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

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

Vol. 156 WASHINGTON, THURSDAY, APRIL 22, 2010 No. 58 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE ANNOUNCEMENT BY THE SPEAKER called to order by the Speaker pro tem- PRO TEMPORE The SPEAKER pro tempore. Will the pore (Mr. PASTOR of Arizona). gentleman from Connecticut (Mr. The SPEAKER pro tempore. The f WELCH) come forward and lead the Chair will entertain up to 10 requests for 1-minute speeches on each side of DESIGNATION OF THE SPEAKER House in the Pledge of Allegiance. the aisle. PRO TEMPORE Mr. WELCH led the Pledge of Alle- f The SPEAKER pro tempore laid be- giance as follows: fore the House the following commu- I pledge allegiance to the Flag of the EXPAND GOLDMAN SACHS nication from the Speaker: United States of America, and to the Repub- INVESTIGATION WASHINGTON, DC, lic for which it stands, one nation under God, (Mr. DEFAZIO asked and was given April 22, 2010. indivisible, with liberty and justice for all. permission to address the House for 1 I hereby appoint the Honorable ED PASTOR minute.) to act as Speaker pro tempore on this day. f Mr. DEFAZIO. Well, all America has NANCY PELOSI, heard about ‘‘too big to fail,’’ and they Speaker of the House of Representatives. MESSAGE FROM THE SENATE are still pretty angry about that and f the bailout of Wall Street. But now A message from the Senate by Ms. PRAYER there is a new addition to the lexicon Curtis, one of its clerks, announced thanks to Goldman Sachs, and that is The Chaplain, the Reverend Daniel P. that the Senate has agreed to without ‘‘designed to fail for profit.’’ Coughlin, offered the following prayer: amendment a concurrent resolution of Goldman Sachs worked with a hedge Lord God, we bless You and thank the House of the following title: fund manager who put together You for Mother Earth. Earth’s beauty H. Con. Res. 222. Concurrent resolution rec- collateralized debt obligations that he calls forth wonder in children and of- ognizing the leadership and historical con- hand-picked because he thought they fers daily sustenance to the elderly. tributions of Dr. Hector Garcia to the His- would fail. Goldman got a fee for put- Earth is common ground for all human panic community and his remarkable efforts ting them together, Goldman sold him life and invites us to be respectful and to combat racial and ethnic discrimination insurance, or bets against them, and in the United States of America. grateful for her diverse gifts of land then Goldman went out and sold to un- and sea. The message also announced that knowing investors those same securi- Help us to learn from her seasons the pursuant to Public Law 85–874, as ties as great investments. wisdom of Your timing. May the vari- amended, the Chair, on behalf of the We are thankful that the Securities ety of her species and the potential of President of the Senate, appoints the and Exchange Commission is back on her resources teach us prudence and following individual to the Board of the beat after a long nap under the perseverance. May her fruitfulness give Trustees of the John F. Kennedy Cen- Bush administration and Chris Cox. We witness to Your ever-faithful love; and ter for the Performing Arts: congratulate Chairwoman Schapiro, her tilt to the Sun model our turn to The Senator from North Dakota (Mr. but we are asking her to expand the You to face every need. CONRAD) vice The Honorable Edward M. scope of her investigation to look at Earth is home for us all, but no one’s Kennedy of Massachusetts. any credit default swaps that were paid lasting city. With all her laws of na- to Goldman Sachs that involved these ture, Earth is stable yet ever-changing, The message also announced that pursuant to Public Law 94–201, as so-called Abacus instruments and making all dependent upon You both whether or not we could reclaim those now and forever. Amen. amended by Public Law 105–275, the Chair, on behalf of the President pro as ill-gotten gains for America’s tax- f tempore, appoints the following indi- payers. THE JOURNAL viduals as members of the Board of f The SPEAKER pro tempore. The Trustees of the American Folklife Cen- HONORING SERGEANT SEAN Chair has examined the Journal of the ter of the Library of Congress: DURKIN last day’s proceedings and announces Patricia Atkinson of Nevada vice (Mr. COFFMAN of Colorado asked to the House his approval thereof. Dennis Holub of South Dakota; and and was given permission to address Pursuant to clause 1, rule I, the Jour- Joanna Hess of New Mexico vice the House for 1 minute and to revise nal stands approved. Mickey Hart of California. and extend his remarks.)

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.

H2803

VerDate Nov 24 2008 01:23 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.000 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2804 CONGRESSIONAL RECORD — HOUSE April 22, 2010 Mr. COFFMAN of Colorado. Mr. thereof.’’ The judge obviously forgot step on the road leading to a new Farm Speaker, there are many heroes from the ‘‘free exercise’’ part. Bill. Colorado who have fought and continue Our Founding Fathers jealously Taking a comprehensive look at the to fight in the global war on terror. guarded the right to free exercise of re- agriculture sector requires us to be di- Today I rise to pay tribute to one hero ligious conscience. Thanksgiving was rect about the impact of policies com- in particular, Army Sergeant Sean started in 1789 by President George ing from Washington to those 30,000 Durkin of Aurora, Colorado. Washington so the Nation could, Nebraskans and agriculture producers On March 27, 2010, Sergeant Sean ‘‘Thank and pray to the Almighty for throughout the country. Measures like Durkin and his fellow soldiers were on blessing America.’’ We start each day the House-passed cap-and-trade bill a mission near Forward Operating Base of Congress with a prayer. Heaven will have dire consequences for agri- Wilson in Afghanistan when their con- knows we need it. We have a long his- culture. As higher energy prices hit voy was struck by an explosive device. tory of honoring the religious founda- other areas of our economy, farmers Sergeant Sean Durkin and two other tion of America’s liberty. and ranchers will pay more for seed, brave soldiers exited the vehicle to re- The National Day of Prayer does not fertilizer, equipment, energy, and other spond to the blast but were all injured seek to establish a government reli- supplies. when a second improvised explosive de- gion. Quite to the contrary, we specifi- My goal is to create policies which vice went off. Sergeant Sean Durkin cally recognize one day each year the will strengthen U.S. agriculture and was gravely wounded and ultimately right of Americans to freely exercise provide long-term stability for our Na- succumbed to his injuries while at Wal- their religion, free from anyone’s inter- tion’s producers who feed America and ter Reed Army Medical Center. ference, including atheists and Federal the world. We must not continue to In 2004, Sergeant Sean Durkin grad- judges. saddle producers with onerous regula- uated from Eaglecrest High School in What’s next, Judge Crabb? You going tions which stand in the way of growth Colorado. Sergeant Sean Durkin is a to ban Thanksgiving and Christmas as and only lead to more uncertainty. shining example of Army service and national holidays? f sacrifice. As a former member of the And that’s just the way it is. LETTER TO THE SEC RE: Army and as a retired Marine officer, f GOLDMAN SACHS AND AIG my deepest sympathies go out to his EARTH DAY (Mr. CUMMINGS asked and was family and to all who knew him. given permission to address the House f (Mr. BLUMENAUER asked and was given permission to address the House for 1 minute.) Mr. CUMMINGS. Mr. Speaker, I rise GOLDMAN SACHS AND BAD BETS for 1 minute.) to ask the Securities and Exchange Mr. BLUMENAUER. Mr. Speaker, (Mr. WELCH asked and was given Commission to do their job. The letter permission to address the House for 1 the last 40 years of Earth Day rep- Mr. DEFAZIO and I wrote to the SEC resent some of my personal highest minute and to revise and extend his re- asks for nothing more and nothing less. hopes, fondest dreams, and greatest marks.) The SEC has sued Goldman Sachs for frustrations about the environment. At Mr. WELCH. Mr. President, last week potential fraud. Rather than jumping times we have watched retreat, denial, we saw two stories about Goldman to the conclusion that there was no Sachs. It made record profits of $1 bil- and in some cases destruction. But we fraud or simply convicting Goldman lion a month for the past 3 months and have also seen people mobilized and Sachs in the court of public opinion, it was sued for civil fraud by the Secu- government respond with ground- Mr. DEFAZIO and our 36 cosigners and I rities and Exchange Commission for breaking legislation. call for an expanded investigation by the manner in which it made that Today, Earth Day is not so much an the SEC. Should fraud be found, we ask money misleading its own clients. issue of hope or despair as one of deter- that any taxpayer money paid by AIG Goldman has transformed itself from mination. The current path we are on and obtained through fraudulent trans- one of the most respected institutions is not sustainable. It’s, indeed, destruc- actions be recovered. on Wall Street to one of the most re- tive. More and more people know the Finally, we are asking that evidence viled for putting itself ahead of its cli- devastating facts. But what is exciting of criminal wrongdoing be turned over ents and the American people. The $1 is that we know what to do about it. to the Justice Department. The SEC billion designed-to-fail Abacus deal for From Girl Scout troops to community must be serious about reining in com- the benefit of a hedge fund billionaire colleges to the United States military, panies who ignore our laws. I am com- who needed to get richer did not create people are moving in the right direc- mitted to this cause, Mr. DEFAZIO is a single new job in America. It did not tion with solutions that are cost-effec- committed to this cause, and our 36 co- provide a single American family with tive and that most agree we should im- sponsors are committed to this cause. a new mortgage. It didn’t help a single plement even if we aren’t concerned I invite all of my colleagues to sign new business get started. It did more to about destabilizing the Earth’s cli- onto the letter and join us. mate. damage the economy than it could pos- f sibly have done to have helped it. The Big question is, Where will we be But the only difference with this on the 50th anniversary of Earth Day? ELIMINATE SWEETHEART DEALS Texas Hold’em new poker game that Will we have risen to the challenge of (Mr. BUCHANAN asked and was Goldman fuels is that when Goldman global pollution, leading by example, given permission to address the House makes a bad bet the American tax- making real progress to a low carbon for 1 minute.) payer is the loser. future while we revitalize American in- Mr. BUCHANAN. Mr. Speaker, I in- f dustry to compete for business at home troduced a bill that would eliminate and abroad? We can, and I hope that we sweetheart deals. Recently, the current JUDGE REJECTS FIRST will. health care bill that got passed, I know AMENDMENT f in my area, in my town hall meetings, (Mr. POE of Texas asked and was talking to a lot of Americans, people given permission to address the House ENERGY AND THE FARM BILL are concerned about the health care for 1 minute.) (Mr. SMITH of Nebraska asked and bill that just passed, but they are out- Mr. POE of Texas. Mr. Speaker, Fed- was given permission to address the raged about the sweetheart deals. eral Judge Barbara Crabb sided with House for 1 minute and to revise and What do I mean? The $300 million some atheists last week and wrongly extend his remarks.) that went to the Louisiana purchase, ruled the National Day of Prayer is un- Mr. SMITH of Nebraska. The Third $100 million that went to a hospital in constitutional. District of Nebraska is one of the larg- Connecticut. People are outraged be- The first amendment to the Constitu- est agricultural districts in the coun- cause they feel it is their money, it is tion states, ‘‘Congress shall make no try and is home to more than 30,000 their taxpayer money, and they are law respecting an establishment of re- farmers and ranchers. Yesterday, the very concerned about it. They feel it is ligion or prohibiting the free exercise House Ag Committee took the first buying votes.

VerDate Nov 24 2008 23:54 Apr 22, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.003 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2805 And that’s the reason I think we have How disrespectful. When President ing which of their Wall Street friends such a low approval rating in this Obama met with Netanyahu in the to rescue. And their bill does nothing country, because they view it as back- White House and had dinner with him, about Fannie Mae and Freddie Mac— room deals, secret deals. This bill will he walked out on that dinner. How dis- the two enterprises at the heart of the eliminate all the sweetheart deals that respectful. economic meltdown. are in this bill. We expect more from our President Republicans have better solutions. I ask my colleagues to join me in when it comes to dealing with Israel Our measure deals with Fannie and eliminating sweetheart deals in the than just disrespect. We expect a re- Freddie and places failed firms into current health care legislation. emphasis of our support for Israel. bankruptcy. It also provides better and smarter regulatory reform, stops the f f policy of ‘‘too big to fail,’’ and protects THE AMT ADJUSTMENT ACT b 1015 taxpayers by ending bailouts once and (Mr. HALL of New York asked and EQUAL PAY DAY for all. was given permission to address the f House for 1 minute.) (Ms. PINGREE of Maine asked and EARTH DAY Mr. HALL of New York. Mr. Speaker, was given permission to address the a critical component of our economic House for 1 minute and to revise and (Ms. SPEIER asked and was given recovery is tax relief for our middle extend her remarks.) permission to address the House for 1 class. I rise today to urge my col- Ms. PINGREE of Maine. Mr. Speaker, minute and to revise and extend her re- leagues to support the AMT Adjust- this week we marked Equal Pay Day, a marks.) ment Act, which eliminates the AMT day when we recognize the unequal pay Ms. SPEIER. Mr. Speaker, I rise from the lives of most middle class of women in this country. Today, today on the 40th anniversary of Earth families and greatly reduces it for the women still only make 77 cents to Day to support the millions of people rest. every dollar earned by men. But this around the world who are dedicating In places with a high cost of living disparity is not a women’s issue. It’s a their time and service to protecting like New York’s Hudson Valley, more family issue. our environment. I commend all of our and more middle class taxpayers find There are just as many women as citizens for their efforts to clean up our themselves paying the excessive AMT. there are men in the workforce now, environment, but most of all, I look We must restore balance to the Tax and women are the breadwinner or co- forward to seeing what we in Congress Code and prevent this millionaire’s tax breadwinner in about two-thirds of all will do to support them. I hope this will include passage of from hitting the middle class for once American families. That is why all of legislation I’ve recently introduced and for all. us, men and women alike, have such a that will restore and protect the larg- H.R. 5077 increases the amount of in- big stake in eliminating this gap. est estuary on the west coast—the San come exempt from the AMT and per- I was proud that my first speech as a Francisco Bay and its watersheds, manently fixes the tax by indexing it freshman in this body was in support of the Lilly Ledbetter Fair Pay Act and which are a national treasure and a re- to the cost of living. Tax day is bad source of worldwide significance. enough already, and it shouldn’t have when that legislation became the first bill that President Obama signed after I also encourage all of us to stand big surprises to the tune of thousands with our constituents this week who of dollars our families have to pay. taking office. I was proud when Maine had Lilly Ledbetter herself to visit our are lending their time and service to Congress must stand up for the mid- activities to clean up our environment. State last month. And I am proud of dle class. I urge support for this bill. One town in my district expects over the fact that Maine has passed a com- f 5,000 people to dedicate their day to parable worth law and made great clean up the local shoreline. Earth Day THE ADMINISTRATION AND strides towards ending pay discrimina- is truly about service, and it’s a great ISRAEL tion in our own State. opportunity for friends and neighbors But for all we have to be proud of, we (Mr. ROGERS of Alabama asked and to come together on behalf of our plan- have so much more to do because when was given permission to address the et. House for 1 minute and to revise and women are paid less, everybody suffers. f extend his remarks.) f Mr. ROGERS of Alabama. Mr. Speak- BAILOUT CULTURE er, I rise today to express my serious END BAILOUTS ONCE AND FOR ALL (Mr. SAM JOHNSON of Texas asked concern about the way the administra- and was given permission to address tion is dealing with Israel and how de- (Ms. FOXX asked and was given per- the House for 1 minute and to revise structive I think their behavior is to mission to address the House for 1 and extend his remarks.) our relationship. minute.) Mr. SAM JOHNSON of Texas. With I would like to remind the adminis- Ms. FOXX. What’s the difference be- all of this talk about another big bank tration that the overwhelming major- tween an ‘‘orderly liquidation fund’’ bailout and protecting companies that ity of the Members of Congress, Demo- and a taxpayer-funded bailout? There are too big to fail, I think we need to crat and Republican, but more impor- is no difference. bring things back into perspective. The tantly the overwhelming majority of Senate Democrats say they need $50 government should not be in the busi- Americans, fiercely support our friend billion to create a new fund so the gov- ness of picking winners and losers—es- Israel and expect the administration to ernment can ‘‘wind down’’ failing fi- pecially not at the expense of the reflect that in their behavior. nancial firms. House Democrats want American taxpayer. We have had this President go to $100 billion more. Both bills increase America was built on freedom and Saudi Arabia and to Egypt to reempha- taxes on consumers at a time when free enterprise. Our Founding Fathers size how important it is to improve re- they can least afford it. never envisioned a Big Brother govern- lations with the Muslim nations. He Once the bailout fund is in place, ment so entrenched in the private sec- didn’t visit Israel while he was over government bureaucrats will decide tor that it would prop up companies there to emphasize how important it which Wall Street firms are too big to like Fannie and Freddie, rescue Wall was to keep and maintain support for fail, and then they’ll use your hard- Street, bail out AIG, and own car com- our relationship with that Jewish earned dollars to pay off the firm’s panies. What incentive does a corpora- State. creditors. Sound familiar? It’s what tion have to be responsible to its em- We have had Vice President BIDEN go they did for companies like AIG with ployees, customers, communities, and there and condemn the construction of the $700 billion TARP bailout. shareholders if it knows Uncle Sam is apartments in Jerusalem. Secretary Now Democrats are pushing ‘‘TARP going to be there to pick up the pieces Clinton did the same thing. Vice Presi- Two.’’ They want to give the govern- when it falls apart? dent BIDEN was an hour and a half late ment the power of a permanent bailout With unemployment at 10 percent for a dinner with the Prime Minister. fund to get back in the game of decid- and companies hesitant to hire new

VerDate Nov 24 2008 23:54 Apr 22, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.006 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2806 CONGRESSIONAL RECORD — HOUSE April 22, 2010 workers, I think the Democrats should Mr. CHILDERS. Mr. Speaker, I rise This is about more than just reform. realize it’s time to stop playing CEO today to honor the life of Ms. Orene It’s about strengthening the system with taxpayer dollars. Ellis Farese—a singular woman of and strengthening our economy and f great accomplishment, style, and un- strengthening all of us in this country. common beauty. Her home was Ash- f EARTH DAY IS OCEAN DAY land, Mississippi, where she was a true MOTION TO INSTRUCT CONFEREES partner of her husband, famed attorney (Mr. FARR asked and was given per- ON H.R. 2194, IRAN REFINED PE- John B. Farese. They served together mission to address the House for 1 TROLEUM SANCTIONS ACT OF in the Mississippi legislature—the first minute and to revise and extend his re- 2009 marks.) couple to do so in our State and the Mr. FARR. Mr. Speaker, I rise today United States. Mr. BERMAN. Mr. Speaker, I ask to commemorate Earth Day and speak The Fareses became the parents of unanimous consent to take from the of the important role our oceans play four exceptional children: John Booth, Speaker’s table the bill (H.R. 2194) to in combating global warming. Kay, Steve, and Jeff. The Farese house- amend the Iran Sanctions Act of 1996 As we celebrate the 40th anniversary hold was a lively and hospitable one, to enhance United States diplomatic of Earth Day, we must remember that always open to friends and to chil- efforts with respect to Iran by expand- Earth Day issues are closely linked to dren’s friends. ing economic sanctions against Iran, ocean health. Think about it. Seventy Mrs. Farese taught by example and with the Senate amendment thereto, percent of the earth is covered by placed a high priority on service and disagree to the Senate amendment, and water. The ocean plays a key role in excellence. She founded the Ashland agree to the conference asked by the climate formation. It is not only the PTA and the Arts Festival, served as a Senate. The Clerk read the title of the bill. atmosphere that collects CO , but also Scout and church leader, and was 2 The SPEAKER pro tempore. Is there the oceans are trapping CO . That is present at every activity involving her 2 objection to the request of the gen- why we have melting ice caps, rising children. In 1938, Mrs. Farese graduated from tleman from California? sea levels, hotter-than-average tem- There was no objection. peratures, and more severe storms and Blue Mountain College—a momentous accomplishment for a woman at that Ms. ROS-LEHTINEN. Mr. Speaker, I periods of drought. have a motion to instruct conferees at Ocean acidification has the greatest time. Through her continued leadership, Mrs. Farese was a role model for the desk. impact on corals, clams, oysters, and The SPEAKER pro tempore. The young women in Ashland affirming crabs. The seafood that we eat, like Clerk will report the motion. that they, too, could accomplish any- salmon, depend on those. Ocean health The Clerk read as follows: thing with their lives. The Fareses put is directly related to land health. As Ms. Ros-Lehtinen moves that the man- we learn about our responsibility for the tiny town of Ashland on the map agers on the part of the House at the con- the sustainable well-being of our plan- and raised the bar for everyone. ference on the disagreeing votes of the two et, we must become concerned citizens Today, their children continue the Houses on the Senate amendment to the bill of oceans as well. Farese legacy of giving begun by their H.R. 2194 be instructed— Earth Day is ocean day. Think about parents. I ask my colleagues to join me (1) To insist on the provisions of H.R. 2194, A bill to amend the Iran Sanctions Act of it. There is more ocean than earth. in honoring this sterling example of Mississippi womanhood and her beau- 1996 to enhance United States diplomatic ef- f tifully lived life. forts with respect to Iran by expanding economic sanctions against Iran, as passed by EPA’S CONTEST USING TAXPAYER f the House on December 15, 2009; and DOLLARS IT IS TIME FOR COMMONSENSE (2) To complete their work and present a conference report and joint explanatory (Mr. OLSON asked and was given per- REFORM FOR WALL STREET statement by no later than May 28, 2010. mission to address the House for 1 (Mr. MURPHY of New York asked The SPEAKER pro tempore. Pursu- minute and to revise and extend his re- and was given permission to address ant to clause 7 of rule XXII, the gentle- marks.) the House for 1 minute.) woman from Florida (Ms. ROS- Mr. OLSON. Mr. Speaker, I rise to Mr. MURPHY of New York. Mr. LEHTINEN) and the gentleman from make Americans aware of a contest Speaker, over the last 10 years, Wash- California (Mr. BERMAN) each will con- being held by the Environmental Pro- ington failed to regulate our financial trol 30 minutes. tection Agency. In an attempt to ex- marketplaces, and some people on Wall The Chair recognizes the gentle- plain how the bureaucracy works, the Street took advantage of that to take woman from Florida. EPA has announced a video contest to ridiculous and dangerous risks with Ms. ROS-LEHTINEN. I yield myself encourage citizens to create videos dollars that they couldn’t back up. such time as I may consume. that explain the Federal rulemaking This must never be allowed to happen Mr. Speaker, this motion comes at a process. The reward for showing how again. All across America, we know critical point in our efforts to prevent your government operates is a prize of what happened. When Wall Street Iran from dealing a devastating blow to $2,500. melted down, Main Street paid the the security of our Nation, the security To some, I realize that might not price. It’s time for us to put in place of our closest allies, and to global secu- seem like a lot of money, but as my commonsense reforms to fix this sys- rity and stability. The gravest threat friend MARSHA BLACKBURN astutely tem. comes from Iran’s rapidly advancing pointed out, $2,500 is the total tax con- I was proud to support the financial nuclear weapons program. tribution for a working American mak- reform that we passed here in the Last week, Lieutenant General Bur- ing just under $30,000 a year. Do we House last fall, and I look forward to gess, the director of the Defense Intel- really want to ask any American to getting a final bill in front of us. We ligence Agency, and General Cart- hand their total tax payment over to must make sure that taxpayers never wright, the vice chairman of the Joint someone who made a YouTube video? again are responsible for bailing out Chiefs of Staff, testified that Iran could Mr. Speaker, we must restore fiscal failed financial institutions. We must produce enough weapons-grade fuel for discipline in the Federal Government, also protect our consumers from some a nuclear weapon within 1 year. But and ending this kind of spending is a of the risky and predatory behavior we even with this alarming scenario, we good place to start. saw in the marketplace from unregu- may be too optimistic given the Ira- f lated organizations pushing mortgages nian regime’s long history of decep- that couldn’t be afforded. And we’ve tion. HONORING ORENE ELLIS FARESE got to inject transparency and ac- Last September, yet another secret (Mr. CHILDERS asked and was given countability into our financial system. Iranian nuclear facility was revealed— permission to address the House for 1 The fresh light of day will disinfect so an underground uranium enrichment minute and to revise and extend his re- many of the ills in our financial sys- plant. Inspectors from the Inter- marks.) tem. national Atomic Energy Agency, or

VerDate Nov 24 2008 02:41 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.007 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2807 IAEA, reportedly concluded that this the choke point for much of the world’s must insist on sections 3(a) and 3(b), facility’s capacity is too small to be of oil supply. which strengthen sanctions regarding use in producing fuel for civilian nu- Diplomacy and engagement have had the development of Iran’s petroleum clear power but is well configured to no real impact on the regime in resources and the export of refined pe- produce material for one or two nu- Tehran. As Iran sprints towards the nu- troleum products to Iran. We must not clear weapons a year. The regime has clear finish line, deadlines set by the reward countries that allow their busi- already announced that it intends to Obama administration for compliance nesses and citizens to provide assist- build 10 new uranium enrichment have been repeatedly disregarded. Now ance to Iran’s nuclear missile or ad- plants and will start construction on the strategy appears to be resting on vanced conventional weapons program two in this coming year. securing a new U.N. Security Council to be rewarded with a peaceful nuclear There is mounting evidence that Iran resolution. However, Russia and China cooperation agreement. Therefore, the has been working on a nuclear warhead see themselves as friends of the regime House must insist on section 3(c), for many years. The IAEA’s Iran report in Tehran and have publicly stated which prohibits such agreements being from February of this year stated that that they will not support a resolution submitted to Congress or entering into its inspectors had uncovered extensive that puts any significant pressure on force. We must insist, Mr. Speaker, on evidence of ‘‘past or current undis- Tehran. In fact, The New York Times those provisions because the executive closed activities’’ to develop a nuclear reported last week that Secretary of branch has not once applied sanctions warhead. Defense Robert Gates ‘‘warned in a se- under the Iran Sanctions Act on in- That same IAEA report, Mr. Speaker, cret 3-page memorandum to top White vestment in the Iranian energy sector. raised concerns ‘‘about the possible ex- House officials that the United States This problem originated more than a istence in Iran of undisclosed activities does not have an effective long-range decade ago when former Secretary of related to the development of a nuclear policy for dealing with Iran’s steady State Albright exercised a sweeping payload for a missile.’’ progress toward nuclear capability.’’ waiver that turned that act into a Iran has long been at work on bal- Mr. Speaker, the Congress must fill paper tiger, and the State Department listic missiles and already has the abil- this vacuum. We must not sit idly by continues to ignore mandatory sanc- ity to strike U.S. forces and our allies and wait for Iran to detonate a nuclear tions under that act on those who are in the Middle East, such as Israel and device. In February of 2006, the Con- assisting Iran’s proliferation activities. in many other areas. gress adopted a concurrent resolution, We must also ensure that section 3(d) But Iran is not stopping there. A re- citing the Iranian regime’s repeated removes ambiguities regarding the cent unclassified report by the Depart- violations of its international obliga- President’s waiver authority and, ment of Defense estimated that Iran tions, underscoring that as a result of thereby, will ensure the speedy implementation of sanctions. And we must may be able to strike the United States these violations, Iran no longer has the insist on section 3(f), which expands with a missile by the year 2015. right to develop any aspect of the nuclear fuel cycle, and urging responsible the definition of petroleum resources b 1030 nations to impose economic sanctions and products and closes loopholes in The threat posed by the Iranian re- to deny Iran the resources and the abil- the original Iran Sanctions Act that gime’s nuclear ballistic missile and unity to develop nuclear weapons. Then have been repeatedly exploited by oth- conventional weapons capabilities is we moved to strengthen U.S. sanctions ers. Because the Iranian threat will magnified by its continued support for on Iran and to render support to Ira- continue to grow, the House must insist also on section 3(h), which extends violent extremism. According to this nian human rights and pro-democracy the Iran Sanctions Act by 5 years. And Pentagon report, Iran is ‘‘furnishing le- advocates through the passage of the because we must not let those who thal aid to Iraqi Shia militants and Af- Iran Freedom Support Act of 2006. ghan insurgents. And Iran provides Yet again, the U.S. has yet to bring have already violated our laws off the Lebanese Hezbollah and Palestinian to bear the full force of U.S. punitive hook, we must insist on sections terrorist groups with funding, weapons measures on the Iranian regime. We 4(a)(1), 4(a)(2), and 4(b)(1). Mr. Speaker, I urge my colleagues to and training to oppose Israel.’’ The have failed to act quickly and deci- support this motion and ask conferees same report stated that ‘‘Iran, through sively before. This may be our last to embrace it and commit to sending its longstanding relationship with Leb- chance to apply pressure on Iran before the strongest possible bill to the Presi- anese Hezbollah, maintains a capa- it is too late. So while the motion to bility to strike Israel directly and to dent’s desk. The clock is ticking. The instruct we are considering calls on the centrifuges in Iran are spinning. Our threaten Israeli and U.S. interests conferees to conclude their work by worldwide.’’ time has almost run out. May 28, it is my hope, Mr. Speaker, With that, Mr. Speaker, I reserve the We know that Iran has a long track that we will not wait that long. We balance of my time. record of using these capabilities. The must strike at the regime’s vulnerabil- Mr. BERMAN. Mr. Speaker, I yield Pentagon report confirms that the Ira- ities and do so quickly and effectively. myself such time as I may consume. nian regime has been involved in or has As such, the motion to instruct con- I rise in strong support of the rank- been behind what the report describes ferees insists on the House-passed ing member’s motion to instruct. The as ‘‘some of the deadliest terrorist at- version of H.R. 2194, the Iran Refined world faces no security threat greater tacks of the past two decades, includ- Petroleum Sanction Act, also known as than the prospect of a nuclear-armed ing: The 1983 and ’84 bombings of the IRPSA. Chairman BERMAN and I, along Iran. We must make certain that the U.S. Embassy and annex in Beirut; the with several other members of the For- prospect never becomes a reality. A nu- 1983 bombing of the Marine barracks in eign Affairs Committee and the House clear Iran would menace, intimidate, Beirut; the 1994 attack on the AMIA as a whole, have introduced IRPSA to and ultimately dominate its neighbors. Jewish Community Center in Buenos target one of the Iranian regime’s key It would be virtually impervious to any Aires, Argentina; the 1996 Khobar Tow- vulnerabilities; namely, its dependence type of pressure from the West, wheth- ers bombing in Saudi Arabia; and many on imported petroleum products, espe- er regarding its support of terrorism or of the insurgent attacks on coalition cially gasoline. The House passed it its crushing of freedom and human and Iraqi security forces in Iraq since overwhelmingly on December 15 by a rights at home, and it would touch off 2003.’’ vote of 412–12. a nuclear arms race in the Middle East In other words, when the Iranian re- The sanctions bill we enact must that would shred the Nuclear Non-Pro- gime threatens America and Israel match the gravity of the growing liferation Treaty and almost inevitably with destruction over and over again, threat. There are several provisions lead to catastrophe. And worst of all, they may mean it. Today the Iranian that the conference report must con- Iran might actually use its nuclear Revolutionary Guard is scheduled to tain if this legislation is to have any arms against those it considers its en- begin a 3-day exercise involving their significant impact. Because Iran’s enemies. missiles and other weapons to dem- ergy sector and its dependence on re- The urgency of this issue is beyond onstrate their ability to dominate the fined petroleum are the regime’s Achil- dispute. Iran quite possibly will be ca- Persian Gulf and the Strait of Hormuz, les’ heel, in the motion to instruct we pable of developing and delivering a

