need for continued research and OF OHIO orchestrates the Angels in AdoptionTM pro- preventive measures to respond to these IN THE HOUSE OF REPRESENTATIVES gram, presented an award to The Smoky issues, while continuing to ward against the di- Mountain Children’s Home along with more rect killings/takings that still occur. Wednesday, September 30, 2009 The decline of Southern Sea Otters off of than 190 Angels from across the Nation. Mr. KUCINICH. Madam Speaker, I rise the California Coast not only impacts the spe- today in honor and remembrance of United Madam Speaker, the Smoky Mountain Chil- cies itself, but it affects other marine popu- States Marine Gunnery Sergeant Adam F. dren’s Home’s philosophy comes from a basic lations and the surrounding ecosystem be- Benjamin, who courageously and selflessly faith based belief that every child deserves a cause Sea Otters are what scientists refer to rose to the call of duty, and made the ultimate family. as a keystone species. This means that they sacrifice on behalf of our country. I am thankful for the important work that is are integrally important to the ecosystem in Gunnery Sergeant Benjamin grew up in being done at the Smoky Mountain Children’s which they live. The demise of sea otters al- Garfield Heights and graduated from Garfield Home. They are working each day toward one lows their prey, sea urchins, to proliferate un- Heights High School in 1993. Shortly after checked leading to the alarming overgrazing of the most noble causes imaginable—to im- graduating, he followed his dream to serve our of kelp beds—one of the oceans nursery prove the life of a child by bringing him or her country and enlisted in the United States Ma- grounds for many marine animals. Research together with a loving family. rine Corps. He quickly rose up the ranks and shows that the absence of sea otters has a di- by 2006, at the age of 31, was promoted to I am grateful for programs such as Angels rect link to the sharp decline of kelp along por- the position of Gunnery Sergeant. He was a in AdoptionTM who recognize the good work tions of California’s coast. Further, the Sea loyal, courageous and dedicated Marine, who done by great organizations like the Smoky Otter is also what scientists refer to as a sen- loved every aspect of serving our nation in the Mountain Children’s Home. tinel or an indicator species. In this way, the

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.028 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2414 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 Sea Otters are the canaries in the coal mine Gras, Managing Director, has been with the governments. Here is a copy of the minutes for our coastal health. The Sea Otters are all Company for the past ten years. As a child, of the meeting of senior Nazi officials in- too effective at monitoring toxins and diseases she performed with Hungarian dance troupes, structing the Nazi government exactly how to carry out the extermination of the Jewish in the marine environment, which can affect and her daughter danced for nine years in the people. Is this protocol a lie? Is the German the health of humans and other wildlife. Csardas Youth Ensemble. government, are all German governments California took the first step toward address- Over the years, hundreds of young dancers lying? ing these emerging concerns by signing into have had the enriching opportunity to be part A day before I was in Wannsee, I was given law California Assembly Bill 2485, establishing of the Csardas Dance Company, which con- in Berlin the original construction plans for a state fund for sea otter conservation: again tinues to inspire and delight audiences the Auschwitz-Birkenau concentration this year Californians had the option of donat- throughout Ohio. Since it creation in 1994, the camp. These plans of the Auschwitz- ing a portion of their tax returns to sea otter mission of the Csardas Dance Company has Birkenau concentration camps I now hold in my hand. They contain a signature by conservation. I want to emphasize that this not wavered: To preserve and promote the Heinrich Himmler—Hitler’s deputy himself. means that Californians voluntarily pay a little dance, music and song of the people of Hun- Are these plans of the Auschwitz-Birkenau more on their tax return to help protect these gary. The Company also strives to bolster the concentration camp where one million Jews animals. Even during these trouble economic public’s support of, and appreciation for, the were murdered, are they a lie too? times, more than $220,000 has already been performing ethnic arts. This June, President Obama visited an- raised this year. Madam Speaker and colleagues, please join other concentration camp—one of many—the However, this is a federally protected spe- me in honoring the Csardas Dance Company, Buchenwald concentration camp. Did Presi- cies and California cannot go it alone. In addi- for enlightening, entertaining and engaging au- dent Obama pay tribute to a lie? And what of the Auschwitz survivors whose tion to continuing to work with my colleagues diences with song and dance that reflect a arms still bear the tattooed numbers brand- to secure Federal funds to support a contin- certain vibrancy in movement and music— ed on them by the Nazis? Are those tattoos ued and complete recovery of the population, bringing to life the age-old stories of village life a lie too? I am proud that H.R. 556, The Southern Sea in Hungary. The Csardas Dance Company is One-third of all Jews perished in the great Otter Recovery and Research Act was passed an arts treasure in Cleveland, and its contin- conflagration of the Holocaust. Nearly every by the House of Representatives this past ued existence is vital to the performing ethnic Jewish family was affected, including my July. This tremendous success was buoyed by arts foundation of our entire community—serv- own. My wife’s grandparents, her father’s two sisters and his three brothers, and the the support and devotion of many people. We ing as an audiovisual record of our heritage aunts, and uncles and cousins—all murdered are one step closer to making the act into law and our history and connecting us all through by the Nazis. Is this a lie? and bringing needed resources to this threat- the universal language of dance and song. Yesterday, the man who calls the Holo- ened species. f caust a lie spoke from this podium. To those Madam Speaker, I applaud the many ac- who refused to come and to those who left in complishments of Defenders of Wildlife, who REMARKS OF THE ISRAELI PRIME protest, I commend you. You stood up for carry out the important mission to preserve MINISTER AT THE UNITED NA- moral clarity and you brought honor to your TIONS countries. our nation’s wildlife and habitat. I also applaud But to those who gave this Holocaust-de- the other nonprofit environmental organiza- nier a hearing, I say on behalf of my people, tions, working with the Monterey Bay Aquar- the Jewish people, and decent people every- ium, researchers, fishermen, state and federal HON. SHELLEY BERKLEY where: Have you no shame? Have you no de- agencies, schools, and many other institutions OF NEVADA cency? and individuals, who devote tremendous effort IN THE HOUSE OF REPRESENTATIVES A mere six decades after the Holocaust, you give legitimacy to a man who denies the to protect and recover the southern/California Wednesday, September 30, 2009 sea otter. Sea Otter Awareness Week is just murder of six million Jews while promising to wipe out the State of Israel, the State of one of their many activities geared towards Ms. BERKLEY. Madam Speaker, I seek to call my colleagues’ attention to the powerful the Jews. What a disgrace! What a mockery honoring and saving this species, and I am of the charter of the United Nations! proud to be associated with this vital work. and important speech that Israeli Prime Min- Now, perhaps some of you think that this ister Benjamin Netanyahu delivered to the f man and his odious regime, perhaps they United Nations General Assembly on Sep- threaten only the Jews. Well, if you think IN HONOR AND RECOGNITION OF tember 24, 2009. In it, he calls on all nations that, you’re wrong—dead wrong. History has THE CSARDAS DANCE COMPANY to stand with Israel in confronting the threats shown us time and time again that what posed by Iran and by terrorists around the starts with attacks on the Jews eventually HON. DENNIS J. KUCINICH world. This is a conflict between civilization ends up engulfing many, many others. and barbarity, he says, and the record of the For this Iranian regime is fueled by an ex- OF OHIO treme fundamentalism that burst onto the IN THE HOUSE OF REPRESENTATIVES United Nations hangs in the balance. world scene three decades ago after lying PRIME MINISTER BENJAMIN NETANYAHU’S Wednesday, September 30, 2009 dormant for centuries. In the past thirty SPEECH TO THE GENERAL ASSEMBLY years, this fanaticism has swept across the Mr. KUCINICH. Madam Speaker, I rise Mr. President, ladies and gentlemen, near- globe with a murderous violence that knows today in honor and recognition of the found- ly 62 years ago, the United Nations recog- no bounds and with a cold-blooded impar- ers, members and performers of the Csardas nized the rights of the Jews, an ancient peo- tiality in the choice of its victims. It has cal- Dance Company of Cleveland, Ohio, as they ple 3,500 years old, to a state of their own in lously slaughtered Moslems and Christians, their ancestral homeland. Jews and Hindus, and many others. celebrate fifteen of years of promoting the his- I stand here today as the Prime Minister of Though it is comprised of different off- tory and heritage of Hungary, through the age- Israel, the Jewish state, and I speak to you shoots, the adherents of this unforgiving less and colorful expressions of the songs and on behalf of my country and my people. creed seek to return humanity to medieval dances of Hungary. The United Nations was founded after the times. Wherever they can, they impose a Richard Graber, who grew up in Cleveland carnage of World War II after the horrors of backward regimented society where women, as the son of Hungarian immigrants, founded the Holocaust. It was charged with pre- minorities, gays or anyone else deemed not Csardas Dance Company in 1994. He is now venting the reoccurrence of such horrendous to be a true believer is brutally subjugated. the Director of Programs and Services with events. The struggle against this fanaticism does Nothing has undermined that mission, not pit faith against faith nor civilization the Houston, Texas Arts Alliance, and serves nothing has impeded it more, than the sys- against civilization. It pits civilization on the Board of the Hungarian American Cul- tematic assault on the truth. Yesterday the against barbarism, the 21st century against tural Association of Houston. Christopher L. President of Iran stood at this very podium, the 9th century, those who sanctify life Smith, former Artistic Director, set a precedent spewing his latest anti-Semitic rants. Just a against those who glorify death. of historical authenticity and keen attention to few days earlier, he again claimed that the Now the primitivism of the 9th century detail, which still reflect in the brilliant colors Holocaust is a lie. ought to be no match for the progress of the and fabrics of the dancers’ wardrobes, and Last month, I went to a villa in a suburb 21st century. The allure of freedom, the of Berlin called Wannsee. There, on January also, in the artistic direction of Csardas. Stuart power of technology, the reach of commu- 20, 1942, after a hearty meal, senior Nazi offi- nications should surely win the day. Ulti- Meyer and Judith Horvath have both served cials met and decided to exterminate my mately, the past cannot triumph over the fu- as Csardas Youth Ensemble Rehearsal In- People. They left detailed minutes of that ture. structors, drawing on their backgrounds as meeting and these minutes have been pre- And our future offers all nations magnifi- professional dancers and instructors. Toni served for posterity by successive German cent bounties of hope because the pace of

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A30SE8.030 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2415 progress is growing, and it is growing expo- Well, we didn’t get peace. Instead we got blow to peace. Let me explain why. When nentially. It took us centuries to get from an Iranian backed terror base fifty miles Israel left Gaza, many hoped that the missile the printing press to the telephone, decades from Tel Aviv. Life in the Israeli towns and attacks would stop. Others believed that to get from the telephone to the personal cities immediately next to Gaza became even if they didn’t stop, at the very least computer, and only a few years to get from nothing less than a nightmare. You see the Israel would have made this gesture, an ex- the personal computer to the Internet. Hamas rocket launchers and the rocket at- traordinary gesture for peace, but it would What seemed impossible a few years ago is tacks not only continued after we left, they have international legitimacy to exercise its already outdated, and we can scarcely fath- actually increased dramatically. They in- right of self-defense if peace failed. What le- om the changes that are yet to come. We will creased tenfold. And again, the UN was si- gitimacy? What self-defense? crack the genetic code. We will cure the in- lent—absolutely silent. The same UN that cheered Israel as we left curable. We will lengthen our lives. We will Finally, after eight years of this Gaza, the same UN that promised to back find a cheap alternative to fossil fuel and unremitting assault, Israel was forced to re- our right of self-defense, now accuses us—my yes, we will clean up the planet. spond. But how should we have responded? people, my country—of being war criminals? I am proud that my country Israel is at the Well, there is only one example in history of And for what? For acting responsibly in self- forefront of many of these advances—in thousands of rockets being fired on a coun- defense, for acting in a way that any country science and technology, in medicine and bi- try’s civilian population. This happened would act with a restraint unmatched by ology, in agriculture and water, in energy when the Nazis rocketed British cities dur- many. What a travesty! and the environment. These innovations in ing World War II. During that war, the allies Ladies and gentlemen, Israel justly de- my country and many of your countries offer leveled German cities, causing hundreds of fended itself against terror. This biased and humanity a sunlit future of unimagined thousands of casualties. unjust report provides a clear-cut test for all promise. I’m not passing judgment. I’m stating a governments. Will you stand with Israel or But if the most primitive fanaticism can fact—a fact that is the product of the deci- will you stand with the terrorists? acquire the most deadly weapons, the march sion of great and honorable men—the leaders We must know the answer to that question of history could be reversed for a time. And of Britain and the United States fighting an now. Now—not later. Because if Israel is like the belated victory over the Nazis, the evil force in World War II. again asked to take more risks for peace, we forces of progress and freedom will prevail It is also a fact that Israel chose to re- must know today that you will stand with us only after a horrific toll of blood and fortune spond differently. Faced with an enemy com- tomorrow. Only if we have the confidence has been exacted from mankind. mitting a double war crime of firing on civil- that we can defend ourselves can we take This is why the greatest threat facing the ians while hiding behind civilians—Israel further risks for peace. And make no mistake about it. All of world today is the marriage between reli- sought to conduct surgical strikes directed Israel wants peace. Any time an Arab leader gious fundamentalism and the weapons of against the rocket launchers themselves. genuinely wanted peace with us, we made mass destruction. The most urgent challenge Now mind you that was no easy task because peace. We made peace with Egypt led by facing this body today is to prevent the ty- the terrorists were firing their missiles from Anwar Sadat. We made peace with Jordan rants of Tehran from acquiring nuclear homes and from schools. They were using led by King Hussein. And if the Palestinians weapons. mosques as weapons depots, as missile truly want peace, I and my government, and Are the members of the United Nations up caches, and they were ferreting explosives in my people, will make peace. But we want a to that challenge? Will the international ambulances. genuine peace, a defensible peace, a perma- community confront a despotism that ter- Israel, by contrast, tried to minimize cas- nent peace. rorizes its own people as they bravely stand ualties by urging Palestinian civilians to va- In 1947, this body voted to establish two up for freedom? cate the targeted areas. We dropped count- states for two peoples—a Jewish state and an Will it take action against the dictators less flyers over their homes. We sent thou- Arab state. The Jews accepted this resolu- who stole an election in broad daylight and sands and thousands of text messages to the tion. The Arabs rejected it and invaded the then gunned down Iranian protesters who Palestinian residents. We made thousands embryonic Jewish state with hopes to anni- died on the sidewalks and on the streets and thousands of cellular phone calls urging hilate it. We ask the Palestinians to finally choking in their own blood? Will the inter- them to vacate, to leave. Never has a coun- do what they refused to do for 62 years: Say national community thwart the world’s most try gone to such extraordinary lengths to re- yes to a Jewish state! As simple, as clear, as pernicious sponsor and practitioner of ter- move the enemy’s civilian population from elementary as that. Just as we are asked to rorism? harm’s way. recognize a nation-state for the Palestinian Above all, will the international commu- Yet faced with a clear-cut case of aggressor people, the Palestinians must be asked to nity stop the terrorist regime of Iran from and victim, whom do you think the United recognize the nation-state of the Jewish peo- developing atomic weapons, thereby endan- Nations Human Rights Council decided to ple. gering the peace of the entire world? condemn? Israel. A democracy legitimately The Jewish people are not foreign con- The people of Iran are courageously stand- defending itself against terror is morally querors in the Land of Israel. It is the land ing up to this regime. People of goodwill hanged, drawn and quartered, and given an of our forefathers. Inscribed on the walls around the world stand with them, as do unfair trial to boot. outside this building is the great Biblical vi- thousands of people who have been pro- By these twisted standards, the UN Human sion of peace: ‘‘Nation shall not lift up sword testing and demonstrating outside this hall Rights Council would have dragged Roo- against nation. They shall learn war no all this week. Will the United Nations stand sevelt and Churchill to the dock as war more.’’ These words were spoken by the by their side? criminals. What a perversion of truth! What great Jewish prophet Isaiah 2,800 years ago Well, ladies and gentlemen, the jury is still a perversion of justice! as he walked in my country, in my city—in out on the United Nations, and recent signs Now, Delegates of the United Nations, and the hills of Judea and in the streets of Jeru- are not encouraging. the Governments whom you represent, you salem. We are not strangers to this land. Rather than condemning the terrorists and have a decision to make. Will you accept This is our homeland. their Iranian patrons, some here in the this farce? Because if you do, the United Na- But as deeply connected as we are to our United Nations have condemned their vic- tions would revert to its darkest days, when homeland, we also recognize that the Pal- tims. This is exactly what a recent UN re- the worst violators of human rights sat in estinians also live there and they want a port on Gaza did, falsely equating terrorists judgment against the law-abiding democ- home of their own. We want to live side by with those they targeted. racies, when Zionism was equated with rac- side with them, two free peoples living in For eight long years, Hamas fired rockets, ism and when an automatic majority could peace, living in prosperity, living in dignity. from Gaza on nearby Israeli cities and citi- be mustered to declare that the earth is flat. Peace, prosperity and dignity require one zens—thousands of missiles, mortars—hur- If you had to choose a date when the other element. We must have security. The tling down from the sky on schools, homes, United Nations began its descent, almost a Palestinians should have all the powers to shopping centers, bus stops. Year after year, free fall, and lost the respect of many govern themselves except a handful of pow- as these missiles were deliberately fired on thoughtful people in the international com- ers that could endanger Israel. our civilians, not a single UN resolution— munity, it was that decision in 1975 to This is why the Palestinian state must be not one!—was passed condemning those equate Zionism with racism. Now this body effectively demilitarized. I say effectively, criminal attacks. We heard nothing—abso- has a choice to make. If it does not reject because we don’t want another Gaza, or an- lutely nothing—from the UN Human Rights this biased report, it would vitiate itself: It other South Lebanon, another Iranian Council, a misnamed institution if there ever would begin or re-begin the process of vitiat- backed terror base abutting Jerusalem and was one. ing itself from its own relevance and impor- perched on the hills a few kilometers from In 2005, hoping to advance peace, Israel tance. Tel Aviv. We want peace. unilaterally withdrew from every inch of But it would do something else; it would I believe that with good will and with hard Gaza. It was very painful. We dismantled 21 send a message to terrorists everywhere, work, such a peace can be achieved. But it settlements—really bedroom communities saying: Terrorism pays; all you have to do is requires from all of us to roll back the forces and farms. We uprooted over 8,000 Israelis. launch your attacks from densely populated of terror, led by Iran, that seek to destroy We just yanked them out from their homes. areas, and you will win immunity. peace, that seek to eliminate Israel and to We did this because many in Israel believed And then a third thing: in condemning overthrow the world order. The question fac- that this would get peace. Israel, this body would also deal a mortal ing the international community is whether

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A30SE8.032 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2416 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 it is prepared to confront those forces or to scholarly work and guidance will forever reflect School Class of 1969 as they commemorate accommodate them. within the hearts and memories of those who their 40 Year Reunion Celebration. The 1969 Over 70 years ago, Winston Churchill la- loved and knew her best—especially her fam- alumni of the John Adam’s Rebels will ob- mented what he called the ‘‘confirmed unteachability of mankind.’’ By that he ily, friends, and former students. I extend my serve this momentous occasion on Saturday, meant the unfortunate habit of civilized so- heartfelt condolences to Professor Wolpaw’s August 8th, 2009. cieties to sleep and to slumber until danger sons—Jonathan, James and Daniel; her John Adams High School opened in 1923 at nearly overtakes them. grandchildren and great-grandchildren; her sis- East 116th Street and Corlett Avenue. The Churchill bemoaned what he called the ters, and her extended family members and school was home to generations of Cleveland ‘‘want of foresight, the unwillingness to act many friends. Frances Wolpaw’s loving devo- teenagers for decades, until it was closed in when action will be simple and effective, the tion to her family and to her community—es- 1995, along with West Technical, and Aviation lack of clear thinking, the confusion of coun- pecially in the way of inspiring and guiding High Schools, to help cut the cities budget. sel until the emergency comes, until self- preservation strikes its jarring gong.’’ students of all ages—has made our commu- John Adams High School was representative Ladies and gentlemen, I speak here today nity a better place, and she will be remem- of the strong public education system, working in the hope that Churchill’s assessment of bered always. class family environment and racial and cul- the ‘‘unteachability of mankind’’ is for once f tural diversity that characterizes the city of proven wrong. I speak here today in the hope Cleveland. After eleven years, John Adams that we can learn from history—that we can HONORING THE LIFE AND SERVICE High School was rebuilt and reopened in prevent danger in time. OF JESSE DONALD PHELPS 2006. In the spirit of the timeless words spoken The class of 1969 was a cohesive and tal- to Joshua over 3,000 years ago, let us be HON. WALT MINNICK strong and of good courage. Let us confront ented group who has since moved throughout OF IDAHO this peril, secure our future and, God willing, the country, spanning from California to New forge an enduring peace for generations to IN THE HOUSE OF REPRESENTATIVES York. But they maintained a strong base in the come. Wednesday, September 30, 2009 Cleveland area. This group of alumni is clearly [Translation from the Hebrew] ‘‘The Lord Mr. MINNICK. Madam Speaker, I would like dedicated to each other, and they have gath- will give strength to His people, the Lord ered for several reunions throughout the dec- will bless His people with peace.’’ to recognize and honor the legacy of Jesse Donald Phelps, Chief Warrant Officer 2nd ades since their graduation. This reunion will f Class, U.S. Army, an Idaho native who gave surely be another success as they come to- IN HONOR AND REMEMBRANCE OF his life during the war in Vietnam. Nearly forty- gether again to celebrate each other and the FRANCES WOLPAW four years after his helicopter crashed in the significant and momentous occasions that jungle near An Khe, his remains have been have taken place throughout their lives. HON. DENNIS J. KUCINICH returned to his family. Madam Speaker and colleagues, please join Officer Phelps was born in Boise on Octo- me in recognition of the John Adams High OF OHIO ber 1, 1937 and spent his childhood in School Class of 1969 as they gather for their IN THE HOUSE OF REPRESENTATIVES Nampa. He stayed in Idaho as an adult and 40 Year Reunion Celebration. Their dedication Wednesday, September 30, 2009 married Dee Phelps in 1955, the year that he to their past educational achievements and graduated from high school. In time, he and city of Cleveland is sure to provide for a joy- Mr. KUCINICH. Madam Speaker, I rise ous and memorable occasion. today in honor and remembrance of Frances Dee had four children, and he enlisted in the f Wolpaw, devoted wife, mother and accom- National Guard before becoming an army plished professor, whose passion, integrity pilot. BASIS CHARTER SCHOOL and wisdom served to inspire, guide and moti- On December 28, 1965, Officer Phelps was vate countless young lives, including my own. part of a four-person U.S. Army Huey heli- copter crew charged with delivering munitions HON. GABRIELLE GIFFORDS Professor Wolpaw was a former assistant OF ARIZONA dean and communications professor at Case and supplies to a group of soldiers through the IN THE HOUSE OF REPRESENTATIVES Western Reserve University in Cleveland, An Khe Pass, in Binh Dinh Province, South Ohio. Her scholarly research in speech and Vietnam. The routine mission was only meant Wednesday, September 30, 2009 rhetoric led her to become a renown expert on to take 30 minutes, and 8–10 minutes after Ms. GIFFORDS. Madam Speaker, I rise the life and words of Abba Hillel Silver, a rabbi takeoff, the crew radioed their target company today to recognize the nationally acclaimed from northeast Ohio and advocate for issues to say that the weather ‘‘doesn’t look bad.’’ It BASIS Charter Schools, which provide out- affecting Israel on the national and inter- was the last communication from the plane, standing educational services in Tucson, Ari- national political stage. which disappeared into the trees shortly there- zona. She began her career in education in 1961 after. Search efforts were fruitless, and Officer American students often lag behind their as a lecturer at Case Western Reserve Uni- Phelps and his crew were later pronounced counterparts in other countries and we know versity. In 1969, Professor Wolpaw was ‘‘Died While Missing/Body Not Recovered.’’ that action must be taken to reverse this trend. named assistant dean of Case Western’s Ten years after her wedding, Dee Phelps re- BASIS Charter Schools give us a national former women’s college—the Flora Stone ceived a telegram informing her that her hus- model that demonstrates how we can effec- Mather College. Undaunted by the lack of op- band was gone. tively address this serious decline in edu- Thanks to more recent search efforts and portunity for women in academia, Professor cational performance. Wolpaw forged ahead, and her work earned DNA testing, Officer Phelps’s wife, children, Ten years ago, Michael and Olga Block em- her a high level of respect and admiration and grandchildren can be certain that the barked on their mission to create a ‘‘New from students and faculty. Throughout her ca- head of his family has returned home once American’’ school. They established the reer, she had the loving support and encour- more. I and the people of Idaho value his sac- BASIS Charter Schools. The BASIS philos- agement from her husband, the late Ralph rifice and honor Officer Phelps’s commitment ophy understands that math and science are Wolpaw, who was a physician at Mt. Sinai to serving his country. We owe the strength of essentially the languages of the 21st century. Hospital of Cleveland. our nation to the steady courage of veterans These forward-thinking founders say that Her accomplishments as professor and like Officer Phelps. great teachers are responsible for the schools’ leader at Case Western Reserve University f successes. At BASIS, the teachers hold them- opened doors for countless women who would IN RECOGNITION OF THE JOHN selves and their students to high standards follow in her path. As a professor, Frances ADAMS HIGH SCHOOL CLASS OF and levels of accountability. Students engage Wolpaw’s reputation reflected toughness, yet 1969 in a demanding course of study that gives her high expectations for her students was them the skills needed to compete in the new also accented by kindness, fairness and her HON. DENNIS J. KUCINICH global economy. genuine concern for the welfare of her stu- BASIS has received many well deserved OF OHIO dents. She taught by example, living each day awards. The high school has been selected in IN THE HOUSE OF REPRESENTATIVES with a sense of wonder, joy and integrity. each of the last four years by Newsweek mag- Madam Speaker and colleagues, please join Wednesday, September 30, 2009 azine as one of the top 10 high schools in the me in honor and remembrance of Frances Mr. KUCINICH. Madam Speaker, I rise United States. During the 2008–2009 aca- Wolpaw, whose joy for life, kind heart and today in recognition of the John Adams High demic year, BASIS students received perfect