VerDate Nov 24 2008 23:54 Apr 22, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.009 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2808 CONGRESSIONAL RECORD — HOUSE April 22, 2010 nuclear weapon in the next 3 to 5 years, Mr. Speaker, I reserve the balance of (Ms. JACKSON LEE of Texas asked and our task of preventing Iran from my time. and was given permission to revise and achieving nuclear weapons capability Ms. ROS-LEHTINEN. Mr. Speaker, I extend her remarks.) is made more complicated by the fact am so pleased to yield 2 minutes to the Ms. JACKSON LEE of Texas. I thank that we all know that our best weapon gentleman from Indiana (Mr. BURTON), the chairman very much both for his for fighting this battle—economic the ranking member of the Foreign Af- leadership and for this opportunity, sanctions—takes time to work. So we fairs Subcommittee on the Middle East with the ranking member, to really need the strongest possible sanctions, and South Asia. discuss and reinforce some of the prin- and we need them fast. Mr. BURTON of Indiana. I thank the ciples that many of us support in a bi- That’s why I support this motion to gentlelady for yielding. partisan manner. But I rise today to instruct. The House bill, H.R. 2194, the You know, I think my colleagues simply encourage the conference on Iran Refined Petroleum Sanctions Act, have very eloquently explained the this legislation and to be able to sim- is a good, strong measure; and I and my contents of the bill and what we need ply chronicle efforts that I think were fellow conferees will fight for it in con- to do. But the thing I would like to not wasteful, but constructive. ference. We will also work with the talk about for a minute or two are the I do believe the administration’s ef- Senate on measures to help Iran’s ramifications for America and the rest fort at engagement was constructive brave dissidents circumvent regime ef- of the world if we don’t do something. and not wasteful. It is always impor- forts to block their communications. We get about 30 to 40 percent of our en- tant—for those of who us are lawyers— Our colleague, the gentleman from ergy from the Middle East, and if I to create the record, the building Florida, will speak about an additional were talking to the American people, I blocks for the final decision of the provision with respect to State deci- would just say to them that if you look court of law. In this instance, the court sions to disinvest that we want to in- at your lights and you look at the en- of law is the combination of the Amer- clude in this conference report. And I ergy you need for your car and for ev- ican people, this Congress, and this ad- want to send this bill to the President erything else, heating your house, you ministration, and it is, likewise, the by or before the May 28 deadline pro- need to realize that if Iran develops a world community, the United Nations. posed in the motion to instruct. Also, the people of Iran are speaking This bill, along with the Senate bill, nuclear capability and that whole area becomes a war zone, the Persian Gulf, and they are speaking loudly. No one has already done much good. In recent can forget that fateful picture of a months, in anticipation of our sanc- where a lot of oil is transported young lady lying in her own blood dur- tions becoming law, several major en- through, we would see a terrible prob- ing the uprising of the people of Iran, ergy companies have ceased selling re- lem as far as our energy is concerned, not provoked by any world standards fined petroleum to Iran. Others have and that would directly affect our or provocation, but for the people of announced they will not make new in- economy. Iran simply saying enough of the des- vestments in Iranian energy. They are b 1045 potism of this administration, of their making the sensible choice that our So it is extremely important that we country; enough is enough. They were bill encourages, choosing the U.S. mar- do something and do something very, willing to die in the streets. They took ket over the Iranian market. More will very quickly. We have waited too long. to the buildings to make loud noises at make that choice when our bill be- We have been talking about negoti- night, and they continue to pounce comes law. ating with Iran and putting sanctions Meanwhile, our bill is goading other over and over again. on them for the past 4 or 5 years, try- nations to intensify their efforts to Iran is a challenge, and it is a terror ing to get our allies to work with us. achieve a sanctions resolution in the around the world. Having just come The fact of the matter is nothing has U.N. Security Council, and our own ex- back from Yemen, Bahrain, Qatar, and happened, and Iran continues to thumb ecutive branch is getting the message Pakistan, everywhere you went indi- their nose at the rest of the world. This that Congress is able and willing to viduals, leaders in government were is a terrible, terrible threat. A terrorist take the grave matter of sanctions into willing to indicate what a threat Iran our own hands. state, Iran, with nuclear weapons is not was. Just yesterday, in a hearing on April 30 will mark 1 year since we only a threat to the Middle East, to Syria, questions are now rising as to first introduced this sanctions legisla- Israel, our best ally over there, but it Iran’s participation in funding tion. Since then, Iran has increased the is a threat to every single one of us. Hezbollah to go into Lebanon. Of number of its working centrifuges and They are also working on inter- course some of those particular points has reached the one-bomb equivalent mediate range missiles and possibly are being denied, but frankly I think if level in its stock of low-enriched ura- intercontinental ballistic missiles. If there is any reason to move forward on nium. It has enriched uranium to 20 they get those, nobody is safe. So it is a conference, it is the concept of the percent, a big step on its way to mas- extremely important that we take disruption of Iran in the region. tering the process of producing weap- whatever measures are necessary to There are those who are in the Mid ons-grade uranium, and has installed stop Iran from developing nuclear East who want peace. From Jordan, to advanced third-generation centrifuges. weapons. Israel, to other places around, they It has been caught red-handed building Now, today we are taking a great want peace. If we begin to look at a secret reactor near Qom, which re- first step. I hope when this goes to con- Yemen, that is in a distant location, a search suggests could only have been ference committee we come out with place where I visited, we know that it intended for bomb-making purposes, something that is so strong it really is an al Qaeda cesspool. We know that and it has announced plans to build 10 will have an impact on what Iran does. there are young men there that are more reactors. But if it doesn’t, it is important that susceptible to recruitment. All of this Iran is in contempt of the inter- everybody in the world realize that we provides for a disruptive arena, and we national community, and I had hoped have to stop Iran from developing nu- here in this country must provide the that a U.N. Security Council resolution clear weapons because it is a threat to moral standing of peace and democracy requiring tough sanctions, followed im- every single person on this planet in for those who desire so. mediately thereafter by additional one way or another. We have got to So I rise to support the people of muscular sanctions imposed by the Eu- stop nuclear proliferation, but the first Iran, those who are willing to sacrifice ropean Union, would have happened by thing we have to do is stop Iran, a ter- their lives and go into the streets. And now. I know the administration is rorist state, from getting nuclear it is well known that whatever we have doing everything possible to bring that weapons. tried to do, the engagement of the Cold result about. Unfortunately, we are I thank the gentlelady for yielding. War, the standoff, Iran continues to now nearly 4 months into 2010 with Mr. BERMAN. Mr. Speaker, I am seemingly put forward its nuclear ef- Iran on the verge of nuclear weapons pleased to yield 3 minutes to a distin- forts. capability and a U.N. Security Council guished member of the Foreign Affairs I ask for support of this legislation, resolution remains an uncertain pros- Committee, the gentlelady from Texas and I ask my colleagues to vote for this pect. We cannot wait any longer. (Ms. SHEILA JACKSON LEE). motion to instruct.

VerDate Nov 24 2008 23:54 Apr 22, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.011 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2809 Mr. Speaker, I rise in support of H.R. 2194, will soften the international community’s As the chairman knows, I have some the Iran Refined Petroleum Sanctions Act of stance towards Iran. reservations about the effectiveness of 2009. This legislation provides another tool for I would also like to emphasize that the legis- a sanctions regime, but there is no the President to prevent Iran from developing lation before us provides only one tool for question in my mind but that the worst nuclear weapons by allowing the administra- achieving Iran’s compliance with international thing that could happen is military tion to sanction foreign firms who attempt to nonproliferation agreements. I continue to sup- confrontation because that would in supply refined gasoline to Iran or provide them port the administration’s policy of engagement fact unite the Iranian people against with the materials to enhance their oil refin- with Iran and use of diplomatic talks. I believe America and on the wrong side of his- eries. These sanctions would further restrict that diplomacy and multilateralism are the tory. the government of Iran’s ability to procure re- most valuable tools we have to create change Now, it is too easy to think of Iran as fined petroleum. Currently, the availability of in Iran. After those tools fail, I believe that the a monolithic people. The reality is that petroleum products is stagnant in Iran. Private sanctions are an appropriate recourse. Iran is the successor to the great Per- firms have decided that the government of Ms. ROS-LEHTINEN. Mr. Speaker, I sian civilization, and it is a very di- Iran’s refusal to cooperate with the multilateral am honored to yield 2 minutes to the verse civilization. I share the chair- community on nuclear proliferation generates gentleman from California (Mr. man’s concern about the current Gov- a significant risk to doing business with Iran. ROYCE), the ranking member on the ernment of Iran, which I don’t think is I would like to thank Chairman BERMAN for Foreign Affairs Subcommittee on Ter- consistent with Persia’s history; and in incorporating 1 my concerns about the human rorism, Nonproliferation, and Trade. fact their actions have been inex- Mr. ROYCE. I thank the gentlelady rights situation in Iran into the findings of this plicable and inexcusable. And the legislation. It is important that we acknowledge for yielding time. As ranking member of the Sub- chairman is right, obviously, to re- that, throughout 2009, the government of Iran spond. But the reality is that a very has persistently violated the rights of its citi- committee on Terrorism, Nonprolifera- tion, and Trade, I strongly support this substantial portion of the Iranian pop- zens. The government of Iran’s most overt dis- ulation, perhaps a majority, in fact em- play of disregard for human rights happened motion to instruct. I think it is important for all of us to braces American values of democracy in the presidential elections on June 12, 2009. realize that right now Iran is at its and human rights and individual free- As I said on June 19, 2009, ‘‘We must con- weakest point in terms of its capacity doms of expression, collective gath- demn Iran for the absence of fair and free to manufacture enough refined petro- ering, and freedom of worship; but they Presidential elections and urge Iran to provide leum. It has to, at this point for its are not able to do that today. its people with the opportunity to engage in a gasoline, import that into the nation. I appreciate the fact that the chair- Democratic election process.’’ The repression Already the impact, the effect of this man is determined to allow the tech- and murder, arbitrary arrests, and show trials legislation even coming up on the floor nology that would enable the popu- of peaceful dissidents in the wake of the elec- has been effective in backing compa- lation to communicate their ideas, in tions were a sad reminder of the government nies away from doing business with fact to mobilize for the best interests of Iran’s long history of human rights viola- Iran. Imagine what the effect will be if of their nation and their future. We tions. The latest violations were the most re- we pass this legislation. Imagine the ought also to limit the availability of cent iteration of the government of Iran’s wan- impact it will have and the pressure technology that the regime is using for ton suppression of the freedom of expression. that it will bring to bear because the precisely the opposite purposes: to cen- It is important that we are clear that our threat of this legislation has already sor and to perform surveillance against concerns are with the government of Iran and produced a situation in Iran that is those people who would like to em- not its people. The State Department’s Human very, very difficult for civil society and power the Iranian people to take con- Rights Report on Iran provides a bleak picture is making people understand the cost trol of their own future. of life in Iran. The government of Iran, through and the consequences for Iran to con- This bill will be supported, it should its denial of the democratic process and re- tinue down this road. be supported, and, again, I appreciate pression of dissent has prevented the people Now, this morning the GAO will re- the chairman’s leadership. from determining their own future. Moreover, it lease a report that shows that foreign Ms. ROS-LEHTINEN. Mr. Speaker, I is the government of Iran that persecutes its commercial activity in Iran’s energy would like to yield an additional 1 ethnic minorities and denies the free expres- sector is going to begin to increase, minute to the gentleman from Cali- sion of religion. As we proceed with consider- and that will provide cash for Iran’s fornia (Mr. ROYCE), the ranking mem- ation of this legislation, we should all remem- nuclear program. That is why this bill ber of the Foreign Affairs Sub- ber that the sole target of these sanctions is is so important. A similar report 3 committee on Terrorism, Nonprolifera- the Iranian government. years ago showed half as many compa- tion, and Trade. Mr. Speaker, the government of Iran has re- nies involved in this sector; now it is Mr. ROYCE. I thank the gentlelady. peatedly shown its disdain for the international on the increase. The usual way of doing For those of us who have engaged in community by disregarding international non- business of not standing up to the Rus- proliferation agreements. Iran’s flagrant viola- sians and the Chinese and to others this region and have watched neigh- tion of nonproliferation agreements was evi- cannot continue; we have to take ac- boring countries to Iran, watched their denced most recently in the discovery of the tion. propensity to react as Iran has sped up secret enrichment facility at Qom. The govern- Time is not on our side. Enrichment its development, each of those coun- ment of Iran’s continued threats against Israel, capability, the key aspect of a nuclear tries is now looking at going nuclear. I opposition to the Middle East peace process, weapons program, is being mastered by would ask my colleagues to think and support of international terrorist organiza- that government. Not so long ago, I re- about those neighbors of Iran that tions further demonstrate the necessity for ac- member talking here on the floor about would create a heavily nuclearized tion. Iran’s 164 centrifuges, and now the Middle East should Iran succeed in this Iran’s recent actions towards the inter- progress is measured in thousands and and what the impact would be. We can national community reflect a very small meas- thousands of centrifuges. It is working only imagine the turmoil and the tenure of progress. Iran’s decision to allow Inter- on a weapon design, my colleagues, and sions that will come to the Middle East national Atomic Energy Agency, IAEA, inspec- may have a missile to carry that war- should we not succeed in this effort to tors to visit this facility was a positive sign, but head to the United States within 5 prevent Iran from developing these nu- not a sufficient indication of their willingness to years’ time. clear weapons. comply with international agreements. The re- Today, the world’s top terrorist state Tomorrow’s nuclear Iran would thus cent announcement that Iran will accept a nu- has its tentacles throughout the re- have a compounding effect with severe clear fuel deal is also indicative of their willing- gion. consequences for regional security and, ness to engage in dialogue, though it remains Mr. BERMAN. Mr. Speaker, I am as I pointed out earlier, for U.S. secu- to be seen what amendments they will seek to pleased to yield 2 minutes to the gen- rity. So the time for action has long the deal. While these actions indicate a small tleman from Virginia (Mr. MORAN). passed. This bill will greatly help be- degree of improvement in Iran’s position, the Mr. MORAN of Virginia. I thank the cause it targets Iran’s Achilles’ heel at legislation before us today demonstrates that chairman for his leadership on this perhaps the only time that we can ef- only continued dialogue and positive actions issue. fectively do that.

VerDate Nov 24 2008 23:54 Apr 22, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.001 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2810 CONGRESSIONAL RECORD — HOUSE April 22, 2010 Mr. BERMAN. Mr. Speaker, I am ille Chamberlain philosophy and fool succeed. Our efforts with the EU, led pleased to yield 2 minutes to the au- ourselves that the Iranians will hon- by the indomitable Stuart Levey, have thor of Florida legislation with respect estly negotiate with the world. They been effective, but they haven’t yet to disinvestment from Iran’s energy lie to the world and the United States changed Iran’s course. sector, our newest Member, the gen- so they can buy time to build their nu- Our country must continue its lead- tleman from Florida (Mr. DEUTCH). clear weapons. More talking will not ership role. Our efforts at diplomacy Mr. DEUTCH. Mr. Speaker, the mo- bring peace in our time. It will only and at unilateral sanctions must drive tion before us today is based on the allow them to build nuclear weapons. stronger multilateral diplomacy and simple fact that a nuclear-armed Iran sanctions. That is why Congress must b 1100 is an unacceptable threat to our na- move to conference on Iran sanctions tional security, poses an existential So this sanction must work. It must legislation and why it must enact by threat to our vital ally, Israel, and will be enforced. Prevent companies from an overwhelming bipartisan vote the ignite a destabilizing arms race dealing with our enemy government, strongest package. That package throughout the Middle East. the Iranian Government, and do not should include divestments, and it We must take whatever action is nec- allow Iran to receive refined gasoline. should expand sanctions on individuals, essary to prevent Iran from acquiring We must mean it and we must enforce institutions, as well as on nongovern- nuclear weapons. Iran is the world’s this. mental entities, and it must cripple leading sponsor of terror; its President The long-term solution with Iran is Iran’s ability to import refined petro- denies the Holocaust, and he has open- that there is a regime change. We hope leum products. ly declared his intention to wipe Israel the good people of Iran change their Let me be clear, Mr. Speaker. Our off the map. rogue government, a government that problem is not with the Iranian people To be included among the powerful doesn’t even represent the people, a but with its government’s reckless sanctions in this legislation is the re- government that had fraudulent elec- policies. Iran with nuclear weapons not moval of barriers that State pension tions last year and that took over con- only poses an existential threat to boards raise which prevent the divest- trol again. Israel; it poses an existential threat to Our government, our country, our ment of holdings in companies that us and to countries everywhere which people must be vocal about our support help to fund Iran’s nuclear weapons espouse Democratic values. program. of this resistance movement. Iranians Ms. ROS-LEHTINEN. Mr. Speaker, I In 2007, the Florida legislature passed will, hopefully, remove their govern- am honored to yield 2 minutes to the ment by themselves and will peaceably critical legislation that mandated that gentleman from Illinois (Mr. KIRK), an workers’ pension funds could not be set up a government that represents to esteemed member of the Committee on used to support Iranian nuclear weap- the world that it will bring peace to Appropriations. ons. In Florida alone, we removed more the world. Mr. KIRK. Mr. Speaker, as the Ira- That is the great hope for Iran. That than $1 billion from companies that nians accelerate their nuclear pro- is the great hope for the world—a put their profits ahead of this Nation’s gram, indications are that America peaceable regime change in Iran. national security. That is one State. Right now, we need sanctions, and we may be losing its nerve. In its latest re- This legislation will permit every need to let them know we mean it be- port to Congress, the CIA said that State to divest from Iran just as Flor- cause we are not going to continue to Iran has continued to expand its nu- ida and 20 other States have already talk forever and to hope that they will clear weapon infrastructure and that it done. The divestment effort will be- negotiate and play nice. has continued uranium enrichment. come a full-fledged movement. And that’s just the way it is. This follows reports by the U.N.’s IAEA The threat from Iran is real. This Mr. BERMAN. Mr. Speaker, I am that Iran has mastered the art of mak- threat is unacceptable, and it demands pleased to yield 3 minutes to the gen- ing low-enriched uranium and that it is this aggressive effort on the part of the tlewoman from California (Ms. HAR- halfway to its goal of making bomb- United States and our allies. MAN). grade fissile material. Ms. ROS-LEHTINEN. Mr. Speaker, I Ms. HARMAN. I thank my California So what are our options? would like to yield 3 minutes to the colleague for yielding to me, and I We know that Iran’s greatest weak- gentleman from Texas, Judge POE, a commend him for his leadership on this ness is its dependence on foreign gaso- member of the Committee on Foreign issue. line. The mullahs have so mishandled Affairs, because that’s just the way it Mr. Speaker, in the course of my Iran’s economy since 1979 that this is. service on virtually all of the security- leading OPEC, oil-producing nation is Mr. POE of Texas. I thank the gentle- related committees in this House, I dependent on gasoline for 40 percent of lady for yielding. have visited some of the most dan- its needs. Mr. Speaker, Iran is the world threat. gerous and austere places on the plan- I wrote the first gasoline sanctions They along with North Korea are work- et—rugged, remote areas that provide resolution with my colleague ROB AN- ing together to plot and build nuclear sanctuary to the most ruthless and DREWS in 2005. Over time, my col- weapons to threaten the rest of the cunning terrorists. As a result, I am leagues and I have built a bipartisan world. often asked to name those countries coalition with Congressman SHERMAN Ahmadinejad, the little fellow from which I think pose the greatest threat behind a policy of ending Iran’s gaso- the desert, has already said that when to the security of our country and to line sales. he gets nuclear weapons, his first tar- the world. Iraq? Pakistan? Afghani- I want to thank Chairman BERMAN get is Tel Aviv in Israel. He has made stan? Yemen? and Ranking Member ROS-LEHTINEN for it clear to the world that he wants to My answer every time is: Iran, Iran, their success in bringing this bill to destroy Israel and he wants nuclear Iran. the floor. In these partisan times now, weapons; he wants missiles from North Given the zeal with which it pro- when have 514 Senators and Congress- Korea to do that. But his threat is not motes and supports instability in the men agreed on anything? But they just to the Israelis. It is to the entire Middle East, given its myopic obses- agree on cutting off Iran’s gasoline. region, and even to the United States. sion with the destruction of Israel, its Now, without decisive bipartisan ac- He continues to rant about how he arming of and financial assistance to tion soon, the security of our children wants the destruction of the West. Hezbollah and Hamas, and its implac- and of our allies may depend on the He helps Hezbollah in the north and able, duplicitous march towards a nu- good behavior of a terrorist nation now he helps Hamas in the south both to clear weapons capability, in my view, armed with the most dangerous weap- engage and cause terror in Israel. Our no other country comes close. on. So, as Congress has been sleeping, I answer has been, Well, let’s talk to The question that confronts us is how think we should wake up. We should fi- them; let’s tell the Iranians that to cause Iran’s government to abandon nally sign this bipartisan bill. they’re not playing nice, that they are interest in a nuclear weapons program. To Congress: Pass this legislation. To going to cause problems in the world. Most agree—certainly, I do—that a the President: Sign it and then seal off Mr. Speaker, we cannot adopt the Nev- multilateral approach is most likely to Iran’s gasoline.

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.015 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2811 Without unilateral action to cut off through one tiny, little line at a time, and I am sure that is not what we want Iran’s gasoline, no other sanctions pol- just one at a time, one at a time, one to happen. This legislation will under- icy is serious. With it, we have a at a time. mine any future efforts by the adminis- chance to remove a great danger to the That is why we are here today, be- tration to engage diplomatically with security of American and Israeli chil- cause we in the West, we in the United Iran by limiting the tools the adminis- dren. States, are on to what the Iranian lead- tration can use. Reports suggest that Mr. BERMAN. Mr. Speaker, I am ership is doing. They are being incred- Iranians have delayed any agreements pleased to yield 2 minutes to the gen- ibly provocative. There is no legiti- with the United States for a fuel swap tlewoman from New York (Mrs. mate nuclear ambition for Iran. This is due to internal divisions. LOWEY), the chair of the Foreign Oper- a regime that has said that Israel, our We must stand in support of the cou- ations Subcommittee on Appropria- greatest ally in the Middle East, has no rageous battle for human rights and tions. right to exist. They’ve said one provoc- democracy that the Iranian people are Mrs. LOWEY. I want to thank the ative thing after another. engaged in, many at the cost of their chair for his leadership on this very History is filled, Mr. Speaker, with lives. important issue. examples of weakness and ambiguity in Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. Speaker, I want to express my foreign affairs. What is the result? yield 2 minutes to the gentleman from strong support for H.R. 2194, the Iran Largely, the result is calamity. Arizona (Mr. FRANKS), a member of the Refined Petroleum Sanctions Act, Now we have a chance to be united, Armed Services and Judiciary Commit- which mandates tighter sanctions to all come together to say we are not tees. against the Iranian regime. With its going to stand for this. We have come Mr. FRANKS of Arizona. I thank the continued defiance of the international up with a remedy, and it is time for the gentlewoman. community and with the clock ticking conferees to move forward and to cre- Mr. Speaker, the ominous intersec- on their nuclear capabilities, now is ate this very tough and solid sanction tion of Jihadist terrorism and nuclear the time for action. against the petroleum products going proliferation has been inexorably and This week, Iran announced its test- into Iran. I urge the conferees to move relentlessly rolling toward America ing of various missiles and weapons ca- quickly. and the free world for decades. We now find ourselves living in a pabilities. U.S. officials have said Iran Mr. BERMAN. Mr. Speaker, I am time when the terrorist state of Iran is could develop a ballistic missile capa- pleased to yield 2 minutes to the gen- on the brink of developing nuclear ble of striking the U.S. by 2015, and tleman from Ohio (Mr. KUCINICH). Mr. KUCINICH. Mr. Speaker, I sup- weapons. If that occurs, all other issues they have said that Iran’s continued port the Obama administration’s his- will be wiped from the table because existential threat to our strongest ally toric efforts at nuclear weapon non- whatever challenges we have in dealing in the Middle East, Israel, presents dire proliferation and nuclear security. It is with Iran today will pale in comparison global security implications. a recognition that our security depends to dealing with an Iran that has nu- I urge the conferees to act with haste on dialogue and negotiation between clear weapons. to address these urgent challenges with nations. It was reflected in a proposal Yet, Mr. Speaker, the Obama admin- tough crippling sanctions. Let the that was made last year to freeze Iran’s istration seems to remain asleep at the speed with which Congress finalizes nuclear programs at existing levels. wheel. We see repeated signals that the this legislation to sanction Iran be a Now, in December of last year, I led Obama administration may already be message to the international commu- the effort to oppose H.R. 2194, the Iran adopting a policy of containment. It is nity that time is of the essence if we Refined Petroleum Sanctions Act. I beyond my ability to express the dan- are to contain Iran’s threat to secu- stand here today, almost 5 months ger of such a policy. I am afraid that rity, stability and prosperity world- later, to reaffirm my objections to the the last window we will ever have to wide. underlying bill, and 5 months later, we stop Iran from gaining nuclear weapons Again, I thank the gentleman from have not come any closer to a diplo- is rapidly closing. California and the gentlewoman from matic resolution to our objections to While it is unlikely that the bill be- Florida for their efforts. I urge my col- Iran’s nuclear proliferation program fore us will be enough to prevent Iran leagues to vote in support of this mo- nor have we attempted to amend the from gaining nuclear weapons by itself, tion to instruct. language of the Iran sanctions bill to it is a step in the right direction, and GENERAL LEAVE ensure that it does not come at the I applaud its sponsors. I only pray that Ms. ROS-LEHTINEN. Mr. Speaker, I cost of the well-being of the Iranian the Obama administration will wake ask unanimous consent that all Mem- people we claim to support. up in time to prevent Iran from becom- bers may have 5 legislative days to re- Iran imports 40 percent of its gaso- ing a nuclear armed nation, from vise and extend their remarks on the line. Leaders of Iran aren’t going to threatening the peace of the human motion to instruct. lack for gasoline, but the people of Iran family, and from bringing nuclear ter- The SPEAKER pro tempore. Is there already suffer. We have to ask our- rorism to this and to future genera- objection to the request of the gentle- selves: tions. woman from Florida? Will this cause them to turn against Mr. BERMAN. Mr. Speaker, may I There was no objection. their government or will it cause them get the time remaining on both sides? Ms. ROS-LEHTINEN. Mr. Speaker, I to turn against the United States in The SPEAKER pro tempore. The gen- yield 2 minutes to the gentleman from our efforts to bring about a cessation tleman from California has 131⁄2 min- Illinois (Mr. ROSKAM), a member of the of Iran’s nuclear program? If we cared utes remaining. The gentlewoman from Committee on Ways and Means. about the Iranian people, we would not Florida has 61⁄2 minutes remaining. Mr. ROSKAM. I thank the gentle- be back on the House floor, considering Mr. BERMAN. I yield myself 1 woman for yielding. Iran sanctions. minute. Mr. Speaker, not long ago, I was Congress can better demonstrate its Mr. Speaker, my friend from Ohio briefed by an official on Iran’s provoca- commitment to the Iranian people and (Mr. KUCINICH) articulated his reasons tive action, and he gave a challenge in to their brave demonstrations for de- for opposing this legislation. We are that briefing. mocracy by focusing on efforts to ad- now, of course, voting on a motion to He said, Print out on your computer dress the egregious human rights, civil instruct on the legislation, but I want a red line. Print a big, thick, red bar on liberties and civil rights abuses that to just take issue with several of his a white sheet of paper, and look at it they endure. The legislation under con- points. from a distance. You’ll think it’s a sideration will only play into the hands Firstly, the reason there has not solid red line, but if you’ll look at it up of the Iranian regime by diverting at- been a diplomatic resolution of the close, what you will see is that it is ac- tention away from the significant so- problem is that the regime in Iran has tually a series of tiny, little pink lines cial and economic problems that must refused to engage in any meaningful all pushed together, but they’re indi- be addressed. and serious way in a resolution which vidual little lines. He said, What Iran I fear that this legislation will actu- would require them to change their be- has figured out is a way to break ally strengthen the hard-liners in Iran, havior to end their ambition to obtain

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.019 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2812 CONGRESSIONAL RECORD — HOUSE April 22, 2010 a nuclear weapons capability, and that changer that would set off a nuclear Mr. BERMAN and Ms. ROS-LEHTINEN re- is where the blame lies. It is not be- arms race throughout the Middle East, ported out a bill. That is why we cause diplomatic alternatives have permanently destabilizing the world’s passed a bill. That’s why the Senate been ignored. It is because they have most dangerous region. has passed a bill. And now it’s time to been undertaken and rebuffed by the Top U.S. military officials recently go to conference. It’s time to resolve regime in Iran. warned Congress that within 1 year the differences that exist and send a The SPEAKER pro tempore. The Iran will have the fissile material it clear and unmistakable message. time of the gentleman has expired. needs to make a nuclear weapon. Once The dangerous consequences of inac- Mr. BERMAN. I yield myself 1 addi- Iran gets the bomb, the concept of de- tion range from a fierce regional arms tional minute. terrence that underpins U.S. national race to a nuclear umbrella for ter- Secondly, I disagree very much with security is no longer valid. rorism, to the unthinkable. With the gentleman’s contention that our ef- The resounding voice of history re- American and international security at fort to seek to change Iranian behavior minds us that we ignore the threats of stake, Iran’s nuclearization is a grave and to reverse Iran’s decision to pursue dangerous men and dangerous regimes proximate threat and cannot stand. nuclear weapons through the imposi- at our own peril. That’s why Congress That is why the United States must do tion of strong, robust, meaningful eco- must rise to the occasion and send the everything in its power, Mr. Speaker, nomic sanctions, both through this leg- message to the world that the United to stop Iran’s nuclear pursuit. islation and, even more importantly, States will not tolerate a nuclear Iran. Through years of diplomatic silence, through tough international sanctions It is time for a concerted effort to im- Iran’s nuclear program grew. President by the community of nations, is going pose sanctions with real teeth, and Obama took a course of patient engage- to cause the Iranian people to turn that begins here today with the Iran ment. And while Iran’s unwillingness against us on behalf of their regime. Refined Petroleum Sanctions Act. to negotiate in good faith has been ex- We must block the shipment of all re- posed to the world, it has grown even b 1115 fined petroleum to Iran, and we must closer to its goal. Today, the Inter- These are people who have risked cut off all international companies who national Atomic Energy Agency feels their lives, their freedom, their liberty. do business with Iran’s Revolutionary that Iran has enough low-enriched ura- They have been subject to execution, Guard from the U.S. financial system. nium for two nuclear bombs. murder, imprisonment, all kinds of re- Iran’s trading partners must under- So time is of the essence. By pro- pression, efforts to suppress their stand that they will no longer conduct ceeding with this motion, Congress speech and their political liberties by business with the regime in Tehran moves closer to the imposition of sanc- that regime and have taken great with impunity. tions that will hit the Iranian economy risks, notwithstanding the way that re- Mr. Speaker, these are times of sharp at its weakest points: its banking sys- gime has reacted. I would suggest that partisan divide in our Nation’s capital, tem, the Revolutionary Guard Corps, those people will know more than any- but today we have the chance to come and the refined petroleum Iran depends one that the consequences that are together to take a major step forward upon. befalling the people of Iran are a result in the interests of world peace. The I support, strongly, this motion, of the regime’s behavior, not the inter- time for decisive action to head off the knowing full well that sanctions are national community and America’s ef- regime in Iran’s nuclear program is never a perfectly precise instrument forts to change Iran’s behavior. now. and that they may mean hardship for Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. BERMAN. Mr. Speaker, before I ordinary Iranians who already suffer am so honored to yield 5 minutes to yield to the majority leader, I yield under the repressive regime in Iran. the gentleman from Virginia (Mr. CAN- myself 30 seconds. But I support sanctions nonetheless be- TOR), our esteemed Republican whip One year and 3 months ago, America cause they can work when the inter- and a member of the Committee on was pretty isolated in its goal of trying national community recognizes that an Ways and Means. to stop Iran from getting a nuclear outlaw nation poses a common threat Mr. CANTOR. I thank the gentle- weapon. We absolutely need to move to us all, a case that President Obama woman for yielding. I want to salute, quickly because Iran is moving quick- and Secretary Clinton are making per- first of all, the gentlewoman’s leader- ly. But there can be no doubt that the suasively, as was the point of the ship on this issue as well as that of the result of the events of the past 15 chairman of the committee, to our fel- gentleman from California in bringing months have changed the dynamic fun- low Security Council members and a this to the floor. I would also like to damentally where the international case that the administration continued thank the majority leader for bringing community now recognizes the threat to make at this month’s nuclear secu- this to the floor as well. Iran’s nuclear weapons pose and it is rity summit. An extraordinary sum- Mr. Speaker, last year the new ad- Iran who is isolated, not America. That mit, I might add, of historical prece- ministration came to power insisting it is a direct result of the fundamental dence, where 47 nations from around had a new approach that would head off change of policy. the world came here to Washington to the looming threat of a nuclear Iran. Mr. Speaker, I am now pleased to meet together, including the President By talking to and engaging with the yield 1 minute to a great advocate of of China, to say that nuclear prolifera- regime in Tehran, the administration this legislation and of achieving this tion poses a danger to all, not just to a said we could convince the world’s goal, the majority leader. single nation, not just to a regional most active state sponsor of terrorism Mr. HOYER. I thank my friend of group of nations, but to all. to abandon its nuclear weapons pro- some 45 years, the chairman of the I support sanctions because Tehran gram. And if that didn’t work, America committee, for yielding. And I want to, can choose, at any time, to negotiate ostensibly would gain the ‘‘moral au- before I start my remarks, say that I in good faith and set aside its aggres- thority’’ to galvanize China, Russia, agree with him with respect to his ob- sive nuclear pursuit. And I support and the rest of the world to go along servations regarding the Obama admin- sanctions because when properly de- with a regime of crippling sanctions istration’s efforts that are bearing signed, they can be a source of power- against Tehran. positive fruit with respect to our allies ful pressure on the Iranian regime, Fifteen months and countless missed around the world. We are not where we pressure both external and internal. deadlines later, the administration’s need to be and they are not all allies, As Britain’s Telegraph newspaper re- strategy has failed. Our lack of resolve but they certainly are partners in reported on Monday, ‘‘there is now in- has only enabled Iran to accelerate its sponding to this threat to the inter- creasing resentment that Iran’s once illegal activities. national community. popular nuclear program could be dis- Let us take this opportunity to re- We know what a grave danger a nu- tracting from more urgent needs in the member how high the stakes are. The clear Iran would pose to America’s se- face of economic mismanagement and danger of a nuclear Iran is not hypo- curity, to our ally Israel’s security, sanctions. Far from resenting the U.S.- thetical; it is real. It is a direct and se- and, indeed, to the security of the designed sanctions, Iranians blame the rious threat to America. It is a game international community. That is why slowdown on their own government.

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.021 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2813 ‘‘ ‘Nuclear energy is something that I avoid the Hobson’s choice of having a Iran stands essentially alone in support supported, but why go about it in this situation where the advisers come in to of the proposition that its behavior has way?’ asked an Iranian citizen Zori the President and say, Mr. President, been justifiable. Baghi, a pensioner and father of two.’’ here are your two choices: One, do The sanctions that are proposed by He went on to ask, ‘‘ ‘If it is legitimate, nothing in Iran, who will have nuclear the underlying bill will be effective be- then why are we suffering for it in this weapons in a couple of weeks; two, cause they will force the Iranian lead- way? If it’s not legitimate, then do it militarily attack Iran. We don’t want ership to choose between the prospect in the right way or give it up. We’re that Hobson’s choice. We have to avoid of prosperity if they drop their nuclear paying too heavy a price,’ ’’ so said an a choice of military action or a nuclear chicanery and the certainty of eco- Iranian citizen about that country’s Iran. nomic stress if they persist in retain- nuclear ambitions. The Bush administration was here ing it. It is my belief, my colleagues, that if for 8 years. They pursued a policy of The best evidence that these sanc- smart sanctions take effect, more and talk tough and carry a toothpick. They tions are effective is the crash program more Iranians will come to the same talked tough but stopped nothing, and the Iranians themselves have em- conclusion and so, hopefully, will the for 8 years the centrifuges increased barked on to switch from gasoline to Iranian regime. Sanctions will show and increased in number and went natural gas as a means of propelling the regime that its embrace of nuclear round and round and came closer and vehicles. proliferation carries a cost that is far closer to a nuclear Iran. More important than how to do this, too high. We cannot expect a change of Now we have an administration that though, is why to do this. In the early heart from Tehran, but we can demand comes in with a policy of big sticks and 1930s, there were ugly statements and a change of behavior. big carrots and says first we will en- vicious images coming out of Europe. My colleagues, this action is timely gage the Iranians. We will show them People insisted that people who wor- and perhaps past time, but it is always the advantages of avoiding a nuclear ried about that were exaggerating the timely to do the right thing, to speak status, and we will by so doing estab- threat. So much of the world, includ- up, to act, and to encourage our allies lish the foundation for unified, not uni- ing, sadly, the United States turned as well and our partners and our fellow lateral, sanctions action against Iran if away as those ugly signals were sent. citizens in this globe to act in a way necessary. The result was a tragedy of unspeak- that will protect them and protect our able proportions: 6 million innocent b 1130 international community. people killed in the Holocaust. So I rise in strong support of this mo- Now we’ve reached the stage where Today, there are ugly signals and tion to go to conference and the mo- we have to start engaging in real sanc- words coming out of Tehran. tion to instruct, and I thank my chair- tions, and we have allies, and we will The SPEAKER pro tempore. The man for his leadership on this issue. He get those sanctions, and we must take time of the gentleman has expired. is working both to have effective ac- tough sanctions to avoid that Hobson’s Mr. BERMAN. I am pleased to yield tion taken by the Congress and to as- choice. 30 additional seconds to the gentleman. sist the administration in reaching the And this resolution before us is part Mr. ANDREWS. There are ugly sig- objective in as positive a way as is pos- of that, to impose tough sanctions on nals saying that one Holocaust is not sible. the Iranians to make them reconsider, enough, that the Jewish state should Ms. ROS-LEHTINEN. Mr. Speaker, I or to make it impossible for them to be wiped off the face of the Earth. continue to reserve the balance of my develop nuclear weapons. We ignore these ugly signals at our time. So we must establish this now. We own peril. We should learn the terrible Mr. BERMAN. Mr. Speaker, I am must pass this resolution because we history of the thirties and not repeat pleased to yield 3 minutes to the gen- do not want a Hobson’s choice of mili- it. We should act swiftly, decisively tleman from New York (Mr. NADLER). tary action or a nuclear Iran, the lat- and united with the rest of the world to Mr. NADLER of New York. I thank ter of which is intolerable, and the first impose meaningful sanctions on the the gentleman for yielding. of which is something we should not Iranian Government that will prevent Mr. Speaker, we all know that the ever want. the day of an Iranian nuclear weapon prospect of an Iranian state armed So I urge my colleagues to pass this from ever occurring. with nuclear weapons is simply intoler- resolution, and I thank the gentleman I thank the chairman for his leader- able for the world. It poses an existen- from California (Mr. BERMAN) and the ship on this issue, urge a ‘‘yes’’ vote tial threat to our ally Israel. It would gentlelady from Florida (Ms. ROS- and the swift adoption of the under- pose the threat of terrorism all over LEHTINEN) for bringing it to the floor. lying legislation. the Middle East under a nuclear um- Ms. ROS-LEHTINEN. I continue to Ms. ROS-LEHTINEN. Mr. Speaker, I brella, so we wouldn’t be able to oppose reserve, Mr. Speaker. continue to reserve. what Iran was doing. It poses a threat Mr. BERMAN. Mr. Speaker I am Mr. BERMAN. Mr. Speaker, I have of a nuclear arms race in the Middle pleased to yield 2 minutes to the gen- one additional speaker requesting East. It poses the threat that we can- tleman from New Jersey (Mr. AN- time. I am pleased to yield 3 minutes not rule out that this regime would DREWS), one of the original creators of to the gentleman from New York (Mr. give a nuclear weapon to a terrorist the concept of refined petroleum sanc- ENGEL), chairman of the Western group like al Qaeda to use we can only tions as a sanction. Hemisphere Subcommittee, a hemi- guess where. (Mr. ANDREWS asked and was given sphere which has already seen Iranian Finally, some people say, you know, permission to revise and extend his re- efforts to penetrate. we coexisted with a nuclear Soviet marks.) Mr. ENGEL. Mr. Speaker, I thank Union for 40 years, 50 years. We de- Mr. ANDREWS. Mr. Speaker, there is the chairman for yielding to me. I terred them, deterrence works. Deter- a justifiable and broad consensus in our thank the gentlewoman from Florida rence cannot work when you have a country and in this Congress that the (Ms. ROS-LEHTINEN) for her strong government that is religious in nature, regime in Iran cannot have a nuclear voice. many of whose elements are weapon. The issue is how to achieve And, boy, if there was ever anything millenarian; that is, they believe that that objective and why to achieve that that’s bipartisan, it’s this resolution. the final destruction of Israel even if it objective. The one good thing that Iran has done causes a nuclear war would bring on We cannot act in isolation to achieve is brought us all together because we the return of the Hidden Imam more the objective. We must act to isolate realize that the Iranian threat to the quickly. You cannot reason with a sui- Iran. This has been the fruit of the per- world is the world’s biggest threat. cide bomber. You cannot deter a sui- sistent diplomacy engaged in by the Iran remains the leading sponsor of cide bomber, which is in essence what administration, assisted very nobly by terrorism around the world; and, as parts of the Iranian Government are. Chairman BERMAN and our ranking was mentioned before, the President of So we must prevent Iran from get- member that has brought us to a point Iran, Ahmadinejad, has threatened to ting nuclear weapons. We also must where the world is now isolating Iran. wipe Israel from the face of the Earth.

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.023 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2814 CONGRESSIONAL RECORD — HOUSE April 22, 2010 But the threat is not to Israel alone. Ms. ROS-LEHTINEN. Mr. Speaker, I businesses to curtail their activities with Ira- It’s to Europe, it’s to the United yield myself my remaining time. nian businesses, we must significantly in- States, it’s to the entire world; and the Mr. Speaker, for several years we crease pressure on Iran to persuade it to end entire world must speak with one have watched Iran move ever closer to its nuclear program. The United States and voice. acquiring a nuclear weapons capa- the international community must send a very I’m a proud cosponsor of H.R. 2194, bility. No rational person can question clear signal that Iran faces a stark choice— the Iran Refined Petroleum Sanctions that that is Iran’s goal. And yet, even Iran must end its illegal nuclear enrichment Act, and I want to commend Chairman though Iran has violated its inter- program or it will face increasingly severe con- BERMAN for this initiative, and Con- national treaty obligations, defied re- sequences. All options for ending that program gresswoman ILEANA ROS-LEHTINEN as peated U.N. Security Council resolu- should remain on the table. well. tions, had one secret nuclear site after Mr. PAUL. Mr. Speaker I rise in opposition Only a few short months ago, the another revealed to the world, and re- to this motion to instruct House conferees on world learned of the secret Iranian nu- jected every offer to negotiate, the H.R. 2194, the Comprehensive Iran Sanctions, clear enrichment facility near the city world has let it happen. Accountability and Divestment Act, and I rise of Qom. If there was ever any doubt We, in this Chamber, have been elect- in strong opposition again to the underlying bill that Iran was trying to build nuclear ed to defend and promote the interests and to its Senate version as well. I object to weapons, this revelation dispelled any and security of our country. We must this entire push for war on Iran, however it is shred of that doubt. The facility was do everything we can to force Iran’s disguised. Listening to the debate on the floor kept secret from the IAEA, the Inter- leaders to change course and abandon on this motion and the underlying bill it feels national Atomic Energy Agency. It was their pursuit of nuclear weapons be- as if we are back in 2002 all over again: the built deep in a mountain on a protected cause the American people and our al- same falsehoods and distortions used to push military base. This is precisely how a lies are their intended targets. We the United States into a disastrous and unnec- country conceals a nuclear weapons know this because they have repeat- essary one trillion dollar war on Iraq are being program and defies U.N. Security edly told us. trotted out again to lead us to what will likely Council resolutions, not how it devel- We cannot rely on hope for deliver- be an even more disastrous and costly war on ops peaceful energy technologies. ance because that will only guarantee Iran. The parallels are astonishing. However, although Iran is a leading our destruction. So we must act quick- We hear war advocates today on the Floor producer of crude oil, it has limited rely, and we must act decisively. scare-mongering about reports that in one fining capacity. And this bill will in- The bill that the House passed over- year Iran will have missiles that can hit the crease leverage against Iran by penal- whelmingly last December, the Iran United States. Where have we heard this izing companies that export refined pe- Refined Petroleum Sanctions Act, rep- bombast before? Anyone remember the troleum products to Iran or finance resents the best opportunity we have claims that Iraqi drones were going to fly over Iran’s domestic refueling capabilities. to do precisely that. If we, and our col- the United States and attack us? These It’s my hope that the administration leagues in the Senate, can craft a ‘‘drones’’ ended up being pure propaganda— will apply these additional sanctions to strong measure that can then be sent the UN chief weapons inspector concluded in make absolutely clear to the Iranian to the President, we will have met our 2004 that there was no evidence that Saddam regime that the world will not accept responsibility to the American people. Hussein had ever developed unpiloted drones its nuclear ambitions. I am confident, Mr. Speaker, that we As chairman of the Subcommittee on for use on enemy targets. Of course by then can defeat the menace that is posed by the Western Hemisphere of the House the propagandists had gotten their war so the Iran before it has a chance to strike us, Foreign Affairs Committee, I’d also truth did not matter much. but our time is running out. like to raise one additional concern We hear war advocates on the floor today Let us support this motion. Let us which arose at my October hearing on arguing that we cannot afford to sit around send a strong bill to the President’s Iran’s role in the Western Hemisphere. and wait for Iran to detonate a nuclear weap- desk. Venezuelan leader Hugo Chavez re- on. Where have we heard this before? Anyone Mr. VAN HOLLEN. Mr. Speaker, we meet cently agreed to provide 20,000 barrels remember then-Secretary of State Condoleeza today to consider a motion to appoint con- per day of refined gasoline to Iran. It’s Rice’s oft-repeated quip about Iraq: that we ferees to reconcile the differences between anyone’s guess as to whether this will cannot wait for the smoking gun to appear as the House and Senate versions of the Iran be implemented, but the deal may be a mushroom cloud. Sanctions Act. Though both versions would covered by the bill we are considering We need to see all this for what it is: Propa- today. While some question whether impose sanctions against companies that sup- ganda to speed us to war against Iran for the Venezuela has the ability to provide port Iran’s petroleum sector, especially in the benefit of special interests. gasoline to Iran since it imports some area of gasoline and other refined petroleum Let us remember a few important things. gasoline to meet its own demand, Cha- products, the Senate version includes addi- Iran, a signatory of the Nuclear Non-Prolifera- vez is clearly approaching a perilous tional provisions that would direct the presi- tion Treaty, has never been found in violation area. I hope Chavez reconsiders this un- dent to freeze the assets of Iranian officials of that treaty. Iran is not capable of enriching wise step. And we must consider and and prohibit the U.S. Government from pro- uranium to the necessary level to manufacture keep focusing on Iran in the Western viding contracts to companies that supply Iran nuclear weapons. According to the entire U.S. Hemisphere as well. with communications monitoring technology. Intelligence Community, Iran is not currently The U.S., our allies and the U.N. Se- These provisions must be reconciled before working on a nuclear weapons program. curity Council have recognized that a the final version can be presented to the These are facts, and to point them out does nuclear-armed Iran would be a danger President. not make one a supporter or fan of the Iranian to our ally, Israel, the Middle East, the Stopping Iran’s illegal nuclear enrichment regime. Those pushing war on Iran will ignore nuclear proliferation regime and to the program is an urgent matter, requiring a com- or distort these facts to serve their agenda, entire world. The Iranian regime is prehensive strategy that targets Iran’s impor- though, so it is important and necessary to brutal to its own population, murders tant energy sector, and its access to the glob- point them out. its own citizens, represses people who al financial system. These bills can help to Some of my well-intentioned colleagues want to demonstrate against its stolen achieve these goals. may be tempted to vote for sanctions on Iran election, and it’s time for us to stand Last year, Iran admitted the existence of a because they view this as a way to avoid war up. secret enrichment facility in the holy city of on Iran. I will ask them whether the sanctions So I’m glad, in a bipartisan voice this Qom that set in motion a renewed inter- on Iraq satisfied those pushing for war at that morning, we say ‘‘no’’ to Iran; ‘‘no’’ to national effort to pursue more aggressive pen- time. Or whether the application of ever- nuclear weapons for Iran; ‘‘yes’’ to sup- alties against Iran for its nuclear activities. stronger sanctions in fact helped war advo- port the underlying bill. Using a variety of measures, including the cates make their case for war on Iraq: as each Ms. ROS-LEHTINEN. Mr. Speaker, United States led sanctions efforts in the round of new sanctions failed to ‘‘work’’—to we are ready to close if the gentleman United Nations, penalties currently under con- change the regime—war became the only re- is ready to. sideration by the European Union and the sus- maining regime-change option. Mr. BERMAN. Mr. Speaker, I yield tained campaign by the U.S. Treasury Depart- This legislation, whether the House or Sen- back the balance of my time. ment and others to persuade banks and other ate version, will lead us to war on Iran. The

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\CR\FM\K22AP7.025 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2815 sanctions in this bill, and the blockade of Iran Whereas, the Office of Congressional Eth- Bishop (UT) Halvorson Owens necessary to fully enforce them, are in them- ics is prohibited from reviewing activities Blackburn Heller Paul taking place prior to March of 2008 and lacks Blunt Hensarling Paulsen selves acts of war according to international Boehner Herger Pence the authority to subpoena witnesses and doc- Bono Mack Himes law. A vote for sanctions on Iran is a vote for uments. Perriello war against Iran. I urge my colleagues in the Boozman Hodes Petri Whereas, for example, the Office of Con- Boustany Hoekstra strongest terms to turn back from this unnec- Pitts gressional Ethics noted that in some in- Brady (TX) Hunter Platts essary and counterproductive march to war. stances documents were redacted or specific Bright Issa Poe (TX) Mr. KLEIN of Florida. Mr. Speaker, I rise information was not provided and that, in at Broun (GA) Jenkins Posey Brown (SC) Johnson (IL) least one instance, they had reason to be- Price (GA) today to support the motion to go to con- Brown-Waite, Johnson, Sam Putnam ference on the Iran sanctions legislation. lieve a witness withheld information re- Ginny Jones Quigley I am grateful to Chairman BERMAN and quested and did not identify what was being Buchanan Jordan (OH) withheld. Radanovich Ranking Member ROS-LEHTINEN for working Burgess King (IA) Whereas, the Office of Congressional Eth- Burton (IN) King (NY) Rehberg with me on a provision included in the House ics also noted that they were able to inter- Calvert Kingston Reichert version of this legislation to require companies Camp Kirk Roe (TN) view only six former employees of the PMA Rogers (AL) applying for contracts with the U.S. govern- Group, with many former employees refusing Campbell Kirkpatrick (AZ) Cantor Kline (MN) Rogers (KY) ment to affirmatively certify that they do not to consent to interviews and the OCE unable Cao Kosmas Rogers (MI) conduct business with Iran. to obtain evidence within PMA’s possession. Capito Lamborn Rohrabacher This legislation gives companies a simple Whereas, Roll Call noted that ‘‘the com- Carter Lance Rooney choice: do business with the United States, or mittee report was five pages long and in- Cassidy LaTourette Ros-Lehtinen do business with Iran. We cannot allow the cluded no documentation of any evidence Castle Latta Roskam collected or any interviews conducted by the Chaffetz Lee (NY) Royce U.S. taxpayer to be last crutch of Iran’s dan- committee, beyond a statement that the in- Childers Lewis (CA) Ryan (WI) Coble Linder gerous nuclear program. Not on our watch vestigation ‘included extensive document re- Scalise Coffman (CO) LoBiondo Schmidt and not on our dime. views and interviews with numerous wit- Cole Loebsack Schock The time to act is now, and we must move nesses.’ ’’ (Roll Call, March 8, 2010) Cooper Lucas Sensenbrenner with fierce urgency. Whereas, it is unclear whether the Stand- Crenshaw Luetkemeyer Sessions Ms. ROS-LEHTINEN. Mr. Speaker, I ards Committee included in their investiga- Culberson Lummis Shadegg yield back the balance of my time. tion any activities that occurred prior to Davis (KY) Lungren, Daniel Shimkus 2008. Diaz-Balart, M. E. Shuster The SPEAKER pro tempore. Without Donnelly (IN) Mack Whereas, it is unclear whether the Stand- Simpson objection, the previous question is or- Dreier Manzullo ards Committee interviewed any Members in Smith (NE) dered. Duncan Marchant Smith (NJ) the course of their investigation. Ehlers Markey (CO) Smith (TX) There was no objection. Whereas, it is unclear whether the Stand- Emerson McCarthy (CA) Souder The SPEAKER pro tempore. The Fallin McClintock ards Committee, in the course of their inves- Stearns Flake McCotter question is on the motion to instruct. tigation, initiated their own subpoenas or Sullivan Fleming McHenry The question was taken; and the followed the Office of Congressional Ethics Taylor Forbes McKeon Speaker pro tempore announced that recommendations to issue subpoenas. There- Fortenberry McMahon Terry the ayes appeared to have it. fore be it: Foster McMorris Thompson (PA) Ms. ROS-LEHTINEN. Mr. Speaker, Resolved, That not later than seven days Foxx Rodgers Thornberry Tiahrt on that I demand the yeas and nays. after the adoption of this resolution, the Franks (AZ) McNerney Committee on Standards of Official Conduct Frelinghuysen Mica Tiberi The yeas and nays were ordered. Turner shall report to the House of Representatives, Gallegly Miller (FL) Upton The SPEAKER. Pursuant to clause 8 with respect to the activities addressed in its Garrett (NJ) Miller (MI) of rule XX, further proceedings on this Gerlach Miller, Gary Walz report of February 26, 2010, (1) how many wit- Wamp question will be postponed. Giffords Minnick nesses were interviewed, (2) how many, if Gingrey (GA) Mitchell Westmoreland f any, subpoenas were issued in the course of Goodlatte Moran (KS) Whitfield their investigation, and (3) what documents Granger Murphy (NY) Wilson (SC) RAISING A QUESTION OF THE were reviewed and their availability for pub- Graves Murphy, Tim Wittman PRIVILEGES OF THE HOUSE lic review. Griffith Neugebauer Wolf Guthrie Nunes Young (AK) Mr. FLAKE. Mr. Speaker, I rise to a Hall (TX) Olson Young (FL) question of the privileges of the House b 1145 NAYS—218 and offer the resolution previously no- The SPEAKER pro tempore. The res- Ackerman Costa Green, Gene ticed. olution qualifies. The SPEAKER pro tempore. The Altmire Costello Grijalva MOTION TO REFER THE RESOLUTION Andrews Courtney Gutierrez Clerk will report the resolution. Mr. HASTINGS of Florida. Mr. Arcuri Crowley Hall (NY) The Clerk read as follows: Baca Cuellar Hare Speaker, I move the resolution be re- Baird Cummings Harman H. RES. 1287 ferred to the Committee on Standards Baldwin Dahlkemper Hastings (FL) Whereas, the Committee on Standards of of Official Conduct. Barrow Davis (CA) Heinrich Bean Davis (IL) Herseth Sandlin Official Conduct initiated an investigation Mr. FLAKE. I move the previous into allegations related to earmarks and Becerra Davis (TN) Higgins campaign contributions in the Spring of 2009. question on the resolution itself. Berkley DeFazio Hill Whereas, on December 2, 2009, reports and The SPEAKER pro tempore. The mo- Berman DeGette Hinchey Berry Delahunt Hinojosa findings in seven separate matters involving tion for the previous question is pref- Bishop (GA) DeLauro Hirono the alleged connection between earmarks erential. Bishop (NY) Deutch Holden and campaign contributions were forwarded The question is on ordering the pre- Blumenauer Dicks Holt by the Office of Congressional Ethics to the vious question on the resolution. Boccieri Dingell Honda Boren Doggett Hoyer Standards Committee. The question was taken; and the Whereas, on February 26, 2010, the Stand- Boswell Doyle Inslee ards Committee made public its report on Speaker pro tempore announced that Boucher Driehaus Israel the noes appeared to have it. Boyd Edwards (MD) Jackson (IL) the matter wherein the Committee found, Brady (PA) Edwards (TX) Jackson Lee though a widespread perception exists among Mr. FLAKE. Mr. Speaker, on that I Braley (IA) Ellison (TX) corporations and lobbyists that campaign demand the yeas and nays. Brown, Corrine Ellsworth Johnson (GA) contributions provide a greater chance of ob- The yeas and nays were ordered. Capps Engel Johnson, E. B. taining earmarks, there was no evidence The vote was taken by electronic de- Capuano Eshoo Kagen Cardoza Etheridge Kanjorski that Members or their staff considered con- vice, and there were—yeas 187, nays tributions when requesting earmarks. Carnahan Farr Kaptur 218, answered ‘‘present’’ 16, not voting Carney Fattah Kennedy Whereas, the Committee indicated that, 9, as follows: Carson (IN) Filner Kildee with respect to the matters forwarded by the Chu Frank (MA) Kilpatrick (MI) Office of Congressional Ethics, neither the [Roll No. 217] Clarke Fudge Kilroy evidence cited in the OCE’s findings nor the YEAS—187 Clay Garamendi Kind Cleaver Gonzalez Kissell evidence in the record before the Standards Aderholt Austria Barton (TX) Clyburn Gordon (TN) Klein (FL) Committee provided a substantial reason to Adler (NJ) Bachmann Biggert Cohen Grayson Kratovil believe that violations of applicable stand- Akin Bachus Bilbray Connolly (VA) Green, Al Kucinich ards of conduct occurred. Alexander Bartlett Bilirakis