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.033 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2417 marks on the Arizona Instrument to Measure Medal with Bronze Service Star, Southwest Throughout his life, Ben Moore has an- Standards (AIMS) exam. In 2009, BASIS was Asia Service Medal with Bronze Service Star, swered the call to serve his family, his com- the only high school in Arizona with 100 per- Global War on Terrorism Service Medal, Army munity, and his country. I’m proud to honor cent of its students passing the AIMS exam in Service Ribbon, Sea Service Deployment Rib- him today in the United States House of Rep- every subject tested. bon, Overseas Service Ribbon and the Kuwait resentatives. Documentary filmmaker Robert A. Compton Liberation Medal. Sergeant Walter’s pending f has produced a film about BASIS Schools en- posthumous awards and decorations include titled 2 Million Minutes: The 21st Century So- the Army Good Conduct Medal and Army RECOGNIZING THE DESIGNATION lution. The title chronicles a student’s journey Commendation Medal. OF SEPTEMBER AS in school from eighth grade until high school Madam Speaker, and colleagues, please CRANIOFACIAL ACCEPTANCE graduation. The filmmaker lauds BASIS join me in honoring and remembrance of Ser- MONTH schools saying that they ‘‘demonstrate that geant Richard Allyn Walters Jr., whose heroic American students are capable of competing actions, kindness and love for those closest to HON. ERIC CANTOR academically with the best in the world.’’ The him will always be remembered. Sergeant OF VIRGINIA film will premiere in Tucson on October 1, Walters was a courageous United States sol- IN THE HOUSE OF REPRESENTATIVES 2009. dier, and a devoted husband, father, son, Wednesday, September 30, 2009 I am proud to acknowledge the great brother, uncle, cousin and friend. I extend my Mr. CANTOR. Madam Speaker, I rise today achievements of BASIS Charter Schools. The deepest condolences to his wife, Stephanie; to to recognize the designation of the month of founders, the teachers, the students and their his daughters, Rachel and Piper; to his moth- September as Craniofacial Acceptance Month. parents are leading the way for the critical im- er, Margaret; to his brother Greg; to his sister- September has been designated as provements we must bring about in our public in-law Stacy and nephew Benjamin; and to his Craniofacial Acceptance Month to raise aware- education system. extended family and many friends. Sergeant ness and acceptance of the courageous chil- f Walters will live on within their hearts and dren and adults who live daily with craniofacial memories for all time. PERSONAL EXPLANATION deformities. These brave patients and their f families often face significant medical chal- HON. J. GRESHAM BARRETT IN HONOR OF MR. BEN MOORE’S lenges over the course of their lives. While the LIFETIME OF SERVICE commonly known cleft palate or cleft lip condi- OF SOUTH CAROLINA tion may call for a simple surgical fix, there IN THE HOUSE OF REPRESENTATIVES are many other unique and complex anoma- Wednesday, September 30, 2009 HON. TOM PRICE lies which can require extensive surgeries OF GEORGIA Mr. BARRETT of South Carolina. Madam throughout a child’s developmental years. IN THE HOUSE OF REPRESENTATIVES In the 7th District of Virginia, a young con- Speaker, unfortunately, I missed recorded Wednesday, September 30, 2009 stituent of mine named Chase has a mod- votes on the House floor on Thursday, Sep- erately severe craniofacial deformity. At the tember 24, 2009. Mr. PRICE of Georgia. Madam Speaker, I age of 9, he has already had 28 surgeries and Had I been present, I would have voted rise today in recognition of Mr. Ben Moore, hospitalizations to improve his ability to ‘‘no’’ on rollcall vote No. 735 (on agreeing to who this weekend will receive a Lifetime Serv- breathe, walk, see, hear, and talk. He will H. Res. 766, which provides for consideration ice and Achievement Award from the Johnson need more surgeries as he grows. Despite his of motions to suspend the rules), ‘‘aye’’ on Ferry Baptist Church in my district. many challenges, Chase and his family cele- rollcall vote No. 736 (on motion to suspend Mr. Moore was born in Texarkana, Arkansas brate his growth and milestones with joy. His the rules and agree to H. Con. Res. 163), on October 24, 1913. In 1920, his family fled unique medical needs do not stop him from ‘‘aye’’ on rollcall vote No. 737 (on motion to the Dust Bowl and made their way to Atlanta, riding the bus to school and making friends. suspend the rules and agree to H.R. 3631). Georgia. At the age of 14, a young Ben Moore His big smile and enthusiasm for life have en- f took a job as an office boy at the First Na- tional Bank of Atlanta, beginning what would abled Chase and his family to approach each IN HONOR AND REMEMBRANCE OF become a long and distinguished career at day with a positive outlook. This month also marks the 20th anniversary SERGEANT RICHARD ALLYN First National. WALTERS, JR. Mr. Moore served his country with valor dur- of the Children’s Craniofacial Association, an ing World War II, joining the Army Air Corps incredible charitable organization that offers a HON. DENNIS J. KUCINICH on Oct. 1, 1942 and seeing service in Italy. He network of resources and assistance to fami- returned to Atlanta after the war and was ad- lies with children who have deformities. The OF OHIO association’s mission is to ‘‘widen the circle of IN THE HOUSE OF REPRESENTATIVES mitted to the State Bar of Georgia in 1949. He has been a member of the bar for 60 years acceptance,’’ through promoting the message Wednesday, September 30, 2009 and continues to practice law to this very day. that ‘‘beyond the face, there is a heart.’’ I Mr. KUCINICH. Madam Speaker, I rise In 1953 Mr. Moore was named as one of would like to commend the CCA for con- today to honor and in remembrance of United ‘‘Atlanta’s 100 Leaders of Tomorrow’’ by Time necting Chase, his family and other families States Army Sergeant Richard Allyn Walters, Magazine. He served on the Atlanta Board of across America with resources to improve the Jr. of Cleveland, Ohio. Sergeant Walters was Aldermen, the precursor to today’s City Coun- lives of these patients. I encourage all of my a devoted husband, father, son, brother, cil, during Mayor Ivan Allen’s first term. During colleagues to join me in raising awareness of uncle, cousin and friend who made the ulti- this period, the City of Atlanta saw numerous the needs of these extraordinary individuals. mate sacrifice on behalf of the country. changes including the arrival of the Atlanta f A graduate of Columbian High School in Tif- Braves, the opening of construction on Inter- EARL DANIELS fin, Ohio, Sergeant Walters followed in his fa- state 285, and the beginning of the trans- ther’s footsteps and enlisted in the U.S. Navy. formation of Zoo Atlanta and Hartsfield-Jack- HON. JOHN SHIMKUS He was a ten-year Navy veteran and served son International Airport into the institutions OF ILLINOIS in Operation Desert Storm. In 2006 Walters we recognize today. IN THE HOUSE OF REPRESENTATIVES re-enlisted in the Army and became a licensed Mr. Moore became a Baptist in 1957 when practical nurse (LPN) in March of 2009. He he and his two daughters were Baptized by Wednesday, September 30, 2009 worked at Walter Reed Army Medical Center Dr. Monroe Swilley, then pastor of Second Mr. SHIMKUS. Madam Speaker, I rise today in Washington, DC before being assigned to Ponce de Leon Baptist Church. He is a grad- to honor World War II veteran Earl Daniels of the 14th Combat Support Hospital in Fort uate of Tech High, the Woodrow Wilson Col- Strasburg, Illinois, as Strasburg American Le- Benning, Georgia. lege of Law, and the American Institute of gion Post #289 holds a dinner in his honor this Sergeant Walters’ military service is a re- Banking. Saturday, October 3, 2009. flection of excellence, loyalty and achieve- Mr. Moore will celebrate his 96th birthday Mr. Daniels was drafted into the United ment. He was awarded the Navy Fleet Marine next month. When he isn’t practicing law, he States Army at the age of 18. After he had Force Ribbon, Armed Forces Expeditionary enjoys the company of his two daughters, completed training he joined the 28th Infantry Medal, Navy Good Conduct Medal, Combat three grandsons, and one great grandson in Division. His unit served admirably in France, Action Ribbon, National Defense Service the Atlanta area. Belgium, Czechoslovakia and Germany.

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A30SE8.035 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2418 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 In November 1944 he was taken prisoner organization that works to empower low-in- was such a strong abolitionist that the and held in Cologne, Germany. He was later come Americans, does not receive $1 of Fed- church’s original constitution prohibited any sent to Stallag 3G, near Berlin. After his re- eral funding in H.R. 3221. ACORN is currently member from owning slaves or promoting lease he returned home to the United States under investigation for possible wrong-doing— slavery. As the abolition movement grew, the and was eventually discharged. these inquiries should proceed and final judg- church became an important part of the Un- I am pleased to honor Mr. Daniels and all of ments should be made. No organization found derground Railroad. our brave veterans for their service to our guilty of criminal conduct should continue to As Bethel Baptist Church celebrates its great nation. May God continue to bless him receive taxpayer support. However, it is inap- proud history, it can look to a bright future. and may God bless America. propriate and likely unconstitutional for the While the congregation has grown and f House of Representatives to pre-judge the changed over the past two centuries, it has outcome of a formal investigation by prohib- never forgotten its mission in the community STUDENT AID AND FISCAL iting Federal funding. I strongly urge my col- and continues to work for a better tomorrow. RESPONSIBILITY ACT leagues to join me in opposing this political I would like to congratulate Reverend Mi- ploy and in supporting passage of H.R. 3221. chael D. Evans and the entire Bethel Baptist Church family on their 200th anniversary. I HON. BETTY McCOLLUM f OF MINNESOTA wish them the best as they continue to build IN THE HOUSE OF REPRESENTATIVES CELEBRATING THE 25TH ANNIVER- on their rich history. SARY OF DALLAS’ POLITICAL f Wednesday, September 30, 2009 CONGRESS OF AFRICAN-AMER- A TRIBUTE TO THE HONORABLE Ms. MCCOLLUM. Madam Speaker, I rise in ICAN WOMEN strong support of the Student Aid and Fiscal ROSEMARY STASEK Responsibility Act (H.R. 3221), which will end HON. EDDIE BERNICE JOHNSON the giveaway of $87 billion in corporate wel- HON. ANNA G. ESHOO OF TEXAS fare to financial institutions for processing pa- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES perwork. Those funds instead will be rein- IN THE HOUSE OF REPRESENTATIVES vested to expand the Pell Grant program, in- Wednesday, September 30, 2009 Wednesday, September 30, 2009 crease assistance to community colleges, and Ms. EDDIE BERNICE JOHNSON of Texas. Ms. ESHOO. Madam Speaker, I rise today support early learning to ensure more low-in- Madam Speaker, it is with great pleasure that to honor the extraordinary life and work of my come children are prepared to start kinder- I rise today to recognize the achievements friend and fellow public servant Rosemary garten. A savings of $10 billion will also be and celebrate the anniversary of Dallas’ Polit- Stasek who passed away at the age of 46 on used for deficit reduction. ical Congress of African-American Women. September 24, 2009, in Afghanistan. Rose- H.R. 3221 terminates the Family Federal This organization has been an integral part of mary is survived by her beloved husband, Education Loan (FFEL) program. Instead, all the Dallas community for 25 years, and I am Morne´ Du Preez of South Africa, her parents new federal student lending will originate proud of the work its members have done in Patricia and Andrew Stasek of McAdoo, Penn- through the existing Federal Direct Loan Pro- the group’s quarter-century of existence. In sylvania and many other loved ones. gram. This change will result in a more reli- addition to keeping the community informed Rosemary was born in 1963 and raised in able system for students and their families by about candidates running for elected office, northeast Pennsylvania. She graduated from avoiding risks in the private lending market, the Congress registers voters and hosts fo- Cornell University with a Bachelor’s Degree in which were exposed in the recent financial cri- rums for candidates so that they are acces- Economics, the first person in her family to sis. Taxpayers will benefit from a more effi- sible to citizens. graduate from college. She was a Dean’s List cient student loan system because eliminating The Political Congress of African-American student and manager of the football and wres- the unnecessary middleman will produce $87 Women and organizations like it are incredibly tling teams. billion in savings for taxpayers over the next important for the well-being of our commu- Rosemary served two terms on the City 10 years. nities. These groups offer opportunities for Council in Mountain View, California, located The Student Aid and Fiscal Responsibility civic and political leadership to people who in the 14th Congressional District. She was Act also makes strategic investments to allow traditionally would not have been able to serve elected to her first term in 1996, re-elected in more students to attend college and graduate in such capacities. By engaging their commu- 2000, served as Vice Mayor in 1999 and as with less debt. The Pell Grant Scholarship pro- nities, these organizations reflect our demo- Mayor for the year 2000. She represented the gram is increased by $40 billion. As a result, cratic values and encourage everyone to be City in many regional, statewide and national more than $75.5 million in additional funding engaged in the political process. forums, specializing in issues pertaining to will be provided to students in Minnesota’s I commend Dallas’ Political Congress of Af- housing and homeland security. She was Fourth Congressional District over the next rican-American Women for their civic leader- committed to many City initiatives and fought decade. Additionally, this legislation strength- ship and encourage my colleagues to join me to protect the environment, youth programs ens and expands the Perkins Loan Program, in recognizing this organization’s 25th anniver- and services, diversity, parks and trails and and it helps families by simplifying the com- sary. Truly, the Dallas community has bene- the public open space. She served on the City plicated and time-consuming Free Application fited greatly from the Congress’ efforts, and I Council at a time when they took critical steps for Federal Student Aid (FAFSA)—the bill en- commend all of its members on their hard to meet the need for affordable housing in the ables families to apply for federal student aid work. community, downtown revitalization, increased using their tax form. f transportation options, and new business de- America’s community colleges are another velopments. Current Mayor Margaret Abe- priority investment in H.R. 3221. At a time BETHEL BAPTIST CHURCH 200TH Koga notes, ‘‘Our City was blessed to have when millions of Americans are seeking new ANNIVERSARY known such a dedicated and talented person. employment opportunities, this bill makes sig- Our community has benefitted from her tire- nificant new funding available to retrain work- HON. JOHN SHIMKUS less efforts and leadership on behalf of every- ers, prepare students for 21st century jobs OF ILLINOIS one, but especially those who are most in and introduce students to post-secondary edu- IN THE HOUSE OF REPRESENTATIVES need. This is a loss that is felt throughout cation. These investments will improve the Mountain View and countless parts of the Wednesday, September 30, 2009 quality of education for over 100,000 students world she has touched . . .’’ that are enrolled in Minnesota community col- Mr. SHIMKUS. Madam Speaker, I rise today In addition to serving on the Mountain View leges. to commemorate the 200th anniversary of the City Council, Rosemary had a broad history of This legislation is a historic opportunity to in- Bethel Baptist Church in Caseyville, Illinois. political involvement, especially women’s vest in education while, at the same time, re- Bethel Baptist Church was founded in 1809 issues. She served on the Board of Planned ducing the federal deficit. Unfortunately, the and immediately became a leading institution Parenthood Advocates Mar Monte and the Republican minority is trying to distract atten- on the Illinois frontier. Bethel has been an ac- Santa Clara County Commission on the Status tion from the bill by offering a motion to re- tive force for positive change since its incep- of Women. Her honors included being named commit that prohibits Federal funding to the tion, advocating abolition nearly 60 years be- a Distinguished Woman of the 14th Congres- Association of Community Organizations for fore the ratification of the 13th Amendment. sional District, the Religious Coalition for Re- Reform Now (ACORN). ACORN, a nonprofit The first pastor at Bethel, James Lemen, Sr., productive Rights Freedom of Religion Award,

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K30SE8.022 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2419 and the Alameda National Women’s Political HONORING RONALD BOEHM ON HIS which alternative is best for the future of Caucus Pro-Choice Champion Award. She INSTALLATION AS COMMANDER NASA. Regardless of the decisions made, if was also a nominee for the Silicon Valley OF THE FOURTH DISTRICT OF adequate funding is not provided, we will continue to see erosion in the U.S. space pro- Women of Achievement Award and was a ILLINOIS AMERICAN LEGION gram, and it won’t be long before we relin- candidate for the California State Assembly in quish our position as the world’s number one March 2002. HON. DANIEL LIPINSKI space-faring country to a more ambitious In 1999 she was selected by the Secretary OF ILLINOIS and forward-looking nation. The alternatives present unparalleled op- of Defense to participate in the Joint Civilian IN THE HOUSE OF REPRESENTATIVES Orientation Conference, which took her to mili- portunities for the United States to continue Wednesday, September 30, 2009 to expand its leadership role in the inter- tary installations across the country and national space community. The Inter- aboard an aircraft carrier in the Pacific Ocean. Mr. LIPINSKI. Madam Speaker, I rise today national Space Station is an excellent exam- She broadened her knowledge of military af- to honor Commander Ronald Boehm on the ple of how much can be accomplished when fairs, especially issues involving women serv- occasion of his installation as Commander of multinational resources are engaged toward ing in the Armed Forces. She served as a the Fourth District of Illinois American Legion. a common goal. We, as a nation, can choose member of the U.S. Air Force Space Com- Ronald Boehm served as Commander of to continue our investment in scientific dis- manders Group. American Legion McKinley Post 231 eight covery and international relations or we can times and his exemplary service is a model of choose to lose our leadership position to Rosemary also worked for over a decade in Russia, China, India or Japan. Insufficient the computer industry as a web developer and leadership and devotion. In the summer of funding for the world’s premier space pro- system administrator for prominent high tech 2007, Commander Boehm conceptualized and gram will undoubtedly erode our leadership firms in Silicon Valley. As always, she was aided in the construction of a beautiful and role with significant consequences for our se- dedicated to making a difference for the next moving monument to all war veterans, espe- curity and our competitive position in the generation and spent six years as an instruc- cially those from Post 231 who gave the ulti- world. With our loss of leadership in other tor at De Anza Community College teaching mate sacrifice for our nation. This monument high-tech industries, do we want to give up Introduction to Microcomputer Networks. She sits outside the McKinley Post and is visible to this one as well? Do we want to have to buy all who pass by on 35th Street. our rides to space from a foreign govern- was also a certified substitute high school ment? This should be unacceptable to us as teacher for social sciences, English and spe- In 2001, as Commander, Ronald Boehm led a nation. cial education classes, and taught in the Palo a fundraising effort for the widows and or- What will it take to keep America first in Alto Unified School District. phans of policemen and firefighters. The fund- flight? The Augustine report states, ‘‘Mean- Rosemary’s interest in international issues raiser was a great success and amassed over ingful human exploration is possible under a took her to Nepal, Ecuador, France, Britain, $10,000 for the cause. less constrained budget, ramping to approxi- mately $3 billion per year above the FY 2010 Holland, Germany, Italy, The United Arab Even outside of his work with the American Legion, Ronald Boehm has dedicated his life guidance in total resources.’’ Compared to Emirates, The Czech and Slovak Republics, recent government expenditures, this is not Canada, Mexico, Thailand, Azerbaijan, South to the service of others, and recently retired that much to invest, especially considering Africa, Venezuela, Tanzania and Vietnam. In after 40 years as a Chicago firefighter. His the return to the American taxpayers on this 1998 she traveled to Cuba as a member of a outstanding civic service was recognized this investment. According to a recent congres- special women’s delegation. year by the McKinley Park Civic Association, sional oversight report, we have spent $74 Rosemary lived in Kabul, Afghanistan work- which named Ronald Boehm ‘‘Man of the billion to help the nation’s auto industry, an Year.’’ industry that has relied on the technology ing on reconstruction and development developed in space to enhance its product. projects. She first traveled to Afghanistan in Today, I ask my colleagues to join me in recognizing the years of exceptional service Investing the same amount in NASA would May of 2002 as a member of a delegation of ensure America’s pre-eminent position in young Afghan-Americans working on recon- and dedication of Commander Ronald Boehm. human space flight for the next 25 years. struction. She returned home after 2 weeks, We acknowledge his service to our nation and Why do this? Why fund NASA to the tune but decided to return in June 2003 to work on to his community, and we congratulate his of an additional $3 billion or more per year? a project to improve conditions for women in well-deserved installation as Fourth District Go beyond the obvious and consider the rip- Commander. ple effect. Arguably, perhaps, the space in- the Kabul prison, and in March 2004 she dustry is the only industry in the world that f worked in maternity hospitals. In June 2004 consistently creates new technology. Our she taught preservation, and in 2005 she RIPPLE EFFECT MAKES FUND FOR cars and trucks are lighter, stronger and spent most of the year living and working NASA A WISE DECISION safer due to NASA technology. Computers, there as the logistics manager for the Kabul cell phones, GPS and many life-saving med- Beauty School. She returned again in Feb- ical advancements all have roots in the space ruary 2006 and had since resided in Kabul full HON. PETE OLSON industry. time working on women’s projects. Rosemary OF TEXAS The human factor is equally important. IN THE HOUSE OF REPRESENTATIVES Generations of our young people have been was also the Founder and Executive Director inspired by NASA. The promise of working of A Little Help, a nonprofit that she began in Wednesday, September 30, 2009 in America’s space program has, for the past 2002 which provides humanitarian aid in Af- Mr. OLSON. Madam Speaker, I would like 50 years, influenced students to go into ghanistan with a focus on women. science, technology, engineering and math to submit the following column which ap- careers. For example, 35 percent of the Orion Ever the fighter, she remained in Kabul to peared in the Houston Chronicle on Sep- continue her work even after she was diag- Crew Exploration Vehicle program is com- tember 17, 2009 from the Bay Area Houston posed of young professionals. nosed with Multiple Sclerosis. It was there that Partnership. Consider this. We will have a seven-year she met Morne´ du Preez, a South African who [From the Houston Chronicle, Sept. 17, 2009] gap where no Americans are launched into works as a private contractor protecting dip- space on American rockets. At no time in RIPPLE EFFECT MAKES FUND FOR NASA A lomats. They fell in love and were married two our history of space flight have we experi- WISE DECISION years ago. She was an extraordinary leader, enced a gap of this magnitude. Think for a (By Bob Mitchell) teacher, advocate and mentor with a heart of moment of the loss of inspiration to millions gold who inspired passion in those around her The highly anticipated report from the Au- of our young people that can never be recov- gustine Committee has been released. The to think and see beyond themselves and make ered. Think of the lost opportunities to the panel is to be commended on writing such a U.S. in terms of high-technology innovations a difference in the world. thorough review of U.S. human space flight and breakthroughs that will not occur when Madam Speaker, I ask the entire House of options in a short period of time. The report students choose non-technical careers. Do we Representatives to join me in honoring Rose- identified various alternatives for NASA’s break our promises to our nation’s children mary Stasek. Through her countless contribu- human space flight program. While each of- and young professionals by opting to take tions to her family, friends, colleagues, local fers a varying degree of human space flight the easy route and not provide much-needed community and the international community, options, they all rely on humans as an inte- funding to NASA’s human space flight pro- she has left a lasting legacy of compassion, gral part of space exploration. Why is this gram? This, too, should be unacceptable to significant for the Johnson Space Center and us as a nation. empowerment and excellence. She rep- its many contractors? We are home to The U.S. is unquestionably the world’s resented the best of America, strengthened human space flight. leader in space exploration, something that our country and made the world a better Within the next few months, decisions will can no longer be said about many industries place. be made by the White House and Congress on we led at one time. The question remains,

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\K30SE8.024 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2420 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 are we willing to give this up for the lack of a place of identity and congregation for the Af- EARMARK DECLARATION a very reasonable investment? rican American community of western Putnam Congress and the president are faced with County. I congratulate the congregation on its HON. CHARLES W. DENT tough choices. Fully supporting human space centennial anniversary. flight, on the other hand, should be an easy OF PENNSYLVANIA choice. By making the choice to provide the IN THE HOUSE OF REPRESENTATIVES f additional funding necessary for a robust Thursday, October 1, 2009 U.S. space exploration program, government and private industry jobs will be retained PERSONAL EXPLANATION Mr. DENT. Madam Speaker, pursuant to the and created, international relationships will House Republican Leadership standards on be secured and strengthened with America HON. JOHN CONYERS, JR. earmarks, I am submitting the following infor- leading the way, and our youth will continue mation regarding a project that is listed in the to dream of exploring the universe, taking OF MICHIGAN Conference Report of H.R. 3183, Energy and those steps necessary to do so. Not only is IN THE HOUSE OF REPRESENTATIVES Water Development and Related Agencies Ap- this the most reasonable course of action, propriations Act, FY2010: it’s the right thing to do—for America and Wednesday, September 30, 2009 for the world. Bill Number: Conference Report—H.R. Mr. CONYERS. Madam Speaker, on Sep- 3183, Energy and Water Development and f tember 29, due to personal reasons, I was un- Related Agencies Appropriations Act, FY2010, HONORING THE 100TH ANNIVER- able to cast the three votes that were called Account: Department of Energy, EERE, Title: SARY OF THE WEST END SILVER on that day. Had I been present I would have Advance Power Cube for Wind Power and POINT CHURCH voted ‘‘yes’’ on rollcall votes 740 (H.R. 905); Grid Regulation Services, Legal Name of Re- 741 (H. Res. 16) and 742 (H.R. 2997). questing Entity: East Penn Manufacturing, Ad- dress of Requesting Entity: Deka Road, Lyon HON. BART GORDON f Station, PA 19536, Description of Request: OF TENNESSEE This funding will support design, testing, fab- IN THE HOUSE OF REPRESENTATIVES 102ND ANNIVERSARY OF THE rication and implementation of new advanced CROATIAN SONS LODGE 170 battery energy storage technology that will be Wednesday, September 30, 2009 used to balance the fluctuating generation of Mr. GORDON of Tennessee. Madam electricity in wind systems and improve the ef- Speaker, I rise today to honor the 100th anni- HON. PETER J. VISCLOSKY ficiency of the current electricity grid. This versary of the founding of the West End OF INDIANA technology will produce a more affordable, Church of Christ congregation in Silver Point, IN THE HOUSE OF REPRESENTATIVES cleaner, recyclable and more efficient energy storage option than what is currently available Tennessee. Thursday, October 1, 2009 In 1909, Pastor George Phillip ‘‘G.P.’’ Bow- for wind power farms and grid regulation serv- ser relocated the Laurel Hill congregation to Mr. VISCLOSKY. Madam Speaker, it is my ices. Silver Point and established the Putnam distinct honor to congratulate the Croatian f County Normal and Industrial Orphanage to Sons Lodge Number 170 of the Croatian Fra- provide housing, education, vocation, and reli- ternal Union on the festive occasion of its H.R. 3548, UNEMPLOYMENT COM- gious instruction to the African American chil- 102nd anniversary and Golden Member ban- PENSATION EXTENSION ACT OF dren of the region. In 1913, the school be- quet on Sunday, October 11, 2009. 2009 came the Silver Point Christian Institute, edu- This year, the Croatian Fraternal Union will cating grades one through eight. A small print- hold this gala event at the Croatian Center in HON. ROBERT J. WITTMAN ing press was operated by the school, which Merrillville, Indiana. Traditionally, the anniver- OF VIRGINIA led to the development of the Christian sary celebration entails a formal recognition of IN THE HOUSE OF REPRESENTATIVES Echo—a publication that is still printed today. the Union’s Golden Members, those who have Thursday, October 1, 2009 By 1915, the church and school combined achieved fifty years of membership. This into the West End Church of Christ Silver year’s honorees, who have attained fifty years Mr. WITTMAN. Madam Speaker, on Sep- Point. A new building was constructed, which of membership, include: John B. Belork, Rich- tember 22, 2009 the House of Representa- still stands to this day. In December 2007, the ard J. Bundek, Victoria Ann Burson, Robert J. tives passed H.R. 3548, the Unemployment building was included in the National Register Erdelac, Michael Grasa, Richard F. Grcevich, Compensation Extension Act of 2009 with my support. I voted for H.R. 3548, legislation that of Historic Places by the U.S. National Park Joanne James, Peter P. Jay, Mary Ellen would extend unemployment benefits by 13 Service. Kaegebein, Mirjana M. Kirincic, Della weeks for states with unemployment rates in The geographically isolated Highland Rim Klobuchar, Lawrence Labash, Slavko Ladic, excess of 8.5%. Our nation is currently facing area of Middle Tennessee has always focused Miyo George Mrkonich, Joan Marie Pope, significant economic challenges, including the on small-scale agriculture and timber re- Frances Razumich, Rudolph J. Rubesha, Jr., highest unemployment rates in over twenty sources grouped into small towns. Farms were Peter George Tarpo, and Valerie Trtan. years. With nearly five million Americans and These loyal and dedicated individuals share tended by individual families with little outside 290,000 Virginians out of work, I believe ex- this prestigious honor with approximately 489 help. Until the early 20th century, these small tending unemployment benefits was the right additional Lodge members who have pre- communities in Silver Point had few religious thing to do. viously attained this important designation. organizations and even fewer schools. Class- Several localities in Virginia’s First Congres- es were often taught in buildings that could This memorable day will begin with a mass sional District experienced unemployment not afford proper maintenance or enough sup- at Saint Joseph the Worker Croatian Catholic above 8% this summer. However, I am dis- plies for students. Church in Gary, Indiana, with the Reverend appointed that H.R. 3548 would not extend The school that Pastor Bowser established Father Stephen Loncar officiating. The ban- benefits in Virginia because the states unem- in 1915 provided the young children of the quet will begin at 1:00 p.m. ployment rate is currently below 7%. This bill’s community with educational opportunities Madam Speaker, I urge you and my other 8% threshold needlessly overlooks struggling never before seen in the area. Though the distinguished colleagues to join me in com- families in Virginia. I would like to see this school closed in 1959, the church remains ac- mending Lodge President John Miksich, and measure amended to extend the same unem- tive. all members of the Croatian Fraternal Union ployment benefits to all Americans regardless Many prominent and nationally-acclaimed Lodge Number 170, for their loyalty and radi- of where they live. leaders have been personally involved with ant display of passion for their ethnicity. The I understand that unemployment is putting the church, including Sam Womack, Alexander Croatian community has played a key role in significant strains on local families. That’s why Campbell, Marshall Keeble, Henry Clay, J.S. enriching the quality of life and culture of I recently hosted a First District Job Fair fea- Winston, R.N. Hogan. G.E. Stewart, and Levi Northwest Indiana. It is my hope that this year turing state, federal, and private employers. Kennedy. will bring renewed hope and prosperity for all Hundreds of First District residents attended Through its 100-year history, the West End members of the Croatian community and their the successful job fair and are now on their Church of Christ in Silver Point has provided families. way into the workforce.