VerDate Nov 24 2008 02:41 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.005 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2816 CONGRESSIONAL RECORD — HOUSE April 22, 2010 Langevin Obey Sherman The SPEAKER pro tempore. The gen- Hunter McNerney Sa´ nchez, Linda Larsen (WA) Olver Shuler tleman from Florida is recognized for 1 Inglis Meek (FL) T. Larson (CT) Ortiz Sires Inslee Meeks (NY) Sanchez, Loretta Lee (CA) Pallone Skelton hour. Israel Melancon Sarbanes Levin Pascrell Slaughter Mr. HASTINGS of Florida. Mr. Issa Mica Scalise Lewis (GA) Pastor (AZ) Smith (WA) Speaker, this is a matter that belongs Jackson (IL) Michaud Schakowsky Lipinski Payne Snyder Jackson Lee Miller (FL) Schauer Lowey Perlmutter Space before the Committee on Standards of (TX) Miller (MI) Schiff Luja´ n Peters Speier Official Conduct. Jenkins Miller (NC) Schmidt Lynch Peterson Spratt I yield back the balance of my time, Johnson (GA) Miller, Gary Schock Maffei Pingree (ME) Schrader Stark and I move the previous question on Johnson (IL) Miller, George Markey (MA) Pomeroy Stupak Johnson, E. B. Minnick Schwartz Marshall Price (NC) Sutton the motion. Johnson, Sam Mitchell Scott (GA) Matheson Rahall Tanner The previous question was ordered. Jones Mollohan Scott (VA) Matsui Rangel Teague Jordan (OH) Moore (KS) Sensenbrenner McCarthy (NY) Reyes The SPEAKER pro tempore. The Serrano Thompson (CA) Kagen Moore (WI) McCollum Richardson question is on the motion to refer. Sessions Thompson (MS) Kanjorski Moran (KS) McDermott Rodriguez Sestak Tierney The question was taken; and the Kaptur Moran (VA) McGovern Ross Shadegg Titus Kennedy Murphy (CT) McIntyre Rothman (NJ) Speaker pro tempore announced that Shea-Porter Tonko Kildee Murphy (NY) Meek (FL) Roybal-Allard the ayes appeared to have it. Sherman Kilpatrick (MI) Murphy, Patrick Meeks (NY) Ryan (OH) Towns Shimkus Tsongas Mr. HASTINGS of Florida. Mr. Kilroy Murphy, Tim Melancon Salazar Speaker, on that I demand the yeas Kind Shuler Michaud Sa´ nchez, Linda Van Hollen Nadler (NY) Shuster Vela´ zquez and nays. King (IA) Napolitano Miller (NC) T. King (NY) Sires Miller, George Sanchez, Loretta Visclosky The yeas and nays were ordered. Neal (MA) Skelton Wasserman Kingston Neugebauer Mollohan Sarbanes The SPEAKER pro tempore. Pursu- Kirk Slaughter Moore (KS) Schakowsky Schultz Nunes Smith (NE) Waters ant to clause 8 of rule XX, this 15- Kirkpatrick (AZ) Nye Moore (WI) Schauer Kissell Smith (NJ) Moran (VA) Schiff Watson minute vote on the motion to refer will Oberstar Smith (TX) Watt Klein (FL) Obey Murphy (CT) Schrader be followed by 5-minute votes on the Kline (MN) Smith (WA) Murphy, Patrick Schwartz Waxman Olson Snyder Kosmas Nadler (NY) Scott (GA) Weiner motion to instruct conferees on H.R. Olver Souder Kratovil Napolitano Scott (VA) Wilson (OH) 2194 and the motion to suspend the Ortiz Space Kucinich Neal (MA) Serrano Woolsey Owens Speier rules on House Resolution 1270. Lamborn Nye Sestak Wu Pallone Spratt The vote was taken by electronic de- Lance Oberstar Shea-Porter Yarmuth Pascrell Stark Langevin vice, and there were—yeas 402, nays 0, Pastor (AZ) Stearns ANSWERED ‘‘PRESENT’’—16 Larsen (WA) answered ‘‘present’’ 17, not voting 11, Paul Stupak Larson (CT) Bonner Dent McCaul Paulsen Sullivan as follows: LaTourette Butterfield Diaz-Balart, L. Myrick Payne Sutton Latta Buyer Harper Walden [Roll No. 218] Pence Tanner Lee (CA) Castor (FL) Hastings (WA) Taylor Welch YEAS—402 Lee (NY) Perlmutter Chandler Latham Perriello Teague Ackerman Capps Eshoo Levin Conaway Lofgren, Zoe Peters Terry Aderholt Capuano Etheridge Lewis (CA) Peterson Thompson (CA) NOT VOTING—9 Adler (NJ) Cardoza Fallin Lewis (GA) Petri Thompson (MS) Akin Carnahan Farr Linder Barrett (SC) Gohmert Polis (CO) Pingree (ME) Thompson (PA) Conyers Inglis Ruppersberger Alexander Carney Fattah Lipinski Thornberry Altmire Carson (IN) Filner LoBiondo Pitts Davis (AL) Maloney Rush Platts Tiahrt Andrews Carter Flake Loebsack Tiberi b 1215 Arcuri Cassidy Fleming Lowey Poe (TX) Pomeroy Tierney Austria Castle Forbes Lucas Titus Ms. ESHOO, Messrs. NEAL, HARE, Posey Baca Chaffetz Fortenberry Luetkemeyer Tonko Price (GA) HINOJOSA, ALTMIRE, DICKS, MIL- Bachmann Childers Foster Luja´ n Towns Price (NC) LER of North Carolina, CARNEY, Bachus Chu Foxx Lummis Tsongas Putnam GEORGE MILLER of California, MAR- Baird Clarke Frank (MA) Lungren, Daniel Turner Baldwin Clay Franks (AZ) E. Quigley SHALL, TOWNS, GORDON of Ten- Upton Barrow Cleaver Frelinghuysen Lynch Radanovich Van Hollen nessee, CLAY, BISHOP of Georgia, Bartlett Clyburn Fudge Mack Rahall Vela´ zquez GRAYSON, HILL of Indiana, SPRATT, Barton (TX) Coble Gallegly Maffei Rangel Visclosky THOMPSON of Mississippi, HOLDEN, Bean Coffman (CO) Garamendi Manzullo Rehberg Walz Becerra Cohen Garrett (NJ) Reichert KANJORSKI, HOYER, BOUCHER, Marchant Wamp Berkley Cole Gerlach Markey (CO) Reyes Wasserman WATT, ELLISON, Ms. HIRONO, Berry Connolly (VA) Giffords Markey (MA) Richardson Schultz Messrs. LEVIN, STARK, GUTIERREZ, Biggert Cooper Gonzalez Marshall Rodriguez Waters BERMAN, GENE GREEN of Texas, WU, Bilbray Costa Goodlatte Matheson Roe (TN) Watson Bilirakis Costello Gordon (TN) Rogers (AL) TONKO, DAVIS of Illinois, Matsui Watt Bishop (GA) Courtney Granger McCarthy (CA) Rogers (KY) Waxman SCHRADER, PALLONE, Ms. BERK- Bishop (NY) Crenshaw Graves McCarthy (NY) Rogers (MI) Weiner LEY, Messrs. SERRANO, EDWARDS of Bishop (UT) Crowley Grayson McClintock Rohrabacher Westmoreland Texas, LUJA´ N, and GONZALEZ Blumenauer Cuellar Green, Al McCollum Rooney Whitfield Blunt Culberson Green, Gene McCotter Ros-Lehtinen Wilson (OH) changed their vote from ‘‘yea’’ to Boccieri Cummings Griffith McDermott Roskam Wilson (SC) ‘‘nay.’’ Boehner Dahlkemper Grijalva McGovern Ross Wittman Messrs. COLE, PUTNAM, WAMP, Bono Mack Davis (CA) Guthrie McHenry Rothman (NJ) Wolf CALVERT, AKIN, RYAN of Wisconsin, Boozman Davis (IL) Gutierrez McIntyre Roybal-Allard Woolsey Boren Davis (KY) Hall (NY) ROONEY, LAMBORN, YOUNG of Flor- McKeon Royce Wu Boswell Davis (TN) Hall (TX) McMahon Ryan (OH) Yarmuth ida, BOEHNER, BACHUS, GARRETT of Boucher DeFazio Halvorson McMorris Ryan (WI) Young (AK) New Jersey, SENSENBRENNER, Boustany DeGette Hare Rodgers Salazar Young (FL) Boyd Delahunt Harman BARTLETT, HENSARLING, Mrs. Brady (PA) DeLauro Hastings (FL) ANSWERED ‘‘PRESENT’’—17 MCMORRIS RODGERS, Messrs. GOOD- Brady (TX) Deutch Heinrich Blackburn Dent McCaul Braley (IA) Diaz-Balart, M. Heller LATTE, WESTMORELAND, Mrs. Bonner Diaz-Balart, L. Myrick Bright Dicks Hensarling HALVORSON, and Mr. ADLER of New Butterfield Harper Simpson Broun (GA) Dingell Herger Castor (FL) Hastings (WA) Jersey changed their vote from ‘‘nay’’ Brown (SC) Doggett Herseth Sandlin Walden Chandler Latham Welch to ‘‘yea.’’ Brown, Corrine Donnelly (IN) Higgins Conaway Lofgren, Zoe Messrs. HASTINGS of Washington, Brown-Waite, Doyle Hill LATHAM, and MCCAUL changed their Ginny Dreier Himes NOT VOTING—11 Buchanan Driehaus Hinchey Barrett (SC) Davis (AL) Polis (CO) vote from ‘‘yea’’ to ‘‘present.’’ Burton (IN) Duncan Hinojosa Berman Gingrey (GA) Mr. WELCH changed his vote from Buyer Edwards (MD) Hirono Ruppersberger Burgess Gohmert Calvert Edwards (TX) Hodes Rush ‘‘nay’’ to ‘‘present.’’ Conyers Maloney So the previous question was not or- Camp Ehlers Hoekstra dered. Campbell Ellison Holden Cantor Ellsworth Holt b 1232 The result of the vote was announced Cao Emerson Honda as above recorded. Capito Engel Hoyer So the motion to refer was agreed to.

VerDate Nov 24 2008 02:41 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.011 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2817 The result of the vote was announced Kilpatrick (MI) Moore (KS) Schock So the motion to instruct was agreed as above recorded. Kilroy Moran (KS) Schrader to. Kind Moran (VA) Schwartz A motion to reconsider was laid on King (IA) Murphy (CT) Scott (GA) The result of the vote was announced the table. King (NY) Murphy (NY) Scott (VA) as above recorded. Kingston Murphy, Patrick Sensenbrenner A motion to reconsider was laid on f Kirk Murphy, Tim Serrano the table. Kirkpatrick (AZ) Myrick Sessions MOTION TO INSTRUCT CONFEREES Kissell Nadler (NY) Sestak Stated for: ON H.R. 2194, IRAN PETROLEUM Klein (FL) Napolitano Shadegg Mr. MARKEY of Massachusetts. Mr. Speak- SANCTIONS ACT OF 2009 Kline (MN) Neal (MA) Shea-Porter er, on April 22, 2010, I missed rollcall Vote Kosmas Neugebauer Sherman The SPEAKER pro tempore. The un- Kratovil Nunes Shimkus No. 219. Had I been present, I would have finished business is the vote on the mo- Lamborn Nye Shuler voted ‘‘yea.’’ Lance Oberstar Shuster tion to instruct on H.R. 2194 offered by Langevin Obey f Simpson the gentlewoman from Florida (Ms. Larsen (WA) Olson Sires Larson (CT) Olver MATHEMATICS AWARENESS ROS-LEHTINEN) on which the yeas and Skelton Latham Ortiz Slaughter MONTH nays were ordered. LaTourette Owens The Clerk will redesignate the mo- Latta Pallone Smith (NE) The SPEAKER pro tempore. The un- tion. Lee (NY) Pascrell Smith (NJ) finished business is the vote on the mo- Smith (TX) The Clerk redesignated the motion. Levin Pastor (AZ) tion to suspend the rules and agree to Lewis (CA) Paulsen Smith (WA) The SPEAKER pro tempore. The Lewis (GA) Payne Snyder the resolution, H. Res. 1270, on which question is on the motion to instruct. Linder Pence Souder the yeas and nays were ordered. This is a 5-minute vote. Lipinski Perlmutter Space The Clerk read the title of the resolu- LoBiondo Perriello Speier The vote was taken by electronic de- Loebsack Peters Spratt tion. vice, and there were—yeas 403, nays 11, Lofgren, Zoe Peterson Stearns The SPEAKER pro tempore. The answered ‘‘present’’ 3, not voting 13, as Lowey Petri Stupak question is on the motion offered by follows: Lucas Pingree (ME) Sullivan the gentleman from the Northern Mar- Luetkemeyer Pitts Tanner [Roll No. 219] Luja´ n Platts Taylor iana Islands (Mr. SABLAN) that the YEAS—403 Lummis Poe (TX) Teague House suspend the rules and agree to Lungren, Daniel Pomeroy Terry Ackerman Carter Frank (MA) the resolution, H. Res. 1270. E. Posey Thompson (CA) This is a 5-minute vote. Aderholt Cassidy Franks (AZ) Lynch Price (GA) Thompson (MS) Adler (NJ) Castle Frelinghuysen Mack Price (NC) Thompson (PA) The vote was taken by electronic de- Akin Castor (FL) Fudge Maffei Putnam Thornberry vice, and there were—yeas 407, nays 2, Alexander Chaffetz Gallegly Manzullo Quigley Tiahrt Altmire Chandler Garamendi not voting 21, as follows: Marchant Radanovich Tiberi Andrews Childers Garrett (NJ) Markey (CO) Rahall Titus [Roll No. 220] Arcuri Chu Gerlach Marshall Rangel Tonko Austria Clarke Giffords YEAS—407 Matheson Rehberg Towns Baca Clay Gingrey (GA) Adler (NJ) Campbell Edwards (MD) Matsui Reichert Tsongas Bachmann Cleaver Gonzalez McCarthy (CA) Reyes Akin Cantor Edwards (TX) Bachus Clyburn Goodlatte Turner Alexander Cao Ehlers McCarthy (NY) Richardson Upton Barrow Coble Granger McCaul Rodriguez Altmire Capito Ellison Bartlett Coffman (CO) Graves Van Hollen Andrews Capps Ellsworth McClintock Roe (TN) Vela´ zquez Barton (TX) Cohen Grayson McCollum Rogers (AL) Arcuri Capuano Emerson Visclosky Bean Cole Green, Al McCotter Rogers (KY) Austria Cardoza Engel Walden Becerra Conaway Green, Gene McGovern Rogers (MI) Baca Carnahan Eshoo Walz Berkley Connolly (VA) Griffith McHenry Rohrabacher Bachmann Carney Etheridge Wamp Berman Cooper Grijalva McIntyre Rooney Bachus Carson (IN) Fallin Wasserman Berry Costa Guthrie McKeon Ros-Lehtinen Baird Carter Farr Schultz Biggert Costello Gutierrez McMahon Roskam Baldwin Cassidy Fattah Bilbray Courtney Hall (NY) McMorris Ross Watson Barrow Castle Filner Bilirakis Crenshaw Hall (TX) Rodgers Rothman (NJ) Watt Bartlett Castor (FL) Flake Bishop (GA) Crowley Halvorson McNerney Roybal-Allard Waxman Barton (TX) Chaffetz Fleming Bishop (NY) Cuellar Hare Meek (FL) Royce Weiner Bean Chandler Forbes Bishop (UT) Culberson Harman Meeks (NY) Ryan (OH) Welch Becerra Childers Fortenberry Blackburn Cummings Harper Melancon Ryan (WI) Westmoreland Berkley Chu Foster Blunt Dahlkemper Hastings (FL) Mica Salazar Whitfield Berman Clarke Foxx Boccieri Davis (CA) Hastings (WA) Michaud Sa´ nchez, Linda Wilson (OH) Berry Clay Frank (MA) Boehner Davis (IL) Heinrich Miller (FL) T. Wilson (SC) Biggert Clyburn Franks (AZ) Bonner Davis (KY) Heller Miller (MI) Sanchez, Loretta Wittman Bilbray Coble Frelinghuysen Bono Mack Davis (TN) Hensarling Miller (NC) Sarbanes Wolf Bilirakis Coffman (CO) Fudge Boozman DeFazio Herger Miller, Gary Scalise Woolsey Bishop (GA) Cohen Gallegly Boren DeGette Herseth Sandlin Miller, George Schakowsky Wu Bishop (NY) Cole Garamendi Boswell Delahunt Hill Minnick Schauer Yarmuth Bishop (UT) Conaway Garrett (NJ) Boucher DeLauro Himes Mitchell Schiff Young (AK) Blackburn Connolly (VA) Gerlach Boustany Dent Hinchey Mollohan Schmidt Young (FL) Blumenauer Cooper Giffords Boyd Deutch Hinojosa Blunt Costa Gingrey (GA) Brady (PA) Diaz-Balart, L. Hirono NAYS—11 Boccieri Costello Gonzalez Brady (TX) Diaz-Balart, M. Hodes Baird Flake Moore (WI) Boehner Courtney Goodlatte Braley (IA) Dicks Hoekstra Bonner Crenshaw Gordon (TN) Baldwin Jones Paul Bright Dingell Holden Bono Mack Crowley Granger Blumenauer Kucinich Waters Broun (GA) Doggett Holt Duncan McDermott Boozman Cuellar Graves Brown (SC) Donnelly (IN) Honda Boren Culberson Grayson Brown, Corrine Doyle Hoyer ANSWERED ‘‘PRESENT’’—3 Boswell Cummings Green, Al Brown-Waite, Dreier Hunter Boucher Dahlkemper Green, Gene Ellison Lee (CA) Stark Ginny Driehaus Inglis Boustany Davis (CA) Griffith Buchanan Edwards (MD) Inslee NOT VOTING—13 Boyd Davis (IL) Guthrie Burgess Edwards (TX) Israel Brady (PA) Davis (KY) Gutierrez Burton (IN) Ehlers Issa Barrett (SC) Higgins Rush Brady (TX) Davis (TN) Hall (NY) Butterfield Ellsworth Jackson (IL) Conyers Maloney Sutton Braley (IA) DeFazio Hall (TX) Buyer Emerson Jackson Lee Davis (AL) Markey (MA) Tierney Bright DeGette Halvorson Calvert Engel (TX) Gohmert Polis (CO) Broun (GA) Delahunt Hare Camp Eshoo Jenkins Gordon (TN) Ruppersberger Brown (SC) DeLauro Harman Campbell Etheridge Johnson (GA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brown, Corrine Deutch Harper Cantor Fallin Johnson (IL) Brown-Waite, Diaz-Balart, L. Hastings (FL) Cao Farr Johnson, E. B. The SPEAKER pro tempore (during Ginny Diaz-Balart, M. Hastings (WA) Capito Fattah Johnson, Sam the vote). There are 2 minutes remain- Buchanan Dingell Heinrich Capps Filner Jordan (OH) ing. Burgess Doggett Heller Capuano Fleming Kagen Burton (IN) Donnelly (IN) Hensarling Cardoza Forbes Kanjorski b 1240 Butterfield Doyle Herger Carnahan Fortenberry Kaptur Buyer Dreier Herseth Sandlin Carney Foster Kennedy Ms. MOORE of Wisconsin changed Calvert Driehaus Higgins Carson (IN) Foxx Kildee her vote from ‘‘yea’’ to ‘‘nay.’’ Camp Duncan Hill

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.030 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2818 CONGRESSIONAL RECORD — HOUSE April 22, 2010 Himes McGovern Salazar ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. Is there Hinchey McHenry Sa´ nchez, Linda The SPEAKER pro tempore (during objection to the request of the gen- Hinojosa McKeon T. Hirono McMahon Sanchez, Loretta the vote). There are 2 minutes remain- tleman from Georgia? Hodes McMorris Sarbanes ing. There was no objection. Hoekstra Rodgers Scalise f Holden McNerney Schakowsky b 1250 Holt Meek (FL) Schauer So (two-thirds being in the affirma- REMOVAL OF NAME OF MEMBER Honda Meeks (NY) Schiff AS COSPONSOR OF H.R. 4717 Hoyer Melancon Schmidt tive) the rules were suspended and the Hunter Mica Schock resolution was agreed to. Ms. NORTON. Madam Speaker, I ask Inglis Michaud Schrader The result of the vote was announced unanimous consent that my name be Inslee Miller (FL) Schwartz as above recorded. removed as a cosponsor of H.R. 4717. Israel Miller (MI) Scott (GA) The SPEAKER pro tempore. Is there Miller (NC) A motion to reconsider was laid on Issa Scott (VA) objection to the request of the gentle- Jackson (IL) Miller, Gary Sensenbrenner the table. Jackson Lee Miller, George woman from the District of Columbia? Serrano f (TX) Minnick Sessions There was no objection. Jenkins Mitchell Sestak APPOINTMENT OF CONFEREES ON f Johnson (GA) Mollohan Shadegg H.R. 2194, IRAN REFINED PETRO- Johnson (IL) Moore (KS) Shea-Porter LEGISLATIVE PROGRAM Johnson, E. B. Moore (WI) LEUM SANCTIONS ACT OF 2009 Sherman (Mr. CANTOR asked and was given Johnson, Sam Moran (KS) Shimkus The SPEAKER pro tempore (Ms. Jones Moran (VA) Shuler permission to address the House for 1 ITUS Kagen Murphy (CT) Shuster T ). Without objection, the Chair minute.) Kanjorski Murphy (NY) Simpson appoints the following conferees on Mr. CANTOR. Madam Speaker, I Kennedy Murphy, Patrick Sires H.R. 2194: yield to the gentleman from Maryland, Kildee Murphy, Tim Skelton Kilpatrick (MI) Myrick From the Committee on Foreign Af- the majority leader, for the purpose of Slaughter fairs, for consideration of the House Kilroy Nadler (NY) Smith (NE) announcing next week’s schedule. Kind Napolitano Smith (NJ) bill and the Senate amendment, and Mr. HOYER. I thank the Republican King (IA) Neal (MA) Smith (TX) modifications committed to con- whip for yielding. King (NY) Neugebauer Smith (WA) ference: Messrs. BERMAN, ACKERMAN, Madam Speaker, on Monday, the Kingston Nunes Snyder Kirk Nye SHERMAN, CROWLEY, SCOTT of Georgia, House will meet at 12:30 p.m. for morn- Souder Kirkpatrick (AZ) Oberstar COSTA, KLEIN of Florida, Ms. ROS- ing-hour debate and at 2 p.m. for legis- Space Kissell Obey Speier LEHTINEN, Messrs. BURTON of Indiana, lative business, with votes postponed Klein (FL) Olson Spratt ROYCE, and PENCE. until 6:30 p.m. On Tuesday, the House Kline (MN) Olver Stark Kosmas Ortiz From the Committee on Financial will meet at 10:30 a.m. for morning- Stearns Kratovil Owens Services, for consideration of sections 3 hour debate and at 12 p.m. for legisla- Stupak Kucinich Pallone Sullivan and 4 of the House bill, and sections tive business. On Wednesday and Lamborn Pascrell Sutton 101–103, 106, 203, and 401 of the Senate Thursday, the House will meet at 10 Lance Pastor (AZ) Tanner Langevin Paulsen amendment, and modifications com- a.m. for legislative business. On Fri- Taylor Larsen (WA) Payne mitted to conference: Messrs. FRANK of day, no votes are expected in the Larson (CT) Pence Teague Massachusetts, MEEKS of New York, House. Latham Perlmutter Terry Thompson (CA) and GARRETT of New Jersey. We will consider several bills under Latta Perriello From the Committee on Ways and suspension of the rules, including the Lee (CA) Peters Thompson (MS) Lee (NY) Peterson Thompson (PA) Means, for consideration of sections 3 very important H.R. 3393, Improper Levin Petri Thornberry and 4 of the House bill, and sections Payments Elimination and Recovery Lewis (CA) Pingree (ME) Tiahrt 101–103 and 401 of the Senate amend- Act of 2009, introduced by Representa- Tiberi Lewis (GA) Pitts ment, and modifications committed to tive PATRICK MURPHY of Pennsylvania. Linder Platts Tierney Lipinski Poe (TX) Titus conference: Messrs. LEVIN, TANNER, and The complete list of suspension bills LoBiondo Pomeroy Tonko CAMP. will be announced by the close of busi- Loebsack Posey Towns There was no objection. ness tomorrow. Lofgren, Zoe Price (GA) Tsongas In addition, we will consider H.R. Turner f Lowey Price (NC) 5013, Implementing Management for Lucas Putnam Upton Luetkemeyer Radanovich Van Hollen PERMISSION FOR MEMBER TO BE Performance and Related Reforms to Luja´ n Rahall Vela´ zquez CONSIDERED AS FIRST SPONSOR Obtain Value in Every Acquisition Act Lummis Rangel Visclosky OF H.R. 1914 of 2010, and H.R. 2499, the Puerto Rico Lungren, Daniel Rehberg Walden Democracy Act of 2009. Walz Mr. BROUN of Georgia. Mr. Speaker, E. Reichert Mr. CANTOR. I thank the gentleman. Lynch Reyes Wamp I ask unanimous consent that I may Madam Speaker, the House will be in Mack Richardson Wasserman hereafter be considered to be the first Schultz session for five more weeks prior to the Maffei Rodriguez sponsor of H.R. 1914, a bill originally Manzullo Roe (TN) Waters Memorial Day district work period. I introduced by Representative Deal of Marchant Rogers (AL) Watson would like to inquire of the gentleman Markey (CO) Rogers (KY) Watt Georgia, for the purposes of adding co- what legislation he expects the House Markey (MA) Rogers (MI) Waxman sponsors and requesting reprintings to consider prior to that district work Marshall Rohrabacher Weiner pursuant to clause 7 of rule XII. Matheson Rooney Westmoreland period in addition to the items he just The SPEAKER pro tempore. Is there Matsui Ros-Lehtinen Wilson (OH) mentioned for next week. McCarthy (CA) Roskam Wilson (SC) objection to the request of the gen- I yield to the gentleman. Wittman McCarthy (NY) Ross tleman from Georgia? Mr. HOYER. I thank the gentleman McCaul Rothman (NJ) Wolf There was no objection. McClintock Roybal-Allard Woolsey for yielding. McCollum Royce Wu f As the gentleman knows, our number McCotter Ryan (OH) Yarmuth one priority has been and continues to McDermott Ryan (WI) Young (FL) PERMISSION FOR MEMBER TO BE be the progress on the creation of jobs. CONSIDERED AS FIRST SPONSOR NAYS—2 Last month’s report was a positive re- OF H.R. 4336 port. We gained 162,000 jobs, and the Paul Young (AK) Mr. GINGREY of Georgia. Mr. Speak- economy is showing signs of very sub- NOT VOTING—21 er, I ask unanimous consent that I may stantial improvement as a result of the Ackerman Dicks McIntyre hereafter be considered to be the first Recovery Act and of other actions that Aderholt Gohmert Polis (CO) sponsor of H.R. 4336, a bill originally we’ve taken to get Americans back to Barrett (SC) Grijalva Quigley introduced by Representative Deal of work. So that will continue to be our Cleaver Jordan (OH) Ruppersberger Georgia, for the purposes of adding co- focus. Conyers Kaptur Rush Davis (AL) LaTourette Welch sponsors and requesting reprintings Having said that, we also have passed Dent Maloney Whitfield pursuant to clause 7 of rule XII. already the HIRE Act, which we think

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A22AP7.029 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2819 will have a very substantial, positive admit that that is just not enough. In voted against it—we created 216,000 effect, which includes payroll tax for- fact, if we were to look back at the jobs per month. Now, there’s no secret giveness for the hiring of new employ- times of very high employment in prior as to where those jobs were lost. If you ees who have been unemployed for years, there is probably a need for over create 10 percent of the number of jobs some period of time. If they are kept 400,000 jobs to be created each month you need to stay even, you’re going to on for 52 weeks, there will be a $1,000 for us, over a period of several years, in go behind and we have a real deficit. additional payment, which we hope order to accommodate for the growth The CBO says that the program that will encourage employers to hire new in population as well as to return us to was adopted that, of course, your party people. Additionally in that bill, we that kind of low unemployment. opposed, created 2 million new jobs or retained jobs in our economy. Over the gave an extension of the Highway b 1300 Trust Fund to allow for continued and last 5 months, we have had a net posi- increased investment in infrastructure We have got a lot of work to do, in tive growth in jobs. We grew 162,000 and the Build America Bonds legisla- other words, Madam Speaker, and I jobs last month. The gentleman is ab- tion, as well as giving a boost to small know the gentleman knows that. And I solutely correct, not nearly enough, business growth in terms of expensing. think it is fair to say that, in fact, we but much better than the 779,000 jobs In addition, the House passed the need to create 434,000 jobs per month that were lost in the last month of the Small Business and Infrastructure Jobs for 2 years to make up for the job Bush administration or the average Act, which is pending in the Senate. losses that we have experienced. That 726,000 jobs that were lost in the last 3 We hope that it is coming back to us is going to take some significant com- months of the Bush administration. this work period. We would like to mitment on the part of this Congress We are now in the pluses. We are build on our record of job-creating leg- to stop the government spending and, starting to grow. We need to do much, islation with additional relief to small frankly, to lower taxes on small busi- much more. And that’s why I responded businesses. ness. to the gentleman, when he asked me The President has proposed, as the As the gentleman knows, his con- what we were going to do, we’re going gentleman knows, the Small Business stituents just like mine, everyone I to continue to focus on bringing jobs Lending Fund that would take $30 bil- talk to knows someone out of work, back to America and to our people. Mr. CANTOR. I thank the gentleman. lion of TARP funds, which was obvi- and it is high time for us to focus on Madam Speaker, I would say this: Al- ously designed to try to get our econ- small business, and that is to provide ways the gentleman likes to talk about omy moving again, and provide capital the tax relief for small business and to stop the government programs of the prior administration, and I would infusion to local banks, and provide as- just like to point out that during the sets of $10 billion or less to incentivize spending. And I would hope that the gentleman can commit to trying to prior administration, the last 2 years small business lending. of that, his party was in control of Also, we hope to complete action change the route that we have taken to Congress and, certainly, if we look at with the Senate on a long-term exten- finally begin to grow this economy again. the numbers, did contribute to some of sion of unemployment insurance, the problem that we have got today. COBRA benefits and tax extenders for With that, Madam Speaker, I would ask the gentleman when—— And I would say there’s plenty of businesses, large and small. Obviously, blame to go around. But what we are those pieces of legislation have passed Mr. HOYER. Before the gentleman asks another question, would you yield trying to do is to learn from perhaps the House. mistakes having taken place and go I expect the House will also take ac- so I might comment on the comments that the gentleman made? forward in a constructive manner. tion this work period on the COM- It is my sense, Madam Speaker, that Mr. CANTOR. I yield. PETES Act, which is relatively non- this Nation is at a crossroads. We have Mr. HOYER. The gentleman indicates controversial, but invests in growing serious challenges facing this country. that we want to stop spending. Every our economy, particularly in tech- Last Thursday was Congress’s deadline economist from his side of the aisle to nology innovations, math, and science. for passing a budget, and it is my our side of the aisle said that if we did Other items on our agenda for this strong belief that we must act, and the not spend money last year that we work period are budget resolution, de- gentleman indicates that we are going wouldn’t have grown the economy. In fense acquisition reform, which I an- to act, but because of the critical na- fact, Ben Bernanke, the Republican-ap- nounced we would do next week, de- ture of the challenges that we face, fense authorization, the Afghanistan/ pointed Chairman of the Federal Re- Madam Speaker, I believe that we have Pakistan supplemental, the Haiti sup- serve by President Bush; and Secretary got three reasons to act swiftly and plemental, and of course the Iran sanc- Paulson all said you had better invest properly in passing a budget because it tions conference report, which I hope or you are going to go into a depres- is at the heart of the lack of confidence to have done. As to the resolution that sion, not a recession. of what the American people feel to- you and I just voted for, the motion to The gentleman talks about job cre- wards this body, and if we can rebuild instruct, I urge that that be reported ation, and it is very interesting be- that confidence somehow, we can see a back by the Memorial Day break. cause, generally speaking, he wants to return to growth in this economy so Mr. CANTOR. I thank the gentleman. return to the policies of the Bush ad- people can get back to work. I would say to the gentleman that I ministration. And the Bush adminis- First, Madam Speaker, since the 1974 am heartened to hear about his contin- tration, of course, was the worst job- Budget Act passed, the House has never ued insistence that this body continue performing administration since Her- failed to pass a budget resolution. to focus on the number one priority of bert Hoover. I know the gentleman American families and small busi- the American people, which is getting knows that because those statistics are nesses are not given the luxury of this economy going again and getting pretty clear. It created 19,400 jobs per avoiding a budget somehow because Americans back to work. month. You talk about 400 and some maybe it’s too difficult, and neither Madam Speaker, I would say that odd thousand jobs. I agree with the should we. And the gentleman in his most Americans agree that what we gentleman. We need to create that own words has said before that it is dif- ought to be doing is containing and level if we are going to get the jobs ficult to pass budgets in election years limiting government spending. Many of that your economic program lost, because the budgets reflect what the the programs that the gentleman just 19,400 jobs, and you need 100,000 to stay fiscal status is. And again, Madam pointed out indicate that we, perhaps, even. That was average over 96 months Speaker, I point out never since the are going to keep heading down the of the policies that were pursued dur- passage of the Budget Act in 1974 has same road that we have been in order ing the Bush administration that my this House failed to pass a budget reso- to try and create an environment for friend supported. lution. jobs. Very frankly, if you will remember, Secondly, Madam Speaker, as to the I would say to the gentleman, al- during the Clinton administration, in urgency for this body to act in this though there was some job growth last an economic program that your party critical time, CBO Director Doug El- month, he, himself, I think, would didn’t support to a person—everyone mendorf recently remarked that the

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.036 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2820 CONGRESSIONAL RECORD — HOUSE April 22, 2010 Nation’s fiscal path is unsustainable President Bush was overridden to Mr. HOYER. If I can, I think you an- and without a more aggressive ap- change the economic policies you were ticipated what the facts are as you proach to spending than the President pursuing, period. We couldn’t do that. know. I didn’t say that but you antici- took in his budget proposal, the debt We couldn’t do it until such time as pated I might say it. will rise from currently 53 percent of January of 2009 occurred. When it oc- Mr. CANTOR. I will apologize—— GDP to 90 percent of GDP at the end of curred, unfortunately and tragically Mr. HOYER. Ninety-five percent of the decade. We all know, Madam for the American people and the mil- the American public, 95 percent of the Speaker, that is unacceptable. lions, 8 million-plus, to be exact, lost American working people, got a tax Finally, I would say to the gen- their jobs, a financial system that was cut, as you recall, in the legislation tleman, Madam Speaker, the President suffering from egregious regulatory ne- that you voted against, $280 billion in in his remarks consistently refers to glect and had, as a result, put many, tax relief. That went into the pockets pending tax increases as the expiration many taxpayers, millions of taxpayers, of Americans, helped them get through of the Bush tax cut. And, Madam to the responsibility of trying to sta- some very, very tough times which we Speaker, I would say the American bilize the ship of state. And we have inherited, did not create, which we in- people believe that erasing a tax cut is done that. herited, and moving forward. Now, with respect to the tax in- a tax increase. This Congress has a re- The good news is that money is being creases that you referred to earlier, sponsibility to the people that we rep- paid back. And the good news is that in they are going into effect because of a resent to inform them, the families, terms of the bill that you and I both supported but two-thirds of your party policy that I voted against but I think the small businesses, of its intention you voted for. You were here in 2001 on whether we are going to increase did not, we did stabilize, at the request of the Bush administration, the finan- and 2003. And why did you do that? You taxes on the small business people and talk about budgeting. You did it be- working families of this country. cial community. So when the gentleman says that we cause you couldn’t conform to your So I would ask the gentleman if he budget requirements. So what you sim- could give us some sense of when we need to grow jobs, we do. But very frankly, if the gentleman is proposing ply did was you did the artifice, with could expect this body to act on a all due respect, to saying, well, they budget. the same policies that were pursued for 8 years under the Bush administration, will expire in 2010. So what is projected I yield. to happen in 2010 is a direct result of Mr. HOYER. Well, I hope that we act then that won’t get it and didn’t get it. the budget and the policies that you on a budget certainly before the end of And that’s why it is important to promoted and voted for, I tell my this work period. I think it’s important learn, not to place blame, but to learn, as I said the other day, from those fail- friend. to pass a budget. I have said that. I am Mr. CANTOR. I will say to the gen- working towards that end. ures and not repeat them, to invest in the growth of our economy. tleman again if he is so intent on com- Mr. CANTOR. I thank the gentleman paring the two, let’s go back to the for that and for his commitment to en- Mr. CANTOR. I thank the gentleman. Madam Speaker, I would say back if Bush budget, which would allow us to sure that we right the ship, so to cut the deficit by 50 percent, if he is so speak, and stop the spending. he is so intent on comparing the budgets and the outlook under the Bush ad- intent on saying how bad things were. Mr. HOYER. Will the gentleman Let’s stop the spending. yield on that? ministration to this one, I would say this: If we compare the 2011 budgets of But I would say to the gentleman as Mr. CANTOR. I yield. far as tax relief is concerned, that tax Mr. HOYER. The gentleman would President Bush and President Obama, President Bush’s outlook and budget relief to 95 percent of the public, 25 per- like to pretend that the Bush adminis- cent of the tax relief went to entities tration didn’t exist. He doesn’t like to for this year was $2.9 trillion. The 2011 budget of this President is $3.6 trillion. and individuals that don’t even pay look back. He doesn’t like history. He taxes. Now, in the minds of most Amer- doesn’t like to learn from our mis- We could simply cut the deficit by 50 percent if we just lived within Presi- icans, that is not a tax cut; that’s a takes. I notice he doesn’t outline the handout. And that is why we have got mistakes that the Bush administration dent Bush’s 2011 budget. Madam Speaker, I would say to the to start getting back to basics, Madam made and that he made in supporting gentleman if you cut out all of the Speaker, and insist that the kinds of the Bush economic policies, but pre- emergency spending caused by the re- things that we do here are actually sumably he believes they existed, cession and just look at discretionary constructive to job creation because which led to such a disastrous perform- spending, since Congress votes on that that is what we need to be about. ance of our economy. The turning of a every year, President Obama will in- Now, we can go through the litany of $5.6 trillion surplus that the Bush ad- crease discretionary spending by $319 things in this President’s budget and ministration inherited, which allowed billion over President Bush’s budget what the majority has done over its it to do some of the things that it did for 2011. term in office this session to dem- without paying for them because they So, Madam Speaker, I would say, onstrate taxes have gone up signifi- inherited surpluses, unfortunately, again, we have got to do better. The cantly over this period. they left a $5 trillion deficit to this ad- American people are waiting for this It is time to stop taxing, stop spend- ministration. They left a deep, deep, body to step up in a responsible way to ing, and stop borrowing. deep hole that we have been trying to stop the spending, which brings on the So, Madam Speaker, I thank the gen- dig out, without much help, frankly, need for yet even more debt, which ul- tleman for—— from your side of the aisle, I will tell timately will lead to higher taxes, de- Mr. HOYER. Will the gentleman my friend. And we are getting out of spite what the gentleman says, that yield on that? that hole. Almost every indicator indi- Mr. CANTOR. I yield. there’s been enough tax relief, and get Mr. HOYER. When you say taxes cates that, including a growth in jobs. back to a fiscal path that makes sense Not nearly to where people are feeling have gone up in this period, what pe- so we can see small business grow riod are you referring to? it. So we need to make sure that we again. continue to create jobs and create an I yield. b 1315 economy that is working much better Mr. HOYER. First of all, the gen- Mr. CANTOR. Well, I can say this than it worked during the Bush admin- tleman does this often. I never said year, this year, Madam Speaker, taxes istration. there has been enough tax relief. What have increased $670 billion, $316 billion The gentleman mentions that we you just said I said, I never said that. of which comes at the expense of the were in charge of Congress in 2007. Yes, Nobody heard me say that. middle class, breaking the President’s in 2006 the American public said we Mr. CANTOR. I thought that the gen- promise. don’t like the policies that the Bush tleman, Madam Speaker, had said that Mr. HOYER. And what were those administration and the Republicans in there has been so much tax relief under taxes? Congress are pursuing; we want a the current administration that it Mr. CANTOR. Madam Speaker, I change. We did change. But the gen- seems that all we need to do is keep would say, if you look at the health tleman well knows that no veto of spending. care bill that was just passed——

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.037 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2821 Mr. HOYER. The health care bill has What it does mean, however, with the The gentleman did ask what tax cuts, not gone into effect. You’re saying this economy growing, that jobs will follow. or what tax hikes, occurred over the year taxes have been increased. And that’s important. last, over this session. And during the Mr. CANTOR. The health care bill So please don’t put words in my gentleman’s party’s majority rule, we that has just passed, as long as this mouth. We need to cut taxes for the know that there was a $65 billion tax economy and the players in this econ- American public. In fact, as you increase on tobacco products. There omy understand that actions are being know—I want to remark on something was an almost $7 billion tax increase taken now to facilitate adopting to a that you said. Ronald Reagan was a under the stimulus law repealing guid- very high tax environment. supporter of the earned income tax ance allowing certain payers to claim Now, if the gentleman wants to join credit. Why was he a supporter of the losses of an acquired corporation. us, if he wants to join us in sending the earned income tax credit? Because he There was another almost $23 billion of signal to the public that we’re not thought making sure people had surtaxes extended for the Federal un- going to continue business as usual, enough money to get by on, buy some employment program. And there was then let’s step up, send the signal we’re food for their family, buy some clothes also, Madam Speaker, as the gen- not going to allow taxes to increase for their kids to go to school and pay tleman knows, a delay of rules reduc- any further, and that starts with dif- their mortgage payment, was an im- ing double taxation of American for- fering from the President’s budget, portant thing to happen. eign nationals to the tune of almost $6 which calls for $2 trillion of tax hikes That’s the difference, frankly, be- billion. Those are the tax hikes that over the next 10 years. tween our two parties. We don’t believe have occurred, in addition to the over- So I’ll say to the gentleman, you can that was a handout. It was a hand up in whelming billions and billions of dol- say all day long that you have sat here a very difficult economy. We said—and lars inside the health care bill. and provided enough middle class tax they don’t pay taxes. Why don’t they So, Madam Speaker, it is not accu- relief. It’s just not true. The public pay taxes, I ask my friend rhetorically. rate for the gentleman to represent doesn’t understand that. The public The reason they don’t pay taxes is that, number one, this Congress has sees Washington spending money in un- they’re not making enough money to not raised taxes on the middle class. precedented ways and having to borrow pay taxes. We know differently. And, number two, to pay for that. And, ultimately, people Under your tax program, I would sug- to sit here and hide behind the notion understand that it is about raising gest to you, you did that, we supported that there aren’t going to be tax in- their taxes, reducing their take-home it. They didn’t pay taxes. But what we creases at the end of this year, and the pay in order to pay for that. said is, they’ve got to live, their kids fact that that realization is not im- Mr. HOYER. Will the gentleman have to eat, they have to get by. And pacting job growth or the lack thereof, yield? to the extent that they have some as- that’s not being completely accurate, sistance in doing so and spend that Mr. CANTOR. I yield. Madam Speaker. money, as every economist will tell And I would say to the gentleman, Mr. HOYER. The gentleman perhaps you, and you know this to be the case, times are different now. It is time for believes if he says it enough that I said it will help the economy grow. Yes, we us to own up to the obligations that we there’s been enough tax relief maybe help those people as well. face as a country and work together to people will believe it. I have never said Maybe you think that was simply a try and put this country back onto a that on this floor or any other place. handout and that we shouldn’t have growth path. So I wish the gentleman would stop done it. But we did it, and it is the dif- So with that, Madam Speaker—— mischaracterizing what I say. ference between our parties in many Mr. HOYER. Will my friend yield one Now, very frankly, what I have said instances. more time? is the policies we pursued were not I yield back. Mr. CANTOR. I yield. working demonstrably when we took Mr. CANTOR. Madam Speaker, I re- Mr. HOYER. It is a new time. We’re over the Presidency of the United claim my time. Madam Speaker, now, paying our bills. Now, we had to borrow States, and could change policy, which see, this is when the politics of attack a lot of money because we were in a we did. We changed policy consistent kick in. For anyone to sit here and say very deep hole. And everybody said if with, frankly, what Senator MCCAIN that Republicans don’t care about peo- you didn’t, all economists, Marty Feld- said ought to be done during the course ple, that’s just not true, and he knows stein, conservative adviser to Ronald of the election, not the same way, but it. It’s a definitional question. Reagan, said you need to put more that we had to invest in our economy. If the gentleman differs with my money back into the economy. Mark Zandi, Senator MCCAIN’s eco- characterization it’s not a handout, it’s We didn’t have any money. You had a nomic adviser, along with others, said a hand up, okay. But what we’re talk- $5.6 trillion surplus that you inherited. we needed to do what we did. ing about was tax relief. It was not a We inherited a $5 trillion deficit. So we Now, the gentleman voted against it. tax cut. If you don’t pay taxes, you had no money. Your administration But it has, I tell you, worked demon- can’t get a tax cut. spent it all. strably, 2 million new jobs according to But what I’d say to the gentleman is But you didn’t pay for things you the CBO—not new jobs, retained or cre- this: times are different right now, bought. You didn’t pay for your tax ated. In fact, over 2 million jobs; 162,000 Madam Speaker. The American public cuts. Very nice to give tax cuts, but if jobs created last month. Not enough. understands the crossroads this coun- you don’t pay for them and they create He is correct. try is at, that we are on a path to fiscal deficits, then who’s going to pay for But to ignore the fact that we are ruin. them? Our children. And that’s what making some progress, I don’t know And the gentleman likes to continue happened. whether you saw Larry Kudlow, he to defend the stimulus bill as having We went to war. One was absolutely said, you know, stop talking down the been a success. Well, I would say to the essential. We went to another war that economy, stop saying that things Speaker, I’d say, Madam Speaker, to some say was of choice, that is, in Iraq. aren’t getting better because the psy- the gentleman, no one, not very many We somewhat abandoned Afghanistan chology of the economy is very impor- people in America think the stimulus when we went to Iraq, and we didn’t tant. And, in fact, whether it’s the bill was a success at generating jobs, succeed in Afghanistan; but we didn’t stock market indication going up, they and that’s just almost a unanimous pay for either one of those wars. have confidence, whether it’s the fact among most Americans. So if we Who are we expecting to pay for growth in our economy from a 6.4 per- know that, why would we continue to those wars? Our children. cent decline in the economy that we advocate the same policies? You adopted a drug prescription pro- took over from the Bush administra- And instead, Madam Speaker, I gram which, very frankly, we made tion, to now, a 5.6 percent growth, that would say again I hope the gentleman better in the health care bill. We made figure doesn’t mean anything to any- would join us in advocating tax cuts seniors more secure in getting their body unless they get jobs. I understand for small businesses so that we can prescription drugs. But you didn’t pay that. We need to get jobs. grow jobs in this economy. for it.

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.039 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2822 CONGRESSIONAL RECORD — HOUSE April 22, 2010 Your economy that you left us, very I yield back. tice’s capabilities to investigate and frankly, is responsible for 38 percent of Mr. HOYER. If the gentleman will prosecute fraud and other financial that deficit to which you referred; 90 yield, I’ll simply say, I agree with the crimes. Our citizens demand justice. percent-plus of the deficit that con- gentleman. And I agree with the gen- Those who committed financial crimes fronts this country are direct results of tleman, and certainly want to join to- must be brought to justice. Our letter the policies pursued in the last admin- gether in this effort. And the gen- and H.R. 3995 lead exactly in that di- istration. Just as when Roosevelt in- tleman will observe, that’s why we rection. herited from the Hoover administra- have adopted, readopted statutory f tion a very substantial downturn, it PAYGO. We think that will constrain RECOGNIZING AUTISM took him time to turn that economy spending. That’s why we’ve created a AWARENESS MONTH around. commission to look at spending and So I say to my friend, we are pre- make recommendations to get a handle (Ms. ROS-LEHTINEN asked and was pared to work together, but we’re not on the spending in this country and given permission to address the House prepared to pretend that—when you bring our deficit in line as it was in the for 1 minute and to revise and extend say times are different, they are dif- nineties. her remarks.) ferent. They are very different. The dif- And that is why the President has Ms. ROS-LEHTINEN. Madam Speak- ference between a $5.6 trillion surplus submitted a budget that freezes discre- er, I rise today to recognize April as and a $5 trillion deficit, the Bush ad- tionary spending at last year’s levels. Autism Awareness Month and call for ministration inheritance and our in- So we agree with you that we need to increased research into and treatment heritance. And that has made it tough. move in that direction and, in fact, we for this leading developmental dis- It’s made it tough on us, tough on the are. order. Autism impacts more of our American people. And we’re trying to I thank the gentleman. children every day, and it is becoming get out of this. I think we are. Mr. CANTOR. And I’d say, final clos- exceptionally prevalent in our Amer- And again I repeat to my friend, ing, Madam Speaker. I’d say that in ican society. Larry Kudlow gave you some good ad- order to get a handle on spending, just The number of American families vice, very conservative guy, on tele- stop. And that is why we shouldn’t who must learn to cope with autism is vision. You know him; I know him. We allow for discussion of hiking taxes. It growing every day. An estimated one appear on his program. And he urged allows this body, this Federal Govern- in 110 children born in the United those of you on the conservative side of ment, to have yet even more of the tax- States are now diagnosed with autism. the ledger, don’t deny the facts. That’s payer dollars to decide how to spend. We must invest in the research that what Larry Kudlow said. Don’t deny It’s time for us to stop and practice will allow us to better understand and the progress that has been made be- fiscal discipline and get this economy treat this serious disorder. cause if you deny it and people believe back on track. For individuals already living with that denial, they won’t think things I yield back. autism and those children who will be are getting better and they won’t act diagnosed this year, we must make this f accordingly. And that’s not going to be our priority. Autism’s hold on our fam- good for our economy. It won’t be good b 1330 ilies, our children, and our country for our country. must be broken. So I caution my friend to, when ADJOURNMENT TO MONDAY, APRIL 26, 2010 I look forward to the day when chil- things are positive, have the ability to dren diagnosed with this develop- say, yes, we’ve made some positive Mr. HOYER. Madam Speaker, I ask mental disorder can live full and progress from where we were before unanimous consent that when the healthy lives. this administration came into office. House adjourns today, it adjourn to f I yield back. meet at 12:30 p.m. on Monday next for Mr. CANTOR. I thank the gentleman. morning-hour debate. CONGRATULATING ANGEL RAY And in trying to close this colloquy, The SPEAKER pro tempore. Is there GUERRERO Madam Speaker, I would say the gen- objection to the request of the gen- (Mr. SABLAN asked and was given tleman knows good and well that when tleman from Maryland? permission to address the House for 1 we had a positive job growth report There was no objection. minute and to revise and extend his re- last month, I was the first one to speak marks.) out and acknowledge the fact that, yes, f Mr. SABLAN. Madam Speaker, Angel growing jobs is a good thing. We’ve got INVESTIGATE GOLDMAN SACHS Ray Tudela Guerrero is a teenager in a long way to go. The gentleman admits that we are at (Ms. KAPTUR asked and was given the Northern Mariana Islands who, de- a different time now, and he points to permission to address the House for 1 spite facing health problems in his own the deficits; and I point to the fact that minute.) life, has found ways to improve the the old administration, he alleges, Ms. KAPTUR. Madam Speaker, this lives of other young people. didn’t pay its bills, and that perhaps week the Securities and Exchange At age 12, Angel Ray was diagnosed we, in the majority, spent too much. Commission alleges, in a rather unusu- with a malignant brain tumor. But Okay. Fine. ally constructed civil case, Goldman Angel Ray did not let his disease con- But it doesn’t give this majority and Sachs committed fraud. But there is trol his life. Instead, he used his experi- this Congress and this administration growing concern that evidence pre- ence to empower himself to help oth- any better or more license to go and sented in this case could be excluded ers. bankrupt this country by continuing from any subsequent criminal case During his year-and-a-half long stay on the spending path, and that is my that might be filed by the U.S. Depart- in a Hawaii hospital battling cancer, point. ment of Justice. Angel Ray found that time passed more We are at a crossroads, Madam Thus, I invite my colleagues to join comfortably because of the playroom Speaker. I would tell to the gentleman, me and several dozen Members in sign- there. But Angel Ray knew that kids we have tremendous challenges before ing onto a letter to Attorney General back home in the Commonwealth us; and as the American people know, Holder asking him to investigate Gold- Health Center in the Northern Mariana if we don’t stop the reckless policies of man Sachs and other related cases to Islands had no playroom. So Angel Ray this town, it may very well lead to the ferret out and fight fraud in our finan- partnered with Hawaii Representative fact that our kids and their kids will cial system. Legal maneuvering to Glenn Wakai and with Reach Out Pa- not enjoy the same freedoms and op- thwart justice should not be allowed cific, a nonprofit organization. To- portunities that we do. through those who harmed our Repub- gether, they organized donations of So I continue to tell the gentleman lic so maliciously. toys and books to create a playroom at we stand ready to work with him to try In addition, I urge my colleagues to the Marianas Hospital. and address this extremely critical sign onto H.R. 3995, which enhances the Angel Ray Guerrero is an inspiration time in our Nation. FBI’s, SEC’s, and Department of Jus- to us all, an individual who took the

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.040 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2823 adversity of his own life and turned it what we see today, a continuing tradi- Who can afford to lose the best and the into a benefit for others. tion and legacy of fine food, family brightest? We lose that when we begin f gathering, a sense of place, and a gath- to lay off teachers. We should end any ering post after local community meet- thought about laying off America’s SUPPORT THE ECONOMIC ings and events. Russo’s has the recipe teachers. FREEDOM ACT for success, tasty success, for 90 years. f (Mr. ROONEY asked and was given Congratulations, Russo’s. permission to address the House for 1 f UNCERTAINTY IMPACTING SMALL minute and to revise and extend his re- BUSINESSES NATIONAL MEDIA SHOW DOUBLE marks.) (Mr. NEUGEBAUER asked and was Mr. ROONEY. Madam Speaker, Flor- STANDARD ON GOLDMAN SACHS COVERAGE given permission to address the House ida’s unemployment just reached a for 1 minute and to revise and extend record 12.3 percent, and in some areas (Mr. SMITH of Texas asked and was his remarks.) of my district it’s as high as 15 percent. given permission to address the House Mr. NEUGEBAUER. Mr. Speaker, My constituents continue to ask me, for 1 minute and to revise and extend I’ve spent a number of weeks back in ‘‘Where are the jobs?’’ Many claim that his remarks.) my district, the 19th Congressional the layoffs are driving up the unem- Mr. SMITH of Texas. Mr. Speaker, District of Texas, talking to small ployment rate. But the real culprit is during President George W. Bush’s first businesses all throughout the district the lack of jobs being created in the term, the national media gave exten- about the economy and about jobs, private sector. sive coverage to the Bush administra- which is on the minds of the American Americans who have been jobless for tion’s relationship with Enron. The people, and particularly the people in over a year will continue down that New York Times wrote, ‘‘Their ties are the 19th Congressional District. road if new jobs simply do not exist. broad and deep and go back many Many of them said, Congressman, we And I am not talking about temporary years.’’ Time Magazine reported on would be spending money, we would be government jobs. Congress must work ‘‘Bush’s Enron Problem.’’ A Chicago expanding our business, but Congress is to stop spending and create a favorable Tribune headline read, ‘‘Bush urged to creating such an uncertainty that we environment for businesses to save be open about Enron.’’ don’t know what to do. They’re still money and invest by cutting taxes and Eight years later, by comparison, na- trying to figure out how this health incentivize banks to start lending tional coverage of the Obama adminis- care bill is going to impact them. again. tration’s connection to Goldman Sachs They’re still trying to figure out if this Increasing the Federal Government’s is scarce. The SEC has filed suit Congress is going to pass a cap-and- control over the free market and against Goldman Sachs, charging it in- trade bill that will increase the cost of spending money we do not have is not tentionally misled investors who par- energy. They hear Congress talking the answer. Americans have made that ticipated in a mortgage securities deal about all kinds of taxes, VAT taxes, clear. That is why today I cosponsored that was designed to fail. Goldman gasoline taxes. the Economic Freedom Act. This bill Sachs employees gave President And now they see Congress is spend- will lower job-killing taxes on busi- Obama over $1 million in campaign ing and borrowing money it doesn’t nesses and rein in excessive govern- contributions, nearly seven times as have, running up these record deficits. ment spending. This is the type of solu- much as President Bush received from And they said, Congressman, we’re just tion Americans deserve. Enron workers, according to numbers uncertain about what the future is in f on OpenSecrets.org and as reported by this country. the Washington Examiner. The Exam- CELEBRATING THE 90TH ANNIVER- In fact, when I go around to clubs and iner also reported that several current SARY OF RUSSO’S BAR & GRILL meetings, I ask people in the audience and former members of the Obama ad- (Mr. TONKO asked and was given to raise their hand if they are living ministration have close ties to Gold- out a better life than their parents. permission to address the House for 1 man Sachs. minute and to revise and extend his re- Everybody’s hand raises. But when I The national media should give ask them how many people think, marks.) Americans the facts, not practice dou- Mr. TONKO. Mr. Speaker, I rise based upon the course we are on today, ble standards. that their children and grandchildren today to celebrate the 90th anniversary f of Russo’s Bar & Grill in Amsterdam, will live a better day, the hands are New York, a city I have proudly called DO NOT LAY OFF TEACHERS brought down. home my entire life. (Ms. JACKSON LEE of Texas asked Mr. Speaker, we need to get back to John Russo opened Russo’s in 1920 as and was given permission to address the basics here, cut spending, cut the Mohawk Grocery Store. After the the House for 1 minute.) taxes, and get the American people repeal of Prohibition in 1933, John Ms. JACKSON LEE of Texas. I agree back to work. turned the grocery store into a tavern with my friends on the other side of f and pool hall. He then passed it to his the aisle, we must create jobs. And we SPECIAL ORDERS children, Pat, Angelo, Vince, and Lou. are working intensely to do that. My Other than Lou’s sad passing, the oth- recollection is that during the Clinton The SPEAKER pro tempore (Mr. ers are still alive and well today. The administration, we created some 22 HIMES). Under the Speaker’s announced restaurant eventually was passed along million-plus jobs. In the Obama admin- policy of January 6, 2009, and under a to its current owners, Mike and Bar- istration we are increasing our hold on previous order of the House, the fol- bara Russo. not losing jobs and increasing jobs. lowing Members will be recognized for However, Russo’s is much more than I hope my colleagues will join me in 5 minutes each. a run-of-the-mill restaurant. Russo’s is arguing two points: one, we must in- f about family, a gathering place, old vest in the private sector, but our American ideals, an immigrant’s banking industry must invest in small HONORING MILLARD VAUGHN dream, and a successful small business. businesses to allow them to hire indi- OAKLEY Perhaps that is why even then-can- viduals; and two, we must not lose The SPEAKER pro tempore. Under a didate Hillary Clinton recognized the America’s teachers. That is the public previous order of the House, the gen- importance of Russo’s, making a cam- sector. But who can afford to lose tleman from Tennessee (Mr. DAVIS) is paign stop there during her successful 300,000 teachers? We must call that an recognized for 5 minutes. 2000 run for a United States Senate emergency and begin to work on the Mr. DAVIS of Tennessee. Mr. Speak- seat. idea of saving the Nation’s teachers. er, the Upper Cumberland region of Nearly a century ago, John Russo To the Nation’s teachers, stand up Tennessee is known throughout the planted his dream seed, which ger- for your job because you are standing country for its unparalleled natural minated and grew over generations to up for the education of our children. beauty. Its rivers and streams, rolling