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\K30SE8.026 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2421 IN RECOGNITION OF JULIE CAIN is often difficult to find words to express the the last year, has helped more than 40,000 BURKHARD, CHAIRMAN OF THE depth of one’s feelings with the passing of a Americans who are blind or who have severe NATIONAL PANHELLENIC CON- good friend and constituent. disabilities gain skills and training that has ulti- FERENCE Mr. Leatherwood served with distinction for mately led to gainful employment; The nearly 30 years as a member of the Cook AbilityOne Program. HON. PETE SESSIONS County, Illinois Sheriff’s Department. He was a The AbilityOne Program harnesses the pur- OF TEXAS Board Member of the Westside Association for chasing power of the Federal Government to IN THE HOUSE OF REPRESENTATIVES Community Action of Chicago, a member of buy products and services from participating the famed Rat Pack-Chicago Chapter and community-based nonprofit agencies that are Thursday, October 1, 2009 served on the School Council of a local Chi- dedicated to training and employing individuals Mr. SESSIONS. Madam Speaker, I rise cago Public School. He worked tirelessly with with disabilities. This program affords Ameri- today to recognize the work of an outstanding various organizations to provide scholarship cans with disabilities the opportunity to acquire individual, Julie Cain Burkhard, as she con- opportunities to young people and annually job skills and training, receive good wages cludes her distinguished work as Chairman of donated food to those in need in his home and benefits, and gain greater independence the National Panhellenic Conference (NPC). town of Leland, Mississippi. and quality of life. This conference represents 26 sororities with Jimmy dedicated his life toward making a This comes in a segment of the population a member base of more than four million difference in the lives of other people. He was that has suffered from significant unemploy- women at 655 campuses and 4,500 alumnae a shining example of how God can use a life ment. But programs such as AbilityOne have chapters in the United States and Canada. to help make this world a better place. Indeed, come a long way in helping to bring people Sororities and fraternities are the largest val- many who have had the privilege of knowing with disabilities into a working society. I am ues-based organizations on college campuses him have come to recognize that they are a proud to acknowledge that REACH Inc. has and among the most successful leadership de- much better person as a result of his life. played an active role since 1977 in helping velopment programs for college students. As Madam Speaker, I want to encourage his employ people with severe disabilities and is Chairman, Julie has led NPC’s effort to pro- devoted wife Joann, their daughter Nazaree, one of the community partners to the vide support and guidance for its members, the entire family and the many friends of Mr. AbilityOne Program within my state. and acted as one of NPC’s leading voices on Jimmy Leatherwood to always remember to The history and mission of REACH Inc. contemporary issues of sorority life. look to the hills from which comes all of their stands as a true example of why this program As a proud University of Georgia alumna help, trusting that their help will surely come is a winning proposition for all parties involved. and past national president of her sorority from the Lord. I am truly blessed to have REACH Inc. grew out of the dream of a group Alpha Chi Omega, Julie’s unyielding passion known and worked with him. I am honored to of local families who wanted to organize activi- for Greek life is reflected in her lifetime com- pay tribute to this outstanding gentleman. ties for their children with disabilities. Over 32 mitment to collegiate leadership. Under her f years ago, REACH Inc. opened its doors in leadership, NPC has increased their member- the basement of the Resurrection Lutheran COMMEMORATING NATIONAL JOB ship, created web-based advocacy tools, and Church in Juneau. What started out as a CORPS DAY furthered the organizational effectiveness of small, family-run group meeting in a church the conference. basement has developed into an agency em- Julie has been a great resource and advo- HON. HARRY E. MITCHELL ploying 200 people and serving over 400 indi- cate for women worldwide. Her long-term OF ARIZONA viduals. commitment to her Alpha Chi Omega chapter, IN THE HOUSE OF REPRESENTATIVES The direct impact of these organizations on its international organization, and the entire Thursday, October 1, 2009 the lives of Americans with disabilities cannot Greek community are tokens of the leader- Mr. MITCHELL. Madam Speaker, I rise be overstated. For an individual with a severe ship, dedication, and loyalty that make her a today to commemorate National Job Corps disability who has never had the opportunity to role model for women leaders and incredibly Day on Capitol Hill, which takes place Sep- hold a job, be independent, participate in the deserving of this honor. tember 23, 2009. This day-long event will rec- community, or play an important role in soci- I have personally had the opportunity to ognize the 45-year anniversary of Job Corps, ety; the AbilityOne Program and organizations work with Julie over the years as she has which has been dedicated to helping young like REACH Inc. are invaluable. come to Washington to tirelessly advocate for people launch stable careers. Madam Speaker, it is with great pleasure students across the country. We have worked Since its start, Job Corps has been com- that I extend my support to the AbilityOne Pro- together on the passage of the Collegiate mitted to helping young people, ages 16–24, gram. I also want to commend the dedication Housing and Infrastructure Act, a bill that get connected with the resources to be suc- and commitment to the REACH Inc. Executive would help improve not-for-profit housing for cessful in the workforce. With 123 campuses, Director, Mr. Richard Fagundes, and his staff college students, as well as legislation dedi- Job Corps is a nationwide tool for many young for helping individuals who are blind or have a cated to advancing college fire safety stand- Americans to gain the essential education and severe disability find employment. Their work ards and student financial aid. work skills. I am pleased to have such a helps people live fuller lives and become more The National Panhellenic Conference is a strong and active branch of the organization active members of society. I also commend stronger organization as a result of her unwav- right here in Maricopa County, serving young each AbilityOne employee who works every ering leadership and steadfast commitment to people across the valley. day to improve their lives, support our Govern- the lives of Greek women. I am pleased to At its core, Job Corps exemplifies the impor- ment, and make our country a better place to honor Julie Cain Burkhard’s exemplary service tance and true value of education. As a former live. and wish her all the best in her future endeav- teacher, I believe education is the foundation f ors. for preparing our youth to thrive in the future. COMMENDING HOMELAND SECU- f Through efforts like Job Corps, we can work RITY DEPARTMENT EMPLOYEES TRIBUTE TO MR. JIMMY ‘‘PO together to make higher education and ca- AND ANTI-TERRORISM PART- WOODS’’ LEATHERWOOD, ENTRE- reers attainable for all youth. NERS PRENEUR AND OWNER, WOODS, Madam Speaker, please join me in cele- INC. OF CHICAGO, ILLINOIS brating the 45th Anniversary of Phoenix Job SPEECH OF Corps. f HON. PETER T. KING HON. BOBBY L. RUSH OF NEW YORK OF ILLINOIS ABILITY ONE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, September 30, 2009 Thursday, October 1, 2009 HON. DON YOUNG OF ALASKA Mr. KING of New York. Mr. Speaker, I Mr. RUSH. Madam Speaker, I rise today to would like to express my support for the reso- IN THE HOUSE OF REPRESENTATIVES pay tribute to a great entrepreneur, community lution introduced by my colleague from New leader, humanitarian and family man, the late Thursday, October 1, 2009 York, Congresswoman CLARKE. House Reso- Jimmy Leatherwood who made his heavenly Mr. YOUNG of Alaska. Madam Speaker, lution 731, of which I am a cosponsor, recog- transition on Sunday, September 27, 2009. It today I rise to recognize a program, which in nizing the month of September as National

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K01OC8.004 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2422 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 Preparedness Month, also commends the em- I continue to be impressed by the efforts of Don’s radio broadcasting covered more than ployees of the Department of Homeland Secu- the men and women from the Jefferson Lab just the news. On Friday nights, his distinctive rity; other federal agencies; state, local, and and their desire to lead the Nation and the voice came on the air to cover local high tribal government officials; emergency re- world in research and innovation. I urge my school football games. He was a news director sponse personnel; and law enforcement offi- colleagues to join me in congratulating the who was involved with all aspects of the news, cers who defend our nation against acts of ter- Thomas Jefferson National Acceleration Facil- and he worked hard to include people of all rorism. ity on its 25th anniversary. ages and walks of life in the community. Don’s New York’s 3rd Congressional District is f tireless work made sure that events in the home to many of the Department of Homeland area received the notice they deserved. Security’s employees, including those who IN RECOGNITION OF THE CITY OF Madam Speaker, Northwest Florida will long work at JFK and LaGuardia airports and in the RICHARDSON’S 2009 NATIONAL remember the legacy of Don Priest. My Coast Guard. We are all grateful for the impor- NIGHT OUT thoughts and prayers are with him, and many tant work they carry out, in partnership with will be forever grateful for Don having touched local law enforcement officers and other first HON. PETE SESSIONS their lives. Northwest Florida has suffered a responders, to protect our communities, par- OF TEXAS great loss, but we will fondly recall his voice ticularly in light of several recently foiled ter- IN THE HOUSE OF REPRESENTATIVES on the airwaves for a long time to come. rorist plots. Thursday, October 1, 2009 f Earlier this month, we commemorated the Mr. SESSIONS. Madam Speaker, I rise to IN RECOGNITION OF THE CITY OF eighth anniversary of the terrorist attacks of day to recognize the City of Richardson and September 11, 2001. In these times, we can- DALLAS AND 2009 NATIONAL the Richardson Police Department for its ef- NIGHT OUT not afford to be complacent, or to forget what forts to combat crime and its 2009 National it means to prepare ourselves, our families, Night Out on October 13, 2009. and our communities to respond to the threat Since its inception twenty-six years ago, the HON. PETE SESSIONS of terrorism. All Americans can help promote National Night Out program has successfully OF TEXAS emergency preparedness by taking steps such reached out to numerous communities nation- IN THE HOUSE OF REPRESENTATIVES as assembling emergency supply kits, creating wide in its mission to raise crime and drug Thursday, October 1, 2009 family emergency plans, and staying informed prevention awareness. The City of Richardson Mr. SESSIONS. Madam Speaker, I rise about possible emergencies in their area. has utilized innovative methods to encourage today to recognize the City of Dallas and the We have come a long way since September citywide participation such as organizing Dallas Police Department for its efforts to 11th, but there is still much more to do to neighborhood block parties, programs for the combat crime and its 2009 National Night Out keep America safe. House Resolution 731 Hispanic and Asian communities, and activi- on October 6, 2009. helps remind all Americans of the steps they ties at various senior centers. These gath- Since its inception twenty-six years ago, the can take to be prepared, and honors those on erings unite citizens, law enforcement agen- National Night Out program has successfully the front lines who tirelessly work to keep our cies, businesses, civic organizations, and local reached out to numerous communities nation- communities safe. officials. It shows their resolve to fight back wide in its mission to raise crime and drug f against criminals and their commitment to prevention awareness. The City of Dallas has keeping our neighborhoods safe. The City of HONORING THE THOMAS JEFFER- utilized innovative methods to encourage city- Richardson’s high participation has resulted in SON NATIONAL ACCELERATION wide participation such as organizing neigh- their being the award winner for Category #3 FACILITY ON ITS 25TH ANNIVER- borhood block parties, safety fairs, visits from in the Nation. National Night Out has helped SARY police, contests, and rallies. These gatherings the Police strengthen neighborhood spirit and unite citizens, law enforcement agencies, busi- build partnerships within the local community. nesses, civic organizations, and local officials. HON. ROBERT J. WITTMAN Madam Speaker, I ask my colleagues to join It shows their resolve to fight back against OF VIRGINIA me in commending the City of Richardson and criminals and their commitment to keeping our IN THE HOUSE OF REPRESENTATIVES the Richardson Police Department for their neighborhoods safe. National Night Out has Thursday, October 1, 2009 hard work and dedication. Their efforts have helped the Dallas Police strengthen neighbor- made our community a safer and better place. Mr. WITTMAN. Madam Speaker, I rise hood spirit and build partnerships within the today to recognize the Thomas Jefferson Na- f local community. tional Acceleration Facility in Newport News, IN RECOGNITION OF THE PASSING Madam Speaker, I ask my colleagues to join VA, on the occasion of its 25th anniversary. OF DON PRIEST me in commending the City of Dallas and the Since its creation, the Jefferson Lab has wel- Dallas Police Department for their hard work comed scientists and researchers from across HON. JEFF MILLER and dedication. Their efforts have made our the globe to study the matter and forces which OF FLORIDA community a safer and better place. build and drive our universe. IN THE HOUSE OF REPRESENTATIVES f The Jefferson Lab is committed to educating the next generation of scientists by increasing Thursday, October 1, 2009 RECOGNIZING THE TOWN OF OR- the number of teachers who have strong back- Mr. MILLER of Florida. Madam Speaker, I ANGE AS IT CELEBRATES ITS grounds in math and science, and in doing so rise today to join in the celebration of the life 275TH ANNIVERSARY increase student motivation in the subjects of of Don Priest, a local legend in my district in engineering and technology. Northwest Florida. For over four decades, Don HON. ERIC CANTOR Current Secretary of Energy and Nobel delivered broadcast news and his daily edi- OF VIRGINIA Prize winning physicist Dr. Steven Chu joined torials to people in the Florida Panhandle and IN THE HOUSE OF REPRESENTATIVES the lab in celebrating this momentous occa- Alabama Gulf Coast. sion. On Tuesday, September 29, Secretary Don’s years of broadcasting made him one Thursday, October 1, 2009 Chu visited with the lab’s scientists, and dis- of the most recognized voices in the area. As Mr. CANTOR. Madam Speaker, I am proud cussed the future of atomic research. news director of the radio station WCOA for to recognize the Town of Orange as it cele- Recently, the Jefferson Lab began an ex- 41 years, he knew the importance of keeping brates its 275th anniversary. pansion of its accelerated electron beam, and people in the area informed. He also recog- The Town of Orange is located northeast of I was glad to attend the groundbreaking of this nized that the news is not one-sided, and as Charlottesville, near James Madison’s estate project in April 2009. This project creates a the first host of Pensacola Speaks, a local at Montpelier, viewing the Blue Ridge Moun- collision of atoms so that scientists may study radio call-in show, he was instrumental to let- tains. protons and neutrons at the smallest level. ting countless people over the years discuss The Town of Orange was a strategically im- The work done at the Lab is known around what was on their minds, be it a national, portant location during the American Civil War. the world as second-to-none, and this initia- local, or a personal issue. Don opened his Just north of town, the Rapidan River was ef- tive, also known as the 12GeV Upgrade, will radio show to anything people wanted to dis- fectively the northern border of the Confed- ensure the Lab’s worldwide leadership position cuss, and people daily instantly recognized his eracy for several years. Consequently, the for the next twenty years. voice as he took to the airwaves. area witnessed countless troop movements,

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K01OC8.008 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2423 patrols, skirmishes, and encampments. In ad- Mr. Moore will celebrate his 96th birthday lives. The courts are not allowed to review dition, the Town of Orange served as General next month. When he isn’t practicing law, he challenges to decisions to impose payment Robert E. Lee’s headquarters during that time. enjoys the company of his two daughters, rates for doctors, hospitals and prescription In fact, General Lee worshipped at the St. three grandsons, and one great grandson in drugs. Thomas Episcopal Church on Caroline Street, the Atlanta area. The courts can’t review decisions to rest which still stands today. Throughout his life, Ben Moore has an- health care reimbursement on racial and eth- The town continued to thrive into the twen- swered the call to serve his family, his com- nic criteria. And the courts can’t review deci- tieth century. Fire destroyed much of the east- munity, and his country. I’m proud to honor sions intended to control other features of our ern part of town in 1908, but many of the him today in the United States House of Rep- health care system. buildings constructed shortly after the fire still resentatives. When Democrats hide what they are doing and limit Americans’ rights, we know that the remain. In fact, Orange was well-known for its f silk mill, which produced many of the para- game is not about improving Americans’ chutes used by U.S. troops during World War COMMENDING HOMELAND SECU- health care. It is about increasing government II. The silk mill finally closed in the 1970s, but RITY DEPARTMENT EMPLOYEES power at the people’s expense. And it’s time to blow the whistle on that the building still remains and is used by local AND ANTI-TERRORISM PART- rigged game. businesses. NERS Orange residents will celebrate and honor f SPEECH OF the town’s heritage and 275 years of history SALUTING THE ONE HUNDREDTH with events and activities throughout the year. HON. ANDRE´ CARSON ANNIVERSARY OF FOREST HILLS In conjunction with the Fall Fiber Festival at OF INDIANA GARDENS IN QUEENS, NY AND Montpelier, the Gordonsville Street Festival, IN THE HOUSE OF REPRESENTATIVES THE REDEDICATION OF THE and other county-wide events, the Town of Or- Wednesday, September 30, 2009 COMMUNITY’S FLAGPOLE ange will have a Blues Festival on Main Street on October 3rd to mark the anniversary. Mr. CARSON of Indiana. Mr. Speaker, over HON. ANTHONY D. WEINER Madam Speaker, please join me in con- the last two days, we have considered and OF NEW YORK gratulating the fine citizens of Orange as they voted to pass legislation honoring all Depart- IN THE HOUSE OF REPRESENTATIVES celebrate their town’s anniversary and wishing ment of Homeland Security employees for Thursday, October 1, 2009 them the best for their continued growth and their service to the United States over the success. course of the War on Terror. Mr. WEINER. Madam Speaker, I rise to rec- f As a former Homeland Security official, I ognize the one-hundredth anniversary of the have seen first hand the sacrifices that each beautiful Forest Hills Gardens, the first IN HONOR OF MR. BEN MOORE’S of these employees makes in the service of planned garden community in the United LIFETIME OF SERVICE our country. These dedicated men and women States—one of which of which I am a proud spend years developing specialized skills and resident. HON. TOM PRICE becoming experts on the most effective meth- A bucolic extension of the Olmsteads’ New York legacy, our neighborhood was designed OF GEORGIA ods to prevent violence. They devote long by none other than Frederick Law Olmstead IN THE HOUSE OF REPRESENTATIVES hours away from their families, in potentially life threatening situations. And they do all of Jr., the son of the visionary who gave New Thursday, October 1, 2009 this to keep us safe from threats around the York Central and Prospect Parks, two of our Mr. PRICE of Georgia. Madam Speaker, I world. most cherished gifts. Much like those glorious rise today in recognition of Mr. Ben Moore, These federal employees rarely make the testaments to Mother Nature, Forest Hills Gar- dens brings the natural world to the very heart who this weekend will receive a Lifetime Serv- news, but their success in the War on Terror of a New York City borough while being ice and Achievement Award from the Johnson is undeniable. Their unyielding efforts have seamlessly integrated with its decidedly urban Ferry Baptist Church in my district. saved lives and prevented billions in property surroundings. Mr. Moore was born in Texarkana, Arkansas damage. We may never hear of their suc- on October 24, 1913. In 1920, his family fled While set apart from the thronging streets of cesses, but they deserve our thanks just the Queens, Forest Hills Gardens has evolved to the Dust Bowl and made their way to Atlanta, same. Georgia. At the age of 14, a young Ben Moore truly embody the diversity of the borough in So, Mr. Speaker, I rise today to honor these which it lies, with Christians and Jews living took a job as an office boy at the First Na- men and women across our country, whose tional Bank of Atlanta, beginning what would alongside Hindus and Muslims—all of whom ongoing fight to protect us from terrorism has are proud New Yorkers and proud Americans. become a long and distinguished career at allowed all of us to enjoy the freedoms that In tribute to the nation this community rep- First National. make the United States great. resents, Forest Hills Gardens recently rededi- Mr. Moore served his country with valor dur- f cated their flagpole following a three-year, ing World War II, joining the Army Air Corps painstaking restoration. Madam Speaker, I rise on Oct. 1, 1942 and seeing service in Italy. He DON’T HIDE HEALTH CARE DECI- SIONS FROM JUDICIAL REVIEW also to recognize this historic occasion. The returned to Atlanta after the war and was ad- ninety-eight foot pole is the refurbished mast mitted to the State Bar of Georgia in 1949. He of the ship Columbia, the swift sloop that was has been a member of the bar for 60 years HON. LAMAR SMITH the first to win the America’s Cup consecu- and continues to practice law to this very day. OF TEXAS tively, in 1899 and in 1901. In 1953 Mr. Moore was named as one of IN THE HOUSE OF REPRESENTATIVES A ship whose history is inextricably tied with ‘‘Atlanta’s 100 Leaders of Tomorrow’’ by Time Thursday, October 1, 2009 New York’s, the Columbia was designed by Magazine. He served on the Atlanta Board of Nathanael Herreshoff and launched in 1899 by Aldermen, the precursor to today’s City Coun- Mr. SMITH of Texas. Madam Speaker, J.P. Morgan for the New York Yacht Club. It cil, during Mayor Ivan Allen’s first term. During when Democrats introduced health care legis- was sailed in the cold and choppy waters of this period, the City of Atlanta saw numerous lation, the Administration wanted to rush it New York Harbor by Captain Charlie Barr to changes including the arrival of the Atlanta through Congress before its cost could be cal- two glorious victories against Great Britain and Braves, the opening of construction on Inter- culated. retired to New York’s own little port at City Is- state 285, and the beginning of the trans- When Republicans wanted to review health land in 1913. formation of Zoo Atlanta and Hartsfield-Jack- care legislation before they were made to vote Towering high above the borough of son International Airport into the institutions on it, Democrats refused to let them see the Queens, the Columbia’s restored mast tells us we recognize today. language. of past glory and of future promise. It symbol- Mr. Moore became a Baptist in 1957 when Look for more of the same. For instance, izes the resilience and ambition that has al- he and his two daughters were Baptized by the House Democrats’ health care legislation ways and will continue to define New York Dr. Monroe Swilley, then pastor of Second prevents federal health care decisions from and its people. Ponce de Leon Baptist Church. He is a grad- getting judicial review. I take this opportunity to present to the com- uate of Tech High, the Woodrow Wilson Col- Stealth provisions of the House bill take munity of Forest Hills Gardens a new flag wor- lege of Law, and the American Institute of away Americans’ rights to challenge govern- thy of the Columbia’s mast and salute the For- Banking. ment decisions that will profoundly affect their est Hills Gardens Corporation for ensuring that

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K01OC8.013 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2424 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 our flag continues to wave high over the great- Congressional District to congratulate and rec- The President of the United States of est city in the world. ognize Rachel Knaub on the extraordinary America, authorized by act of Congress July event of her 100th Birthday on October 4, 9, 1918, has awarded the Distinguished Serv- f ice Cross to Sergeant First Class Jack P. 2009. Tolbert for extraordinary heroism in mili- RECOGNIZING THE CONTRIBU- Born in Greene County, Rachel has lived in TIONS OF MICHELLE DALLAFIOR tary operations against an armed enemy: Ohio her entire life. She has resided in many Sergeant First Class Tolbert, Infantry, TO THE HOUSE COMMITTEE ON different communities in the state including, United States Army, a Member of Company SCIENCE AND TECHNOLOGY Pitchen, Clifton, Springfield, and Cedarville. B, 65th Infantry Regiment, 3rd Infantry Divi- Throughout her life, Rachel Knaub has been sion, distinguished himself by extraordinary HON. BART GORDON a proud farmer’s wife. She spent 52 years heroism in action against an armed enemy of the United States near Kumhwa, Korea, on OF TENNESSEE happily married to her husband, Ralph, who passed away in 1992. Rachel is also a proud 11 June 1953. He was one of two outpost IN THE HOUSE OF REPRESENTATIVES guards on the main line of resistance when Thursday, October 1, 2009 and active member in the 5th Lutheran the area came under a heavy artillery and Church. mortar bombardment. Observing a hostile in- Mr. GORDON of Tennessee. Madam Reaching 100 years of age is truly a great fantryman approaching the position, he Speaker, I rise today to recognize the service and significant milestone and for that reason, shouted a warning to the other Sentinel and of a valued staff member of the Committee on Rachel deserves our congratulations. to the guard at the Command Post, enabling Science and Technology, Michelle Dallafior, f them to alert other elements of the immi- on her last day with the Committee. nent attack. Seconds later the enemy soldier Michelle serves on the Energy and Environ- WELCOMING REV. MARTHA hurled a fragmentation grenade into the ment Subcommittee, where she manages a TAYLOR bunker. Fully aware of the danger involved, he stepped on the missile in an attempt to broad portfolio of energy issues, including nu- dispose of it or lessen its explosive effect and clear energy, carbon capture and sequestra- HON. BARBARA LEE received the full impact of the explosion. Al- tion, and the transition to a smarter electrical OF CALIFORNIA though critically wounded in this display of grid. She’s worked on key pieces of legislation IN THE HOUSE OF REPRESENTATIVES valor, his prompt and unhesitating action including the Energy Independence and Secu- prevented serious injury to his comrade. In- rity Act of 2007, the American Recovery Act of Thursday, October 1, 2009 spired by his unflinching courage, the troops 2009, and the American Clean Energy and Ms. LEE of California. Madam Speaker, it is fought with great tenacity and skill, inflict- Security Act of 2009, as well as the Energy with great pleasure that I rise to welcome our ing numerous casualties and containing the guest chaplain here this morning, the Rev- assault. Sergeant Tolbert’s inspirational and Water Research Integration Act, which conduct and consummate devotion to duty was passed out of Subcommittee yesterday. erend Dr. Martha Taylor. Dr. Taylor has dedi- reflect the highest credit upon himself and Before she joined the Science and Tech- cated nearly 4 decades of her life to public uphold the esteemed traditions of the mili- nology Committee, Michelle was Chief of Staff service, and it is my distinct honor to welcome tary service. to Rep. CHARLES WILSON (D–OH). Michelle her here today. By order of Lt. General W. G. Wyman, worked for Rep. Ted Strickland (D–OH) for al- Dr. Taylor serves as the Pastor of Elmhurst Commanding General of the Sixth Army. most a decade, serving as his Legislative Di- Presbyterian Church in Oakland, California, Armed Forces Day, 1954. rector and, later, his Chief of Staff. Michelle and as an adjunct professor at the San Fran- Although the Redding chapter of the Military first came to the Hill to work for Sen. John cisco Theological Seminary. Order of the Purple Heart is named in his Glenn (D–OH) on Great Lakes legislative She is also the principal owner of Ministry honor, Mr. Tolbert insists ‘‘I’m not the hero issues. Michelle holds an M.A. in Public Policy Christian Training—an education ministry that type.’’ In a 2009 interview with his hometown from Georgetown University and a B.A. in Po- focuses on church leadership, biblical studies, newspaper, Jack said, ‘‘I was just a regular GI litical Science from the University of Michigan. and inspirational workshops. In this role, she who spent a little time in the front line. I did She is a proud Yooper, and her Wolverine has facilitated leadership trainings for numer- my job and came home.’’ With all due respect pride is especially apparent during football and ous churches across the Bay Area and the to Mr. Tolbert, no one shares his view. He basketball season. country. may not have intended to be a hero, but a Madam Speaker, Michelle’s expertise and Throughout her long and varied years of hero he is. And in recognition of his service, ability to reach consensus have made her a service, Dr. Taylor has focused much of her Shasta County has designated October 3 as valued member of the Committee staff. De- attention on issues of social justice. She has ‘‘Jack Tolbert Day.’’ spite balancing a heavy work load with her become a staple in our home community, and It is my honor to recognize Jack Tolbert’s avid pursuit of bocce and cycling, she always remains active in numerous community organi- heroic service to our Nation. finds time to invest in other staffers. She’s zations. For her work, she was named Chris- f shown a special talent for mentoring junior tian Woman of the Year in 2006 by then-Sac- staffers and helping them get substantive ex- ramento Mayor, Heather Fargo, and the Sac- WASHINGTON STATE TROOPER perience and exposure. ramento County Board of Supervisors. JOHN GARDEN I know that all of the Science and Tech- Dr. Taylor’s commitment to service stems nology Committee’s Members and staff wish from her deep reservoir of faith, and from her HON. DAVID G. REICHERT her well as she transitions to the Administra- dedication to use her faith as an active vehicle OF WASHINGTON tion. Michelle will be joining the Office of Fos- for social change. IN THE HOUSE OF REPRESENTATIVES It is again my great pleasure and honor to sil Energy at the Department of Energy, con- Thursday, October 1, 2009 tinuing her work on carbon capture and se- welcome my friend, the Reverend Dr. Martha questration and the creation of a smarter elec- Taylor. Mr. REICHERT. Madam Speaker, today I’d tric grid. f like to recognize Washington State Trooper Michelle, thank you for all your hard work John Garden for being named the 2008 Dis- and counsel. We will certainly miss seeing you RECOGNIZING THE COURAGEOUS trict One Trooper of the Year in the State of day-to-day, but we hope that we will get the SERVICE OF MR. JACK TOLBERT Washington. opportunity to work with you in your new role. As a former law enforcement officer in f HON. WALLY HERGER Washington State, I know the hard work and OF CALIFORNIA dedication it takes to earn such an honor, and CELEBRATING RACHEL KNAUB’S IN THE HOUSE OF REPRESENTATIVES I thank Trooper Garden for his tireless service 100TH BIRTHDAY and sacrifice for the communities he serves in Thursday, October 1, 2009 Pierce and Thurston Counties. HON. STEVE AUSTRIA Mr. HERGER. Madam Speaker, it is my I am confident that Trooper Garden will con- OF OHIO honor today to commend the self-sacrificing tinue to serve the people of Washington State IN THE HOUSE OF REPRESENTATIVES act of a true American hero, Jack Tolbert, who with great respect and continue his record of was awarded the Distinguished Service Cross strong leadership within the law enforcement Thursday, October 1, 2009 on Armed Forces Day in 1954. The extraor- community. On behalf of the House of Rep- Mr. AUSTRIA. Madam Speaker, I rise today dinary heroism of Mr. Tolbert was summarized resentatives, I extend my deepest gratitude for on behalf of the constituents of Ohio’s 7th thus when the medal was awarded: his service and sacrifice.

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A01OC8.003 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2425 THE INDIAN TRIBAL FEDERAL hope to non-recognized tribes of a reasonable stakeholders have come together for the pur- RECOGNITION ADMINISTRATIVE and timely process. The Bureau of Indian Af- pose of making sound, careful changes which ACT fairs recently issued what it calls a proposed recognize the historical struggles the unrecog- finding on the Brothertown of Wisconsin peti- nized tribes have gone through, yet retaining HON. ENI F.H. FALEOMAVAEGA tion for federal acknowledgment. This tribe’s some of the framework the Bureau of Indian OF AMERICAN SAMOA petition was considered ready for consider- Affairs has developed diligently over the years. IN THE HOUSE OF REPRESENTATIVES ation by the BIA in 1996—even so, the BIA In conclusion Madam Speaker, I hope we did not take up the petition until 2008, 12 can take final action and make much needed Thursday, October 1, 2009 years later. In the proposed finding issued this improvements to the Federal Indian Recogni- Mr. FALEOMAVAEGA. Madam Speaker, I August, the BIA proposed to turn down rec- tion process. rise today to introduce the Indian Tribal Fed- ognition of the tribe for several reasons. One f eral Recognition Administrative Procedures of those reasons was a finding by the BIA that Act, a bill to provide for an improved adminis- the tribe had been terminated by Congress in CONSTITUTION DAY trative process for federal recognition of cer- 1839. Now, a tribe that has been terminated SPEECH OF tain Indian groups. by Congress cannot be recognized by the BIA. The fact of the matter is the process by And yet, the BIA insists that this tribe com- HON. JOHN B. LARSON which the Department of the Interior to recog- plete this administrative process—at the cost OF CONNECTICUT nize Indian tribes is riddled with problems. And of thousands of dollars to the government and IN THE HOUSE OF REPRESENTATIVES these problems exist in large part because the the tribe—even though the BIA could not rec- Tuesday, September 29, 2009 Congress itself has never by law established ognize the tribe even if it finds that the tribe a process or criteria for the recognition of In- meets the criteria for recognition. A process Mr. LARSON of Connecticut. Mr. Speaker, I dian tribes. that requires such a thing makes no sense for rise in support of House Resolution 734, which First, the Bureau of Indian Affair’s budget the Federal Government or for tribes. expresses support for and honors September limitations over the years have, in fact, created Madam Speaker, the legislation I introduce 17, 2009, as ‘‘Constitution Day.’’ September a certain bias against recognizing new Indian today provides the vehicle to fix the recogni- 17 is the day that our United States Constitu- tribes. tion process for Indian groups. It embodies a tion was signed in 1787, by 39 delegates from Second, the process has always been too framework to lessen the adverse impact and 12 states, including from Connecticut, Samuel expensive, costing some tribes well over the unfortunate burden on Indian groups seek- Huntington, Oliver Wolcott, and Roger Sher- $500,000 when most of these tribes lack the ing federal recognition. man, whose statue resides in the crypt of this resources and necessary finances. I need not Under this proposal, the administrative bur- Capitol building. remind my colleagues that Native American den and responsibility for the federal recogni- My home state of Connecticut has a strong Indians are still facing severe challenges to tion process is transferred from the Bureau of and proud connection to the founding prin- education, economic activity and social devel- Indian Affairs, BIA, to an independent Com- ciples and documents of this country. Roger opment, and this administrative process per- mission on Recognition of Indian Tribes. The Sherman was the only man to sign the Articles petuates an already embarrassing situation for Commission shall consist of seven members of Association, the Declaration of Independ- this country. appointed by the President with the consent of ence, the Articles of Confederation, and the Madam Speaker, the courts have already the Senate. This commission is tasked with re- Constitution. Connecticut itself is known as the acknowledged the unfair treatment of Indian viewing and acting upon documented petitions Constitution State, for its enactment of the groups because of the current federal recogni- submitted by Indian groups that apply for fed- Fundamental Orders of Connecticut, the first tion process. In 1996, in the case of Greene eral recognition. written constitution of its kind. v. Babbitt, 943 F. Supp. 1278 (W.Dist. Wash), Under this legislation, clear and consistent The Fundamental Orders of Connecticut the federal court found that the existing proc- standards of administrative review of docu- was adopted by the Connecticut Colony in ess is ‘‘marred by both lengthy delays and a mented petitions for federal recognition are 1639 and established a government for the pattern of serious procedural due process vio- provided for. Moreover, this bill clarifies and Connecticut Colony, based on the yearly elec- lations.’’ Deciding on the recognition process identifies clear evidentiary standards for ad- tion of a governor and six magistrates, two for the Samish Tribe in the State of Wash- ministrative review and also helps expedite the from each town in the Colony. These officials ington, the court recognized that it took over process by providing adequate resources to were chosen by the count of a written vote, 25 years for the Department to make a deci- process documented petition. and all freedmen who resided in the colony sion. Writing for the court, Judge Thomas Zilly Some have expressed concern that prior and had taken an oath of fidelity were eligible opined that ‘‘the Samish people’s quest for bills would open the door for more tribes to to cast their vote. federal recognition as an Indian tribe has a conduct gambling operations on new reserva- The Fundamental Orders established limits protracted and tortuous history . . . made tions. While I cannot say that no new gam- on the powers of government, emphasizing more difficult by excessive delays and govern- bling operations will result from this bill, I do the power of the people to elect their leaders mental misconduct’’ (p. 1281). Moreover, cer- believe that this bill will have only a minimal and act against them should those leaders ig- tain procedures mandated in the Administra- impact in the area. nore their concerns. Further, it defined the op- tive Process Act (APA) and by the U.S. Con- I would like to remind my colleagues that: erating procedures of a government estab- stitution were glossed over during the ac- (1) unlike State-sponsored gaming operations, lished by the people, of the people, and for knowledgement process. Indian gaming is highly regulated by the Indian the people, ensuring each elected magistrate Sadly though, the Samish’s administrative Gaming Regulatory Act (IGRA); (2) before a vote in matters of governance, and the gov- and legal conflict—much of which was at pub- gaming can be conducted, the tribes must ernor a vote only in the event of a tie. lic expense—could have been avoided were it reach an agreement with the state in which Many of the principles in the eleven sections not for a 30-year-old clerical error of the Bu- the gaming would be conducted; (3) under of the Fundamental Orders of Connecticut reau of Indian Affairs which inadvertently left IGRA, gaming can only be conducted on land later were echoed in the familiar cadences of the Samish Tribe’s name off the list of recog- held in trust by the federal government; (4) our great Constitution, which continues to rep- nized tribes in Washington. With a record like gaming can only be conducted at a level the resent the American ideal of a government this, it is little wonder that many tribes have state permits on non-Indian land; and (4) any consisting of a body of officials elected by the lost faith in the Government’s recognition pro- gaming profits can only be used for tribal de- people to serve in their best interests. cedures. velopment, such as water and sewer systems, It was Roger Sherman’s ‘‘Connecticut Com- Fixing the recognition process was also schools, and housing. promise’’, made during the Philadelphia Con- noted by former President Clinton. In a 1996 I want to emphasize this point—this is not a vention of 1787, which ensured fair represen- letter to the Chinook Tribe of Washington, the gambling bill, this is a bill to create a fair, ob- tation for large and small states in the President wrote, ‘‘I agree that the current fed- jective process by which Indian groups can be bicameral legislature which defines our body eral acknowledgment process must be im- evaluated for possible federal recognition. of Congress. proved.’’ Despite some progress been made, Madam Speaker, this bill is not perfect in As a high school history teacher, I had the President Clinton further added that ‘‘much every form, but it is the result of many hours privilege of studying, learning, and teaching more must be done.’’ of consultation and years of work. I want to the Constitution. It is the innovation and And the most recent action of this adminis- thank Chairman RAHALL and everyone in- undiminished endurance of the ideals of our trative acknowledgment process gives no volved in this endeavor. Many parties and Constitution for which I rise in support of

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A01OC8.009 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2426 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 House Resolution 734 to express support for seers and visitors a year. The Springfield store Results of the GRACE study showed that and honor September 17, 2009, as ‘‘Constitu- is Missouri’s number one visitor attraction, there were no statistical differences in the tion Day.’’ welcoming more than 4 million people through safety, tolerability or effectiveness of the HIV f its doors last year. regimens used in the study between male and Johnny is a conservationist who enjoys the female participants, or for people of different IN RECOGNITION OF BASS PRO outdoors and preservation of America’s scenic ethnicities. Additionally, the GRACE study SHOPS FOUNDER JOHNNY L. beauty found in its open spaces, wildlife and showed that with the appropriate commitment MORRIS, FOR HIS LIFETIME CON- waters. Earlier this week, the Teddy Roosevelt from the trial sponsor and input from affected SERVATION ACHIEVEMENT Conservation Partnership honored Johnny communities and providers, clinical trials can AWARD FROM THE TEDDY ROO- Morris with its Lifetime Conservation Achieve- enroll meaningful numbers of women and ra- SEVELT CONSERVATION PART- ment Award for his dedication to conserving cial and ethnic minorities. NERSHIP our national resources and ensuring the future Madam Speaker, I commend Tibotec Thera- of America’s sporting traditions. peutics and Johnson & Johnson for their com- HON. ROY BLUNT This is an honor Johnny Morris has earned mitment to addressing the disproportionate im- OF MISSOURI through a lifetime of work as a retailer and pact of this epidemic on women and people of IN THE HOUSE OF REPRESENTATIVES sportsman. Foremost, I think Johnny would color. Thursday, October 1, 2009 like to be thought of simply as a pretty good f fisherman. U.S. POLICY TOWARDS BURMA Mr. BLUNT. Madam Speaker, I rise today to f honor a man who has become an icon to fish- ermen, an innovative retailer and perhaps the RECOGNIZING TIBOTEC THERA- HON. MARK E. SOUDER humblest guy you might ever meet. You may PEUTICS FOR CONDUCTING THE OF INDIANA not immediately recognize the name Johnny GRACE STUDY, A GROUND IN THE HOUSE OF REPRESENTATIVES Morris, but you probably know the company BREAKING HIV CLINICAL TRIAL Thursday, October 1, 2009 he started in 1972—Bass Pro Shops. Johnny FOCUSED ON WOMEN AND PEO- Mr. SOUDER. Madam Speaker, today the is also a dedicated conservationist who sup- PLE OF COLOR IN THE UNITED Senate Foreign Relations Subcommittee on ports a host of national wildlife and habitat STATES East Asian and Pacific Affairs held a hearing conservation efforts. on U.S. policy towards Burma. I would like to National Fish and Wildlife Foundation, Na- HON. WM. LACY CLAY contribute some remarks on this important tional Wild Turkey Federation, the Nature Con- OF MISSOURI topic. I represent the Third District of Indiana, servancy, International Game Fish Associa- IN THE HOUSE OF REPRESENTATIVES which is home to the largest concentration of tion, Ducks Unlimited, Rocky Mountain Elk Thursday, October 1, 2009 people from Burma in the U.S. In recent Foundation, Quality Deer Management Asso- years, resettlement agencies have placed well ciation, Trout Unlimited, International Mr. CLAY. Madam Speaker, I rise today to over 2,000 refugees in Fort Wayne, Indiana. Bowhunting Organization, The Congressional commend and congratulate Tibotec Thera- Fort Wayne has also become a ‘‘community of Sportsmen’s Foundation, U.S. Fish & Wildlife peutics, part of the Johnson & Johnson family choice’’ amongst the refugee community, and Service, USDA Forest Service, Quail Unlim- of companies, for demonstrating continued in- secondary migrants have increased Fort ited, Federation of Fly Fisherman, and Safari novation and corporate responsibility in the Wayne’s population of people from Burma to Club International are among the organiza- fight against HIV/AIDS by conducting the over 6,000. As a result, the Third District is tions that Bass Pro Shops publicly supports. groundbreaking GRACE study. GRACE, which acutely aware of the atrocities and suffering Johnny’s ideal work is fishing. While fishing stands for Gender Race And Clinical Experi- that the people from Burma have faced at the the Bassmaster professional circuit, he was al- ence, is the largest study to date in treatment- hands of the State Peace and Development ways taking notes of what lures were catching experienced women with HIV to examine gen- Council (SPDC). fish, who made them and how to find them. der and race differences in response to an I am disappointed that this hearing, which is Starting with hand-tied lures and bait made HIV therapy. In recent HIV studies of treat- intended to evaluate the role the U.S. can play from sowbellies and sold in jars, Johnny start- ment-experienced patients, women accounted in facilitating democratic reform, did not invite ed his business in his father’s store. Within for less than 11 percent of the patients being testimony from a single representative of Bur- two years he needed more room for his grow- studied, on average. GRACE was able to en- ma’s democracy movement or one individual ing enterprise. roll nearly 70 percent women and 84 percent who has endured the violence of the In 1972 Bass Pro Shops—or Pro Bass as people of color. Tatmadow. A thorough evaluation is impos- many of his regulars still call it—began issuing In my home State of Missouri, there are al- sible without their perspective. catalogs. Today those books are 700 pages of most 12,000 people living with AIDS, and Afri- Over the years, U.N. reports have docu- full color pictures of lures, worms, hooks, sink- can Americans represent over a third of these mented some of the military regime’s ers, reels, rods and everything an angler cases. Women account for more than one harrowing crimes, including widespread rape, would ever need. There is a line of hunting quarter of all new HIV/AIDS diagnoses in the conscription of child soldiers, torture, and the equipment and clothing too. United States, with African American and destruction of thousands of villages. It is clear Among Johnny’s successful ideas was sell- Latina women representing 79 percent of that the SPDC has in part been conducting a ing fishing boats in packages— boat, motor, women living with the disease. People of color war against its own citizens. trailer and trolling motor. It had never been have been historically underrepresented in In spite of these realities, the Administration tried before, but it’s an industry standard now. clinical trials in the United States, and HIV/ has recently engaged in direct dialogues with That is just one of several reasons why he AIDS disproportionately impacts African Amer- the Burmese regime and the Senate Commit- was named the National Retail Federation’s icans. In terms of new HIV infections, African tee’s hearings today are in part seeking to re- Retail Innovator of the Year in 2008. American women are infected at a rate 15 evaluate the role of sanctions in U.S. policy. I Johnny Morris’ vision has expanded from times higher than white women. support the establishment of a peaceful and that small space in his dad’s store to 56 The trial was designed to help overcome democratic Burma. However, it is improbable megastores in the United States and Canada, some of the barriers, identified by the advi- that this can be achieved through negotiations a 1.7-million-square-foot warehouse and head- sors, which have historically deterred women with the junta—a dictatorship will not act in quarters in Springfield, Missouri, and jobs for and people of color from participating in clin- good faith and broker a deal that will lead to 16,000 employees. ical studies, including stigma, lack of child its own demise. If you want to know the real success of Mor- care, transportation and personal support sys- Before such dramatic changes in policy can ris’ Bass Pro Shops, visit one of their stores. tems. Based upon advisor and community be made, it is necessary for the military dicta- Complete with aquariums full of game fish or input, study participants could obtain assist- torship to demonstrate a clear movement to- rare turtles, a Bass Pro Shops store is a visit ance to cover costs associated with their par- wards democracy. This must include ending that will satisfy your interest in everything out- ticipation in the study, including funds for trav- the current violence against its citizens, install- doors. Equipment for most any sportsman’s el and childcare, as well as food vouchers. I ing Daw Aung San Suu Kyi to her rightful experience is available along with advice from am proud to say that one of the study sites in place as Burma’s democratically elected Prime people who have used it. Bass Pro Shops re- this historic clinical trial is located in my con- Minister, and drafting a constitution that cre- ceives nearly 100 million customers, sight- gressional district. ates the possibility for true civilian leadership.

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A01OC8.011 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2427 Until we see this kind of progress, the U.S. sionary whose perseverance and quiet yet in- IN HONOR OF THOMAS J. MANNING cannot give validity to this illegitimate govern- fluential leadership style has been an example ment. to us all. He is savvy, strong and involved. f And he is someone I am proud to call a friend. HON. FRANK PALLONE, JR. Please join me in celebrating the life and HONORING BEN G. PORTER legacy of Ben G. Porter, a great and influential OF NEW JERSEY citizen of Macon, Georgia. IN THE HOUSE OF REPRESENTATIVES HON. JIM MARSHALL f Thursday, October 1, 2009 OF GEORGIA INTRODUCTION OF H.R. 3692, THE IN THE HOUSE OF REPRESENTATIVES NATIONAL FOREST ROADLESS Mr. PALLONE. Madam Speaker, I rise today Thursday, October 1, 2009 AREA CONSERVATION ACT to honor Thomas J. Manning and his dedi- Mr. MARSHALL. Madam Speaker, it is my cated years of service to the State of New Jer- pleasure to rise today to honor one of Macon, HON. JAY INSLEE sey and its workers. Mr. Manning recently re- Georgia’s great citizens, Ben G. Porter, some- OF WASHINGTON tired after a long career as an advocate for one who has worked tirelessly to improve the IN THE HOUSE OF REPRESENTATIVES New Jersey’s workers. Through his tenacity quality of life in Middle Georgia and through- Thursday, October 1, 2009 and hard work he became a positive force in the lives of so many. out the State of Georgia. Mr. INSLEE. Madam Speaker, today, with Ben and his wife Hazel have lived in Macon bipartisan support from 151 of my colleagues, In 1969, Mr. Manning graduated from Mater for over 50 years. He is an avid outdoorsman I introduced the National Forest Roadless Dei High School, located in New Monmouth, and his passion for the natural beauty of our Area Conservation Act of 2009, which will pro- New Jersey. He soon became involved in the land punctuates his business and charitable tect 58.5 million acres of pristine wild forests steamfitting trade, serving a five year appren- endeavors. As a former Chairman of the by prohibiting new road construction and re- ticeship before achieving the position of Me- Board of Georgia’s Department of Natural Re- construction and providing critical ecological chanical Superintendent. Mr. Manning is a sources, Ben advocated for the conservation protections. Roadless areas provide clean member of Local Union No. 475 and has and preservation of our natural and cultural re- drinking water to over 60 million Americans, served his union in a number of distinguished sources so that current and future generations recreational opportunities, and undeveloped capacities. In 1994, he was elected to the po- can take pleasure in the unique history, diver- habitat for more than 600 threatened, endan- sition of Business Agent and in 2000 he was sity and great beauty found in every region of gered or sensitive plant and animal species. In selected to serve as the union’s Business our state. As a founder and member of the Washington, 2,015,000 acres of roadless Manager. He was also a trustee and Co- Ocmulgee Land Trust, as Chairman of the Je- areas, almost 22 percent of our wildlands, are Chairman of the Steamfitters Local 475 Em- kyll Island Authority as well as in his service at stake. Washington State crown jewels, like ployee Benefit Trust Fund. as on the Advisory Council of the Trust for Eagle Rock and Dark Divide, should be pre- Mr. Manning has also served in several Public Land, Ben actively encourages property served for future generations. This legislation state-wide union positions, during which time owners across our nation to conserve and pro- will codify the Clinton Administration’s he represented and fought for thousands of tect land that has natural, recreational, scenic, Roadless Area Conservation rule to protect his fellow workers. He served as President of historic, or productive value. these lands and move us closer to perma- the New Jersey State Association of Pipe In his hometown of Macon, Ben Porter’s vi- nently protecting our nation’s unique and in- sion and leadership has anchored a number of valuable wildlands. Trades. In this capacity, he worked to rep- organizations including the Chamber of Com- In 2001, President Clinton issued the resent 11,000 plumbers, pipefitters, merce, where he served a term as President, Roadless Area Conservation Rule, protecting sprinklerfitters, and HVAC service providers. the Macon Heritage Foundation and Mercer 58.5 million acres of National Forest land (30 Mr. Manning has also served as Vice Presi- University’s School of Medicine, where he cur- percent of all National Forest land) from new dent of the New Jersey State Building and rently serves on the Board of Governors. But, road construction. The Clinton Roadless Rule Construction Trades, President of the Mechan- his most lasting and—I believe he would was the result of a two-year rulemaking proc- ical Allied Crafts, and as an Executive Board say—his proudest accomplishment in Macon ess that included the most extensive public in- Member of the New Jersey AFL-CIO. is the leadership he provided along with a volvement process in federal rulemaking his- Mr. Manning is a founding member of my handful of others in the creation of the tory. The U.S. Forest Service held more than labor advisory committee and has become a Ocmulgee Heritage Trail. More than 15 years 600 meetings, with more than 1.6 million trusted advisor to me on not only labor issues ago, Ben and a small group of civic and public Americans submitting comments to the plan, but on the environment, the economy and leaders in Macon began to envision a walking where my constituents and many other Ameri- workers’ health care. cans voiced their overwhelming support for the trail that would connect some of Macon’s his- Importantly, Mr. Manning sought to continue torical and cultural gems—the Ocmulgee Na- rule. While the Clinton Roadless Rule enjoyed his education in the fields of labor and political tional Monument, Rose Hill Cemetery and the enormous public support, the Bush Adminis- studies. He completed courses in both Labor historic water treatment facility—to its great tration fought a multi-year battle to overturn it. Law and Labor History at Cornell University’s natural asset and the lifeblood of our commu- In 2005, the Bush Administration issued a new School of Industrial and Labor Relations. He nity, the Ocmulgee River. What made this idea roadless rule that removed protections and also attended Rutgers University’s Labor Edu- special was the reason behind it: most of the opened roadless areas up for further develop- cation Center where he studied political land abutting the Ocmulgee River in Macon ment. In addition, numerous lawsuits have science. was owned by private citizens and therefore tracked the roadless rule’s course, both in Mr. Manning has been a member of numer- not accessible to the public. There were few favor and opposed. Recently, the 9th District places where the everyday person in Macon ous government and local advisory groups. In court has decided in favor of the 2001 2005, he was appointed by Governor Dick could touch the river, could sit beside it in Roadless Rule. This legislation will perma- quiet contemplation or enjoy the beauty of its Codey to serve as a member of the School nently protect our nation’s roadless areas and Construction Corporation Board of Directors. banks. The gift of river access to the remove all ambiguity concerning their con- Ocmulgee River is the enduring legacy that He also served as a member of New Jersey servation and protection. Governor Jon Corzine’s Economic Develop- Ben has helped to give to the citizens of As a native Washingtonian and a lifelong ment Transition Team and was later appointed Macon. Today, the Ocmulgee Heritage Trail outdoorsman, I grew up exploring and enjoy- to a position with the New Jersey Economic extends 10 miles, but Ben Porter and the ing our National Forests. It is my hope that my Development Authority. other leaders of the Ocmulgee Heritage Trail grandchildren will be able to explore and enjoy executive board dream big, and eventually the the same untouched and protected forests that Madam Speaker, Local 475, the labor Trail will connect landmarks and towns I have grown to love. By carefully and thought- movement and the people of New Jersey are throughout Middle Georgia. fully conserving our National Forest lands, losing a true champion with the retirement of I’d like to close my comments today on a they will be here for future generations to Tom Manning. I sincerely hope that my col- personal note. I have known Ben for many come. leagues will join me in celebrating his impres- years in both a professional and personal ca- I have led the fight for our roadless areas in sive career. His long record of advocacy on pacity. Ben is a man of faith, a generous Congress since 2002 and will continue to seek behalf of New Jersey’s workers is truly re- giver, a caring mentor and an exceptional vi- ways to protect our National Forests. markable.