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.041 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2824 CONGRESSIONAL RECORD — HOUSE April 22, 2010 hills, farms, fields, and forests all come wishing Millard success in all his fu- An Arizona rancher was murdered at together to create the rich tapestry of ture endeavors. the border recently on his ranch. A the region. But just as the beauty of f California border agent was assas- the land contributes to the character The SPEAKER pro tempore. Under a sinated just a few months ago. In El of the place I am proud to call home, so previous order of the House, the gen- Paso, Texas, our border patrol agents does the remarkable beauty of the peo- tleman from Kansas (Mr. MORAN) is are reportedly being targeted by the ple. The teachers and statesmen, the recognized for 5 minutes. Azteca hit men. These outlaws work war heroes and artists of the region are (Mr. MORAN of Kansas addressed the and protect drug shipments for the the vehicles that have carried our most House. His remarks will appear here- Juarez drug cartel. cherished traditions throughout the after in the Extensions of Remarks.) Arizona has just passed a new law ages. f giving local law enforcement the abil- Out of these great men and women, ity to check immigration status and there is one in particular that I am AND THE BORDER VIOLENCE detain those in the United States ille- proud to call my friend. Never one to CONTINUES gally. The bill also puts an end to sanc- shrink from a challenge, but he has al- The SPEAKER pro tempore. Under a tuary cities in Arizona. It requires law ways been ready and willing to dedi- previous order of the House, the gen- enforcement agents to make reason- cate his time and resources to the serv- tleman from Texas (Mr. POE) is recog- able efforts to determine a person’s ice of others. nized for 5 minutes. legal status if there is a reasonable ex- Mr. Speaker, I rise today to honor Mr. POE of Texas. Mr. Speaker, there pectation they’re in the United States Millard Vaughn Oakley, an accom- are rules and procedures for coming illegally. Arizona and other States are plished Tennessean who has tirelessly into the United States legally. You desperate so they are trying to do the dedicated his life to public and commu- have to sign the guest book at the job that Washington will not do. nity service. Whether through his law point of entry so we know who you are. This bill is waiting for the Gov- practice, his service in the General As- We have a right to know why someone ernor’s signature in Arizona, and most sembly, or his fight to improve edu- wants to visit our country—and we Arizona citizens support this law. Bor- cation, Millard has always been a have the right to tell them when it’s der States have been asking for help staunch advocate for the interests of time for them to go home. for securing the border against the es- Tennesseeans. Although it would be But right now, America’s hard- calating violence for years. States have impossible to qualify and quantify the working taxpayers foot the bill for to protect their citizens because the total impact that Millard’s work has anyone who sneaks across our borders Federal Government refuses to act to had on our communities, countless unabated. American taxpayers are ex- adequately secure the border. It is the lives have been enriched because of his pected to pay for the world’s problems. primary purpose of the Federal Govern- faith and his friendship. We have enough problems of our own ment to keep American citizens safe. A lifelong resident of Overton County right here. When the Federal Government refuses in the foothills of the Cumberland Pla- Let me mention some of our border to act, the border States are left to teau, Millard graduated from Living- issues and some of those issues that we ston Academy in 1947, attending Ten- deal with the problem on their own. have on the Texas-Mexico border. Governor Rick Perry in Texas has nessee Technological University, and Criminal aliens are a part of that been asking for National Guard troops graduated from Cumberland Law problem. There is a crime wave taking for over a year, but the Department of School in 1951. Almost immediately place in our border regions. There are after earning his law degree, Millard Homeland Security has ignored these 14 Texas counties that border Mexico. requests. began his general law practice in Liv- And recently, I called the 14 county ingston, Tennessee, which he continued There seems to be blissful silence in sheriffs and asked them this question, D.C. about the border war. Why do we until 1971. ‘‘How many people do you have in your During that time, he was elected to wait for more tragedy before more county jail that are foreign nationals four terms in the General Assembly boots are put on the ground? Our law charged with crimes other than immi- and served one term in the State’s con- enforcement agents need help. Doesn’t gration violations like misdemeanors stitutional convention. He has had nu- Washington know the border has be- and felony offenses?’’ And they told me merous positions in Tennessee govern- come a war zone? that 37 percent of the people in the bor- ment, including county attorney, and National Guard troops should be de- der county jails in Texas are foreign served as our State Insurance Commis- ployed to the border immediately to nationals charged with those crimes. sioner. protect us from the narcoterrorists. These are not rich counties. These Millard has always fought to improve Border patrol and local sheriffs in are poor counties. And yet they’re ex- education throughout Tennessee. He Texas and other States are outmanned, pected to take the brunt of the crime serves on the Tennessee Board of Re- outgunned, and outfinanced. problem on the border. They don’t have gents, and through his financial sup- The United States guards the borders the money to prosecute or even house port helped create the Science, Tech- of other nations, but yet we refuse to these individuals. You see, Mexico’s nology, Engineering and Math Center guard our own border. Why do we do problems have become our problems. at Tennessee Technological University that? Mr. Speaker, we fail to act at our Further, the violence in Mexico has to bring a world-class research center own peril. escalated. Just yesterday, a Holiday into the heart of Tennessee. And that’s just the way it is. Inn in Monterrey, Mexico, was at- f b 1345 tacked by narcoterrorists. The assault In his hometown of Livingston, he was done by 50 gunmen who seized cars AIDS FOUNDATION OF CHICAGO was instrumental in coordinating local to block streets to slow down police re- The SPEAKER pro tempore. Under a officials and private investors to con- sponse. At least three people were kid- previous order of the House, the gentle- struct the public library that now napped in the attack by the drug car- woman from Illinois (Ms. SCHAKOWSKY) bears his name. He also established the tels. is recognized for 5 minutes. Oakley First National Bank Founda- Violence at our southern border with Ms. SCHAKOWSKY. Mr. Speaker, I tion which provides scholarships for fi- Mexico has escalated as well, and it not rise today to mark the 25th anniver- nancially challenged high school sen- only affects Mexican nationals on the sary of an extraordinary organization— iors in Overton County. northern part of Mexico, but Ameri- the AIDS Foundation of Chicago. The Through his philanthropy, Millard cans on the southern border as well. AIDS Foundation is not just an Illinois helped build a campus for Volunteer Murders, kidnappings, Old West treasure. It is recognized across the State Community College in Overton shootouts, Mexican military helicopter Nation as a leader in HIV/AIDS policy County, which now serves students intrusions into the United States, and and service. across the Upper Cumberland. reports of criminal cartels cloning bor- The AIDS Foundation was founded in I am proud to be counted as one of der patrol vehicles to smuggle drugs 1985 at the height of the HIV/AIDS epi- Millard’s friends, and I join them in have all occurred. demic when an AIDS diagnosis was a

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.043 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2825 death sentence. HIV had been identi- Board Chair Aaron Baker, and their one? Well, of course they do. But oth- fied 2 years earlier, but effective treat- staff and volunteers for their leader- ers have it. ment was still not available. Many of ship and dedication in the fight against They have never been found in viola- us watched helplessly as friends and HIV/AIDS. Thanks to your hard work tion of the nonproliferation treaty. loved ones passed away. over the last 25 years, we now know Never. And yet Pakistan, India, and AFC was founded by friends of mine, that this is a fight in which one day we Israel, they don’t even belong, and Dr. Renslow Sherer, Dr. Ron Sable, will be victorious. they’re our friends and we give them Judy Carter, and William Young. Its f money. Pakistan, they have gotten mission: to lead the fight against HIV/ support from us. They have nuclear The SPEAKER pro tempore. Under a AIDS and improve the lives of people weapons and they have been known to previous order of the House, the gen- affected by the epidemic. send nuclear technology to North tleman from North Carolina (Mr. Thanks to AFC’s role as a force for Korea. JONES) is recognized for 5 minutes. change, lives have been saved and lives So the whole process makes so little (Mr. JONES addressed the House. His have been changed. AFC helped turned sense. remarks will appear hereafter in the the tide of this epidemic in Illinois and The language today was used that, Extensions of Remarks.) across the country by working with well, we have to go in because of the community organizations to develop f weapons of mass destruction, they’re and improve HIV/AIDS services, fund- WHY A ‘‘NO’’ VOTE IS THE RIGHT going to have missiles and they’re ing and coordinating prevention, care, VOTE ON SANCTIONS FOR IRAN going to attack us. It’s identical to the and advocacy, and acting as a cham- propaganda promoting in 2002 and 2001 pion for effective, compassionate HIV/ The SPEAKER pro tempore. Under a before we attacked Iraq. So this same AIDS policy. previous order of the House, the gen- process is occurring trying to generate In its position as the hub of HIV/ tleman from Texas (Mr. PAUL) is recog- all of this excitement about the need to AIDS services in Chicago, AFC has nized for 5 minutes. use hostilities. worked with its partner agencies to Mr. PAUL. Today, the motion to in- Now, a lot of individuals vote for connect people living with or affected struct on the comprehensive Iranian sanctions that are basically anti-war by HIV/AIDS with the care, housing, sanction bill was passed overwhelm- and they don’t like the military op- and prevention services that keep HIV ingly, 400–11. Eleven individuals said tion, and they think this is an alter- infection from being the death sen- that this was not a good idea. I was one native. I think that is deeply flawed tence it once was. of those 11, and I would like to explain thinking, because sanctions lead to Through its advocacy efforts, AFC why I think the sanction bill against hostilities. And if you commit to the has given a voice to those who would the Iranians is very, very dangerous sanctions, you’re really committing to otherwise go unheard, empowering and not well thought out. the next step. The sanctions of the those living with the disease to be Sanctions are very serious. Sanctions 1990s and the year 2000, the sanctions their own advocates, holding those of are literally an act of war. When you on Iraq, eventually led to the hos- us in power accountable, and keeping prevent certain goods and services tilities and the war and the invasion. the human face of the epidemic fresh in going into a country, it’s like a block- So what did that invasion of Iraq do? our eyes and close to our hearts. ade. There is no advantage to us to do Did we find any al Qaeda there? No. We Many of the life-saving programs es- this. The sanction bill literally says found out that Saddam Hussein tablished by this body have been imple- that any country that trades or sends wouldn’t allow the al Qaeda there. No mented on the ground by AFC and its oil into Iran, we will no longer trade weapons of mass destruction. We’ve community partners. Again and again, with them. So if Russia sends in oil or turned the country upside down. Hun- AFC has proven itself to be a dedicated gasoline or refined products or China dreds of thousands of people injured steward of public and private re- does, we are theoretically, under this and killed. We have suffered dev- sources. Its innovative approaches to bill, not to trade with them. Can you astating problems from this. And what coordinating HIV/AIDS prevention and think of anything more chaotic than has happened? We turned the Govern- care services such as case management having a trade war with China at this ment of Iraq over to the Shiites, who and support of housing programs have particular time? are allies of the Iranians. So that been repeatedly recognized as national So often well-intentioned foreign pol- whole policy has actually backfired. models. icy procedures backfire. They have un- So now what we’re doing to the Ira- From the west side of Chicago to intended consequences and there is too nians is driving them into the pockets West Africa, AFC has partnered with often blowback. Today, unbelievably, of the Chinese. The Chinese are pretty community organizations to support we are engaged in so many places in good capitalists these days. They work vital prevention, education, and care the world and we can’t afford it. Our hard, they produce, they sell us certain programs that would otherwise go un- foreign policy costs us a trillion dollars goods and services. We pay them, they funded. These activities reflect the a year to operate. We’re in 135 coun- save their money, and they’re starting true scope of the HIV/AIDS epidemic tries. We have over 700 bases through- to invest. So they’re investing around running the gamut from the local and out the world. We are engaged in mili- the world in natural resources. And State level to the national and inter- tary confrontation in Iraq, Afghani- what are we doing? All we’re doing is national stage. stan, in Pakistan. We’re bombing in trying to take over the world with nat- Because of the richness of these Yemen, as well as having surrogates ural resources so we have control of links, AFC is uniquely positioned to fighting in Somalia. oil. build coalitions and grassroots advo- We’re flat-out broke. The policy is This is a mercantilistic idea, it’s an- cacy networks to effect change. Its driving our enemies into the hands of cient, and it takes you back to almost leadership in countless campaigns for the Chinese, and here we are looking colonial times. for another war. It makes no sense more and better HIV/AIDS prevention, b 1400 care and housing services has empow- whatsoever. ered those communities impacted by The conversation today was nothing So this, I think, shows that our poli- the epidemic to directly engage their more than war propaganda on why we cies are deeply flawed. I sure would elected officials and demand the life- have to get ready to bomb the Iranians. have wished this vote would have come saving services that they need. There is no proof, according to our out differently. And I warn, this was a As a Member of Congress, I rely on CIA, that they’re actually working on very dangerous vote. AFC to provide me with policy advice a nuclear weapon. I’m sure they would f and, as important, to describe the on- like to. Why not. Everybody around The SPEAKER pro tempore (Mr. the-ground needs and concerns that them has it so it would be logical that DRIEHAUS). Under a previous order of must be addressed. if they’re surrounded and threatened the House, the gentleman from Penn- And so I would like to congratulate and intimidated with all of the people sylvania (Mr. ALTMIRE) is recognized AFC President and CEO Mark Ishaug, around them, why wouldn’t they want for 5 minutes.

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.047 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2826 CONGRESSIONAL RECORD — HOUSE April 22, 2010 (Mr. ALTMIRE addressed the House. We expect the gun forces to return. small business. Joeten was lucky His remarks will appear hereafter in We are ready for them. For the sake of enough to have a government job, but the Extensions of Remarks.) post-9/11 Washington and hometown he was constantly networking, plan- f D.C., they must not succeed in over- ning, and then carefully executing a turning the public safety gun laws of variety of adaptations and expansions VOTING RIGHTS FOR THE the Nation’s capital. I promise you to grow the business. Daidai supervised DISTRICT OF COLUMBIA this, we will redouble our efforts to fi- the store during the day, balancing the The SPEAKER pro tempore. Under a nally give the American citizens who books, while caring for and feeding the previous order of the House, the gentle- pay taxes at a rate of second per capita couple’s growing family. The four woman from the District of Columbia in the United States, the citizens who daughters and two sons of Joeten and (Ms. NORTON) is recognized for 5 min- live in our own capital, the vote in Daidai—Annie, Clarence, Norman, Pa- utes. Congress they have sought for two cen- tricia, Frances, and Priscilla—began Ms. NORTON. Mr. Speaker, this week turies and that every American who their own education in business at an a historic vote to give the 600,000 resi- believes in the founding principles of early age right there in the store. dents of the District of Columbia here the Framers and our country know Their parents’ example and tough but in the Nation’s capital voting represen- must have. Let’s do it, and let’s do it caring attitude taught the children to tation in the House was due on the this year. work hard to get what they wanted floor and had to be pulled down but from life. They learned that personal only for now. I come to thank the ma- f discipline was key to success. And as jority of Members of Congress, of this The SPEAKER pro tempore. Under a each of the children grew, they took on House, who have voted for the right of previous order of the House, the gen- their own increasingly important roles the people of the District to have a tleman from Illinois (Mr. DAVIS) is rec- in the burgeoning Joeten Enterprises. vote on this floor, especially the 22 Re- ognized for 5 minutes. Joeten passed on in 1993, Daidai in publicans and the 219 Democrats, who (Mr. DAVIS of Illinois addressed the 2008. But their six children continue to gave the D.C. House Voting Rights Act House. His remarks will appear here- run the many businesses their parents a straight-up vote in 2007 when it after in the Extensions of Remarks.) began. The children of Joeten and passed 241–177. f Daidai share their parents’ values with I thank Speaker PELOSI and Majority their own children, so the lessons Leader HOYER for their invaluable and CONGRATULATING JOETEN ENTER- unfailing support until the very end. I PRISES ON ITS 60TH ANNIVER- Joeten and Daidai imparted continue to be practiced by a third generation of thank Majority Leader HARRY REID for SARY entrepreneurs. bringing a historic first-time vote for The SPEAKER pro tempore. Under a the bill where it passed the Senate. I As retold by the Tenorio children and previous order of the House, the gen- grandchildren, one of the most impor- thank Chairman JOHN CONYERS for his tleman from Northern Mariana Islands tant of these lessons was that to a unyielding support of D.C. voting (Mr. SABLAN) is recognized for 5 min- rights. I thank former Representative large degree the company’s success is utes. the result of the teamwork of the com- TOM DAVIS whose idea it was to pair Mr. SABLAN. Mr. Speaker, I rise to Democratic D.C. with Republican Utah, pany’s loyal and dedicated managers congratulate the shareholders, man- and employees. the most perfect example of a bipar- agement, and employees of a very spe- tisan bill ever to hit this floor where In that spirit, we salute them all— cial family-owned business in the owners, managers, employees. Hand in each side benefits equally. I thank Ilir Northern Mariana Islands as they cele- Zherka of D.C. Vote and the coalition hand, may they continue to prosper in brate their company’s 60th anniver- the next decade, guided by the vision he put together and Wade Henderson of sary. Joeten Enterprises, Inc., or sim- the Leadership Conference on Human and spirit of the company’s founding ply Joeten as it is known to local resi- couple, Joeten and Daidai. and Civil Rights, who were steadfast dents, began with Jose Camacho f and creative throughout this process. Tenorio and his wife Soledad Duenas The Senate for the first time, in fact, The SPEAKER pro tempore. Under a Takai selling beer and soft drinks to enacted the bill, but it had a gun previous order of the House, the gen- soldiers and sailors from Saipan right amendment that took down the Dis- tleman from Florida (Mr. POSEY) is rec- after World War II. Joeten and Daidai, trict’s gun safety laws, yet the Dis- ognized for 5 minutes. as everyone called the Tenorios, gradu- trict’s gun safety laws have been held (Mr. POSEY addressed the House. His ally grew their quintessential mom and to be constitutional now by the courts. remarks will appear hereafter in the pop operation into a diversified, multi- When the bill came here to the House, Extensions of Remarks.) I sought a clean vote and almost got it. million-dollar corporation. Today Joeten Enterprises encompasses not f I thank the House for being willing to The SPEAKER pro tempore. Under a put the D.C. House voting rights bill on only retail shopping outlets but also wholesale, shipping and stevedoring, previous order of the House, the gentle- a must-pass bill. The Senate did not woman from California (Ms. WOOLSEY) agree, so I spent months trying to ne- car dealership and auto service, hotel, real estate, construction and material is recognized for 5 minutes. gotiate a compromise that would have (Ms. WOOLSEY addressed the House. left at least some of D.C.’s gun laws in- supply, hardware, insurance, bakery and deli businesses. They have hun- Her remarks will appear hereafter in tact. the Extensions of Remarks.) Finally, and reluctantly, I agreed to dreds of employees, including many the same amendment that passed the that have been a part of the company f Senate to, in fact, alter the District’s for decades. The SPEAKER pro tempore. Under a gun laws, but I had a set of strategies It is difficult to imagine our prin- previous order of the House, the gen- for returning the District’s public safe- cipal island of Saipan 60 years ago. The tleman from Indiana (Mr. BURTON) is ty laws. war had destroyed virtually all of the recognized for 5 minutes. However, we were hit with a new over physical and commercial infrastruc- (Mr. BURTON of Indiana addressed the top revised gun amendment that ture. Residents found some work with the House. His remarks will appear gun forces sprung on us that was worse the U.S. military or lived on govern- hereafter in the Extensions of Re- than anything we could have imagined. ment handouts. So for newlyweds marks.) Ultimately, people would have been al- Joeten and Daidai to take the great en- f lowed to carry guns in the Nation’s trepreneurial leap of faith and open a The SPEAKER pro tempore. Under a capital. The city could not prohibit corner grocery store in the village of previous order of the House, the gentle- guns in its own publicly owned build- Chalan Kanoa was a significant step woman from Ohio (Ms. KAPTUR) is rec- ings. Owners of residential and com- not only in their own lives but in the ognized for 5 minutes. mercial property could not ban guns in reconstruction of the island economy. (Ms. KAPTUR addressed the House. their own property to those who rent Joeten and Daidai sacrificed much Her remarks will appear hereafter in or lease. and worked long hours to build their the Extensions of Remarks.)

VerDate Nov 24 2008 01:25 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.051 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2827 The SPEAKER pro tempore. Under a tating the policies that will direct ally supposed to be passed out of com- previous order of the House, the gen- health care in this country not just mittee much earlier and was supposed tleman from Virginia (Mr. FORBES) is through election day, not just through to come to the floor, and we were sup- recognized for 5 minutes. election day 2012, but literally through posed to pass the bill on the floor of (Mr. FORBES addressed the House. the lives of the next three generations the House before we went home for the His remarks will appear hereafter in of Americans. August recess. But because the Speak- the Extensions of Remarks.) So this is an important concept, and er of the House decided to take up the people do need to pay attention. As the f climate change bill in June and force rules are written over at the Depart- the passage of that bill right at the end The SPEAKER pro tempore. Under a ment of Health and Human Services, previous order of the House, the gen- of June before we went home for the there will be periods open for comment Fourth of July recess, thereby causing tleman from Oregon (Mr. DEFAZIO) is on that public rulemaking process, and recognized for 5 minutes. many Members to feel some anxiety people need to visit Web sites such as from their constituents back home (Mr. DEFAZIO addressed the House. healthcaucus.org or the Health and over what they had done with this His remarks will appear hereafter in Human Services Web site to familiarize the Extensions of Remarks.) large energy tax that the House just themselves with the rules as they are passed, many Members of Congress f being written. If you get the mental were reluctant to move with rapidity FURTHER MESSAGE FROM THE picture of some central planner moving on the health care bill because they SENATE data points around on a big map or were feeling the push-back from the graph, that’s probably the right mental energy bill that they wondered if A further message from the Senate image to have right now with where we maybe we didn’t pass this a little too by Ms. Curtis, one of its clerks, an- are with this health care bill. quickly and maybe we should have read nounced that the Senate has passed a Let’s talk just a little bit about how the bill and studied and understood bill of the following title in which the we got to where we did with the pas- what the bill did before we voted on it. concurrence of the House is requested: sage of the bill. The recognition after So the month of July was kind of a S. 3244. An act to provide that Members of the presidential election of 2008 that give-and-take. Really most of the dis- Congress shall not receive a cost of living ad- health care was going to be a big part cussion was on the Democratic side of justment in pay during fiscal year 2011. of the legislative agenda for the Presi- the aisle. It did not involve Repub- f dent’s first term. There was no ques- licans. But it was moderate Democrats tion about that. And as we worked our HEALTH CARE who were concerned about the passage way through the year last year, con- of this bill too quickly. The SPEAKER pro tempore. Under cepts such as cost and coverage started the Speaker’s announced policy of Jan- creeping into almost every story that b 1415 uary 6, 2009, the gentleman from Texas was written about health care. Because Ultimately, the bill did pass in com- (Mr. BURGESS) is recognized for 60 min- it was after Senator Kennedy’s committee. All of the moderate Democrats utes as the designee of the minority mittee over in the Senate, that Health, on my committee voted in favor of it leader. Education, Labor, and Pensions Com- and ultimately it passed, but it didn’t Mr. BURGESS. I thank the minority mittee, released a Congressional Budg- pass until the House had already ad- leader for allowing me to speak this et Office score on the bill that they journed for the August recess on July afternoon during the leadership hour. were working on which showed a cost 31. As a consequence, the bill did not It is always a significant event to be significantly north of $1 trillion over 10 come back to the House floor until asked to speak during the leadership years and coverage numbers of about 13 after the August recess. hour, and I certainly appreciate the million additional people being cov- Most of us know what happened dur- confidence shown in me by the leader- ered, that people said, Oh, my good- ing August. There was a significant ship. ness, this costs a lot, and we don’t get amount of anxiety exhibited across the This afternoon I thought we’d talk a nearly the coverage that we thought country where people would show up at little bit more about the health care we did. So almost every other health their Member of Congress or their Sen- bill that was passed by this House last care proposal that came forward after ator’s town hall meeting during the month because it is an important sub- that was subject to that same Congres- summer and voice either their support ject and one that continues to cause sional Budget Office scrutiny and scor- or their rejection of the concept of the problems across the country. Almost ing. And as a consequence, it kind of health care bills that were being dis- anyplace you go, people want to ask got an idea of the parameters that were cussed in the House and the Senate, you questions about, Why did you do being set. Those parameters were that and the feeling was almost uniformly this bill, and what does it mean for me, the bill had to be scored and costing negative against what was being passed and what can I expect going forward? under $1 trillion, and the bill had to at least on the floor of the House. Mr. Speaker, I know I need to confine score as covering an additional 30 mil- The situation that occurred after the my comments to the Chair, and I will lion people. Those were the points on end of the summer town halls, I do so. But if I were to be able to speak the graph that had to be satisfied at thought we would come back and, per- to people directly, I would encourage the end of the discussion. haps with a renewed spirit of biparti- them to look at a health care policy So if it were a question of covering sanship, realize that we could not do Web site that my office maintains. It’s everyone who makes under 150 percent something this large when it was called the Congressional Health Care of the Federal poverty level under Med- against the will of the American peo- Caucus, healthcaucus.org. This Web icaid, as was the directive from the bill ple. I thought we would come back and site chronicles many of the debates and that was passed in the House, if that hit the pause button or the reset but- discussions that occurred over the last made the final number too high, then ton or maybe even the rewind button 14 or 15 months, encapsulating the gen- you do what they did in the Senate and and go back to committee and rework esis of this health care bill that was say, Well, we’re only going to cover this bill; but that was not to be. passed last month. And really with the people up to 133 percent of the Federal The President of course came and passage of the bill, the health care poverty level with Medicaid, and that spoke to a joint session of Congress issue does not go away. We simply money that’s not spent on covering here in the middle of September, move into the second part of what is people with Medicaid at higher income speaking right from the podium right going to be the health care discussion levels, we’ll use that for something there behind me, and talked about how because after all, even as we speak, else. And there was all sorts of jock- they were going to go forward with just down the hill at the Department of eying for position that occurred over their vision of health care reform, and Health and Human Services, they are the months during the debate last it didn’t really matter what people said busily working and hiring people, peo- year. over August. Americans must have ple who are going to be writing rules, We passed a bill out of committee on been in some sort of fugue state be- writing regulations, and really dic- July 31 last summer. The bill was actu- cause they didn’t really mean what

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.058 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2828 CONGRESSIONAL RECORD — HOUSE April 22, 2010 they were saying when they said they Now the bill did pass on Christmas here where Members of Congress on the did not like this bill that we, Congress, Eve; it was passed early in the day to Democratic side of the aisle were en- were going to give them, we, the Presi- get Senators out of town ahead of a couraged, cajoled, threatened—what- dent, was going to give them. snowstorm. As a consequence, the bill ever—to change their vote or to change So as a consequence, in December, itself was not ready for prime time. No their mind and vote for this health after the House passed—the House did one, I really believe this, no one in the care bill. come back and pass a bill early in No- Senate ever thought that would be the Well, it passed. It passed and was vember. The bill had grown from 1,000 final product. This was, again, simply a signed into law. It required a signifi- pages at the end of July to 2,000 pages placeholder to get the Senators out of cantly sized fix-it bill to be passed by early November. It was interesting town before Christmas and be able to within a week because the bill was so that the bill had grown in the number say that they had passed a health care flawed it really could not stand on its of pages because all of the amendments reform bill before the end of the year. own. Indeed, there have been multiple that were made in order during the Everyone thought we will come back to things that have been brought to peo- committee process were all mysteri- a conference committee or we will ple’s attention since that time about ously stripped from the bill before it come back to some type of arrange- problems that existed with the bill, and came back to the floor; but the bill was ment where we meld the House and I rather suspect we are going to con- much larger. Senate products together; maybe it tinue to find those problems occurring The bill came to the floor and passed won’t be a formal conference com- over and over and over again in the by a very narrow vote. And again, the mittee because we really don’t want to next several months. polling done the day of that vote include Republicans, but we will still My opinion: this bill should be re- showed that only about one-quarter of work on trying to get some of the pealed, and we should actually go back Americans actually supported the work rough edges of this thing knocked off and do what the American people real- we were doing, about another 30 to 40 and include some of the House-passed ly were asking us to do when they percent felt that we were doing the principles as well. showed up at those town halls in large wrong thing, and another small but Unfortunately for America that numbers in the month of August. They significant percentage said you never happened because what did hap- did not want us to turn the entire sys- shouldn’t even be doing this right now pen is the second Tuesday of November tem on its head in order to help the because your focus should be on cre- an election held way, way up in the people that legitimately needed to be ating jobs in the American economy. State of Massachusetts, where a Re- helped. Yes, we needed to provide some But we passed the bill. publican was elected Senator in a seat assistance to people with preexisting What happened next was really some- that had been held by a Democrat for conditions. Yes, some tort reform thing the likes of which I have never literally generations, and that hap- would be nice. Is there anything you seen before in my short tenure here in pened because the appearance of pass- can do about the cost of health care in Congress. Between Thanksgiving and ing this bill before Christmas Eve ap- this country? But don’t take away Christmas, the Senate wrote and pro- peared so awkward, appeared so un- what is working for 60 to 65 to 68 per- duced and passed a health care bill. seemly that it looked as if people were cent of the American people. That was Now, both Senate committees, the Sen- buying votes for the bill. The American a message delivered loud and clear in ate Health, Education, Labor, and Pen- people pushed back, and even in Massa- the month of August and has been de- sions Committee and the Senate Fi- chusetts that was too much to take livered loud and clear in every poll nance Committee, had worked on dif- and Senator SCOTT BROWN was elected. that has been taken on the subject ferent bills through the course of the As a consequence of that, it was ap- since that time. year; but then they worked on an en- parently felt by leadership in the The system needed reform; the sys- tirely different bill between Thanks- House and the Senate that a conference tem did not need to be changed from giving and Christmas Eve and the ulti- committee was not a good idea and top to bottom. And yet over the next 8 mate passage of the bill. The bill, in- there would not be the support for this years that is exactly what we will see, terestingly enough, had a House num- bill on either the floor of the House or a system that none of us will recognize ber, it was H.R. 3590. It had a House the Senate if they were to bring it back by the end of 2010, 2014, 2016, 2018—pick number because it was a bill the House requiring the 60-vote margin in the your point on the timeline. of Representatives had passed earlier Senate and of course a simple majority Currently in my State, the State of in the year. It wasn’t a health care bill in the House. Texas, Attorney General Greg Abbott when we passed it, but we did pass it on The Speaker of the House at one is pursuing a court case—and joined the floor of this House. It was a hous- point was asked could they just pick up with several other States to do so—to ing bill, not a health care bill; but that and pass the Senate bill in the House argue before the Supreme Court that bill was picked up over in the Senate, and get it down to the President for his the bill we passed is unconstitutional. amended so that all of the housing lan- signature. The statement then, right Proponents of the bill, people who guage was removed and the health care after the Massachusetts election, was think the bill was proper and is con- language was inserted. that the Speaker did not believe she stitutional, argue that under the com- But it wasn’t a question of let’s get had 100 votes on the floor of the House merce clause of the Constitution this the best possible health care policy and for the Senate bill. bill will be held to be constitutional by put it in this bill. It was more a ques- It was significant that the Senate the Supreme Court even though the tion of what will it take to get your bill had a House bill number. It was concept of universal health care is dis- vote and we will put that in the bill. significant that the Senate bill, al- cussed nowhere in the Constitution. That process was so unseemly. The last though now it was a health care bill, The problem with the commerce part of December people were engaged had passed the House previously be- clause is that we are now, for the first even though they were concerned about cause under the rules of Congress if time, requiring a citizen of the United the goings-on in their lives for the holi- that bill would come back to the House States, merely as a condition of being days and the end of the year activities, of Representatives with the question a citizen of the United States, to buy a but they were also concerned about the asked, Will the House now agree to the good, service or product that they may appearance of votes being bought and amendment made in the Senate on not want, need, or feel they are able to sold and people actually coming to a H.R. 3590, and if that answer was ‘‘yes’’ afford. This is the first time the com- conclusion to vote ‘‘yes’’ for the bill by a simple majority, then the bill is merce clause has been invoked to pro- because they had gotten some special passed and it goes down to the White tect the commerce that was essentially deal contained within the bill. That House for signature. Well, ultimately coerced by the Congress. So the attor- process was so flawed that even though that is exactly what happened. neys general of several States are now the Senate achieved that 60-vote mar- During the remainder of the month pushing that case and are going to gin on Christmas Eve, the ill will ex- of January, all of the month of Feb- argue that before the Supreme Court. hibited by the American people contin- ruary, and much of the month of One of the shortcomings of the Sen- ued for weeks after that. March, the same process occurred over ate bill, one of the things that wasn’t