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A01OC8.014 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2428 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 PERSONAL EXPLANATION ENHANCED PARTNERSHIP WITH external issues affecting the region as a whole PAKISTAN ACT OF 2009 and the need for stabilization. Over the years, U.S. assistance to Pakistan HON. NEIL ABERCROMBIE SPEECH OF has fluctuated with political events, sending OF HAWAII HON. SHEILA JACKSON-LEE mixed messages and leading most Pakistanis OF TEXAS to question both our intentions and our staying IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES power. Today, many Pakistanis believe the United States will cut and run when it serves Thursday, October 1, 2009 Wednesday, September 30, 2009 our purpose, a belief which undermines our Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. ABERCROMBIE. Madam Speaker, I re- longterm efforts to defeat extremists, foster I rise today in support of S. 1707, an act to democratic change, and support transparent gret that I missed rollcall vote Nos. 740–745. authorize appropriations for fiscal years 2010 and accountable institutions that promote se- Had I been present, I would have voted ‘‘aye’’ through 2014 to promote an enhanced stra- curity and stability in Pakistan. on rollcall votes 740–741 and 743–745. I tegic partnership with Pakistan and its people. would have voted ‘‘nay’’ on rollcall vote 742. S. 1707 establishes a new, more positive However, the status quo is not working: framework for U.S.-Pakistan relations. This bill many in the United States believe we are pay- f is a bipartisan, bicameral compromise and is ing too much and getting too little—and most crucial to the success of a wide range of U.S. Pakistanis believe exactly the opposite. With- CARLSBAD MENTAL HEALTH national security and foreign policy interests, out changing this baseline, there is little likeli- CLINIC while ensuring accountability and account- hood of drying up popular tolerance for anti- ability for the assistance we give. I was an U.S. terrorist groups or persuading Pakistani original cosponsor of H.R. 1886, an earlier leaders to devote the political capital nec- HON. HARRY TEAGUE version of this legislation. H.R. 1886, was essary to deny such groups sanctuary and covert material support. OF NEW MEXICO passed by this body with bipartisan support on June 12th, and I remain unwavering in my The bill helps bridge a sustainable U.S.- IN THE HOUSE OF REPRESENTATIVES support for this assistance package to Paki- Pakistan partnership through an increased focus on public diplomacy and engagement. Thursday, October 1, 2009 stan. Like its predecessor, S. 1707 establishes a S. 1707 authorizes a new exchange program Mr. TEAGUE. Madam Speaker, I rise today set of principles that should govern the U.S.- for Pakistani civil servants and military officers to honor the Carlsbad Mental Health Center Pakistan relationship, including the actions in order to foster greater respect for and un- for their innovative use of health information that the two countries should take to maintain derstanding of the principle of civilian rule in Pakistan’s military. By building bridges to Paki- technology, which was recognized in two na- a robust, relevant and lasting relationship. The stan and its people, the legislation is intended tionally syndicated publications highlighting the bill is comprised of three titles. The first title provides Democratic, Eco- to provide a new, more positive framework for findings of a report prepared by Dr. Edward nomic and Development Assistance for Paki- U.S.-Pakistan relations. Finally, the bill author- Kako for the federal Centers of Medicare and stan; the second Title provides Security As- izes an extensive increase in military assist- Medicaid Services (CMS). sistance for Pakistan; and the third Title re- ance to help Pakistan wage an effective coun- As recently as 2007, the Carlsbad Mental quires the President to develop a regional se- terinsurgency campaign against those forces Health Center was witnessing rising costs, curity strategy; provides for enhanced moni- that threaten Pakistan’s national security. budgetary shortages and high wait times for toring, evaluation, and auditing of U.S. assist- This legislation establishes a new, more patient appointments and in-takes. The facility ance; requires a Presidential report on Paki- positive framework for U.S.-Pakistan relations. responded to these challenges by adopting an stan, including an evaluation on Pakistan’s The legislation establishes a set of principles innovative new program to harness health in- progress in counterterrorism and an assess- that should govern the U.S.-Pakistan relation- formation technology to improve efficiency and ment of whether assistance provided to Paki- ship, including the actions that the two coun- cut costs. Within a year the facility’s new prac- stan is in any way facilitating the expansion of tries should take to maintain a robust, relevant tices brought a number of successful develop- Pakistan’s nuclear weapons program; and re- and lasting relationship. ments. quires that all assistance to Pakistan be pro- Although, I believe that this bill is crucial vided through a civilian government in Paki- First, the new practices improved the quality and will be effective, it is only one piece of a stan established by free and fair elections. greater strategy. This bill did not, as I have of care for patients, while cutting wait times for Pakistan is a critical ally of the United patient appointments. The new system pro- proposed, create a militant rehabilitation pro- States. For too long, however, our relationship gram to specifically prevent youth from turning vided the staff access to more detailed infor- with Pakistan has been one of fits and starts, mation, allowing them to better diagnose and to militancy from the onset. Financial support depending on events in the region and who and job opportunities would be provided to treat patients. In addition, further research into happens to be in power in Pakistan. It is time the facilities high no-show and cancellation graduates of the rehabilitation programs as in- for us the United States to forge a truly stra- centives for steering insurgents away from rates produced new policy changes, which re- tegic partnership with Pakistan, one that goes militancy. This amendment would have greatly duced the wait time for an appointment from beyond our mutual interest today in counter- fostered counterterrorism efforts, and I hope up to 6 weeks to an average of 11 days. insurgency and counterterrorism and speaks that some of the many outstanding groups to the everyday needs of the average Paki- Second, these new practices resulted in working in Pakistan will take the initiative in stani. dramatic cost reductions. The innovative use implementing this proposal. of health information technology by the Carls- S. 1707 accomplishes these objectives. The legislation would significantly expand eco- I have been to Pakistan many times. My be- bad Mental Health Center illustrates how lief in this country and its relationship with the adopting cutting edge technologies and prac- nomic, social and democracy assistance to help lay the foundation for a stronger, more United States drove me to co-chair the Paki- tices can cut health care costs and provide stan Caucus. better service to patients. Adopting the best stable Pakistan. As requested by President Obama, this legislation triples the authorization Benazir Bhutto, shortly before her death practices for mental health care will not only said that ‘‘The next few months are critical to help the general public, but will also help our for U.S. economic, social, and democratic de- velopment assistance to Pakistan to $1.5 bil- Pakistan’s future direction as a democratic veterans who are experiencing high rates of state committed to promoting peace, fighting mental health disorders and substance addic- lion a year. This assistance promotes demo- cratic institutions in the short term. In the short terrorism and working for social justice. De- tions. This is of particular importance to me as term, it provides immediate funding for demo- mocracy is necessary to peace and to under- I believe providing veterans with the best pos- cratic institutions such as Pakistan’s par- mining the forces of terrorism.’’ I had the sible care available is among our highest obli- liament and judicial institutions. For the long pleasure of knowing the late Benazir Bhutto gations. term, this legislation enables Pakistan’s next and losing her was truly a tragedy felt beyond Madam Speaker and colleagues, please join generation by funding educational and voca- Pakistan. She made this statement over two me in recognizing and in honoring the Carls- tional opportunities for women and girls and years ago, yet is relevant today more than bad Mental Health Center’s impressive accom- religious minorities. ever. plishments and innovations in the field of men- As much as we must focus on the internal On May 19, 2009, Secretary of State Hillary tal health treatment. conflicts in Pakistan, we must not forget the Clinton announced $110 million in emergency

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A01OC8.018 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2429 assistance for the South Asia nation of Paki- how our individual online computing practices Group O, Inc. located in my district in the Vil- stan, including aid for civilians fleeing a mili- have a collective impact on our nation’s cyber lage of Milan. I would also like to commend tary offensive against Taliban militants in the security. the President for appointing and the Senate northwest. The United Nations refugee agency Cyber security vulnerabilities can signifi- for confirming the newest addition to the U.S. issued a report stating that more than 1.4 mil- cantly impact our national and economic secu- Supreme Court, Associate Justice Sonia lion people in the North West Frontier Prov- rity. Cyber warfare and cyber crime are in- Sotomayor, whose life story exemplifies the ince (NWFP) have been registered as dis- creasing in sophistication and frequency every American Dream: that with courage, deter- placed since May 2, describing the flood as day. The Department of Homeland Security mination and hard work, anyone can prosper the largest and swiftest to take place any- logged 5,499 such cyber attack incidents in and achieve success. where in the world in recent years. 2008—a 40 percent increase over the pre- Furthermore, Hispanic Americans have The newly-registered internally displaced vious year. A 2007 Government Accountability made significant contributions to the defense persons (IDP) took the total number of those Office report estimates the total U.S. business of this nation through service in all branches who have fled their homes in the SWAT valley losses due to cyberattacks exceed $117.5 bil- of the Armed Forces. Hispanics have coura- and surrounding areas to two million. lion per year. A 2009 Consumer Reports study geously defended the United States in wars I am hopeful that the $110 million in emer- found that over the past 2 years, one in five from the American Revolution through the cur- gency assistance will get to the people on the online consumers has been a victim of cyber rent conflicts in Iraq and Afghanistan. To date, ground and will be of assistance to them. It is crime. Attacks on our Federal Government forty-three Hispanic Americans have received important that the people of Pakistan see that networks this summer served as a recent re- the Congressional Medal of Honor, the na- the aid is coming from America to give a face minder that we must remain vigilant in com- tion’s highest award for valor in action against to this aid. It is essential to global security and bating cyber incidents. an enemy force. the security of the United States. Through the help of the Obama administra- In Silvis, Illinois there is a block-and-a-half- The surge of IDPs followed the launch of a tion, cyber security is finally gaining the much long street with twenty-five homes that was military offensive in late April. President Asif needed attention it deserves both in the Fed- originally settled by Mexican immigrants in the Ali Zardari acted after U.S. officials stepped up eral Government and the private sector. The earlier part of the twentieth century. This warnings that Islamabad’s willingness to tol- White House’s Cyberspace Policy Review, street, appropriately renamed Hero Street erate and negotiate peace deals with the mili- published this May, recommends that the gov- USA, has, sent more than 110 men and tants was endangering both Pakistan and the ernment initiate a national public awareness women to serve in the U.S. armed forces, wider region. The Taliban fighting spread to and education campaign to promote cyber se- more than any other American street of com- NWFP districts and SWAT. curity. The President will soon name a Na- parable size anywhere in our country. Their President Obama’s new approach to Paki- tional Cyber Security Coordinator, the first unselfish defense of this nation and its values stan is different than anything that has been such White House post. is representative of the strength, hard work tried before. America has expressed that it will As chairwoman of the Homeland Security and love of family and country demonstrated support the democratically-elected government Subcommittee on Emerging Threats, Cyberse- by the Hispanic community in the United and it will have a clear and transparent rela- curity and Science and Technology, I am States. tionship. This bill has the support of the Presi- doing my part to oversee government’s role in Additionally, I am proud to have Joe dent, Secretary Clinton, Secretary Gates, Ad- securing cyberspace. Earlier this year I held a Terronez among my constituency, who in miral Mullen, and Senators KERRY and LUGAR. series of hearings on our Nation’s cyber secu- 1967 was elected to the city council in Silvis In conclusion, I urge you to support S. 1707, rity posture and the various vulnerabilities in and later became Illinois’s first Hispanic which seeks to and effectively establishes a our critical information infrastructure. This mayor. new, more positive and enduring framework month I will host a series of events geared to Madam Speaker, I ask my colleagues to for U.S.-Pakistan relations. This legislation is educate Hill staff on this important national continue this national celebration which was timely. It is bipartisan. It is accountable. It is and economic security issue. first started by the 100th Congress and join effective. f me in honoring the histories, cultures and con- f tributions of Hispanic Americans during His- NATIONAL HISPANIC HERITAGE panic Heritage Month. SIXTH ANNUAL NATIONAL CYBER MONTH f SECURITY AWARENESS MONTH HON. PHIL HARE PROVIDING FOR CONSIDERATION OF CONFERENCE REPORT ON HON. YVETTE D. CLARKE OF ILLINOIS LEGISLATIVE BRANCH APPRO- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES PRIATIONS ACT, 2010 IN THE HOUSE OF REPRESENTATIVES Thursday, October 1, 2009 Thursday, October 1, 2009 Mr. HARE. Madam Speaker, I proudly rise SPEECH OF Ms. CLARKE. Madam Speaker, I rise in today in observance of Hispanic Heritage HON. HARRY TEAGUE support of the sixth annual National Cyberse- Month to honor the culture, traditions and con- OF NEW MEXICO curity Awareness Month, which kicks off today. tributions of the Hispanic community both in IN THE HOUSE OF REPRESENTATIVES The goal of National Cyber Security Aware- my home state of Illinois and in the country as ness Month is to show everyday Internet users a whole. Friday, September 25, 2009 that by taking simple steps, they can safe- What began as Hispanic Heritage Week in Mr. TEAGUE. Madam Speaker, I am very guard themselves from the latest online 1968 under President Johnson was expanded disappointed that the leadership of this House threats and respond to potential cyber crime in 1988 when Illinois Senator Paul Simon in- has put us in the unfortunate position of voting incidents. troduced legislation to lengthen the celebration on legislation that combines the Legislative I commend the National Cyber Security Divi- to National Hispanic Heritage Month. Begin- Branch Appropriations bill and the Continuing sion (NCSD) of the Department of Homeland ning each year on September 15, Hispanic Resolution. Security (DHS), the National Cyber Security Heritage Month falls during the independence First, I am against this Legislative Branch Alliance (NCSA), the Multi-State Information anniversaries of several Latin American coun- Appropriations bill. I am against Congress in- Sharing and Analysis Center (MS–ISAC) and tries, and celebrates those Americans whose creasing its own budget while small busi- their partners for sponsoring National Cyber ancestors came from Spain, Mexico, the Car- nesses around the country tighten their belts. Security Awareness Month again this year. ibbean, and Central and South America. Companies in my district are cutting hours and This year, the theme of National Cyber Se- Today, Hispanic Americans are the largest cutting costs. Workers are losing their jobs. curity Awareness Month is ‘‘Our Shared Re- minority group within the United States. And But Congress is paying its staff $74 million sponsibility.’’ Ultimately, our cyber infrastruc- throughout our history, the Hispanic commu- more than last year. We have our priorities ture is only as strong as the weakest link. In nity has made invaluable contributions to our backward. I voted against the Legislative this digital age, we are all connected. No indi- history and national character in the areas of Branch Appropriations bill when it came up in vidual, business, or government entity is solely government and politics, science, business, the House, and I have no interest in sup- responsible for cyber security. Everyone must and the arts. porting the conference report. make sure to employ safe and secure com- Of the 500 largest Hispanic-owned busi- Second, I oppose this corruption of the leg- puting practices. We all need to understand nesses, twenty are located in Illinois, including islative process. My colleagues and I should

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A01OC8.021 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2430 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 have the opportunity to say ‘‘no’’ to more those in need. I would also like to commend NON-COMMISSIONED OFFICERS money for our own offices without opposing my colleague and friend, Congressman ENI WHO SERVE OUR NATION IN THE needed increases for our veterans. This isn’t FALEOMAVAEGA for his quick response to this U.S. ARMY the way to do business. terrible tragedy. His leadership during this dif- Third, I regret that the first appropriations ficult time will undoubtedly help the people of priority of this Congress is the legislative American Samoa and Samoa rebuild the Pa- HON. SPENCER BACHUS branch. While spending bills to support vet- cific islands and restore it back to its beautiful OF ALABAMA erans, border security, and our men and heritage. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, the coming weeks and women in uniform languish, we are sending a Thursday, October 1, 2009 bill to increase our allowances to the Presi- months will be a very trying time for all those dent. Our veterans should be first in line, not affected by these natural disasters. I wish the Mr. BACHUS. Madam Speaker, it is with us. people of American Samoa and Samoa as great pride and admiration that I rise today to Because of this failure, the U.S. Department well as Indonesia a safe recovery. honor the Non-Commissioned Officers from of Veterans Affairs will, for the tenth time in 11 f the great state of Alabama who serve our Na- tion in the United States Army. years, get its budget late. Late funding threat- RECOGNITION OF CITY YEAR NEW ens the quality of care at the VA and hinders YORK ON OPENING DAY NCOs from the my state have served in de- the VA’s ability to recruit well-trained medical fense of our freedoms, in support of our de- professionals, maintain facilities, and acquire mocracy, and in service to the citizens of the new equipment. HON. CHARLES B. RANGEL state of Alabama during times of natural disas- OF NEW YORK During testimony before the Senate Vet- ters and to our Nation in times of national IN THE HOUSE OF REPRESENTATIVES erans’ Affairs Committee on July 27, 2007, emergencies at home and abroad. former VA medical center directors stated that Thursday, October 1, 2009 Since 9/11, Army Reservists from Alabama most VA budget cycles began via a continuing Mr. RANGEL. Madam Speaker, I rise in have deployed over 6,000 times and members resolution. As a result, decisions were made honor of City Year and especially City Year of the Alabama Army National Guard have on the basis of cost rather than on the basis New York to celebrate the Opening Day of the made over 15,000 deployments to the Global of the highest quality. The expression, ‘‘a day ’09–’10 City Year class. Tomorrow is Opening War on Terror, many for the second, third, and late, a dollar short,’’ comes to mind. Day for all 19 City Year sites, deploying 1,500 fourth time. By passing advanced appropriations for vet- corps members in service to our country’s The U.S. Army has designated 2009 as the erans in this year’s budget, we will make sure high-need schools, including those in my dis- ‘‘Year of the NCO’’ to pay tribute to the leader- the VA isn’t playing a waiting game with its trict. ship qualities and contributions of the Non- budget next year. But that doesn’t mean we The ’09–’10 City Year New York class has Commissioned Officers charged with exe- can fall down on the job of supporting our na- more than 230 young leaders representing 38 cuting the military organization’s mission and tion’s veterans this year. We should be pass- out of the 50 states, bringing a diverse group training for personnel and equipment mainte- ing legislation to support our veterans, not of service-oriented individuals to help New nance that make their units function. Those this. York’s children succeed. Being from the great values are embodied in the NCO Creed, which f state of New York, I am proud that City Year reads: New York runs the largest City Year program EXPRESSING CONDOLENCES TO No one is more professional than I. I am a in the country. Non-Commissioned Officer, a leader of sol- THE PEOPLE OF AMERICAN I admire City Year for its continued service SAMOA, SAMOA AND INDONESIA diers. As a Non-Commissioned Officer, I real- and dedication to our New York communities. ize that I am a member of a time honored IN THE AFTERMATH OF THE Its goals to help students and schools suc- corps, which is known as ‘The Backbone of EARTHQUAKES AND TSUNAMI ceed, build stronger communities, break down the Army’. I am proud of the Corps of Non- DEVASTATION social barriers, develop young leaders, and Commissioned Officers and will at all times foster active citizenship are what lead to make conduct myself so as to bring credit upon the HON. ALCEE L. HASTINGS our nation’s youth better equipped for tomor- Corps, the Military Service and my country regardless of the situation in which I find OF FLORIDA row’s challenges. City Year New York does myself. I will not use my grade or position to IN THE HOUSE OF REPRESENTATIVES these things and more at several schools in attain pleasure, profit, or personal safety; Thursday, October 1, 2009 my community of Harlem, including Vito Competence is my watchword. My two Marcantonio, James Weldon Johnson, Luis basic responsibilities will always be upper- Mr. HASTINGS of Florida. Madam Speaker, Munoz Rivera, and Jose Celso Barbosa ele- most in my mind—accomplishment of my I rise today to express my deep condolences mentary schools, and Jackie Robinson and mission and the welfare of my soldiers. I will to the people of American Samoa and Samoa John S. Roberts middle schools. strive to remain technically and tactically on Tuesday suffered a devastating tsunami Education is the most critical factor for de- proficient. I am aware of my role as a Non- triggered by a powerful earthquake of 8.0 on termining the future well-being of our children. Commissioned Officer. I will fulfill my re- the Richter scale. The destructive path of the President Obama, City Year, and our partners sponsibilities inherent in that role. All sol- tsunami has flattened villages and caused the recognize that we cannot afford to fail in this diers are entitled to outstanding leadership; deaths of over a hundred people. I am truly I will provide that leadership. I know my sol- area because our economy and, more impor- diers and I will always place their needs saddened by this devastating turn of events. tantly, a united democracy depend on it. City above my own. I will communicate consist- My thoughts and prayers are with the victims’ Year recognizes this success requires a whole ently with my soldiers and never leave them families during this most difficult time. community effort and serves our students with uninformed. I will be fair and impartial when While hundreds of people are being treated a team comprised of government officials, recommending both rewards and punish- for injuries and as rescue efforts continue, I school staffs, corporate partners, and youth ment; am glad to see that relief supplies are getting leaders. Officers of my unit will have maximum to the Pacific islands right away. Harlem was able to provide space for corps time to accomplish their duties; they will Madam Speaker, I also would like to extend training at The Minisink Town House of the not have to accomplish mine. I will earn my condolences to the people of western In- New York Mission Society. I am pleased that their respect and confidence as well as that of my soldiers. I will be loyal to those with donesia who regrettably suffered a powerful community partnerships like these, and the whom I serve; seniors, peers, and subordi- earthquake on Wednesday, where at least support of corporate partnerships, will ensure nates alike. I will exercise initiative by tak- 1,100 people have been killed. The aftermath that City Year New York is able to continue its ing appropriate action in the absence of or- of this earthquake has caused landslides and efforts and succeed in Harlem. ders. I will not compromise my integrity, trapped thousands under buildings, including Let’s continue to applaud and support City nor my moral courage. I will not forget, nor two hospitals. I send my deepest sympathies Year, especially City Year New York, and all will I allow my comrades to forget that we to the families who have lost loved ones from service organizations as they continue building are professionals, Non-Commissioned Offi- this devastating earthquake. better communities. I call upon my fellow cers, leaders! The valiant efforts of local authorities and Members of Congress to join me in cele- It is an honor to draw attention to these the Red Cross to rescue victims must not go brating the Opening Day for these 1,500 corps brave soldiers, and I commend Alabama’s unnoticed. These brave individuals are on the members as they embark on their missions of Army Non-Commissioned Officers for their frontline and face many grave dangers to help service. service to our State and the Nation.

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A01OC8.024 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2431 RESOLUTION HONORING THE LIFE for these reasons that I ask my colleagues to funding is for routine operation and mainte- OF MICHAEL SHIMANSKY join me in honoring the memory of Michael nance, as well as work on U.S. Highway 67. Shimansky in sending our thoughts and pray- This request is consistent with the intended HON. JERRY McNERNEY ers to his beloved family and friends. and authorized purpose of the U.S. Army OF CALIFORNIA f Corps of Engineers, MR&T Operations and IN THE HOUSE OF REPRESENTATIVES Maintenance Account. HONORING THE LONG VALLEY Project Name: Bois Brule Drainage and Thursday, October 1, 2009 WOMAN’S CLUB Levee District, MO Mr. MCNERNEY. Madam Speaker, today I Bill Number: H.R. 3183 ask my colleagues to join me in honoring the HON. RODNEY P. FRELINGHUYSEN Account: Construction life of Michael Shimansky, who passed away OF NEW JERSEY Legal Name of Requesting Entity: Bois peacefully at age 65 on September 15, 2009. IN THE HOUSE OF REPRESENTATIVES Brule Levee and Drainage District of Perry Mike Shimansky was the longest serving County, MO member of the Danville Town Council since Thursday, October 1, 2009 Address of Requesting Entity: P.O. Box 347, the town’s incorporation in 1982. He was Mr. FRELINGHUYSEN. Madam Speaker, I Perryville, MO 63775 elected in 1989 and served for 20 years with rise today to honor the Long Valley Woman’s Description of Request: Provide an earmark a deep rooted sense of public service and Club in Morris County, New Jersey, which is of $1,938,000 to continue work on a flood strong belief in giving back to the community celebrating its 95th Anniversary this year. damage reduction and deficiency correction in which he lived. I knew Mike on a personal Originally named the ‘‘Home Bureau,’’ The project conducted by the U.S. Army Corps of basis, and he was a warm and genuine man. Long Valley Woman’s Club was founded in Engineers. Approximately, $400,000 to award His passion for public service extended be- 1914 by a group of twelve dedicated commu- a contract for the Missouri Chute pump sta- yond his role as a Danville Town Council nity leaders at the home of Mrs. Frank Castle, tion; $420,000 to complete exploration and de- member. He was well known for officiating who served as their first president. The sign of relief wells; and $1,118,000 to con- local soccer games, lacrosse games and track women met regularly for monthly ‘‘Meet and struct additional relief wells. This request is meets. I remember Mike as a fixture at events Eat’’ sessions, at which they would dine, while consistent with the intended and authorized to raise money for positive causes, such as sharing recipes with each other. purpose of the U.S. Army Corps of Engineers, presiding over Primo’s Run for Education, and The Long Valley Woman’s Club eventually Construction General Account. the Hats Off America Run, which raises transformed into a service-based organization, Project Name: Cape Girardeau (Floodwall), money for the benefit of surviving families of providing valuable support for the community. MO our fallen soldiers. Most notably, the Long Valley Woman’s Club Bill Number: H.R. 3183 Mr. Shimansky also represented the town of was responsible for providing the Washington Account: Construction Danville through appointments to numerous Township Fire Company with its first alarm Legal Name of Requesting Entity: City of other boards, committees and commissions. system, donating essential life-saving equip- Cape Girardeau Address of Requesting Entity: 401 Inde- He was currently serving on the Central ment to the local first aid squad, and contrib- pendence Street, Cape Girardeau, MO 63703 Contra Costa Solid Waste Authority, Contra uting funds for the building of a hospital. The Description of Request: Provide an earmark Costa Transit Authority, and San Ramon Val- club also led the charge for establishing of $183,000 to continue work on a flood dam- ley Disaster Council; and as the Contra Costa Washington Township’s first free public library. age reduction project conducted by the U.S. Mayors’ Conference appointee on the S.F. The Long Valley Woman’s Club has a long- Army Corps of Engineers. The $183,000 will Bay Area Air Quality Management District standing tradition of providing clothing, food, be used to complete the rehabilitation of the Board and the East Bay Regional Park District and monetary donations to those in need, as floodwall. This request is consistent with the Advisory Committee and the Elections Citizen well as scholarships and awards to hard-work- intended and authorized purpose of the U.S. Advisory Committee. Prior to his election to ing young people in the community. Army Corps of Engineers, Construction Gen- the town council, Mr. Shimansky served as a In 1930, the Long Valley Woman’s Club was eral Account. member of the town’s inaugural Parks and recognized for its outstanding volunteer serv- Project Name: Clearwater Lake, MO (Seep- Leisure Services Commission. ices when it became a member of the New age Control) Mike was also a friend to our veterans in Jersey State Federation of Women’s Clubs Bill Number: H.R. 3183 the San Ramon Valley. As a member of the and the General Federation of Women’s Account: Construction Danville Park and Leisure Services Commis- Clubs. Legal Name of Requesting Entity: City of sion, he was instrumental in the establishment Madam Speaker, I ask you and my col- Piedmont of the All Wars Memorial at Oak Hill Park. A leagues to join me in congratulating the mem- Address of Requesting Entity: 115 West local veterans organization, the Vietnam Vet- bers of the Long Valley Woman’s Club as they Green Street, Piedmont, MO 63957 erans of Diablo Valley described him as, ‘‘a celebrate 95 dedicated years of serving our Description of Request: Provide an earmark truly outstanding and dedicated—beloved man community. of $37,791,000 for Clearwater Major Rehabili- of the community—in which he served and f tation Project to continue work on a flood con- lived.’’ trol project conducted by the U.S. Army Corps EARMARK DECLARATION Michael Shimansky’s passion for public of Engineers. The $37,791,000 will be used to service did not stop at home. In addition to complete Phase I(b) construction and continue being deeply involved in the local community, HON. JO ANN EMERSON Phase II to construct a cutoff wall. This re- he volunteered to help his fellow citizens dur- OF MISSOURI quest is consistent with the intended and au- ing times of national crisis, by going to New IN THE HOUSE OF REPRESENTATIVES thorized purpose of the U.S. Army Corps of Orleans to join the American Red Cross’ ef- Thursday, October 1, 2009 Engineers, Construction General Account. forts in both the aftermath of Hurricane Katrina Project Name: Mississippi River Levees, in 2005, and during the wildfires that dev- Mrs. EMERSON. Madam Speaker, pursuant AR, IL, KY, LA, MS, MO & TN astated many homes and communities in San to the House Republican standards on ear- Bill Number: H.R. 3183 Diego County in 2007. marks, I am submitting the following informa- Account: MRT—Construction Mike was a valued and respected leader tion in regards to H.R. 3183, the Fiscal Year Legal Name of Requesting Entity: Bootheel who touched the lives of many and improved 2010 Energy and Water Appropriations Bill. Regional Planning and Economic Develop- the quality of life in Danville for decades to Project Name: Wappapello Lake, MO ment Commission come. He always worked for the common Bill Number: H.R. 3183 Address of Requesting Entity: 105 E. North good and led by example. In the words of one Account: MRT—Operations and Mainte- Main Street, Dexter, MO 63841 of his fellow council members, ‘‘People loved nance Description of Request: Provide an earmark him for his work ethic. Every decision he Legal Name of Requesting Entity: City of of $44,702,000 for Mississippi River Levees made, he had the people of Danville in mind.’’ Poplar Bluff, Missouri (MR&T) to continue work on flood protection Michael Shimanksy’s efforts as a volunteer Address of Requesting Entity: 101 Oak St. projects conducted by the U.S. Army Corps of and unwavering dedication to public service Poplar Bluff, Missouri 63901 Engineers. This request is consistent with the leave a legacy that will continue to benefit the Description of Request: Provide an earmark intended and authorized purpose of the U.S. people of Danville, the State of California and of $5,232,000 for Wappapello Lake, MO Army Corps of Engineers, Mississippi River our great Nation for generations to come. It is MR&T Operations and Maintenance. This and Tributaries, Construction Account.

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A01OC8.028 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2432 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 Project Name: St. John’s Bayou and New Project Name: New Madrid Harbor (Mile BOY SCOUTS OF AMERICA MEN- Madrid Floodway, Missouri 889), Missouri TORS AND VOLUNTEERS HON- Bill Number: H.R. 3183 Bill Number: H.R. 3183 ORED WITH STATUE IN RIVER- Account: MRT—Construction FRONT PARK; SPOKANE, WA Legal Name of Requesting Entity: St. John’s Account: Operations and Maintenance Levee and Drainage District of Missouri Ad- Legal Name of Requesting Entity: City of HON. CATHY McMORRIS RODGERS New Madrid, Missouri dress of Requesting Entity: P.O. Box 40, New OF WASHINGTON Madrid, MO 63869 Address of Requesting Entity: P.O. Box 96, IN THE HOUSE OF REPRESENTATIVES Description of Request: Provide an earmark New Madrid, MO 63869 Thursday, October 1, 2009 of $200,000 for the St. John’s Bayou and New Description of Request: Provide an earmark Mrs. MCMORRIS RODGERS. Madam Madrid Floodway. This funding will be used to of $240,000 for the New Madrid Harbor Mile Speaker, I rise today to recognize the dedica- conduct NEPA activities. This request is con- 889 for annual maintenance of the navigation tion and commitment to service exemplified by sistent with the intended and authorized pur- channel conducted by the U.S. Army Corps of the mentors and volunteers of the Boy Scouts pose of the U.S. Army Corps of Engineers, Engineers. Approximately $240,000 will be of America and to commemorate the installa- MR&T Construction Account. used to dredge the harbor. This request is Project Name: Clearwater Lake, Missouri tion of a statue, dedicated in honor of these consistent with the intended and authorized Bill Number: H.R. 3183 mentors and volunteers, in Riverfront Park in purpose of the U.S. Army Corps of Engineers, Account: Operations and Maintenance Spokane, Washington. Legal Name of Requesting Entity: City of Operations and Maintenance Account. The support and assistance of the commu- Piedmont, Missouri Project Name: Little River Diversion, nity and those directly associated with the Boy Address of Requesting Entity: 115 West Dutchtown, Missouri Scouts has made this project a reality. Over Green Street, Piedmont, MO 63957 Bill Number: H.R. 3183 the course of three years, funds were raised Description of Request: Provide an earmark Account: Section 205 and a location secured for the installation of of $2,827,000 for Operation and Maintenance the ‘‘Footsteps of the Future’’ statue honoring of Clearwater Lake. This request is consistent Legal Name of Requesting Entity: Little the volunteers and mentors involved with the with the intended and authorized purpose of River Drainage District Boy Scouts of America. A gift from Troop 325 the U.S. Army Corps of Engineers, Operations Address of Requesting Entity: P.O. Box 159 and the Inland Northwest Council of the Boy and Maintenance Account. Cape Girardeau, MO 63702 Scouts to the City of Spokane, this bronze Project Name: St. Francis Basin, AR & MO Description of Request: The Little River Di- statue, over seven feet in height, is inspired by Bill Number: H.R. 3183 version project will be funded at the discretion the National Boy Scouts of America statuette Account: MRT—Operations and Mainte- of the U.S. Army Corps of Engineers, through that is oftentimes given to those attaining nance Section 205 funds. This request is consistent Eagle Scout rank. The models for the statue Legal Name of Requesting Entity: The Little with the intended and authorized purpose of are two Boy Scouts from Troop 325; the older River Drainage District the U.S. Army Corps of Engineers, Section Scout is depicted pointing the way for the Address of Requesting Entity: 1440 Kurre 205 account. younger Scout. Lane, Cape Girardeau, MO 63701 However, perhaps the greatest impetus be- Description of Request: Provide an earmark Project Name: Mississippi River Levees, AR, IL, KY, LA, MS, MO & TN hind this project was the inspired service of a of $9,509,000 for St. Francis River and Tribu- Spokane-area man who devoted nearly 40 taries, AR & MO Maintenance. This funding Bill Number: H.R. 3183 years of his life mentoring the youth in our will be used for land and damages, cultural re- Account: MRT—Operations and Mainte- community as a Boy Scout leader. Dean sources, engineering, design, construction nance Dinnison, former Scoutmaster of Troop 325, management and operate and maintain two Legal Name of Requesting Entity: Bootheel served honorably with the United States Ma- pumping stations. This request is consistent Regional Planning and Economic Develop- rine Corps for four years during World War II. with the intended and authorized purpose of ment Commission It is fitting, then, that the statue honoring his the U.S. Army Corps of Engineers, MR&T commitment to service and that of countless Maintenance Account. Address of Requesting Entity: 105 E. North Main Street, Dexter, MO 63841 other mentors and volunteers should be Project Name: Caruthersville Harbor, Mis- placed at the western-most edge of Riverfront Description of Request: Provide an earmark souri Park, in the Veterans Park. Bill Number: H.R. 3183 of $11,311,000 for Mississippi River Levees Madam Speaker, as we recognize 100 Account: Operations and Maintenance (MR&T) to continue work on flood protection years of Scouting in America this year, I be- Legal Name of Requesting Entity: Pemiscot projects conducted by the U.S. Army Corps of lieve the ongoing service of our Nation’s Boy County Port Authority Engineers. This request is consistent with the Scouts and the mentors and volunteers who Address of Requesting Entity: 619 Ward Av- intended and authorized purpose of the U.S. help shape them as leaders in our commu- enue, Caruthersville, MO 63830 Army Corps of Engineers, Mississippi River Description of Request: Provide an earmark nities deserves recognition. It is my hope that and Tributaries, Operations and Maintenance this statue, like the two boys it is modeled of $482,000 for Caruthersville Harbor for an- Account. nual maintenance of the navigation channel after and the man who inspired its creation, will serve to inspire future generations of our conducted by the U.S. Army Corps of Engi- f neers. Approximately $482,000 is for dredging Nation’s youth to a vibrant life of civic involve- the harbor to authorized levels. This request is PERSONAL EXPLANATION ment. I invite my colleagues to join me in hon- consistent with the intended and authorized oring the volunteers, mentors, and Scouts of purpose of the U.S. Army Corps of Engineers, the Boy Scouts of America and in commemo- Operations and Maintenance Account. HON. LAURA RICHARDSON rating the dedication of the ‘‘Footsteps to the Future’’ statue. Project Name: New Madrid Harbor, Missouri OF CALIFORNIA Bill Number: H.R. 3183 f IN THE HOUSE OF REPRESENTATIVES Account: Operations and Maintenance PERSONAL EXPLANATION Legal Name of Requesting Entity: New Ma- Thursday, October 1, 2009 drid County Port Authority Address of Re- questing Entity: 435 Main Street, New Madrid, Ms. RICHARDSON. Madam Speaker, on HON. DANNY K. DAVIS OF ILLINOIS MO 63869 Tuesday, September 29, 2009, I was unavoid- IN THE HOUSE OF REPRESENTATIVES Description of Request: Provide an earmark ably detained and thus missed rollcall vote No. of $400,000 for the New Madrid County Har- 740. Thursday, October 1, 2009 bor for annual maintenance of the navigation Had I been present I would have voted as Mr. DAVIS of Illinois. Madam Speaker, I channel conducted by the U.S. Army Corps of follows: On rollcall No. 740, Motion to Sus- was unable to cast votes on the following leg- Engineers. Approximately $400,000 is for pend the Rules and Pass H.R. 905, as islative measures on September 29, 2009. If I dredging the harbor. This request is consistent amended, ‘‘Thunder Bay National Marine were present for rollcall votes, I would have with the intended and authorized purpose of Sanctuary and Underwater Preserve Boundary voted Yea on each of the following: the U.S. Army Corps of Engineers, Operations Modification Act of 2009,’’ I would have voted Roll 740, September 29, 2009: On Motion to and Maintenance Account. ‘‘aye.’’ Suspend the Rules and Pass, as Amended:

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A01OC8.030 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2433 H.R. 905, Thunder Bay National Marine Sanc- ability Office, GAO, and the Ryan White AIDS are losing their health care, their homes, their tuary and Underwater Preserve Boundary Program. I cannot, however, support the inclu- jobs, their pensions, their investments. I sup- Modification Act. sion of approximately $10.8 billion in war fund- port the Legislative Branch Appropriations bill Roll 741, September 29, 2009: On Motion to ing and as such, I oppose the bill. by itself. I cannot support it when it is used as Suspend the Rules and Agree: H. Res. 16, As an ardent supporter of the U.S. Postal a vehicle for perpetuating the Iraq and Afghan- Supporting the goals and ideals of National Service, USPS, I commend the inclusion of istan wars. Life Insurance Awareness Month. provisions in this bill that would reduce the f Roll 742, September 29, 2009: On Motion to amount USPS must contribute to the Postal Instruct Conferees: H.R. 2997, Making appro- Service Retiree Health Benefits Fund to $1.5 HONORING COMMANDER SETH priations for Agriculture, Rural Development, million from $5.4 million, ensuring its survival FOSTER HUDGINS III, UNITED Food and Drug Administration, and Related through the end of this month. Congress has STATES NAVY, FOR 22 YEARS OF Agencies programs for the fiscal year ending a responsibility to the communities it rep- HONORABLE SERVICE September 30, 2010, and for other purposes. resents to ensure that the USPS and the irre- f placeable services it provides as a universal HON. ILEANA ROS-LEHTINEN mail delivery service are maintained. OF FLORIDA FISCAL NEW YEAR This legislation appropriately increases the IN THE HOUSE OF REPRESENTATIVES funding for the U.S. Census Bureau to $7.1 Thursday, October 1, 2009 HON. MIKE COFFMAN billion to ensure that the agency can meet the OF COLORADO demands of the upcoming census in 2010. Ms. ROS-LEHTINEN. Madam Speaker, I am IN THE HOUSE OF REPRESENTATIVES The census is vital in fulfilling our Constitu- pleased to recognize CDR Seth Foster tional duties under Article 1, Section 2, which Hudgins III, United States Navy. Commander Thursday, October 1, 2009 are intended to ensure that the people have Hudgins is retiring from the Navy after 22 Mr. COFFMAN of Colorado. Madam Speak- equal representation in government at the years of honorable service as a commissioned er, Happy New Year. state and federal level. I also fully support the officer. Commander Hudgins is the eldest son Today is October first, the start of the 2010 provisions in this bill providing $328 million for of Seth and Joy Hudgins of Cornwall, NY and Fiscal Year. That means it is also Fiscal New the dedicated men and women of the U.S. is a 1987 graduate of the United States Naval Year. Capitol Police and $572 million for the GAO. Academy. Shortly after graduation, Com- My short time here in Washington has con- I strongly oppose the inclusion of funding for mander Hudgins entered U.S. Navy under- vinced me that many inside the Beltway are the wars in Iraq and Afghanistan in this bill. graduate flight training, and in 1989, he out of touch with the real day-to-day lives of The war in Iraq was based on false intel- earned Naval Aviator wings as a jet pilot. those in the rest of the country. ligence and an inaccurate, government spon- Since that time, Commander Hudgins has So we should do what many Americans do, sored, propaganda campaign. This body was served his country in many different capac- and use the New Year as an opportunity to re- given a mandate by the American people in ities, most notably serving as his squadron’s assess how we are doing, and to make reso- 2006 to get out of Iraq. Congress has the abil- Operations Officer and Acting Executive Offi- lutions to improve our behavior. ity, through the power of the purse, to end the cer in Operation Enduring Freedom. Through- Today, I offer some Fiscal New Year Reso- occupation of Iraq and bring all troops and out his sterling service to our Nation, Com- lutions for Congress: contractors home immediately. Failure to do mander Hudgins has been awarded the De- Number One: Balance the budget. so continues to put our brave and honorable fense Meritorious Service Medal, the Meri- CBO estimates that the 2009 deficit will be troops in harm’s way. torious Service Medal, two Air Medals, and the 1.6 trillion dollars, and the cumulative deficit I also oppose dedicating more resources to Armed Forces Expeditionary Medal, among over the next ten years will equal 9.1 trillion Afghanistan. The people of Afghanistan are others. He has accumulated over 3000 flight dollars. suffering horribly from 8 years of war. During hours and more than 500 carrier landings. Number Two: Lower our debt. that time, the Afghan central government has Commander Hudgins has served our great Even if we stop deficit spending, we already become increasingly corrupt and has failed to country with honor and distinction. I wish him carry 11 trillion in debt. We should be ad- meet the needs of the Afghan people. and his wife Jennifer all the best as he retires dressing this burden, not increasing it. Violence in Afghanistan continues to grow. from the Navy and continues to serve our na- Number Three: Act responsibly. The United Nations General Assembly Secu- tion at the Joint Interagency Task Force South We need to make sure Congress can and rity Council reports ‘‘an average of 898 inci- in Key West. does read the bills they pass. We need time dents in the first seven months of 2009, com- f to study and evaluate them before a vote. pared to 677 during the same time frame in Number Four: Study economics. 2008. Incidents involving improvised explosive ENHANCED PARTNERSHIP WITH Congress obviously needs some lessons in devices have risen dramatically, to an average PAKISTAN ACT OF 2009 how markets work. We need to recognize that of more than eight per day, 60 per cent higher SPEECH OF Government control in what should be the pri- than the average during the first seven months vate sector destroys efficiencies. We need to of 2008. Complex attacks now average one HON. AL GREEN reward success, not bail-out failure. And we per month compared to one per quarter in OF TEXAS need to understand that government competi- 2008.’’ This past August was reported to be IN THE HOUSE OF REPRESENTATIVES tion destroys markets. the ‘‘deadliest month since the beginning of Wednesday, September 30, 2009 Madam Speaker, I hope Congress can so 2009.’’ resolve. I am also dismayed by the inclusion of lan- Mr. AL GREEN of Texas. Mr. Speaker, I f guage that unilaterally bars all funding for As- rise in strong support of S. 1707, the En- sociation of Community Organizations for Re- hanced Partnership with Pakistan Act of 2009, MOTION TO GO TO CONFERENCE form Now, ACORN. I have serious concerns a bipartisan bill designed to forge a true stra- ON H.R. 2918, LEGISLATIVE that such language constitutes a bill of attain- tegic partnership with Pakistan and its people, BRANCH APPROPRIATIONS ACT, der. The Constitution expressly prohibits Con- strengthen its democratic government, and 2010 gress from legislatively punishing an individual support Pakistan so it may become a force for or specific class of people, and I believe that stability in a volatile region. SPEECH OF this action is an effort to circumvent the pro- This legislation triples the authorization for HON. DENNIS J. KUCINICH tection that the Constitution affords to all peo- U.S. economic, social, and democratic devel- OF OHIO ple and organizations. This country has a ro- opment assistance to Pakistan to $1.5 billion IN THE HOUSE OF REPRESENTATIVES bust judicial system that has been created a year for fiscal years 2010 through 2014. The precisely for this purpose; we ought to let it do bill provides that this aid be provided with a Wednesday, September 23, 2009 its job. If a crime has been committed, we particular focus on strengthening democratic Mr. KUCINICH. Madam Speaker, I strongly should prosecute the people who have com- institutions, promoting economic development, support many provisions in H.R. 2918, the mitted that crime. and improving Pakistan’s public education sys- Legislative Branch Appropriations Act of 2009, Congress and the American public simply tem. including funding for the Census Bureau, the will not tolerate an open-ended commitment of The bill also authorizes military assistance U.S. Capitol Police, the Government Account- money and troops while millions of Americans to Pakistan to help it disrupt and defeat al

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A01OC8.034 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2434 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 Qaeda and relevant insurgent elements, and capital and made high risk investments can have maintained a constant state of vigilance requires that such assistance be focused pri- secure and develop geothermal discoveries. 24 hours a day, seven days a week, per- marily on helping Pakistan with its critical Additionally, it will help add renewable, do- forming vital operations, maintenance and se- counterinsurgency and counterterrorism ef- mestically produced energy resources to the curity missions across the missile fields in forts. American consumers’ electricity supply. I be- areas that to the untrained eye look just like The security of Pakistan and the United lieve that this is an important issue and I hope any other place in America. This is a mission States is closely linked. We cannot succeed in that the House will soon consider this legisla- that demands a constant level of alert to re- defeating al Qaeda by ourselves. Therefore, it tion. spond in an instant should it ever become is critically important that we develop a robust, f necessary to employ our arsenal. This con- long-term relationship with our strategic part- stant vigilance has served America so well in ners to prevail against those who threaten our HONORING OUR NATION’S ICBM the past is poised to continue well into the fu- national security. FORCE ON ITS 50TH ANNIVERSARY ture. I know my fellow Members of the House S. 1707 is an essential tool in our efforts to of Representatives will join me in congratu- dismantle terrorism and underscores the HON. EARL POMEROY lating the Air Force’s 50 years of commitment United States’ long-term commitment to the OF NORTH DAKOTA to the ICBM mission with the highest stand- people of Pakistan. IN THE HOUSE OF REPRESENTATIVES ards of performance. I urge my colleagues to join me in sup- Thursday, October 1, 2009 f porting S. 1707, the Enhanced Partnership with Pakistan Act of 2009. Mr. POMEROY. Madam Speaker, I would ANTHONY P. DEANGELO f like to recognize the 20th Air Force as we pre- pare to celebrate the 50th anniversary of the HON. MIKE QUIGLEY GEOTHERMAL PRODUCTION nation’s nuclear Intercontinental Ballistic Mis- OF ILLINOIS EXPANSION ACT sile (ICBM) force. I have had the privilege of IN THE HOUSE OF REPRESENTATIVES working with the Airmen who maintain this crit- HON. JAY INSLEE ical piece of our nuclear triad throughout my Thursday, October 1, 2009 OF WASHINGTON career in Congress and have seen first hand Mr. QUIGLEY. Madam Speaker, today I rise IN THE HOUSE OF REPRESENTATIVES the commitment and dedication of all of those in recognition of Anthony P. DeAngelo, a val- involved in ensuring that this crucial capability ued member of my staff. Tomorrow, October Thursday, October 1, 2009 remains ready to respond on a moments no- 2, is Anthony’s last day as the Staff Assistant/ Mr. INSLEE. Madam Speaker, today, I intro- tice. Press Assistant in my Washington, D.C. office. duced the bipartisan Geothermal Production The history of our ICBM force began in His dedication to serving the people of the Illi- Expansion Act with Representative MIKE SIMP- 1954 with the establishment of the Western nois Fifth District is very much appreciated, SON, and I thank him for his leadership on this Development Division. The Western Develop- and he will be greatly missed. issue. Our bill will ensure that we tap into ment Division was responsible for the develop- Anthony joined my staff prior to my election clean geothermal energy using on-the-shelf ment of the first generation of underground to Congress in April of this year. He then technologies. ICBM’s, the Titans, and the above-ground made the trip to our nation’s capital and was Geothermal energy has great potential to Atlas. instrumental in establishing my Washington, add clean energy to American electricity sup- This development lead to the initial alert of DC office. He helped establish our new media plies. It is especially promising as a renewable a nuclear warhead equipped ICBM, an Atlas programs, press operations and intern pro- resource because it is a base load power D, at Vandenberg Air Force Base, California, gram. He always took the time to make con- which doesn’t require any fossil fuel backup. in October of 1959. Soon after, work began on stituents feel at home in our office and en- However, at this point in time, proven geo- the Minuteman I missile, a second generation sured that their trips to Washington were thermal resources have at times gone unde- ICBM that would be on alert by the time of the memorable and worthwhile. veloped in instances involving adjoining fed- Cuban Missile Crisis in 1962. Within three Tomorrow he leaves to take a position as eral lands because speculators increasingly years the Air Force had replaced all of its first Deputy Communications Director in the Office drive up the cost of federal lands adjacent to generation ICBM’s with Minuteman I and a of Congresswoman DEBBIE HALVORSON. I am a geothermal development site. This hurts de- newer more advanced version, the Minuteman pleased he will continue to serve the people of velopers who take on the upfront cost of ex- II. The Minuteman II would remain in service Illinois, and I wish him the best of luck in his ploration and developing a site because when for the next 30 years. future endeavors. an exploration proves fruitful, the developer is By the 1970’s the Air Force had developed f bid out of the market due to extremely high the Minuteman III with the first squadron of leasing costs for adjacent lands. In many Minuteman III missiles at Minot Air Force HONORING THE LIFE AND LEGACY cases, the end result is that the development Base, North Dakota reaching operational sta- OF DR. VASCO SMITH is halted and no clean energy comes online. tus by the end of December 1970. With the Already under EPACT 2005 amendments, threat of the Soviet Union developing and de- HON. STEVE COHEN BLM is allowed to issue three different non- ploying an increasing number of multi-warhead OF TENNESSEE competitive leases for geothermal resources, ICBM’s the Air Force began to develop a third IN THE HOUSE OF REPRESENTATIVES which include: non-competitive geothermal generation ICBM that would become the leases to mining claim holders that have a Peacekeeper. The Peacekeeper would ulti- Thursday, October 1, 2009 valid operating plan (having invested capital), mately be deployed in 1987 at F.E. Warren Air Mr. COHEN. Madam Speaker, I rise today direct use leases and leases on parcels that Force Base in Wyoming. to honor the life and legacy of a great Mem- do not sell at a competitive auction. For the past 50 years, the ICBM fleet has phian and a great American, Dr. Vasco Smith. The Geothermal Production Expansion Act provided an important nuclear deterrent, which Dr. Smith was one of the true stalwarts of civil is a targeted approach to the aforementioned at its peak included more than 1,200 missiles. rights in the city of Memphis and in the nation. speculation problem, simply creating a fourth Today the Air Force has 450 Minuteman III Dr. Smith lived a life of service and sacrifice. category whereby the Bureau of Land Man- ICBM’s on alert in North Dakota, Montana, Vasco Smith served our nation in the Air agement (BLM) may issue a non-competitive Wyoming, Colorado and Nebraska. As the Air Force in the Korean War. A graduate of geothermal lease, allowing qualified compa- Force activates Air Force Global Strike Com- LeMoyne College in Memphis and Meharry nies who hold legal rights to develop geo- mand, a brand-new command committed sole- Medical College in Nashville, Dr. Smith was a thermal leases on certain adjoining lands. ly to the nuclear deterrence mission, the 20th dentist by profession. In 1955, he and his wife, An added benefit, the bill will significantly Air Force and the ICBM mission will transfer Maxine, returned to their beloved Memphis, accelerate the development of geothermal from Air Force Space Command to Air Force completely segregated at the time, and used projects by reducing the time spent on nomi- Global Strike Command. their passion and commitment to become nating and waiting for an auction, which can Madam Speaker, the citizens of the United leaders in the Civil Rights movement. add a minimum of one-to-two years to the de- States have been lucky to have the Airmen of In 1962, Dr. Smith convinced the owner of velopment phase of a geothermal resource. the 20th Air Force diligently working to operate the segregated Malco Theatre in downtown This bill is a reasonable policy to ensure and secure this vital component of our nation’s Memphis to gradually integrate by selling tick- that developers who have invested substantial security for the past 50 years. These Airmen ets to African-Americans in the ‘‘whites only’’

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A01OC8.038 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS October 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2435 orchestra level of the theatre. In their pursuit War II veterans from my district who have 1) Republican Motion to Instruct Conferees to end racial discrimination, the Smiths en- never had an opportunity to see the World on H.R. 2892—Department of Homeland Se- dured numerous death threats, many arrests War II Memorial that was built in their honor. curity Appropriations Act, 2010—I would have by the police, and the tragic murders of their These veterans, who risked their lives to de- voted yes. friends Dr. Martin Luther King and Medgar fend the freedoms we enjoy today, will land at 2) H. Res. 517—Congratulating the Univer- Evers. Reagan National Airport where they will be sity of Washington women’s softball team for In 1973, Dr. Smith became the first African- greeted with a grand salute. From there, they winning the 2009 Women’s College World Se- American elected to an at-large position on will have an opportunity to visit the World War ries—I would have voted yes. the Shelby County Commission where he II Memorial for the very first time. At the me- 3) H. Res. 487—Recognizing the 100th an- served until 1994. Dr. Smith was a compas- morial, there will be a wreath laying ceremony niversary of the State News at Michigan State sionate and effective County Commissioner. in honor of veterans who have passed away, University—I would have voted yes. He and I served together as Commissioners a memory session for the veterans to share 4) H. Res. 788—Rule providing for consider- from 1978 to 1980. During this time on the their World War II stories, and a group photo ation of the Conference Report on H.R. Commission, we worked together to build the so that they can remember this day for the 3183—Energy and Water Development and Regional Medical Center, our charity hospital rest of their lives. They will return home this Related Agencies Appropriations Act, 2010—I and trauma center in Shelby County that evening. would have voted yes. serves people who would otherwise have no These veterans fought nobly for our free- 5) H. Res. 692—Supporting the goals and access to health care. He and fellow County doms and we cannot even begin to repay ideals of Tay-Sachs Awareness Month—I Commissioner Jesse Turner, Sr., who also them for their sacrifices. The least we can do would have voted yes. served as National Treasurer for the NAACP, is try to show them the depth of our gratitude 6) H. Con. Res. 151—Expressing the sense were known as ‘‘the freedom fighters.’’ They by providing them with this once in a lifetime of Congress that China release democratic ac- fought for civil rights in Memphis and stood up opportunity to visit their memorial. I am proud tivist Liu Xiaobo from imprisonment—I would when others did not. They were always the that every dollar that is paying for this honor have voted yes. 7) Final Passage of the Conference Report voices of conscience, reasonableness, and flight came from private citizens who recog- on H.R. 3183—Energy and Water Develop- morality in our community. nize the immense sacrifice these veterans ment and Related Agencies Appropriations Vasco Smith was a loving husband to Max- made to ensure their liberty. This flight would Act, 2010—I would have voted yes. ine Smith. As Wendi Thomas of the Commer- not be possible without the dedication of cial Appeal noted, it is difficult to think of either Judge Robert Brack and Judge Leslie Smith of f Smith without the other because they were a Las Cruces, who initially spearheaded the idea EARMARK DECLARATION team; indeed, together they were a force for of bringing the Honor Flight program to South- change and progress. Maxine Smith served as ern New Mexico. In addition, the Honor Flight HON. WALTER B. JONES the Executive Secretary of the Memphis Board of Directors comprised of Chairman Bill OF NORTH CAROLINA branch of the NAACP for more than forty Mattiace, Vice-Chairman Darrell Wall, Treas- IN THE HOUSE OF REPRESENTATIVES years and continues to serve on the NAACP urer Gary Lenzo, and Secretary Patsy A. Thursday, October 1, 2009 National Board of Directors. For two decades, Duran contributed much time and energy to Maxine Smith served on the Memphis City advocating for this cause, and to recruiting Mr. JONES. Madam Speaker, pursuant to School Board. She served on the Tennessee board members. Board Members Steven Alex- the Republican Leadership standards on ear- Board of Regents for over a decade. Married ander, Walt Baker, Pat Carr, Jag Cheema, marks, I am submitting the following informa- 56 years, Maxine and Vasco Smith were true Denton Holmes, Dolores Connor, J.R. Turner, tion regarding project funding I received as soulmates. Together, they had one son, Dr. Susie Cordero, Carrie Contreras, Debbie part of H.R. 3293, the Departments of Labor, Vasco ‘‘Smitty’’ Smith, III, a dentist like his fa- Hanssen, and Dolores Archuleta have also Health and Human Services, and Education, ther, who made his parents very proud. made invaluable contributions through their and Related Agencies Appropriations Act, Dr. Vasco Smith was a special man to me tireless efforts to expand the Honor Flight pro- 2010: because he showed moral rectitude of a type gram and seek out donors. The generosity Rep. WALTER B. JONES that’s rarely seen. He knew justice beyond these private citizens have shown is an exam- Project: Metabolic Institute color and will be remembered in Memphis as Recipient: East Carolina University ple of the bigheartedness that is a true part of Account: Health Resources and Services a great civil rights leader, a husband, a father, the American spirit, and I am touched by their Administration (HRSA)—Health Facilities and a professional, and a great Memphian. willingness to provide such a rare and mean- Services He will be buried Friday. I will be there with ingful opportunity to their friends, neighbors, Amount: $222,000 him. His was a life well lived. and even perfect strangers. Explanation: The funding will allow the Met- f From the Western Front to the Eastern abolic Institute at East Carolina University to Front, from the Pacific and Asian Theatre to HONORING THE SECOND HONOR develop a clinical research center and labora- the African Theatre, Americans from our tory to advance the Metabolic Institute’s study FLIGHT OF SOUTHERN NEW ‘‘greatest generation’’ risked life and limb to MEXICO of new technology and medical treatments for halt the rise of fascism. We owe them more obesity and diabetes. Diabetes is an epidemic: thanks than we can ever express. I welcome diabetes is the sixth leading cause of death in HON. HARRY TEAGUE these brave veterans to Washington and to the U.S., afflicts more than 7 percent of the OF NEW MEXICO their memorial. population, and cost our economy about $174 IN THE HOUSE OF REPRESENTATIVES f billion in 2007 alone, according to the Amer- Thursday, October 1, 2009 PERSONAL EXPLANATION ican Diabetes Association. The Metabolic Insti- Mr. TEAGUE. Madam Speaker, I rise today tute will continue to build on East Carolina to speak in honor of the World War II veterans HON. JOHN H. ADLER University’s pioneer metabolic advancements, from my district who are traveling to Wash- including the Greenville Gastric Bypass, to ex- OF NEW JERSEY plore the question of why diabetes disappears ington, D.C. today on the Second Honor Flight IN THE HOUSE OF REPRESENTATIVES of Southern New Mexico. in four out of five patients with the disease The Honor Flight of Southern New Mexico Thursday, October 1, 2009 after they undergo gastric bypass surgery. was established by business and community Mr. ADLER of New Jersey. Madam Speak- f leaders in my district who are devoted to hon- er, today, I was not present in Washington, HONORING WOODY WATSON oring our veterans. The aim of the program is DC to cast the following votes, because I was to provide as many World War II veterans as attending a ceremony to commemorate the HON. JOHN J. DUNCAN, JR. possible with the opportunity to see the World first operating day of Joint Base McGuire/Dix/ OF TENNESSEE War II Memorial here in Washington, D.C. at Lakehurst in New Jersey’s 3rd Congressional IN THE HOUSE OF REPRESENTATIVES no cost to them. Last October, Southern New District. Joint Base McGuire/Dix/Lakehurst is Mexico had its First Honor Flight, which was the first tri-service base in the country, and Thursday, October 1, 2009 a great success. Southern New Mexico’s Sec- today was significant for my district and the Mr. DUNCAN. Madam Speaker, my grand- ond Honor Flight departed from El Paso Inter- United States military. If I were present, I mother taught for 40 years and my sister Bev- national Airport this morning carrying World would have voted the following way. erly, taught for over 30 years in the public