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.061 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2829 properly thought through, was the pro- popular as people dig into it and look those numbers are—someone is going vision of what is called a severability into the provisions of the bill. to write something down—but the clause in the bill. We actually had a One of the other things that is work- White House would have us believe severability clause in the House bill ing against the concept of this bill was that, no, there has been nothing writ- that was passed in November, but no the absolutely poisonous process that ten down. such severability clause was included led to its passage and its signing. Back Is it significant? I submit that it is. in the Senate bill. Perhaps in their in May or June of last year, six stake- There were several points that came up haste, just to get something done be- holders met down at the White House during the debate of the bill, both in fore that snowstorm on Christmas Eve, to talk about health care reform. Now, the House and in the Senate, where an they simply forgot about it. there is nothing wrong with that. That amendment would be offered and where What a severability clause would do is perfectly proper that perhaps the the discussion then would suddenly end is, Congress recognizes that from time people who represent the doctors, the with, Well, that wasn’t part of the deal. to time we will overstep our bounds in hospitals, the drug manufacturers, the In December, Senator MCCAIN had an the eyes of the courts and the court device manufacturers, America’s amendment over in the Senate about might strike down a provision in the health insurance, and representatives drug reimportation. I don’t agree with bill, but the severability clause allows from the Service Employees Inter- drug reimportation. I actually think the rest of the bill to stay and be en- national Union met down at the White that is a bad idea, but I do think Sen- forced. Without a severability clause, House to talk about health care re- ator MCCAIN should have had the abil- this is now up to the discretion of the form. ity to submit his amendment, to de- court. The court could, if it agreed that In a very well publicized photo op bate his amendment and to have it pass the commerce clause could not be in- that occurred after those meetings, the or fail on the merits of the amendment. voked to pass this bill, strike down the President came out before the cameras In no way should he have not been al- entire bill, or they might use the dis- and said that he had agreement from lowed to offer that amendment because cretion of the court to only strike the six parties that were in those meet- of a secret deal that was made down at down a portion of the bill that they ings that they would save $2 trillion the White House with the drug manu- deemed unconstitutional. That drama over the next 10 years in the delivery of facturers, but that is exactly what hap- has yet to play out, and likely it will health care. Well, I simply asked for pened. He was stopped from offering during the summer months or fall and the notes of those meetings, the agree- the amendment by his committee we will have to see what occurs with ments that were agreed to in those chairman, who said, That’s not part of that. But I do support Attorney Gen- meetings so that we, as the legislative the deal that we have. eral Greg Abbott in Texas and many of body, could evaluate that as we were Another area is where the hospitals the other attorneys general across the working on the legislation, the actual were going to be taxed as part of the country who are actively pursuing this law or the bill that would become law pay-for within the bill. They said, course against this bill. here in the House of Representatives. Wait. That wasn’t part of our deal. What would repeal look like? Could I sent letters to the White House in Well, the deal may be fine, the deal Congress in fact repeal a bill that had September. I was rebuffed without any may be proper, but we as legislators passed and been signed into law by the sort of information. Ultimately, in De- should at least be privy to those deci- President? The answer is yes, and there cember, I filed what’s called a resolu- sions that were made down at the is actually precedent for that. In 1989, tion of inquiry with my committee, the White House. We should at least have some people will remember the name Committee on Energy and Commerce. the information about what was agreed Dan Rostenkowski. He was the chair- This resolution of inquiry was brought to and on whose behalf those agree- man of the Ways and Means Com- up before the committee on, interest- ments were made. We never got that mittee—a Democratic chairman from ingly, the same day that the President information, and to this day, I still the State of Illinois, coincidentally— delivered the State of the Union Ad- await some response from the White and passed the Catastrophic Health dress in January. House. Care Act. This was the Catastrophic Significantly, during the Presi- 1430 Health Care Act for senior citizens. b dential campaign, when he was a can- The bill was actually passed in a bipar- The resolution of inquiry was not didate, President Obama said, and I’m tisan fashion in both the House and the going to pass because, obviously, on a quoting here: ‘‘And that’s what I’ll do, Senate. It was thought that people party line, the Democrats are in bringing all parties together, not nego- wanted this, but in fact it’s one of the charge, and they can strike down al- tiating behind closed doors but bring- problems that you have when you get most anything they want. Yet the ing all parties together and broad- out in front of the American people and chairman of my committee consented casting those negotiations on C–SPAN give them things that they don’t nec- to allow me to request of the White so that the American people can see essarily want that actually cost them House six of the 11 things that we had what the choices are, because part of money. asked for in the resolution. He said what we have to do is enlist the Amer- What happened with the Catastrophic some of the information is right and ican people in this process.’’ Care Act was the pushback was so in- proper and should go to the gentleman I couldn’t agree more. Yes, you’ve tense and so immediate that when Con- from Texas should he request that in- got to enlist the American people when gress came back into session, they formation. So we re-requested the in- you’re doing something this broad and quickly decided that perhaps the world formation. this sweeping, but they never bothered could live without the Catastrophic Essentially, all we have received to do that. Yes, you do need to open Care Act and they repealed it. Now, from the White House are copies of those meetings up. C–SPAN can some- this bill was passed in the final months press releases and copies of Web pages times be a trifle boring when you of the Ronald Reagan administration; that were reproduced for us, but there watch us for too long at a time, but it’s it was signed by President Reagan. The has been nothing regarding anything important. It’s a window to the world repeal was signed by President George that was written down, nothing regard- that people have on the legislative Herbert Walker Bush. But the concept ing any arrangements that were made process. of repeal of a bad health care entitle- or any deals that were made; there has So, when the President made that ment law is one that certainly has been been nothing regarding any email ex- pledge no less than eight times during exercised within the lifetimes of many changes that occurred resulting in the the campaign, it struck a chord with of us who are serving in this body savings of $2 trillion. people; it resonated with people. If my today. Now, I will admit to sometimes being Representative is involved in those Since the passage of this bill in relatively naive, but it seems to me meetings, I’d like to see where he March, support across the country has that, if you’re going to agree to a $2 stands. The President would make this diminished, opposition has increased; trillion deal, someone, at least on the point: Does the Representative stand and, again, that is likely to continue as back of an envelope somewhere, is on the side of the drug companies or the bill will become more and more un- going to kind of keep a tally of what does he stand on the side of the people?

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.062 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2830 CONGRESSIONAL RECORD — HOUSE April 22, 2010 Does the Senator stand with the insur- born babies. They simply could not get sulting in almost $600 million in free ance companies or does he stand with liability insurance because their risk care to Texas patients since the pas- America’s patients? was too great. Their risk was too high. sage of that liability reform law in They are important concepts to They were leaving the State. The State 2003. Texas physicians have saved al- know. Unfortunately, we have not yet paid for their education in State-sup- most $600 million in liability insurance had the ability to know what those ported schools, the State supported premiums, which is a significant sav- deals were. them during their residency training, ings that has allowed more doctors to I’ve got to believe that this is such but the State could not offer them a stay in practice. an important point that people got this place to practice because they could The Texas law has been so successful when it was offered to them: Look, not afford liability premiums in the that I introduced legislation into Con- we’ll make it an open and transparent State. So, since that bill has passed, gress that was modeled after the Texas process. You can watch it on television 125 Texas counties have added at least law. It is H.R. 1468, the Medical Justice if you don’t get too bored, but it will be one high-risk specialist. Act. I offered this in the form of an your choice. You can watch it on tele- Again, Texas is a big State. It’s not amendment when we marked up our vision. I think people picked up on that hard to believe, especially in some of health care bill in the House Energy notion. Honestly, this is one of those the less populated areas out in West and Commerce Committee last sum- where, yeah, people can say things dur- Texas, that a person might live many, mer. It was rejected first on a techni- ing a campaign that they actually many miles from a physician, but since cality and then along a party-line vote. can’t deliver on after the election is the passage of this law, now 99.7 per- If we’re going to ask our doctors to over. That happens all the time. I un- cent of Texans live within 20 miles of a be our partners in this brave new world derstand that. But this is a ‘‘read my physician. That is a staggering success of health care we’ve constructed, the lips’’ moment. This is a ‘‘read my lips: story with the number of doctors who very least we can do is give them some no new taxes’’ moment. The President have moved into the State and who are stability in their practices. That stability would be in the form of some re- promised that all of these negotiations practicing. Yes, some are practicing in lief from the problems that they face would be up for purview, covered on C– urban areas, but many are practicing SPAN, that you would be able to with medical liability. in rural areas, in rural areas that pre- Another problem that is faced by our watch, and that you would be able to viously did not have emergency room Nation’s doctors, which is one of the make the decision as to whether this doctors and that previously did not reasons we are very likely to face a sig- process was a good one or a bad one. have obstetricians but that now do, nificant doctor shortage—and again, in Again, unfortunately, to date, that has and that is critical for access to care in spite of the fact that we passed a not happened. I do hope that the White the State of Texas. health insurance bill, if we do not have House does at some point get us that We’ve talked about this health care doctors to see those patients, then it is information. bill, and we’ve talked about access to not going to do much good that we Now, one of the things that I heard insurance, but really, when you need passed that bill. When passing this over and over again during the sum- health care, you’re not so much inter- sweeping health care reform bill, it mer, during the town halls, is that, ested in an insurance policy; you’re would have been the ideal time to talk really and truly, if you’re going to hold more interested in do you have a doc- about things like physician workforce prices down in the delivery of medical tor there to see you when you’re sick. and how we train doctors and how we care, you’re going to have to do some- There are 82 Texas counties that pay for that training, but we chose to thing in the realm of liability reform. have seen a net gain in emergency omit most of that thinking from this I understand this because, in my medicine physicians, including 43 medi- bill. home State of Texas, we, in fact, cally underserved counties and 29 coun- Another problem that we face on al- passed significant liability reform back ties that are partially medically under- most a recurring basis here in Congress in 2003, and that has made Texas now served. There are 33 rural counties that is the fact that Medicare, by formula, one of the more favored places to prac- have seen a net gain in ER doctors, in- ratchets down reimbursements to phy- tice medicine. There have been doctors cluding 26 counties that previously had sicians year over year over year. In who have fled other parts of the coun- none. There are 26 counties that pre- fact, this year, the number was to go try and who have moved to Texas. In viously did not have emergency room down over 20 percent. Last week, we fact, one of the bigger criticisms in doctors which now have emergency passed a very small bill that extended Texas right now is that it takes the room doctors in the State of Texas. that deadline to the end of May, so doc- Texas State Board of Medical Exam- Such has been the effect of medical li- tors got a little bit of a reprieve, and iners too long to process an application ability reform. patients got a little bit of continued because their backlog is so significant, In my field of obstetrics, Texas saw a access to their physicians. but it is a far cry from where we were net loss of 14 obstetricians in the 2 I will have to tell you, as a practicing in 2002 when we were, in fact, labeled as years preceding reform. And you might physician, that is a significant event one of the States in crisis in the med- say, Texas is a big State, and 14 is not when a major payor like Medicare ical liability crisis. that many; so, hey, you can deal with comes in and says, We’re going to be Now, during the 8 years since that that sort of loss. But since the State paying you 20 percent less next month bill passed as a State bill, Texas has li- passed the law, they’ve experienced a for the work that you do for us. It is a censed over 15,000 new physicians. It is net gain of 192 obstetricians, and 26 difficult problem to fix, it is an expen- important. Texas is a big State, and rural counties have added OB docs, in- sive problem to fix, but it is one that there are lots of open areas in Texas. cluding in 10 counties that previously just simply must be done, not just be- Since the passage of that law back in had none. I mean that’s a big deal. cause it’s the right thing for doctors, 2003, 125 Texas counties have added at When you have a family member in but because, if we do not have doctors least one high-risk specialist. That’s labor who is looking for a place to have who commit to staying in practice and like half of the counties in Texas, and her baby, it is important to have the taking care of our Medicare patients, there are 224 counties in Texas. That’s care there when you need it. then patient access is going to be a over half of the counties in Texas that There are 12 rural Texas counties critical problem. We will all stand up have added one high-risk specialist. My that have added an orthopedic surgeon, here and talk about how we want our home county of Denton County is one including in seven counties that pre- patients, our Medicare patients, to of those. Tarrant County, another viously had none. Again, that’s a sig- have only the best and quality care, county I represent, also is one of those. nificant fact, particularly in areas of but it’s very, very difficult to guar- We heard stories in 2002–2003, all over rural Texas where the drive might be antee them quality care when we can’t the State, of people who were closing quite long if you’re dealing with an in- even assure them of a doctor at the their medical practices—radiologists, jured loved one and are trying to find other end of the phone line when they perinatologists, doctors who take care orthopedic care. need one. of the sickest of the sick pregnant Charity care rendered by Texas hos- Now, in the health care bill that we moms with the sickest of the sick new- pitals has increased by 24 percent, re- passed, primary care physicians do get

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.063 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2831 a little bit of a boost in payments for in and year out, it has become so cum- committee, the Committee on Energy Medicaid, but that is short-lived, and bersome to find physicians who will and Commerce’s Subcommittee on there are still going to be significant take new Medicare patients that it has Oversight and Investigations, was disparities between payments of pri- become a critical access issue for our going to have a hearing on America’s mary care and specialty care. Medicare seniors. business that had released information and Medicaid rates for primary care Let me just talk briefly, because it is that they were going to change their services will increase for primary care important, one of the mistakes that earnings projections because of issues but only for a very short period of was made in the bill, one of the prob- that occurred after the passage of the time. We are very famous in Congress lems that emerged after the bill was health care bill. for doing this. We’ll say, We’re going to passed and signed, and most people in So you see here, and this actually take care of you. We’re going to actu- the country are not going to shed too should be a minus sign in front of all ally pay you what you think you’re many tears about this, but Members of these numbers, a company like AT&T worth for the next 18, 20 or 24 months. Congress actually lost their health in- was going to have to write down a bil- These things are called funding cliffs. surance after the passage of this bill. lion dollars in charges because of Sure enough, there is a big funding cliff Or actually the way it’s written, Mem- changes to their accounting that was in the health care bill that was passed, bers of Congress will now be required now going to occur as a result of our and doctors will face falling off that to buy their insurance through the in- passing the health care bill. Well, when funding cliff now in a little less than 2 surance exchange just as every other these companies released the press re- American will be required to do begin- years’ time. leases that they were restating pro- ning in the year 2014. The exchanges Fixing the Medicare payment for- jected earnings because of what the are not going to be set up until 2014, mula, fixing the so-called SGR for- health care bill had done, John Deere but Members of Congress, as of the mula, is going to be a tough lift. The was going to have write down $150 mil- signing of this bill, are required to buy House did pass a bill last fall. Unfortu- lion; 3M Company had to write down, their health insurance through the ex- again, that should be a negative $90 nately, it was a bill that had already change. been rejected by the Senate, so I’m not So we are now asked to buy insur- million. quite sure why we brought it up and ance in a nonexistent exchange, and When that occurred, the chairman of voted on it on the House side, but we that is going to make it difficult. Our my committee, Mr. WAXMAN, said, This did. It was a bad bill. It didn’t really staff do fall into the same category; so is not right. These companies are sim- fix the problem, but it was the only op- I am getting many questions from staff ply doing this to embarrass the Con- portunity to pass a Medicare fix, or an saying, Well, they’re still taking a gress and embarrass the President. SGR fix, or a doc fix, during the cal- health insurance premium out of my They need to come before our com- endar year 2009. So I voted in favor of paycheck, but am I really insured or mittee and be held accountable for why it even though the bill, itself, was a not? And there is some confusion and it they would release this type of infor- dreadful product. Surely, we can do a needs to be cleaned up. Again, most mation on a day that was otherwise a much better job. Americans are not going to shed too day of great national joy when the Now, I have an SGR reform bill, H.R. many tears about Members of Congress President was signing the health care 3693, Ensuring the Future Physician being confused about their health in- bill. Workforce Act, and I would encourage surance coverage. They’re going to say, Well, the companies responded that Members of Congress to look at that. Welcome to my world. But interest- they were simply performing under re- This is going to come back again and ingly enough, the people who wrote quirements like the Securities and Ex- again and again. We passed a short- this bill, and that would be committee change Commission. Their earnings term extension. We now have solidified staff, administration, staff from the were going to be affected by the pas- physician payment through the month White House, leadership staff, the peo- sage of this bill, and they were required of May, but beginning June 1 or 6 or ple who actually wrote this bill—and to restate earnings based upon that in- some date early in June, that 20 per- make no mistake about it. Certainly formation. And maybe they didn’t need cent funding cliff will still be out no Republican was involved in writing to release it on that particular day, but there, and we are going to have to take this bill. Most Democrats were not in- certainly that information needed to care of that. volved in writing this bill. In fact, I be made public. And, indeed, many of I rather suspect, this being an elec- will submit to you House Democrats these same companies had contacted tion year, we’re not going to do any- especially were excluded from this members of the committee staff and let thing large to fix this problem. We process. So who writes a bill like this? them know this in advance of actually should, but I do rather suspect that we Well, it is tenured and long-term com- releasing the information. will do something that punts it down mittee staff, leadership staff. Yes, the Now, interestingly enough, when it the road until after the next election. White House was out here big time came to light that the heads of these It’s a shame. It’s a shame, because while the bill was being hammered out companies stated, Well, we’re just sim- when we’re doing something as big as during the latter part of December and ply doing what you told us we had to this fundamental health care reform the first part of January. All of those do under the rules provided us by the that we did, it seems like this is ex- people who actually wrote the bill are Securities and Exchange Commission, actly the type of problem that you exempt from that. the committee decided to postpone in- would like to take care of. So there is one little simple fix-it definitely that hearing. Again, what do we hear from our bill, H.R. 4951, that would also require But it was troubling. It was troubling folks when we go home and talk to committee staff, leadership staff, mem- because here we have a rather signifi- them about health care? bers of the administration, political cant subcommittee in the United Well, I’ll tell you what, Congressman. appointees at the Federal agencies to States House of Representatives, a One of my biggest problems is trying to also be covered under the exchange the rather significant subcommittee that find a doctor who will take Medicare. same as Members of Congress. Now, can issue subpoenas if it wants. It does If seniors change locations, if they again, the problem is that we’re re- take testimony under oath. This is move from one town to the next, if quired to be covered under the ex- generally not an exercise that a com- they leave their towns when they re- change. The exchange is not up and pany CEO will look forward with great tire and move to be closer to their running until 2014; so it remains to be relish to come before our committee grandchildren, they are very likely seen how that will work out. But the and have to answer questions. And going to experience difficulty and irony of Congress voting itself out of some of us saw that as actually an in- delays in finding doctors who are tak- health insurance because they didn’t timidation tactic: Don’t you dare coming new Medicare patients. understand the bill that came over plain about what we have done with from the Senate on Christmas Eve is this health care bill or we can make b 1445 just simply too important to ignore. your life miserable if you do. Because of what we in the United One of the last things that I do want Health care costs are going to take a States Congress do to physicians year to cover this afternoon is yesterday my toll on United States profits, corporate

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.064 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2832 CONGRESSIONAL RECORD — HOUSE April 22, 2010 profits, according to estimates by a knows that the United States economy Suffice it to say, as we wrap this up, benefits consulting firm, Towers Wat- is too vibrant not to recover. There is I believe this health care bill to be a son. Medtronic, a medical device almost no way that the United States fiscal disaster. It is going to increase maker, warned that new taxes on its Congress or the White House, regard- the deficit. I don’t care what anyone products could result in about a thou- less of who occupies these chairs or else says. It’s $582 billion over the first sand workers being laid off. Their ac- who is down at the other end of Penn- 10 years, and likely as not, over the counting also estimated that there will sylvania Avenue—there is almost no second 10 years those numbers even be- be thousands of layoffs and consumer- way that the Congress or the White come more startling. You look at how related costs. House can keep the American economy the bill is constructed. You’ve got 10 If you came out against this bill, if indefinitely suppressed. But we can years of taxes paying for 6 years of ben- you dared to speak out against this really lengthen the pain, and that is efits. Is it any great surprise that the bill, the message was loud and clear to one of the things that we’re doing right next decade, which is 10 years of taxes corporate America: We’re going to call now. and 10 years of benefits, that that def- you in. We’re going to question you The uncertainty we have created icit is not likely to increase? under oath. We are likely to embarrass with health care costs, the uncertainty We also have a problem that the bill you in a public forum. So don’t you we have created with energy costs, the double counts Social Security payroll dare complain. uncertainty that we are creating with tax revenues, a budgetary gimmick But one of the things that I have this financial services bill that is now that made the bottom-line number heard over and over from both large being argued over in the Senate, small look great. Again, remember the pa- and small business back home is this business, medium-sized business is rameters that we were working with? health care bill is going to have a pro- looking at what is going on in Wash- You have got to have the top number found, a significant, and a deleterious ington right now and saying, I may less than $1 trillion. You have got to effect on just simply conducting a busi- need help but I don’t think so. I will ei- have the coverage number over 30 mil- ness. More than one small business in ther pay a little overtime or just rach- lion people. Move those points around my community has come back to me et back some of the expansion I was on a chessboard however you want, but and said, As I run the numbers, as I doing. Yet every person who runs for those are the parameters with which look at what happens to me through office, and you can take this to the you have to work. So if you double the year 2014 and the requirements bank, is at some point going to stand count income from Social Security that will be upon me, it is very likely up on a stump or a chair and give a payroll taxes, if you double count the that my bottom line will go negative speech to a chamber or rotary club money from the Medicare cuts, of and stay negative as far as I can see back home and say small business is course your bottom line is going to unless I don’t expand or I don’t hire. In the engine that drives our economy. look better. fact, the succinct message that the And that’s exactly true. We also did something in this bill United States Congress has sent to If I have one small business at home that’s called the CLASS Act. Most peo- small and medium-sized business that might be looking at picking up ple are not aware of it. It’s thought of across the country in every State of one or two additional people but says, as a long-term care supplemental in- the Union is don’t hire right now. Right now is not the time and I am not surance, but the reality is it’s a Three- Don’t hire right now until you know going to do that, okay, that’s only one card Monte. For a $50-a-month cost, a what is going to be required of you, Mr. or two jobs. Could that have a profound beneficiary may receive $50 a day in ad- or Mrs. Employer. We are likely going effect on the larger economy? You bet. ditional long-term care costs for a to change the way your business works, You bet. When you take that one or long-term care hospital. Well, most of again, in a very profound and signifi- two job growth that’s not occurring in us know that $50 a day is not going to cant way. that business and extrapolate it across cover your stay in a long-term care Now, I also sit on the Joint Economic the broader economy for businesses of hospital. Most of us know that the Committee, which is a House and Sen- that size, that has a significant, a sig- numbers on that equation really don’t ate committee. The first Friday morn- nificant deleterious effect on the work out. But what happens is since ing of every month, whether we’re vot- growth of jobs and the economy. And you have so many people just joining ing on the floor of the House or not, we yet it is the unemployment numbers the program at the front end, during need to be in town to receive a report that are really the depressive part of the first years you actually run a sur- from the Department of Labor. And what is happening in the economy plus, but then you get to the outyears that report is the employment report right now. Yes, Wall Street might look and you run a significant deficit. for the preceding month. It comes out a great deal better than it did last The CLASS Act was literally a finan- the first Friday of every month. Usu- year. Maybe some other numbers, the cial manipulation that was introduced ally those numbers are released at gross domestic output, may look better at the last minute, not to provide peo- about 8:30 in the morning, and our than it did last year. But the numbers ple long-term care insurance. If we committee convenes at 9:00 or 9:30 to of unemployed, the numbers of long- really wanted to do something with hear from the head of the Department term unemployed, the numbers of long-term care insurance, we’d make it of Labor as to what the employment young people unemployed, the numbers tax deductible. We’d make it a tax statistics look like. of minorities unemployed, those num- credit. We would make it so you could I joined that committee in January bers are what people are having to deal pay for it out of your health savings of 2009. We have never had, never had with every day. That’s either them or account. If we really wanted to help in the 15 months that I have been in their friends and neighbors, and that’s people get long-term care insurance, the committee, a good news report. In what they see every day. And until we there are ways to do it. The CLASS fact, one of my constituents back home address the problems with employ- Act wasn’t it. What the CLASS Act said I’m bringing such bad luck to the ment, no one in this country is going was, was some fancy bookkeeping, committee, maybe I ought to consider to believe that we really have the ap- some manipulation of the books. Col- some other assignment. But the fact propriate handle on the economy or the lect a lot of premiums up front. You remains if we keep doing things in Con- economic direction of the country. don’t start paying benefits for several gress, in the House and the Senate, in Again, I believe the economy will re- years. So that will score as a savings, the legislative branch, if we keep doing cover in spite of the United States Con- score as a revenue raiser during the things that send a loud and clear mes- gress, in spite of the White House. It first 10 years of this budgetary cycle, sage to small business, medium-sized almost always does. But we can cer- but in the outyears it does nothing but business don’t hire right now, we’re not tainly make that recovery much more explode the budget. going to see the type of employment difficult and much more painful and Again, in my home State of Texas, recovery that we all feel that the econ- perhaps suppress it longer than it it’s estimated that this bill is going to omy is capable of. would be otherwise suppressed by our cost the State of Texas almost $25 bil- Look, whether you believe in bail- activities here in the House of Rep- lion in additional funding for Medicaid, outs or stimulus or not, everyone resentatives. and additionally there are going to be

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.065 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2833 cuts to the safety net hospitals, so- leeches will be taxed in your doctor’s that is a not-for-profit. These insur- called disproportionate share cuts. office. ance companies, if no company signs Employers with more than 50 em- b 1500 up to do this duty, that exercise is then ployees must pay a fine of up to $3,000 taken over by the Office of Personnel Other dates of significance in 2011, if employees receive tax credits to pur- Management. the drug makers face an annual fee of chase insurance. So that’s where a lot So a nonprofit insurance company $2.5 billion. Now, many people say, of the small and medium-sized business administered by the Office of Personnel wait a minute, the drug companies is really concerned and the arbitrary Management begins to look a lot like make too much money anyway so, placement of those numbers, why is it what was discussed last July and Au- yeah, hit them with a $2.5 billion 50 employees, why not 55? Why not 45? gust as the public option. It, in fact, charge beginning in 2011. Maybe they Simply because they had to pick a will be a de facto public option within should be paying a little bit more. number and start somewhere. a very short period of time. So those But think about it for a minute. That So if there’s a small business back who opposed the bill and said I couldn’t $2.5 billion, where is that going to home that has 48 employees, but support a bill that had a public option, come from in the pharmaceutical man- they’ve got so much work, as the econ- but now that the public option is out of ufacturing world? Is it going to come omy recovers, that maybe they’d be it, I’m okay, I can support the bill, from the CEOs’ salary? Is it going to fixing to add five jobs, they’re not guess what? They got a public option. come from the lobbyists’ salary? I going to do it. Let’s stay under 50 em- Let me just conclude by saying this think you know the answer to that. ployees. Our life will be a lot easier was not a bipartisan bill. The opposi- Those dollars are going to come from under this health care bill. At least tion to this bill was bipartisan. You increased costs to the end user, the pa- let’s wait. At least let’s wait until we had almost 40 Democrats and every Re- tient, you and me. see what’s going to happen. publican who said, we don’t want this In 2011 medical device manufacturers What’s up next? Well, let me say it bill. are going to be charged an additional again: I favor repeal of this bill. Rip it Interestingly enough, part of the fee. It goes up to $2 billion per year. out, root and branch, and get it gone, story that is yet to be told is the effect Again, that’s not going to be paid by and then come back and fix the things of this bill on what happens early in the CEO of one of these Boston compa- that people told us they wanted fix. November, later this year. In USA nies that is a medical device manufac- But what we are going to see next is Today, the little newspaper that comes turer. That money is going to be paid just down the street at the Department out nationally, earlier this week there by the patient who receives that of Health and Human Services; another was an article about the number of defibrillator or that artificial hip, that Federal agency called the Office of Per- physicians who have filed and are run- vein filter for preventing blood clots. sonnel Management, OPM; the Internal ning races for Congress. It will be un- Those are the people who are going to Revenue Service. They’re writing the precedented numbers. I think the ac- actually be paying that fee, not the rules and regulations that are going to tual number of doctors, Republican companies themselves. dictate how this legislation, how it doctors who have filed for congres- There’s a health insurance provider now turns into the rules and regula- sional races, is just a little over 30, 32. fee, $2 billion in 2011, and it goes up tions that govern what happens in your There are many more waiting in the from then. Again, that money is not doctor’s office or hospital and essen- wings. Some States have much later going to be taken from the CEOs’ sal- tially dictates what happens in your primaries. That number will likely go ary, from the private insurance compa- life when you intersect with the Amer- higher. nies in this country. Whether they are ican health care system. Not every doctor will win their pri- for profit or not for profit, that money This will take some time. This is not mary, unfortunately. Not every doctor is not coming out of the CEOs’ salary something that is going to occur over- will win their congressional race. But I or the lobbyist money. That money is night. Right now the hiring is in proc- think it’s safe to say that the next coming out of the ratepayers’ hide. ess, so, yeah, maybe the administra- Congress, the 112th Congress, when it There’s going to be a tax on wages tion can say we’re adding a bunch of convenes next January, is likely to that will increase to 2.35 percent. In new jobs over at the Department of have more physicians within that Con- 2013 there will be a new tax on un- Health and Human Services and IRS. gress than anytime in the previous earned income on dividends and inter- But most of us would just as soon that hundred years. est, almost 4 percent. those IRS agents weren’t hired because This bill has had a profound effect on In 2013 the excise tax of 2.9 percent is they generally are not there to make how Americans think about their imposed on the sale of medical devices. our lives go smoother and easier. health care and how they think about Now, these are class two and class Office of Personnel Management, their relationship with their govern- three medical devices in your doctor’s that’s an interesting phenomenon. ment. Is a government that is bigger office or hospital. So class one devices Many people will recall that when the better for the individual or worse? like Band-Aids, tongue depressors, Senate passed their health care bill, Many people are now having that in- those won’t be taxed. But class two de- Senator LIEBERMAN said, I won’t vote ternal discussion or that discussion vices, and what are some examples of for a health care bill that has a public around the dinner table that never class two devices, syringe and needle, option within it. And yet we have a bill would have thought about that in years those are going to be taxed in your doc- that, in fact, does have a public option. past. But now it has become an impor- tor’s office. And it’s not called a public option tant issue. Now, in your doctor’s office they straight up, but it is a public option, This next November will be a seminal can’t charge you that 2.9 percent tax sure enough. time in American politics and Amer- that they have to pay on the tax on States are required to set up State ican governance going forward. It will that syringe because that’s a contrac- exchanges. People will be required to dictate whether this bill continues to tual amount between the insurance buy their insurance in the exchange. exist and exert control over the peo- company, the patient, and the doctor. Some people will have those costs sub- ple’s lives, continues to take money That’s very difficult for a doctor’s of- sidized; some will not. out of the lives of productive citizens, fice to pass that charge along, so actu- Well, what if a State does not set up or whether this bill is turned back, and ally doctors are going to bear the brunt an exchange? Can the Federal Govern- then the Congress gets down to the se- of that. Hospitals too are likely to bear ment force it to set up an exchange? rious work of correcting the problems the brunt of that. Since their arrange- And the answer is no. The Federal Gov- that people told us they wanted us to ments are contractual with insurance ernment will set up a national ex- correct and we ignored them consist- companies, they’re unlikely to be able change for those States where no State ently through the fall and through the to pass that cost along. exchange exists. Within that national winter. Other types of medical devices, type exchange, under the law, it is required I think it says something that the two devices—interestingly enough, I’d that there be one insurance company opinion of Congress right now are in like to say everything from lasers to that is a for-profit company and one the low double digits. Any doctor who’s