VerDate Nov 24 2008 04:49 Oct 02, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A01OC8.042 E01OCPT1 tjames on DSKG8SOYB1PROD with REMARKS E2436 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2009 schools of Tennessee. I am proud of both of big switch to administration. For 12 years, erations and maintenance of the Sam Rayburn them. he was the assistant principal of the middle Dam and Reservoir. In Tuesday’s Knoxville News Sentinel, there school before he made an even bigger switch. was an interview with Woody Watson, whom Now he’s in charge of transportation and at- tendance for Maryville City Schools. Archie f I have known since high school. graduated from Maryville College and re- Mr. Watson has now taught in Knox County ceived his master’s degree at Tennessee CELEBRATING THE FIRST YEAR Tennessee where I also am from, for 41 Tech. ANNIVERSARY OF REVEREND years. Very few people teach for that long, What do you do now? PATRICIA A. REEBERG AS PAS- and those who do should be highly praised. ‘‘I come up with bus routes, and I work TOR OF THE REJOICE MIN- I admire and respect Woody Watson for his with the bus owner. I’m kind of a trouble ISTRIES—CHURCH OF THE HEAL- many years of dedication to the young people shooter. I handle all parent and or school ING EPHESUS SEVENTH-DAY AD- of east Tennessee. complaints and try to resolve all those.’’ VENTISTS CHURCH IN HARLEM I would like to call to the attention of my col- What did you teach before you moved into administration? leagues and other readers of the RECORD, the ‘‘I taught P.E. I coached football, basket- News Sentinel interview with Mr. Watson. ball and track for about 26 years.’’ HON. CHARLES B. RANGEL [From knoxnews.com, Sept. 29, 2009] Did you have a favorite year when you OF NEW YORK were teaching? 40 YEARS OF EDUCATING: WATSON AND IN THE HOUSE OF REPRESENTATIVES ANDERSON ‘‘I enjoyed the early years because being a (By Jessica Boyd) younger guy, it seemed like I had better re- Thursday, October 1, 2009 lationships with kids. As you get older and EDITOR’S NOTE: The News Sentinel will your hair’s grey and you have more wrin- Mr. RANGEL. Madam Speaker, I rise today profile two local teachers who each have kles, kids are more standoffish.’’ to celebrate my dear friend Reverend Patricia about 40 years of education experience with- What’s the coolest technological advance- in the community in this twice monthly se- A. Reeberg as the Rejoice Ministry of the ment you’ve seen? ries. Church of the Healing Ephesus Seventh-Day ‘‘Computers in the classroom and access to WOODY WATSON, 41 YEARS Adventists Church celebrates her First Year the internet. Everything you want is there. Anniversary, which took place on Sunday, Woody Watson, 62, says a smile and a kind The negative part is we’ve got text mes- word goes a long way when dealing with stu- saging and cell phones in the classroom. So September 20, 2009. dents. He should know since he’s been smil- (technology) is not all good. That’s a daily The Reverend Patricia A. Reeberg, an Am- ing and speaking kindly to them for 41 years. struggle.’’ bassador for Christ, is a woman of faith, char- The Knoxville native taught eighth-grade Do you miss teaching? ‘‘I miss the rela- acter and action. Her life’s call is to ‘‘equip the science at Karns Middle School for 23 years tionship with the students. I don’t get to saints.’’ The vocation God has assigned to her before he spent nine years at Northwest Mid- know the students as well as I used to. I have to fulfill this call is to preach the Gospel. Rev. dle School teaching the same thing. He’s gotten to know the staff better . . . I’ve real- been back in action as a seventh-grade ly gotten to know the administrators of the Reeberg is the Pastor of Rejoice Ministries— teacher at Karns Middle since 2001. ‘‘I always schools.’’ The Church of Healing, which was formed tell people, I taught eighth grade for 32 under the direction of the Holy Spirit on De- years,’’ the University of Tennessee graduate f cember 31, 2008. in natural science said before he laughed. EARMARK DECLARATION ‘‘And then I got demoted.’’ She has a served on the ministerial staff at Why teaching? ‘‘I liked the subject matter, St. Paul Baptist Church, Memorial Baptist and I like being around young people, they HON. KEVIN BRADY Church, Crawford Memorial United Methodist keep me young at heart. I just couldn’t go Church, Believers Christian Fellowship, Beck OF TEXAS sit at a cubicle and do the same thing every Presbyterian Church, and Bethesda Baptist day.’’ IN THE HOUSE OF REPRESENTATIVES Church. Patricia A. Reeberg earned her Mas- What techniques do you use to teach? ‘‘I Thursday, October 1, 2009 ters of Divinity at Union Theological Seminary like to have students get involved and be in New York City. She also augmented her hands on in the science lab to help them un- Mr. BRADY of Texas. Madam Speaker, pur- derstand the world they live in.’’ suant to the Republican Leadership standards training at Harvard Divinity School Summer Do you have a favorite year? ‘‘I think that on earmarks, I am submitting the following in- Leadership Institute, Interdenominational would probably be 1986. The highlight of that formation regarding earmarks I received as School of Theology Church Administration and year is we took a trip to New Orleans for a part of H.R. 3183—Energy and Water Devel- Management, and Columbia University Grad- long weekend, and (the students) learned opment and Related Agencies Appropriations uate School of Business for Not-for-Profit about the history of the area.’’ Management. What has changed for better since you’ve Act, 2010. been teaching? ‘‘Our class averages were low- Requesting Member: Congressman KEVIN Pastor Reeberg is the recipient of numerous ered. State law has limited that to 30 in sev- BRADY, Texas 8th Congressional District awards and appointments, including, Commis- enth and eighth grade . . . It really makes a Bill Number: H.R. 3183—Energy and Water sioner on the Civilian Complaint Review difference to have five or six fewer kids in a Development and Related Agencies Appro- Board; the Charles E. Merrill Fellowship from class.’’ priations Act, 2010 Harvard Divinity School; and was also a What has changed for worse since you’ve Project: Sam Rayburn Reservoir Operations founding board member of Harlem Congrega- been teaching? ‘‘When I came to Karns, it tions for Community Improvement. Pastor was a small farming community. Of course & Maintenance now the farms have been sold off, and it’s Account: Operations and Maintenance, U.S. Reeberg is also registered in the National wall-to-wall subdivisions, so just the lack of Army Corps of Engineers Register’s Who’s Who in Executives and Pro- the community closeness and the breakdown Requesting Entity: U.S. Army Corps of Engi- fessionals, 2004–2010; and Who’s Who of of the family.’’ neers, Fort Worth District American Women 2006–2009. What’s been the best advancement in edu- Her many accomplishments also include cation? ‘‘Probably all the information avail- Address of Requesting Entity: 819 Taylor able online . . . I think Karns Middle was Street, Fort Worth, TX 76102 first woman and the first Baptist minister to one of the first schools to have a computer This is the third year I’ve requested funding serve as Executive Director and Chief Execu- lab when the first Apple computers came out to repair the Twin Dikes Park marine launch- tive Officer of the Council of the Churches of back in the 80s. That area of technology has ing complex since its collapse due to Hurri- the City of New York. As an entrepreneur, made a lot of opportunities for our students. cane Rita, erosion, and excessive wave ac- Rev. Reeberg is the owner of Cruise Planners It also presents some problems if the parents tion. Unfortunately, the Corps has a backlog of and SM&G Consultation. She has published don’t monitor what the kids are doing.’’ maintenance on some of the most widely used numerous articles and is working on her first Do you have any words of wisdom for book entitled, ‘‘And The Lord Shall Gather Me teachers just starting out? ‘‘Be patient, keep recreational facilities at Lake Sam Rayburn. In up with your paperwork, and try not to be addition to Twin Dikes Park launching com- Up,’’ to be published in 2009. overwhelmed with all the things you have to plex, I continue to support the U.S. Corps of Please join me in celebrating Reverend Pa- do that’s not related to the teaching of stu- Engineers annual request for funding to oper- tricia A. Reeberg on her First Year Anniver- dents.’’ ate and maintain the lakes, and other water sary as Pastor of the Rejoice Ministries of the ARCHIE ANDERSON, 42 YEARS resources of East and Southeast Texas. Church of the Healing Ephesus Seventh-Day Archie Anderson, 65, taught for 26 years at The $5,937,000 included in this conference Adventists Church, located in my Congres- Maryville Middle School before he made the report will be allocated to perform annual op- sional District in Harlem.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. House agreed to the conference report to accompany H.R. 3183, Energy and Water Development and Related Agencies Appropriations Act, 2010. Senate Chamber Action Measures Considered: Department of Defense Appropriations Act— Routine Proceedings, pages S9993–S10078 Agreement: Senate continued consideration of H.R. Measures Introduced: Fourteen bills and seven res- 3326, making appropriations for the Department of olutions were introduced, as follows: S. 1735–1748, Defense for the fiscal year ending September 30, S.J. Res. 20, S. Res. 297–300, and S. Con. Res. 2010, taking action on the following amendment 42–43. Pages S10060–61 proposed thereto: Pages S10009–54 Measures Reported: Adopted: Report to accompany S. 327, to amend the Vio- Kaufman Modified Amendment No. 2578, to pro- lence Against Women Act of 1994 and the Omni- vide for the continuing support of certain civilian- bus Crime Control and Safe Streets Act of 1968 to military training for civilians deploying to Afghani- improve assistance to domestic and sexual violence stan. Pages S10019, S10021 victims and provide for technical corrections. (S. By 60 yeas to 39 nays (Vote No. 304), Levin Rept. No. 111–85) Page S10060 Amendment No. 2593, relating to hearings on the Measures Passed: strategy and resources of the United States with re- Acceptance of Helen Keller Statue: Senate agreed spect to Afghanistan and Pakistan. to S. Con. Res. 42, providing for the acceptance of Pages S10011–15, S10025 a statue of Helen Keller, presented by the people of Shelby Amendment No. 2594, to require reports Alabama. Page S10076 on certain elements of the ballistic missile defense Authorizing Use of Capitol Rotunda: Senate system. Pages S10032–33 agreed to S. Con. Res. 43, authorizing the use of the Brownback Amendment No. 2598, to acknowl- rotunda of the Capitol for the presentation of the edge a long history of official depredations and ill- Congressional Gold Medal to former Senator Edward conceived policies by the Federal government regard- Brooke. Page S10076 ing Indian Tribes and offer an apology to all Native Filipino American History Month: Senate agreed Peoples on behalf of the United States. to S. Res. 298, recognizing Filipino American His- Pages S10036–37 tory Month in October 2009. Pages S10076–77 Inouye (for Byrd) Amendment No. 2571, to re- quire a report on the use by the Department of De- National Infant Mortality Awareness Month: fense of live primates in training programs relating Senate agreed to S. Res. 299, expressing support for to chemical and biological agents. Page S10037 the goals and ideals of National Infant Mortality Chambliss Modified Amendment No. 2621, to ex- Awareness Month 2009. Page S10077 press the Sense of the Senate on Joint STARS re- Fire Prevention Week: Senate agreed to S. Res. engining. Pages S10040–41 300, supporting the goals and ideals of Fire Preven- Coburn Amendment No. 2563, to require public tion Week and the work of firefighters in educating disclosure of certain reports. Pages S10015, S10052 and protecting the communities of this Nation. Pages S10077–78 D1117

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01OC9.REC D01OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D1118 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 2009 Franken Amendment No. 2588, to prohibit the sionally directed spending items for low-priority re- use of funds for any Federal contract with Halli- search and development projects. burton Company, KBR, Inc., any of their subsidi- Pages S10015, S10039, S10040, S10052 aries or affiliates, or any other contracting party if Chambliss/Kyl Amendment No. 2608, to appro- such contractor or a subcontractor at any tier under priate an additional $900,000,000 for the Afghani- such contract requires that employees or independent stan Security Forces Fund. Pages S10029–30 contractors sign mandatory arbitration clauses re- Pending: garding certain claims. Pages S10027, S10028 Coburn Amendment No. 2565, to ensure trans- Sanders Amendment No. 2617, to require a report parency and accountability by providing that each on Federal contracting fraud. member of Congress and the Secretary of Defense has Pages S10033–34, S10044–45, S10052 the ability to review $1,500,000,000 in taxpayer Sanders Amendment No. 2559, to make available funds allocated to the National Guard and Reserve from Research, Development, Test, and Evaluation, components of the Armed Forces. Army $12,000,000 for the peer-reviewed Gulf War Pages S10016, S10040 Barrasso Amendment No. 2567, to prohibit the Illness Research Program of the Army. use of funds for the Center on Climate Change and Pages S10035, S10052 National Security of the Central Intelligence Agency. Inouye (for Reid/Ensign) Modified Amendment Pages S10021–25, S10037–38 No. 2562, to express the sense of Congress, and to Franken (for Bond/Leahy) Amendment No. 2596, require a report, on expanding the mission of the to limit the early retirement of tactical aircraft. Nevada Test Site. Pages S10040, S10052 Page S10027 Inouye (for Kyl) Amendment No. 2568, to make Franken (for Coburn) Amendment No. 2585, to available from amounts available for the Office of the restore certain funds for the Armed Forces to prepare Secretary of Defense $250,000 for the declassification for and conduct combat operations by accounting for of the 2001 nuclear posture review. Page S10052 the August 2009 Congressional Budget Office eco- Inouye (for Nelson (NE)) Amendment No. 2614, nomic assumptions and by reducing funding for con- to make available from Operation and Maintenance, gressionally directed spending items for low-priority Defense-Wide, $15,000,000 for implementation of research and development projects. the Military and Overseas Voter Empowerment Act. Pages S10027, S10052 Page S10052 Franken (for Coburn) Amendment No. 2566, to Inouye (for Hagan) Amendment No. 2615, to restore $166,000,000 for the Armed Forces to pre- provide that none of the funds appropriated or other- pare for and conduct combat operations, by elimi- wise made available by this Act may be used to dis- nating low-priority congressionally directed spending pose of claims filed regarding water contamination at items for all operations and maintenance accounts. Camp Lejeune, North Carolina, until the Agency for Pages S10027–28 Toxic Substances and Disease Registry (ATSDR) Sanders/Dorgan Amendment No. 2601, to make fully completes all current, ongoing epidemiological available from Overseas Contingency Operations and water modeling studies. Page S10052 $20,000,000 for outreach and reintegration services Casey Modified Amendment No. 2592, to ensure under the Yellow Ribbon Reintegration Program. that work under contracts under the Logistics Civil Page S10035 Augmentation Program complies with certain stand- Lieberman Modified Amendment No. 2616, Re- lating to the two-stage ground-based interceptor ards. Pages S10019–21, S10041–44, S10052 missile. Pages S10047–50 Rejected: A unanimous-consent agreement was reached pro- By 40 yeas to 59 nays (Vote No. 305), McCain viding that when the Senate resumes consideration of Amendment No. 2575, to provide for testimony be- the bill on Tuesday, October 6, 2009, that the fol- fore Congress on the additional forces and resources lowing list of first-degree amendments be the only required to meet United States objectives with re- amendments remaining in order to the bill, other spect to Afghanistan and Pakistan. than any other pending amendments, if not listed, Pages S10009–15, S10026–27 and the committee substitute amendment; that no Withdrawn: second-degree amendment or side-by-side amend- Coburn Amendment No. 2569, to restore ment be in order to any of the listed amendments, $294,000,000 for the Armed Forces to prepare for except Barrasso Amendment No. 2567 (listed above); and conduct combat operations by accounting for the Franken (for Bond/Leahy) Amendment No. 2596 August 2009 Congressional Budget Office economic (listed Above); Coburn Amendment No. 2565 (listed assumptions and by reducing funding for congres- above); Franken (for Coburn) Amendment No. 2566

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(listed above); Sanders/Dorgan Amendment No. the United States for a term expiring January 20, 2601 (listed above); Inhofe Amendment No. 2618; 2013. McCain Amendment No. 2580; McCain Amend- Mark R. Rosekind, of California, to be a Member ment No. 2584; McCain Amendment No. 2560, of the National Transportation Safety Board for the with an Inouye side-by-side amendment in order and remainder of the term expiring December 31, 2009. would be voted prior to the vote in relation to the Mark R. Rosekind, of California, to be a Member McCain Amendment No. 2560; McCain Amend- of the National Transportation Safety Board for a ment No. 2583; Lieberman Modified Amendment term expiring December 31, 2014. No. 2616 (listed above); that it be in order for the Paul K. Martin, of Maryland, to be Inspector managers to offer a managers amendment that has General, National Aeronautics and Space Adminis- been cleared by the managers and the two Leaders, tration. and that if offered, the amendment be considered Carolyn W. Colvin, of Maryland, to be Deputy and agreed to; that in the case in which the man- Commissioner of Social Security for the term expir- agers are agreeable with a modification of a listed ing January 19, 2013. amendment, then the amendment be so modified Sara Manzano-Diaz, of Pennsylvania, to be Direc- with the changes agreed upon; that upon disposition tor of the Women’s Bureau, Department of Labor. of the listed amendments, the committee reported Page S10078 substitute, as amended, be agreed to; and vote on passage of the bill, as amended; that upon passage, Messages from the House: Page S10058 the Senate insist on its amendment, request a con- Measures Referred: Page S10058 ference with the House on the disagreeing votes of Executive Communications: Pages S10058–60 the two Houses, and the Chair be authorized to ap- point conferees on the part of the Senate, with the Petitions and Memorials: Page S10060 Subcommittee appointed as conferees; provided fur- Executive Reports of Committees: Page S10060 ther that if a point of order is raised and sustained Additional Cosponsors: Pages S10061–62 against the substitute amendment, then it be in order for a new substitute to be offered, minus the Statements on Introduced Bills/Resolutions: offending provision; that the new substitute be con- Pages S10062–69 sidered and agreed to; no further amendments be in Additional Statements: Pages S10055–57 order, with provisions in this agreement listed after Amendments Submitted: Pages S10069–75 adoption of the original substitute amendment re- maining in effect; that the vote sequence with re- Notices of Hearings/Meetings: Page S10075 spect to the listed amendment be entered later and Authorities for Committees to Meet: Page S10075 that the only debate time remaining be two minutes, Privileges of the Floor: Pages S10075–76 equally divided in the usual form, prior to each vote and that in any sequenced votes, the vote be limited Record Votes: Two record votes were taken today. to ten minutes each after the first vote, further that (Total—305) Pages S10025, S10027 the cloture motions be withdrawn. Page S10054 Adjournment: Senate convened at 9:30 a.m. and Commerce, Justice, Science, and Related Agen- adjourned at 9 p.m., until 2 p.m. on Monday, Octo- cies Appropriations Act—Agreement: A unani- ber 5, 2009. (For Senate’s program, see the remarks mous-consent agreement was reached providing that of the Majority Leader in today’s Record on page at 4:00 p.m., Monday, October 5, 2009, Senate S10078.) begin consideration of H.R. 2847, the Commerce, Justice Appropriations Act; that once the bill is re- ported, there be debate only, with no amendments Committee Meetings in order except the committee reported substitute. (Committees not listed did not meet) Page S10054 Nominations Received: Senate received the fol- BUSINESS MEETING lowing nominations: Committee on Finance: Committee continued consider- Christine H. Fox, of Virginia, to be Director of ation of an original bill entitled, ‘‘America’s Healthy Cost Assessment and Program Evaluation, Depart- Future Act of 2009’’, but did not complete action ment of Defense. thereon, and recessed subject to the call and will Roszell Hunter, of Virginia, to be a Member of meet again on Friday, October 2, 2009. the Board of Directors of the Export-Import Bank of

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01OC9.REC D01OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D1120 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 2009 AFGHANISTAN’S IMPACT ON PAKISTAN Bennet, Bennett, Collins, Coburn, McCain, and Committee on Foreign Relations: Committee concluded Graham. a hearing to examine Afghanistan’s impact on Paki- (The Chairman and Ranking Minority Member of stan, after receiving testimony from Maleeha Lodhi, the Full Committee are also ex-officio members of Woodrow Wilson International Center for Scholars, every subcommittee.) and Steve Coll, New America Foundation, both of On September 29, 2009, committee announced Washington, D.C.; and Milton A. Bearden, Reston, the following subcommittee assignments: Virginia. Permanent Subcommittee on Investigations: Senators Levin (Chair), Carper, Pryor, McCaskill, Tester, VIOLENCE AGAINST WOMEN Kirk, Coburn, Collins, McCain, and Ensign. Committee on Foreign Relations: Committee concluded Subcommittee on Oversight of Government Management, a hearing to examine violence against women, focus- the Federal Workforce, and the District of Columbia: Sen- ing on global costs and consequences, after receiving ators Akaka (Chair), Levin, Landrieu, Burris, Kirk, testimony from Melanne Verveer, Ambassador-at- Voinovich, Graham, and Bennett. Large for Global Women’s Issues, and Stephen J. Subcommittee on Federal Financial Management, Gov- Rapp, Ambassador-at-Large for War Crime Issues, ernment Information, Federal Services, and International both of the Department of State; Major General Pat- Security: Senators Carper (Chair), Levin, Akaka, rick Cammaert (Ret.), United Nations Department Pryor, McCaskill, Burris, McCain, Coburn, of Peacekeeping Operations, New York, New York; Voinovich, and Ensign. Donald Steinberg, International Crisis Group, Brus- Ad Hoc Subcommittee on State, Local, and Private Sec- sels, Belgium; Geeta Rao Gupta, International Cen- tor Preparedness and Integration: Senators Pryor (Chair), ter for Research on Women, Washington, D.C.; and Akaka, Landrieu, Tester, Ensign, Voinovich, and Esta Soler, Family Violence Prevention Fund, San Graham. Francisco, California. Ad Hoc Subcommittee on Disaster Recovery: Senators NOMINATION Landrieu (Chair), McCaskill, Burris, Graham, and Bennett. Committee on Homeland Security and Governmental Af- Ad Hoc Subcommittee on Contracting Oversight: Sen- fairs: Committee concluded a hearing to examine the ators McCaskill (Chair), Levin, Carper, Pryor, Tester, nomination of David S. Ferriero, of North Carolina, Kirk, Bennett, Collins, Coburn, McCain, and to be Archivist of the United States, National Ar- Graham. chives and Records Administration, after the nomi- (The Chairman and Ranking Minority Member of nee, who was introduced by Senator Hagan, testified the Full Committee are also ex-officio members of and answered questions in his own behalf. every subcommittee.) On July 31, 2009, committee announced the fol- lowing subcommittee assignments: BUSINESS MEETING Permanent Subcommittee on Investigations: Senators Levin (Chair), Carper, Pryor, McCaskill, Tester, Ben- Committee on the Judiciary: Committee ordered favor- net, Coburn, Collins, McCain, and Ensign. ably reported the nominations of Roberto A. Lange, Subcommittee on Oversight of Government Management, to be United States District Judge for the District the Federal Workforce, and the District of Columbia: Sen- of South Dakota, Joseph A. Greenaway, Jr., of New ators Akaka (Chair), Levin, Landrieu, Burris, Bennet, Jersey, to be United States Circuit Judge for the Voinovich, Graham, and Bennett. Third Circuit, Irene Cornelia Berger, to be United Subcommittee on Federal Financial Management, Gov- States District Judge for the Southern District of ernment Information, Federal Services, and International West Virginia, Charlene Edwards Honeywell, to be Security: Senators Carper (Chair), Levin, Akaka, United States District Judge for the Middle District Pryor, McCaskill, Burris, McCain, Coburn, of Florida, David Lyle Cargill, Jr., to be United Voinovich, and Ensign. States Marshal for the District of New Hampshire, Ad Hoc Subcommittee on State, Local, and Private Sec- and Timothy J. Heaphy, to be United States Attor- tor Preparedness and Integration: Senators Pryor (Chair), ney for the Western District of Virginia, both of the Akaka, Landrieu, Tester, Bennet, Ensign, Voinovich, Department of Justice. and Graham. Ad Hoc Subcommittee on Disaster Recovery: Senators INTELLIGENCE Landrieu (Chair), McCaskill, Burris, Graham, and Select Committee on Intelligence: Committee held closed Bennett. hearings on intelligence matters, receiving testimony Ad Hoc Subcommittee on Contracting Oversight: Sen- from officials of the intelligence community. ators McCaskill (Chair), Levin, Carper, Pryor, Tester, Committee recessed subject to call.

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Series, by a 2⁄3 yea-and-nay vote of 421 yeas with Chamber Action none voting ‘‘nay’’, Roll No. 747; Pages H10418–19 Public Bills and Resolutions Introduced: 32 pub- Recognizing the 100th anniversary of the State lic bills, H.R. 3687–3718; and 8 resolutions, H. News at Michigan State University: H. Res. 487, Con. Res. 193; and H. Res. 789–795, were intro- to recognize the 100th anniversary of the State News Pages H10455–57 duced. at Michigan State University, by a 2⁄3 yea-and-nay Additional Cosponsors: Pages H10457–58 vote of 413 yeas with none voting ‘‘nay’’, Roll No. Report Filed: A report was filed today as follows: 748; Page H10419 H.R. 2393, to amend the Uniformed and Overseas Supporting the goals and ideals of Tay-Sachs Citizens Absentee Voting Act to improve procedures Awareness Month: H. Res. 692, amended, to sup- for the collection and delivery of marked absentee port the goals and ideals of Tay-Sachs Awareness ballots of absent overseas uniformed services voters Month, by a 2⁄3 yea-and-nay vote of 415 yeas with (H. Rept. 111–281). Page H10455 none voting ‘‘nay’’, Roll No. 750; Pages H10423–24 Speaker: Read a letter from the Speaker wherein she Expressing the sense of Congress that China re- appointed Representative Davis (TN) to act as lease democratic activist Liu Xiaobo from impris- Speaker pro tempore for today. Page H10411 onment: H. Con. Res. 151, amended, to express the Chaplain: The prayer was offered by the Guest sense of Congress that China release democratic ac- tivist Liu Xiaobo from imprisonment, by a 2⁄3 yea- Chaplain, Reverend Dr. Adam Dooley, Red Bank and-nay vote of 410 yeas to 1 nay, Roll No. 751; Baptist Church, Chattanooga, Tennessee. Page H10411 and Page H20424 Department of Homeland Security Appropria- Expressing the sense of the House of Representa- tions Act, 2010—Motion to go to Conference: tives that the employees of the Department of The House agreed to the Price (NC) motion to dis- Homeland Security, their partners at all levels of agree to the Senate amendment and agree to a con- government, and the millions of emergency re- ference on H.R. 2892, making appropriations for the sponse providers and law enforcement agents na- Department of Homeland Security for the fiscal year tionwide should be commended for their dedicated ending September 30, 2010. Pages H10413–18 service: H. Res. 731, to express the sense of the Agreed to the Rogers (KY) motion to instruct House of Representatives that the employees of the conferees on the bill by a yea-and-nay vote of 258 Department of Homeland Security, their partners at yeas to 163 nays, Roll No. 746. Pages H10413–18 all levels of government, and the millions of emer- The Chair appointed the following conferees: Rep- gency response providers and law enforcement agents resentatives Price (NC), Serrano, Rodriguez, nationwide should be commended for their dedicated Ruppersberger, Mollohan, Lowey, Roybal-Allard, service on the Nation’s front lines in the war against Farr, Rothman (NJ), Obey, Rogers (KY), Carter, acts of terrorism. Page H10433 Culberson, Kirk, Calvert, and Lewis (CA). Pages H10419–20 Energy and Water Development and Related Agencies Appropriations Act, 2010—Conference Moment of Silence: The House observed a moment Report: The House agreed to the conference report of silence in honor of the men and women in uni- to accompany H.R. 3183, making appropriations for form who have given their lives in the service of our energy and water development and related agencies nation in Iraq and Afghanistan, their families, and for the fiscal year ending September 30, 2010, by a all who serve in the armed forces and their families. yea-and-nay vote of 308 yeas to 114 nays, Roll No. Page H10418 752. Pages H10424–33 Suspensions—Proceedings Resumed: The House H. Res. 788, the rule providing for consideration agreed to suspend the rules and agree to the fol- of the conference report, was agreed to by a yea-and- lowing measures which were debated on Wednesday, nay vote of 234 yeas to 181 nays, Roll No. 749. September 30th: Pages H10420–23 Congratulating the University of Washington Meeting Hour: Agreed that when the House ad- women’s softball team for winning the 2009 Wom- journs today, it adjourn to meet at 10 a.m. tomor- en’s College World Series: H. Res. 517, to congratu- row, and further, when the House adjourns on that late the University of Washington women’s softball day, it adjourn to meet at 12:30 p.m. on Tuesday, team for winning the 2009 Women’s College World October 6th for morning-hour debate. Page H10435

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01OC9.REC D01OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D1122 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 2009 Senate Message: Message received from the Senate AFGHAN ELECTIONS today appears on page H10411. Committee on Foreign Affairs: Subcommittee on the Quorum Calls—Votes: Seven yea-and-nay votes de- Middle East and South Asia held a hearing on the veloped during the proceedings of today and appear Afghan Elections: Who Lost What? Testimony was on pages H10417–18, H10418–19, H10419, heard from J. Alexander Thier, Director, Afghanistan H10422–23, H10423–24, H10424, and and Pakistan, U.S. Institute for Peace; W. Lorne H10432–33. There were no quorum calls. Craner, former Assistant Secretary, Democracy, Adjournment: The House met at 10 a.m. and ad- Human Rights and Labor, Department of State; and journed at 5:26 p.m. public witnesses. CITIZEN AND COMMUNITY Committee Meetings PREPAREDNESS Committee on Homeland Security: Subcommittee on EUROPEAN MISSILE DEFENSE PLAN Emergency Communications, Preparedness and Re- Committee on Armed Services: Held a hearing on the sponse held a hearing entitled ‘‘Preparedness: State of President’s new plan for missile defenses in Europe Citizen and Community Preparedness.’’ Testimony and the implications for international security. Testi- was heard from Tim Manning, Deputy Adminis- mony was heard from the following officials of the trator, National Preparedness, Federal Emergency Department of Defense: GEN James E. Cartwright, Management Agency, Department of Homeland Se- USMC, Vice Chairman, Joint Chiefs of Staff; Michele curity; William Jenkins, Jr., Director, Homeland Se- A. Flournoy, Under Secretary, Policy; and LTG Pat- curity and Justice, GAO; and public witnesses. rick J. O’Reilly, USA, Director, Missile Defense REQUEST TO DHS FOR DEPARTMENTAL Agency; and Ellen O. Tauscher, Under Secretary, REPORTS ON BENEFICIARIES OF PRIVATE Arms Control and International Security, Depart- BILLS ment of State. Committee on the Judiciary: Subcommittee on Immi- ECONOMIC OPPORTUNITIES FOR YOUNG gration, Citizenship, Refugees, Border Security and AMERICANS International Law approved Requests to the Depart- ment of Homeland Security for Departmental Re- Committee on Education and Labor: Held a hearing on ports on the Beneficiaries of two private relief bills. Ensuring Economic Opportunities for Young Ameri- cans. Testimony was heard from Jane Oates, Assist- MISCELLANEOUS MEASURES ant Secretary, Employment and Training Adminis- Committee on Natural Resources: Subcommittee on Na- tration, Department of Labor; and public witnesses. tional Parks, Forests and Public Lands held a hearing on the following bills: H.R. 86, To eliminate an un- DRINKING WATER SYSTEM SECURITY used lighthouse reservation, provide management ACT; CHEMICAL FACILITY ANTI- consistency by bringing the rocks and small islands TERRORISM ACT along the coast of Orange County, California and Committee on Energy and Commerce: Subcommittee on meet the original Congressional intent of preserving Energy and Environment held a hearing on the fol- Orange County’s rocks and small islands; H.R. 118, lowing bills: H.R. 3258, Drinking Water System To authorize the addition of 100 acres to Morris- Security Act of 2009 and H. R. 2868, Chemical Fa- town National Historical Park; H.R. 1925, Amer- cility Anti-Terrorism Act of 2009. Testimony was ica’s Red Rock Wilderness Act of 2009; H.R. 2689, heard from Peter Silva, Assistant Administrator, Of- To authorize the Secretary of the Interior to study fice of Water, EPA; Rand Beers, Under Secretary, the suitability and feasibility of designating the Na- National Protection and Programs Directorate, De- tional D-Day Memorial in Bedford, Virginia, as a partment of Homeland Security; and public wit- unit of the National Park System; H.R. 2781, To nesses. amend the Wild and Scenic Rivers Act to designate segments of the Molalla River in Oregon, as compo- FINANCIAL REFORM PROPOSALS— nents of the National Wild and Scenic Rivers Sys- FEDERAL RESERVE PERSPECTIVES tem; and H.R. 2888, Devil’s Staircase Wilderness Committee on Financial Services: Held a hearing enti- Act of 2009. Testimony was heard from Senators tled ‘‘Federal Reserve Perspectives on Financial Reg- Hatch, and Robert F. Bennett of Utah; Representa- ulatory Reform Proposals.’’ Testimony was heard tives Matheson, Perriello, Schrader and Campbell; from Ben S. Bernanke, Chairman, Board of Gov- Robert V. Abbey, Director, Bureau of Land Manage- ernors, Federal Reserve System. ment, Department of the Interior; Joel Holtrop,

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01OC9.REC D01OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 1, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1123 Deputy Chief, Forest Service, National Forest Sys- Representatives Filner, Herseth Sandlin, Hare, tem, USDA; Gregory Bell, Lieutenant Governor of Teague, Rodriguez, Nye and Arcuri; Peter H. Utah; and public witnesses. Dougherty, Director, Homeless Veterans Programs, Office of Public and Intergovernmental Affairs, De- TRANSNATIONAL DRUG ENTERPRISES partment of Veterans Affairs; and representatives of THREATS veterans organizations. Committee on Oversight and Government Reform: Sub- committee on National Security and Foreign Affairs PENSION PLAN FUNDING LEVELS held a hearing entitled ‘‘Transnational Drug Enter- INVESTMENT ADVICE prises Threats to Global Stability and U.S. National Security from Southwest Asia, Latin America, and Committee on Ways and Means: Held a hearing on West Africa.’’ Testimony was heard from. public funding levels of defined benefit pension plans and witnesses. the rules that apply to investment advice. Testimony was heard from public witnesses. FINDING BUILDING BLOCKS OF THE UNIVERSE UPDATE ON SECURITY CLEARANCE Committee on Science and Technology: Subcommittee on REFORM Energy and Environment held a hearing on Finding Permanent Select Committee on Intelligence, Sub- the Building Blocks of the Universe. Testimony was committee on Intelligence Community Management heard from Dennis Kovar, Director, Office of High held a hearing on Update on Security Clearance Re- Energy Physics, Department of Energy; and public form. Testimony was heard from Jeffrey Zients, Dep- witnesses. uty Director, Management, OMB; John Berry, Di- RECOVERY ACT TRANSPORTATION rector, OPM; David Shedd, Principal Deputy Direc- INFRASTRUCTURE PROGRESS tor, National Intelligence, Office of the Director of Committee on Transportation and Infrastructure: Held a National Intelligence; Brenda Farrell, Director, De- hearing on Recovery Act: 225-Day Progress Report fense Capabilities and Management, GAO; and Beth for Transportation Infrastructure Investment. Testi- McGrath, Assistant Deputy Chief Management Offi- mony was heard from Ray H. LaHood, Secretary of cer, Department of Defense. Transportation; John Cox, Director, Department of Transportation, State of Wyoming; and public wit- nesses. Joint Meetings No joint committee meetings were held. MISCELLANEOUS VETERANS MEASURES f Committee on Veterans’ Affairs: Subcommittee on Health held a hearing on the following: H.R. 1017, NEW PUBLIC LAWS Chiropractic Care Available to All Veterans Act; H.R. 1036, Veterans Physical Therapy Services Im- (For last listing of Public Laws, see DAILY DIGEST, p. D1114) provement Act of 2009; H.R. 2504, to amend title H.R. 3614, to provide for an additional temporary 38, United States Code, to provide for an increase in extension of programs under the Small Business Act the annual amount authorized to be appropriated to and the Small Business Investment Act of 1958. the Secretary of Veterans Affairs to carry out com- Signed on September 30, 2009. (Public Law prehensive service programs for homeless veterans; 111–66) H.R. 2559, Help Our Homeless Veterans Act; H.R. S. 1677, to reauthorize the Defense Production 2735, To amend title 38, United States Code, to Act of 1950, and for other purposes. Signed on Sep- make improvements to the comprehensive service tember 30, 2009. (Public Law 111–67) program for homeless veterans; H.R. 3073, To H.R. 2918, making appropriations for the Legisla- amend title 38, United States Code, to direct the tive Branch for the fiscal year ending September 30, Secretary of Veterans Affairs to establish a grant pro- 2010. Signed on October 1, 2009. (Public Law gram to provide assistance to veterans who are at 111–68) risk of becoming homeless; H.R. 3441, To provide H.R. 3607, to amend the Internal Revenue Code for automatic enrollment of veterans returning from of 1986 to extend the funding and expenditure au- combat zones into the VA medical system. The Sub- thority of the Airport and Airway Trust Fund, to committee also had a draft discussion on Homeless- amend title 49, United States Code, to extend au- ness and Graduate Psychology Education and Psy- thorizations for the airport improvement program. chiatric Service Dogs. Testimony was heard from Signed on October 1, 2009. (Public Law 111–69)

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01OC9.REC D01OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D1124 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 2009 COMMITTEE MEETINGS FOR FRIDAY, of the Satellite Home Viewer Extension and Reauthoriza- OCTOBER 2, 2009 tion Act of 2004, 10 a.m., SR–253. Committee on Energy and Natural Resources: October 8, to (Committee meetings are open unless otherwise indicated) hold hearings to examine the nominations of Marcia K. McNutt, of California, to be Director of the United States Geological Survey, Department of the Interior, and Arun Senate Majumdar, of California, to be Director of the Advanced Committee on Finance: business meeting to continue con- Research Projects Agency—Energy, Department of En- sideration of an original bill entitled ‘‘America’s Healthy ergy, 10 a.m., SD–366. Future Act of 2009’’, 10 a.m., SH–216. October 8, Subcommittee on Public Lands and Forests, to hold hearings to examine S. 522, to resolve the claims House of the Bering Straits Native Corporation and the State of No committee meetings are scheduled. Alaska to land adjacent to Salmon Lake in the State of Alaska and to provide for the conveyance to the Bering Joint Meetings Straits Native Corporation of certain other public land in partial satisfaction of the land entitlement of the Corpora- Joint Economic Committee: to hold hearings to examine tion under the Alaska Native Claims Settlement Act, S. the employment situation for September 2009, 9:30 a.m., 865 and H.R. 1442, bills to provide for the sale of the SD–106. Federal Government’s reversionary interest in approxi- f mately 60 acres of land in Salt Lake City, Utah, origi- nally conveyed to the Mount Olivet Cemetery Association CONGRESSIONAL PROGRAM AHEAD under the Act of January 23, 1909, S. 881, to provide Week of October 5 through October 10, 2009 for the settlement of certain claims under the Alaska Na- tive Claims Settlement Act, S. 940, to direct the Sec- Senate Chamber retary of the Interior to convey to the Nevada System of Higher Education certain Federal land located in Clark On Monday, at approximately 4 p.m., Senate will and Nye counties, Nevada, S. 1272, to provide for the begin consideration of H.R. 2847, Commerce, Jus- designation of the Devil’s Staircase Wilderness Area in tice, Science, and Related Agencies Appropriations the State of Oregon, to designate segments of Wasson Act. and Franklin Creeks in the State of Oregon as wild or On Tuesday, Senate will resume consideration of recreation rivers, and S. 1689, to designate certain land H.R. 3326, Department of Defense Appropriations as components of the National Wilderness Preservation Act. System and the National Landscape Conservation System During the balance of the week, Senate may con- in the State of New Mexico, 2:30 p.m., SD–366. Committee on Finance: October 8, to hold hearings to ex- sider any cleared legislative and executive business. amine the nominations of Jim R. Esquea, of New York, Senate Committees to be Assistant Secretary, and Bryan Hayes Samuels, of Il- linois, to be Commissioner on Children, Youth, and Fam- (Committee meetings are open unless otherwise indicated) ilies, both of the Department of Health and Human Serv- Committee on Banking, Housing, and Urban Affairs: Octo- ices, 10 a.m., SD–215. ber 6, to hold hearings to examine minimizing potential Committee on Foreign Relations: October 6, to hold hear- threats from Iran, focusing on administration perspectives ings to examine Hague Convention on the International on economic sanctions and other United States policy op- Recovery of Child Support and Other Forms of Family tions, 9:30 a.m., SD–538. Maintenance, adopted at The Hague on November 23, October 7, Subcommittee on Securities, Insurance and 2007, and signed by the United States on that same date Investment, to hold hearings to examine securitization of (Treaty Doc. 110–21), 10 a.m., SD–419. assets, focusing on problems and solutions, 2:30 p.m., October 6, Full Committee, to hold hearings to exam- SD–538. ine Al-Qaeda, focusing on Afghanistan, 2:30 p.m., October 8, Full Committee, to hold hearings to exam- SD–419. ine the future of the mortgage market and the housing October 7, Subcommittee on Near Eastern and South enterprises, 10 a.m., SD–538. and Central Asian Affairs, to hold hearings to examine October 9, Subcommittee on Economic Policy, to hold the proposed agreement between the United States and hearings to examine restoring credit to manufacturers, the United Arab Emirates on civilian nuclear cooperation, 9:30 a.m., SD–538. 10 a.m., SD–419. Committee on Commerce, Science, and Transportation: Octo- October 8, Full Committee, to hold hearings to exam- ber 6, Subcommittee on Competitiveness, Innovation, and ine the nominations of William E. Kennard, of the Dis- Export Promotion, to hold hearings to examine pro- trict of Columbia, to be Representative to the European moting export success for small and medium-sized busi- Union, with the rank and status of Ambassador, and Cyn- nesses, 2:30 p.m., SR–253. thia Stroum, of Washington, to be Ambassador to Lux- October 7, Subcommittee on Communications and embourg, both of the Department of State, and James Technology, to hold hearings to examine reauthorization Legarde Hudson, of the District of Columbia, to be

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United States Director of the European Bank for Recon- Affairs response to certain military exposures, 9:30 a.m., struction and Development, 2:30 p.m., SD–419. SD–562. Committee on Health, Education, Labor, and Pensions: Oc- Select Committee on Intelligence: October 6, to hold closed tober 7, business meeting to consider the nominations of hearings to consider certain intelligence matters, 2:30 M. Patricia Smith, of New York, to be Solicitor, Lorelei p.m., S–407, Capitol. Boylan, of New York, to be Administrator of the Wage October 8, Full Committee, to hold closed hearings to and Hour Division, Joseph A. Main, of Virginia, to be consider certain intelligence matters, 2:30 p.m., S–407, Assistant Secretary for Mine Safety and Health, and Wil- Capitol. liam E. Spriggs, of Virginia, to be Assistant Secretary for House Committees Policy, all of the Department of Labor, and Regina M. Benjamin, of Alabama, to be Surgeon General of the Pub- Committee on Agriculture, October 7, Subcommittee on lic Health Service, Department of Health and Human Conservation, Credit, Energy and Research, hearing to re- Services, and any pending nominations, 10 a.m., SD–430. view implementation of the conservation title of the 2008 Committee on Homeland Security and Governmental Affairs: Farm Bill, 10 a.m., 1300 Longworth. October 7, Subcommittee on Federal Financial Manage- Committee on Armed Services, October 8, Defense Acquisi- ment, Government Information, Federal Services, and tion Reform Panel, hearing on the Department of De- International Security, to hold hearings to examine the fense’s Rapid Acquisition Process: Is It a Model for Im- 2010 census, focusing on a status update of key decennial proving Acquisition? 8 a.m., 2261 Rayburn. operations, 3 p.m., SD–342. Committee on Education and Labor, October 8, Sub- Committee on the Judiciary: October 6, Subcommittee on committee on Healthy Families and Communities, hear- Human Rights and the Law, to hold hearings to examine ing on Examining Innovative Practices to Improve Child accountability for human rights violators, 10 a.m., Nutrition, 10 a.m., 2175 Rayburn. SD–226. Committee on Energy and Commerce, October 7, Sub- October 6, Subcommittee on the Constitution, to hold committee on Commerce, Trade and Consumer Protec- hearings to examine the history and legality of executive tion, hearing entitled ‘‘Growing U.S. Trade in Green branch ‘‘czars’’, 2 p.m., SD–226. Technology,’’ 10 a.m., 2322 Rayburn. October 7, Full Committee, to hold hearings to exam- October 7, Subcommittee on Health, hearing on the ine workplace fairness, 10 a.m., SD–226. following bills: H.R. 1740, Breast Cancer Education and October 7, Full Committee, to hold hearings to exam- Awareness Requires Learning Young Act of 2009; H.R. ine the nominations of Barbara Milano Keenan, of Vir- 1691, Breast Cancer Patient Protection Act of 2009; ginia, to be United States Circuit Judge for the Fourth H.R. 2279, Eliminating Disparities in Breast Cancer Circuit, Laurie O. Robinson, of the District of Columbia, Treatment Act of 2009; H.R. 995, Mammogram and MRI Availability Act of 2009; and H.R. 2042, Better to be an Assistant Attorney General, Department of Jus- Screening Test for Women Act, 10 a.m., 2123 Rayburn. tice, and Ketanji Brown Jackson, of Maryland, to be a Committee on Financial Services, October 6, hearing enti- Member of the United States Sentencing Commission, 4 tled ‘‘Capital Markets Regulatory Reform: Strengthening p.m., SD–226. Investor Protection, Enhancing Oversight of Private Pools October 8, Full Committee, business meeting to con- of Capital and Creating a National Insurance Office,’’ 10 sider S. 448 and H.R. 985, bills to maintain the free flow a.m., 2128 Rayburn. of information to the public by providing conditions for October 7, hearing entitled ‘‘Reform of the Over-the- the federally compelled disclosure of information by cer- Counter Derivative Market: Limited Risk and Ensuring tain persons connected with the news media, S. 1692, to Fairness,’’ 10 a.m., 2128 Rayburn. extend the sunset of certain provisions of the USA PA- October 8, hearing on the following bills: H.R. 2382, TRIOT Act and the authority to issue national security Credit Card Interchange Fees Act of 2009; and H.R. letters, and S. 369, to prohibit brand name drug compa- 3639, Expedited CARD Reform for Consumers Act of nies from compensating generic drug companies to delay 2009, 10 a.m., 2128 Rayburn. the entry of a generic drug into the market, 9:30 a.m., October 8, Subcommittee on Housing and Community SD–226. Opportunity, hearing entitled ‘‘The Future of the Federal October 8, Subcommittee on Immigration, Refugees Housing Administration’s Capital Reserves: Assumptions, and Border Security, to hold hearings to examine com- Predictions and Implications for Homebuyers,’’ 2 p.m., prehensive immigration reform, focusing on faith-based 2128 Rayburn. perspectives, 3 p.m., SD–226. Committee on the Judiciary, October 8, Subcommittee on Committee on Small Business and Entrepreneurship: October Constitution, Civil Rights and Civil Liberties, hearing on 6, to hold hearings to examine the Recovery Act for Civil Rights Under Fire: Recent Supreme Court Deci- small businesses, focusing on what is working and what sions, 9:30 a.m., 2141 Rayburn. comes next, 10 a.m., SR–485. Committee on Natural Resources, October 7, full Com- October 8, Full Committee, to hold hearings to exam- mittee, oversight hearing entitled ‘‘Native American ine health care solutions for America’s small businesses, Graves Protection and Repatriation Act (NAGPRA),’’ 10 10 a.m., Room to be announced. a.m., 1324 Longworth. Committee on Veterans’ Affairs: October 8, to hold hear- Committee on Oversight and Government Reform, October 7, ings to examine the Department of Defense and Veterans’ Subcommittee on Domestic Policy, hearing entitled

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‘‘Medicaid’s Efforts to Reform Since the Preventable Committee on Veterans’ Affairs, October 8, Subcommittee Death of Deamonte Driver: A Progress Report,’’ 2 p.m., on Disability Assistance and Memorial Affairs, hearing on 2154 Rayburn. the following bills: H.R. 761, to amend title 38, United Committee on Science and Technology, October 7, to con- States Code, to provide for the eligibility of parents of sider pending measures, 10 a.m., 2318 Rayburn. certain deceased veterans for interment in national ceme- October 8, Subcommittee on Research and Science teries; H.R. 3485, Veterans Pensions Protection Act; Education, hearing on Investing in High-Risk, High-Re- H.R. 2243, Surviving Spouses’ Benefit Improvement Act ward Research, 1 p.m., 2318 Rayburn. of 2009; H.R. 3544, National Cemeteries Expansion Act Committee on Small Business, October 7, hearing entitled of 2009; and draft legislation, 10 a.m., 334 Cannon. ‘‘The State of the Nation’s Housing Sector: An Examina- October 8, Subcommittee on Economic Opportunity, tion of the First Time Buyer’s Credit and Future Policies to mark up pending measures, 1 p.m., 334 Cannon. to Sustain a Recovery.’’ 1 p.m., 2360 Rayburn. Committee on Ways and Means, October 7, Subcommittee Committee on Transportation and Infrastructure, October 6, Subcommittee on Water Resources and Environment, on Select Revenue Measurers, hearing on tax incentives hearing on Protecting and Restoring America’s Great for distressed communities, 10 a.m., 1100 Longworth. Waters: The Long Island Sound, 11 a.m., 2167 Rayburn. October 8, Subcommittee on Income Security and October 7, Subcommittee on Coast Guard and Mari- Family Support, hearing to evaluate the response of ‘‘safe- time Transportation, hearing on Qualifications and ty net’’ programs during the recession, 10 a.m., B–318 Credentialing of Mariners: A Continuing Examination, 2 Rayburn. p.m., 2167 Rayburn.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED ELEVENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

EXECUTIVE DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 6 through September 30, 2009 January 6 through September 30, 2009

Senate House Total Civilian nominations, totaling 513, disposed of as follows: Days in session ...... 135 118 . . Confirmed ...... 343 Time in session ...... 972 hrs., 32′ 916 hrs., 43′ .. Unconfirmed ...... 159 Congressional Record: Withdrawn ...... 11 Pages of proceedings ...... 9,992 10,409 . . Extensions of Remarks ...... 2,407 . . Public bills enacted into law ...... 19 46 . . Other Civilian nominations, totaling 1,865, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 1,183 Bills in conference ...... 7 6 . . Unconfirmed ...... 682 Measures passed, total ...... 350 692 . . Senate bills ...... 50 18 . . House bills ...... 61 285 . . Air Force nominations, totaling 7,093, disposed of as follows: Senate joint resolutions ...... 5 4 . . Confirmed ...... 5,804 House joint resolutions ...... 4 6 . . Unconfirmed ...... 1,289 Senate concurrent resolutions ...... 18 8 . . House concurrent resolutions ...... 25 50 . . Simple resolutions ...... 187 321 . . Army nominations, totaling 6,451, disposed of as follows: Measures reported, total ...... *134 *266 . . Confirmed ...... 6,400 Senate bills ...... 75 1 . . Unconfirmed ...... 51 House bills ...... 26 163 . . Senate joint resolutions ...... 1 . . . . House joint resolutions ...... Navy nominations, totaling 4,376, disposed of as follows: Senate concurrent resolutions ...... 4 . . . . Confirmed ...... 3,659 House concurrent resolutions ...... 7 . . Unconfirmed ...... 717 Simple resolutions ...... 28 95 . . Special reports ...... 20 7 . . Conference reports ...... 7 . . Marine Corps nominations, totaling 1,482, disposed of as follows: Measures pending on calendar ...... 99 36 . . Confirmed ...... 1,479 Measures introduced, total ...... 2,080 4,719 . . Unconfirmed ...... 3 Bills ...... 1,724 3,678 .. Joint resolutions ...... 19 61 . . Concurrent resolutions ...... 41 192 . . Summary Simple resolutions ...... 296 788 . . Quorum calls ...... 3 2 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 303 377 . . Total nominations received this Session ...... 21,780 Recorded votes ...... 366 . . Total confirmed ...... 18,868 Bills vetoed ...... Total unconfirmed ...... 2,901 Vetoes overridden ...... Total withdrawn ...... 11 Total returned to the White House ...... 0

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, October 5 10 a.m., Friday, October 2

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Friday: The House will meet in pro forma morning business (not to extend beyond 4 p.m.), Senate session at 10 a.m. will begin consideration of H.R. 2847, Commerce, Jus- tice, Science, and Related Agencies Appropriations Act.

Extensions of Remarks, as inserted in this issue.

HOUSE Frelinghuysen, Rodney P., N.J., E2431 Moore, Gwen, Wisc., E2409 Garrett, Scott, N.J., E2411 Murtha, John P., Pa., E2409 Abercrombie, Neil, Hawaii, E2428 Giffords, Gabrielle, Ariz., E2410, E2416 Olson, Pete, Tex., E2419 Adler, John H., N.J., E2435 Gordon, Bart, Tenn., E2412, E2420, E2424 Pallone, Frank, Jr., N.J., E2427 Austria, Steve, Ohio, E2424 Green, Al, Tex., E2433 Pomeroy, Earl, N.D., E2434 Bachus, Spencer, Ala., E2430 Hare, Phil, Ill., E2429 Price, Tom, Ga., E2417, E2423 Barrett, J. Gresham, S.C., E2417 Hastings, Alcee L., Fla., E2430 Quigley, Mike, Ill., E2434 Berkley, Shelley, Nev., E2414 Herger, Wally, Calif., E2424 Rahall, Nick J., II, W.Va., E2411 Bishop, Sanford D., Jr., Ga., E2409 Hirono, Mazie K., Hawaii, E2411 Rangel, Charles B., N.Y., E2430, E2436 Blunt, Roy, Mo., E2426 Inslee, Jay, Wash., E2427, E2434 Reichert, David G., Wash., E2424 Brady, Kevin, Tex., E2436 Jackson-Lee, Sheila, Tex., E2428 Richardson, Laura, Calif., E2432 Camp, Dave, Mich., E2412 Johnson, Eddie Bernice, Tex., E2418 Roe, David P., Tenn., E2413 Cantor, Eric, Va., E2417, E2422 Jones, Walter B., N.C., E2435 Ros-Lehtinen, Ileana, Fla., E2433 Carson, Andre´, Ind., E2423 King, Peter T., N.Y., E2421 Rush, Bobby L., Ill., E2421 Christensen, Donna M., The Virgin Islands, E2410 Kucinich, Dennis J., Ohio, E2412, E2413, E2414, E2416, Sessions, Pete, Tex., E2421, E2422, E2422 Clarke, Yvette D., N.Y., E2429 E2416, E2417, E2433 Shimkus, John, Ill., E2417, E2418 Clay, Wm. Lacy, Mo., E2426 Larson, John B., Conn., E2425 Smith, Lamar, Tex., E2423 Coffman, Mike, Colo., E2433 Lee, Barbara, Calif., E2424 Souder, Mark E., Ind., E2426 Cohen, Steve, Tenn., E2434, E2437 Lipinski, Daniel, Ill., E2419 Space, Zachary T., Ohio, E2409, E2410, E2410, E2411, Conyers, John, Jr., Mich., E2420 McCollum, Betty, Minn., E2418 E2412 Davis, Danny K., Ill., E2432 McMahon, Michael E., N.Y., E2412 Teague, Harry, N.M., E2428, E2429, E2435 Dent, Charles W., Pa., E2420 McMorris Rodgers, Cathy, Wash., E2432 Visclosky, Peter J., Ind., E2420 Duncan, John J., Jr., Tenn., E2435 McNerney, Jerry, Calif., E2431 Weiner, Anthony D., N.Y., E2423 Emerson, Jo Ann, Mo., E2431 Marshall, Jim, Ga., E2427 Wilson, Joe, S.C., E2410 Eshoo, Anna G., Calif., E2418 Miller, Jeff, Fla., E2422 Wittman, Robert J., Va., E2420, E2422 Faleomavaega, Eni F.H., American Samoa, E2425 Minnick, Walt., Idaho, E2416 Young, Don, Alaska, E2421 Farr, Sam, Calif., E2413 Mitchell, Harry E., Ariz., E2421 Faleomavaega, Eni F.H., American Samoa, E2425

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