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.066 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2834 CONGRESSIONAL RECORD — HOUSE April 22, 2010 willing to run for Congress, and I can I do support the Constitution, lib- But I couldn’t get through because tell you this from some personal expe- erty, freedom, fiscal responsibility, the switchboard was jammed, at least rience, doctors actually enjoy a fairly limited government, and I support the the last 3 days here in the House. While high approval rating. It’s in the high people that have been coming here to you had Members that couldn’t even be seventies. You come to Congress, it petition the government for redress of heard, their constituents could not call goes into the low teens. grievances. That’s a constitutional them. They couldn’t get through to It is a significant step to run for Con- right that we all have. And I’ve seen send them a fax. Yes, they could send gress for physicians. And yet doctors tens of thousands come here to say, an email, presumably. And we don’t across the country are willing to give don’t take away my freedom, don’t know whether those emails went on an up their peace of mind and their liveli- take away my liberty. Let me have the automatic dump or whether there was hood to come to the aid of their coun- right to manage the health care of my an answer. Only their constituents can try in its hour of need. own body, for example. know that. f And the people across this country We know that there was a difficulty that have said over and over again that verifying if the Senate, during their pe- BIG GOVERNMENT AND THE WILL the fiscal irresponsibility with the OF THE AMERICAN PEOPLE riod of time that this was an important profligate spending that’s been going issue, up till Christmas Eve, if in the The SPEAKER pro tempore (Mr. on for the last 3 years-plus in this Con- Senate actually Members were answer- DRIEHAUS). Under the Speaker’s an- gress is more than they can abide. ing their telephones. nounced policy of January 6, 2009, the And my town hall meetings on Tues- gentleman from Iowa (Mr. KING) is rec- day, or excuse me, on Monday of this b 1515 ognized for 60 minutes. week, one in Council Bluffs and one in But here they couldn’t get through to Mr. KING of Iowa. Mr. Speaker, I ap- Sioux City, we’re not jam-packed to call my office. I couldn’t call my own preciate being recognized to address the walls with people standing outside office from my cell phone. And my own you here on the floor of the House. And looking in the doorway, as they were staff that I had to communicate with I remind you, Mr. Speaker, that these during August of last year, when peo- around the Hill, we had to call on our deliberations here represent the most ple believed that they had a chance to own cell lines to each other’s cell deliberative body in the world. And put the brakes on what we now know phones. that’s the argument that we’ve made and the President refers himself to as That’s not such a particularly great for years. And even though it’s not as ObamaCare. That packed our town hall handicap, but on top of that, Mr. deliberative as it was before Speaker meetings in my district, all over my Speaker, the cell phones were jammed. PELOSI took the gavel, we still have district, all over the State of Iowa, all The signal was so jammed with so some discussion time down here. We over the United States of America, many calls that we couldn’t connect ei- still have Special Orders. We still have hundreds and hundreds of town hall ther by cell phone sometimes for hours. 60 minutes and alternating hours be- meetings with hundreds of thousands Now, that’s an awful lot of rejection tween Democrats and Republicans of Americans that came in to express focusing itself on an issue here that when both sides do show up for those that they did not want the government America had had the opportunity to alternating hours. to take over the management of our debate since last July all the way into But tonight that’s not the case. This health care. nearly—well, nearly into April. That’s is the wrap-up and the finish of the And I have never seen an issue that what’s happened with ObamaCare. brought this much intensity and this week, Mr. Speaker. And many have And now, after the bill has passed— gone to the airport and caught a plane many people out. And still the leader- and I would remind you, Mr. Speaker, and gone home to their district or ship in this Congress was determined that if we would have had the bill go to wherever they might go. to shoehorn a bill through here. And the Senate for a vote and then to the But I don’t think enough has been that happened maybe 3 weeks ago or a House for a vote in order to qualify it said yet this week. It’s been a rel- little more, early in the wee hours of a to go to the President’s desk for signa- atively short week, and not a particu- Monday morning, just a little after ture that turns it into the law of the larly trying or testing week with any- midnight, as I recall. The final vote land, ObamaCare could not have passed thing that stands out here as signifi- was on a Sunday night. cant accomplishment. The Speaker could not have allowed this Congress on the day that it was But I’m watching still as policy the Members of Congress to go home, messaged to the President because the moves in America. And the policy that let alone for an Easter break period of votes didn’t exist in the United States has been shoehorned through this time, because she knew that if the Senate to support the bill. That was House of Representatives and become Democrats in this Congress went home voted by other people. the law of the land has caused the to listen to their constituents, that And the ones that the folks voted to American people to fill up my town their congressional offices would be represent themselves, Massachusetts in hall meetings. jammed full of people that said they particular, SCOTT BROWN was elected We were not here on Monday. We were there to petition their Members of by generally the liberal people in Mas- didn’t gavel in until, well, we gaveled Congress for redress of the grievance of sachusetts to block ObamaCare. And in on Tuesday, and the first votes were a government takeover of health care. there he was following through on his sometime about 6:30 on Tuesday And they would have filled the streets word to do that, except it was cir- evening, so the work week is Tuesday by the tens and hundreds of thousands. cumvented. And they used a rescissions evening for two or three votes. We call They would have demonstrated at con- policy that had never been used in a it naming post offices. That was the gressional offices. They would have piece of policy like this before to en- level of the significant suspension cal- filled any town hall meetings. There able that to happen. And on top of endar. And then we had some debate on would have been an outpouring of re- that, a promise from the President of Wednesday and some committee activ- jection of that policy like this country the United States that he would sign ity. And today is Thursday. It’s been has never seen. an executive order that he would have low key. Last votes took place maybe 2 And so the Speaker kept her own liked to have had the pro-life people in hours ago, something like that. So our Democrat Members here on the Hill America believe that the President of work week is all day Wednesday, fin- and insulated from their own constitu- the United States can sign an execu- ishing the night on Tuesday and the ents, even to the extent that, as the tive order that would amend a bill that early part of the day on Thursday and phone lines either jammed or they were the Congress had just passed. That’s then going, a lot of people going home, shut down, I don’t know which, but the the executive order that deals with the Mr. Speaker. last 3 days I couldn’t call my own of- Stupak amendment, which was de- That’s okay with me because I don’t fice. And I know that there weren’t signed to shut off Federal funding for support the agenda that’s being driven that many people calling my office. abortion that might be enabled by here out of the Speaker’s Office. I don’t They were busy calling the offices of ObamaCare. support the process that has been de- Democrats who were determined to Now, think about what this means. veloped. vote for ObamaCare. Here we have a Constitution that sets

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.068 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2835 up the structure. Article I, section 1 is now our Secretary of Agriculture, out of there. It leaves in the Louisiana says all legislative powers will be vest- Tom Vilsack, whom we had a good ex- purchase, it leaves in the Florida gator ed in a Congress of the United States change in the Ag Committee. I think it aid, it leaves in seven or eight other comprised of a House of Representa- was just yesterday. But in this issue we special deals that were cooked up in tives and a United States Senate. It disagreed. He believed that he could the Senate so that they could produce even prescribes that all spending will amend the code of Iowa by executive enough votes temporarily to push that start in the House, not in the Senate. order and sought to do so with that ex- bill through on Christmas Eve. And But this is an authorization bill, not an ecutive order. I believed that the legis- then of course we had the Massachu- appropriations bill. So ObamaCare lative powers are vested within the leg- setts election, which changed the dy- could have started in the Senate or in islative branch of government. And namics over there. the House. most of our State Constitutions, in- Here deal after deal was made. And Well, we got a Senate version that cluding Iowa’s, are modeled off of our one day I hope to hold hearings in the was taken up by the House. But the United States Constitution. United States Congress to find out Constitution establishes that all legis- And so our State legislators across what actually went on behind those lative powers are vested here in the the land will take an oath to uphold closed doors. And I believe the Amer- House or in the Senate, but House and the Constitution of the United States ican people have a right to learn what Senate collectively. We are the legisla- and the Constitution of the State of, went on behind those closed doors. I tive branch of government. And the fill-in-the-blank. For me it’s Iowa. want to hold hearings and investiga- President of the United States, who That oath is an oath that you can only tions and bring people under oath and wrote the book ‘‘The Audacity of take to uphold the Constitution as it stand them up and let them take that Hope’’ had the audacity to offer to reads, as you understand it, as it was oath and then testify before a congres- BART STUPAK that he would sign an ex- understood to mean at the time of the sional hearing, What were you offered ecutive order that would effectively ratification of the Constitution itself, by Rahm Emanuel? What were you of- amend BART STUPAK’s pro-life language or the subsequent amendments. There fered by the President of the United into the legislation that was here on isn’t any other alternative. States? the floor of the House at the time mes- None of us can take an oath to up- If you’re AARP and your job is to saged from the Senate. hold a Constitution as it might be represent the senior citizens that are Now imagine, a man that taught con- amended by, what, the President’s ex- your members, I want those represent- stitutional law as an adjunct professor ecutive order? Or even a decision of the atives of AARP to come in and tell us, at the University of Chicago would be- United States Supreme Court? Now, I was the offer that you can sell insur- lieve as President of the United States put that list at 10 now, as the 10 last ance to the AARP members so good that his executive order can effectively people that should be allowed to amend and so high that you decided to sell out amend legislation that is presumably the Constitution of the United States. your own members? What was it that the majority opinion of the elected That should be the nine Supreme Court the SEIU got? What was it that Big Members of the United States Con- Justices and the President of the Pharma got? What happened to the $165 gress. If the President can amend legisla- United States. Those 10 are the last million that they promised that they tion by executive order, then can’t the people on the planet that should be en- would commit in an ad campaign in President also just write the legisla- gaged in seeking to amend the Con- order to sell ObamaCare to America so tion by executive order and do what he stitution. that Big Pharma could have a larger The Constitution sets up a frame- will without having to consult Con- market that was mandated by the Fed- work for us to amend it when we don’t gress? That would be a two branches of eral Government? What were the deals like the results. We are required to ad- government instead of a three branches that were made? We need to know that. here to it and live by it. And for a If we can drag CEOs of private Amer- of government. Maybe the President would argue that there is something President of the United States to sign ican corporations before the United that Congress can do that he can’t, like an executive order that’s got compa- States Congress, and if HENRY WAXMAN appropriate money, for example. Well, nies that deal, that supposedly buys a can threaten to—actually, yesterday that would be a very narrow role, and dozen votes to support ObamaCare here was the day he was going to do that that would be turning his back on the and the President would exchange an and he cancelled it. I think he thought constitutional responsibility that is executive order that was designed to better of it. But if HENRY WAXMAN, the vested in the United States Congress. assure those Stupak dozen that there chair of Energy and Commerce, can And we should always reject the idea wouldn’t be Federal funding of abor- bring CEOs before the United States that a President can sign an executive tion because his executive order would Congress and allege that they’re mak- order that has an effect on changing alter the language and the meaning of ing too much money, or he wants to the legislation that the Congress has the bill. The smallest and tiniest of fig see into their books and their records, passed. leafs was offered to Congressman STU- or if ED MARKEY, the subcommittee In fact, I may be the number one PAK. That executive order no one takes chairman, can hand a letter to David most authoritative voice in the United seriously today. It was simply a tool of Sokol that is an intimidating letter be- States Congress on this subject matter utility to put the votes together to cause the president of Mid-American because, I would point out, Mr. Speak- force this ObamaCare off the floor of Energy, who testified against cap-ander, that on a State level when I was in the House and send it to the President tax, can be intimidated with the threat the State legislature as a State sen- for his signature, which he did. And of the chairman of an important En- ator, we had then our Governor, Tom now ObamaCare is the law of the land. ergy and Commerce subcommittee at Vilsack, filed an executive order. He I was, I believe, Mr. Speaker, the last the request of that chairman to inves- was a fresh governor of maybe a little Member of Congress to leave the House tigate the company that he represents. bit fresher than the President has been of Representatives and leave the Cap- Witness intimidation, plain and simple, during this period of time. I think it itol that night. It took me perhaps an straight up front. It’s documented. It’s was in the first couple, 3 months of his hour to wind myself down and come to in public documents now. Along with office, Governor Vilsack signed an ex- a point where I thought I could leave the other activities that have to do ecutive order known as executive order this place where such a cataclysmic of- with the President of the United States number seven. I looked at it and con- fense to our Constitution, our budget, now nearly a year ago firing the CEO of cluded that he had violated the separa- our freedom, and our liberty had taken General Motors. tion of powers and legislated by execu- place in such a shameful fashion. The Just simply summarily fired the CEO tive order. And when I raised an objec- shameful fashion includes the antics in of General Motors. Didn’t try to take tion, of course it was refused and de- the United States Senate, where they his fingerprints off. Didn’t imply that nied. The executive office didn’t want cut deal after deal after deal, including it was a decision that came about some to respond to a legislative office. the Cornhusker kickback. Yes, and I other way. Didn’t try to hide it. He And so I went to court, and we filed know there was a successful effort proudly accepted, some will call it the case of King v. Vilsack. Now, this made to peel the Cornhusker kickback credit, I will call it blame for reaching

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.069 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2836 CONGRESSIONAL RECORD — HOUSE April 22, 2010 across the line between the public and the approval or the active involvement buy some gas, they’d put it on your the private sector and firing the CEO of of President Barack Obama. AIG the tab. You’d come around and pay the General Motors and deciding who insurance company taken over and bill at a later date. They’d want to would be the new CEO of General Mo- bailed out, $180 billion. President look that one over. tors. He sent his car czar to make some Obama approved or enacted that. The If you go in—and someone mentioned of those deals. The President of the takeover of Fannie Mae and Freddie this, and I thought it was a pretty de- United States replaced and named all Mac that the chairman of the Finan- scriptive way. If you go into a fur- but two of the board members of Gen- cial Services Committee pledged he niture store and they have a special on eral Motors. And he wasn’t quite as en- would never vote to support or bail mattresses and so you can buy the gaged in Chrysler, but those same ac- out. And I remember the date that I mattress and come pay for it 30 days tivities took place. heard that the first time and the most later, nothing down, that’s a credit And the White House, and when it’s clearly was October 26, 2005, right over transaction the Federal Government the White House it’s the President of there from that microphone, when would look in on and have to approve. the United States, Mr. Speaker, dic- BARNEY FRANK said, ‘‘I won’t vote to It would give them the ability to tated to the bankruptcy court exactly bail out Fannie Mae and Freddie Mac. look in on your credit card, Mr. Speak- the terms that emerged from the bank- And if you think so and you’re invest- er. Not necessarily take it out of your ruptcy court, General Motors and ing in them, don’t count on me doing pocket, but electronically look in on Chrysler. That situation is appalling that.’’ those credit records. And that would and breathtaking when you think of Well, we might not have had the give the Federal Government the au- the nationalization that has taken starkest and clearest and cleanest of thority to examine everybody’s trans- place. votes, but we have had a persistent and actions. All of your credit card trans- And Mr. Speaker, when you look at a relentless defense of Fannie Mae and actions, all of your debit card trans- the beginning of this is at the end of Freddie Mac’s irresponsible financial actions. Presumably, if you have credit the Bush administration, Henry practices going through many years involved with your bank accounts, to Paulson, Secretary of the Treasury, prior to 2005. But I stood here on this look at those loans in the bank ac- came here to the Capitol, September floor and engaged in that process. And counts. Maybe technically not your 19, 2008, and asked for $700 billion in the amendments that came to put cap- checking account because that’s not a bailout money that he would deal out ital requirements and regulatory re- credit account. the way he saw fit in an attempt to quirements on Fannie Mae and Freddie But a Federal Government going that stop what he believed was a potential Mac were shot down and voted down far and that deep and having that kind or maybe even an impending meltdown and fought against. The most aggres- of authority, let alone looking into all of the world’s credit. He thought it sive opposition came directly from the of the Wall Street transactions that could have all come crashing down. He Democrats, who were in the minority take place—the investment banking couldn’t guarantee there would be a at the time. But Fannie and Freddie transactions, the derivatives, the cred- fix, but he said if you try to give me had worked the lobby and had a broad- it default swaps—all of the components any new ideas they won’t be as good as er bipartisan support than they might that come along that have to do with his own. have otherwise had. higher finance, the mortgage trans- So he ended up with $350 billion in So three large investment banks na- actions that take place and to track the beginning of this, in about October tionalized, AIG nationalized, Fannie them all the way through. And some of of 2008, and then another $350 billion Mae, Freddie Mac nationalized. And this is good. Looking at high finance that was approved by a Congress that now, Mr. Speaker, I say you and the and being able to track that and being was elected later and by a President American people share the liability of able to identify is primarily a good who was elected later. And that was $5.5 trillion in contingent liability of thing as long as that oppressive thumb President Barack Obama, who sup- Fannie and Freddie. And before I go to of the Federal Government doesn’t go ported and approved all of the TARP the car companies’ nationalization, I in the middle of our back down to indi- funding, all of the nationalization be- would remind you and all who may be viduals in this fashion, and as long as ginnings. And he followed through on overhearing this dialogue that of all of we don’t leave it to the discretionary the balance of that and the takeovers the financial reform that has Wall judgment of the Federal Government of three large investment banks: AIG, Street under the focus and under the on which businesses are too big to be the large insurance company to the spotlight and under the magnifying allowed to fail. tune of around $180 billion, Fannie glass, of all of the tactics that have If the Federal Government can come Mae, Freddie Mac, culminated by exec- been used, and the President going in and take over three large invest- utive order right before Christmas of back up to Wall Street to give his ment banks and AIG and Fannie Mae last year that hardly made the news. speech today, of all of that, the Presi- and Freddie Mac, and if we have a You know, if we just went in and dent didn’t mention Fannie Mae or President of the United States who looked what happened on late Friday Freddie Mac. There is nothing in the fi- seems to be following through on the night after the news cycle and the nancial reform bill that reforms playbook that is on the Web site of the press goes off to their golf game or Fannie Mae or Freddie Mac. Democratic Socialists of America— home to their family, we would find all DSAUSA.org, Mr. Speaker. I hope ev- kinds of, I mentioned earlier, cata- b 1530 erybody is paying attention to it, or clysmic things that have happened in What’s in the financial reform bill is you can Google ‘‘Democratic Socialists the United States on late Friday night. a $50 billion slush fund to let the ad- of America’’ and hit the button and I would like to go back and just ministration decide which businesses there will be a Web site. And that Web amend something here to the power in are too big to be allowed to fail and to site changes a little bit each time that Congress. Give me the right to veto go in and implement a government I speak about the DSAUSA.org. and put back in place anything that takeover of the private sector. And But on the Web site—I saved all of happened after, say, 2 o’clock on a Fri- what are the criteria? The judgment of those pages so you can run but you day before the press comes to work at the executive branch. Yes, there are can’t hide. Things never die in cyber- around 9 o’clock on a Monday morning. some guidelines, but not many con- space, Mr. Speaker. But on their Web Let me go back and fix those things straints. And it gives the Federal Gov- site is now or has been the language that happened. We would have a lot ernment the power and the authority that starts out with this. It says, We better country today that wouldn’t to look over every credit transaction in are socialists. We are not com- have reverted. But Friday night, this is America. Every credit transaction in munists—which doesn’t give me a lot when the President pulls those moves America. of comfort. There’s a marginal dif- because that is when there is the low- And so presumably that means that ference, and they tell you what the dif- est news cycle. So that’s what happens. if you’re in a small, little rural area, it ference is. Three large investment banks taken used to work this way: you go in and Communists want to nationalize ev- over by the Federal Government with maybe pick up some grocery items or erything. They want to own all real

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.070 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2837 property. They want to take over dermining the integrity of the legiti- reforming under the same managers, everybody’s house, all real estate, and mate ballot system here in the United same faces, and some of the same fund- they want to tell everybody where they States of America. They produced and ing streams. have to work, what they will pay for admitted to over 400,000 false or fraudu- I have raised the issue of how goods, and what they’ll be paid for the lent voter registration forms, and they ObamaCare was pushed through this work that they are told to do. That is argue that it didn’t result in a single Congress and how it takes over another more the pure form of communism. fraudulent vote—which is completely, I chunk of our private sector. I will sum- From each according to his ability, to think, a specious argument. Why would marize and add up: The three large in- each according to his need. you spend millions to produce false or vestment banks that were taken over Well, that also seems to fit the so- fraudulent voter registrations if you by the Federal Government; AIG, the cialists, doesn’t it, because they want didn’t think that was going to result in insurance company, taken over by the to do the wealth transfer. They want to some kind of favorable result for you in Federal Government; Fannie Mae and share the wealth. That’s what the the ballot box? Freddie Mac, taken over by the Federal President told Joe the Plumber. And I would point out, Mr. Speaker, Government; and now we have General Funny. That’s what is also the mission that even though there were major Motors and Chrysler taken over by the statement of ACORN: Share the problems with ACORN in Ohio, if that Federal Government; $700 billion in wealth. The exact language comes election would have been closer and we TARP spending at the beginning of right out of the mission statement of would have scrutinized it more closely, that; $787 billion in the stimulus pack- ACORN. And the SEIU linked in so we would have found out more about age at the tail end of that. And we have closely to ACORN that it’s just the what could have been happening in the all of 6 percent of the American popu- funding streams are a little bit dif- ballot box in places like Ohio and Min- lation that believes that the stimulus ferent but they are commingled, and nesota. When we go to court, who wins package actually worked and stimu- often they are trading shirts with each in the end in the close elections? lated jobs. other. Whether it’s a purple SEIU shirt And what if all of those false or Well, the data shows the exact oppo- or a red ACORN shirt, there are a few fraudulent voter registrations had been site. Unemployment went up, not more wearing the purple SEIU shirts kicked out at the beginning and no one down, while that was going on. The today than there are ACORN. had walked in? And that doesn’t mean promise was we wouldn’t see unem- By the way, at the risk of digressing, that the ones that were discovered ployment go over 8 percent under the Mr. Speaker, I would point out that were all of those that actually hap- stimulus package, but what really hap- even though ACORN announced that on pened. I have to believe that the voter pened is unemployment went to 10 per- April Fools’ Day they would be shut- registration list was significantly cor- cent. And it’s hanging in that zone, 9.7 ting down ACORN National, I carry rupted in all of the States where percent in unemployment. this acorn around in my pocket every ACORN was carrying out this practice The vision of borrowing money from day to remind me that they have not and has significantly corrupted voter the Chinese and the Saudis and pouring gone away. It actually may have been registration lists, and opens things up it in to projects here in America, ex- an April Fools joke on us that ACORN tending jobs for the public sector, cre- was going to shut down ACORN Na- for more and more corruption. And this United States of America, ating government jobs—and calling tional. They could have done that. creation of government jobs economic But now it’s the same people, the built upon the foundation of our Con- development, I don’t think we’ve ever same faces, the same boards of direc- stitution itself, that Constitution, one tors, a little mixing and matching, might think, is the framework for law, had a President that believed that in changing the names, changing the ti- and it’s what we have to preserve if the history of America until we get to tles. Funding streams have been we’re going to be a healthy and a via- here, this point in our history. I don’t even believe Franklin Delano shrunk significantly, thanks to Han- ble country. And I agree. Roosevelt, the great Keynesian econo- nah and James and the work that went But the very foundation underneath mist that he was, and he embraced on behind that. But the same structure the Constitution itself is legitimate John Maynard Keynes’ philosophy—not is in place. It’s the same people, the elections. And when elections are same problems. delegitimized by organizations like quite to the extent that Keynes would In fact, it reminds me of what hap- ACORN, and if the American people have liked to have had him do, but in pened after the wall went down on No- lose the confidence that we have legiti- a substantial way—didn’t believe that vember 9 of 1989, and it appeared to be mate elections, there the Constitution government jobs were a replacement the end of the cold war. The Soviet falls because the foundation for the for private sector jobs even though he Union thereafter imploded. A little Constitution itself is legitimate elec- created a lot of them. And we did a lot more than a year after that, the Soviet tions and the people’s confidence in of make-work projects across the coun- Union was wound down, and there were those legitimate elections as well. try, and the evidence of that is still out those who got together to celebrate the So ACORN went right at the very there. end of the cold war. It was worthy of component of America that is essen- But our President has said to us a lit- celebration. A 45-year cold war had tial. And that is not that we just have tle more than a year ago that he be- looked like it had come to an end, but clean, legitimate elections. We must do lieved that Franklin Delano Roosevelt it didn’t convince the communists that that if we’re going to uphold our Con- lost his nerve and that he should have they had lost it philosophically. stitution; but we also have to have the spent a lot more money in the thirties, They didn’t believe that our free en- American people that believe that and if he had done so, that would have terprise capitalism and the vigor that we’ve conducted ourselves in a legiti- brought about a recovery instead of comes from being an American was mate fashion, that their vote was not waiting for World War II to come along what had defeated them. They thought undermined by an illegitimate vote. to become and I quote—well, I better they just maybe needed better man- That’s the ACORN side of this. not quote that—but the general lan- agers that were more pure in their ide- ACORN, by the way, another place guage is that World War II came along; ology. And so even though they had to that I want to do investigations—the it was the greatest economic stimulus scatter from the light, they went back other side of the great election divide— plan ever. That’s close to a quote. I and reformed new alliances and new al- and hold hearings in this Congress and know I’ve got the philosophy exactly legiances, and they come back at us subpoena witnesses and go in and drill right. And I don’t actually disagree again and again and again, even more down and investigate them completely. with that statement about the stim- insidious and even harder to find and And I believe that many of those inves- ulus plan with what the Second World harder to identify. But philosophical tigative lines, when we follow the War happened to be. enemies of the liberty and freedom of money, will lead to the White House But I would argue that we didn’t re- the United States and western civiliza- itself, Mr. Speaker. cover from the Great Depression in the tion, they remained. So we have financial reform that’s up Second World War even. When the ACORN remains an entity out there in front of us. We have ACORN that has stock market crashed in October of that has spent millions of dollars un- dispersed itself to some degree but are 1929, and as it spiraled downwards and

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.073 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2838 CONGRESSIONAL RECORD — HOUSE April 22, 2010 it hiccuped its way up and down and we least at a minimum with the Dow ObamaCare, signed into law a couple went through that vast spending era of Jones Industrial Average didn’t get weeks ago or three, will be directed by the Great Depression, and we saw un- back to where it was until 1954, from the Federal Government. employment go up and then come back October of 1929. Franklin Delano Roo- And some people—let me say some down and go up again, and when we got sevelt had been dead for 9 years before people without the largest of minds— to World War II, December 7, 1941, we the stock market got back to where it are arguing that because we still have were still in the Depression. And unem- was when it crashed in 1929. This was a a surviving private sector health insur- ployment was a number that was ap- long, long, long painful recovery that ance industry, that the health care in proaching 20 percent for part of that America went through, and we went America hasn’t been nationalized. I time, and we had 25 percent unemploy- through not just the Great Depression would challenge them, Mr. Speaker, ment, I think, at the peak. of the thirties looking for a recovery, point to me—point for me to a sector And we got into the Second World but we went through the Second World or a component or an activity within War and we began to manufacture ev- War looking for a recovery, we went health care in America that is not slat- erything as fast as we could. A lot of through the Korean War looking for a ed to be changed, altered or directed by the women that had not worked before recovery, and finally limped our way ObamaCare. There isn’t a single health went to work. Rosy the Riveters. And back. insurance policy in America that the my mother among them who tied para- I will submit, Mr. Speaker, that a big President can tell anyone, You get to chute knots in Omaha is what she did reason for that is, when you over lever- keep that policy, that it isn’t going to every day. Tied knots in parachutes. age a country or a company, you have increase the premiums dramatically or That was part of her war efforts. And, to pay and service the debt. That perhaps reduce them marginally. God bless her, she turned 90 years old means that you have to pay the inter- That’s going to happen. The premiums yesterday. And I honor my mother est on the borrowed money. And by the change for everybody in America un- with all of the love that I have. She did way, that borrowed money came from less there’s somebody who happens to her part of the war effort, as my father Americans back then instead of the sit exactly on the dividing line. Young people will pay a lot more in premiums did his 21⁄2 years in the South Pacific. Chinese and the Saudis now. But you But the economy didn’t recover in have to service the interest on the because they’re a lower risk. We went the Second World War back to where it debt. The war bonds had to be paid off from a 7–1 community rating that’s out was. It wasn’t the Second World War as well. So that has to come out of the there now, which means that the most that was the complete recovery pack- tax revenue that’s coming in. The tax extreme cases—the lowest premium age that one would think the Presi- revenue that comes in comes from—not compared to the highest premium—are dent, according to his words, would be government—it comes from the private 7–1, which means that if we have a the recovery. sector. The private sector has to be young healthy person paying $100 a I would just look at what are the in- viable. It has to be vigorous. There has month on a similar policy, an older dexes. Some of the indexes would be to be profitability there in order to at- person that may not be completely what did the stock market look like tract more capital investment. Capital healthy could be paying $700 a month and when did it get back to where it investment necessarily increases—wise on a similar policy or even an identical was in October of 1929. One might think capital investment necessarily in- policy. Now this has been pulled back that Franklin Delano Roosevelt’s New creases our productivity. Increased to a 3–1 community rating which Deal and his Keynesian spending was productivity increases our gross do- means that now that—just say we’ve what brought us out of that. That’s mestic product, which allows us to buy got two people. They’re both insured. what my history people taught me. My sell, trade, make, gain, produce more The youth at $100 a month. The older teachers taught me that. goods, sell more goods, cash in at the person, say my age, who is a greater cash register more, whether it’s the risk, at $700 a month. That’s $800 be- b 1545 factory or the retail. And when that tween the two of us. Now when you go I went back and looked at the records happens, this private sector economic to a 3–1 community rating, that means and found out that wasn’t the case. We growth then pays its share of taxes. that there can’t be that much dis- still had high unemployment, and we And in the end, it’s the people in Amer- parity. So you dial that thing back still had low and stagnant growth and ica that pay the taxes, not the corpora- down. And you charge the young per- some reduction of growth in the thir- tions, not the businesses, and it cer- son then $200 a month and the older ties. tainly isn’t the government. person $600 a month. Now we’re dealing What we saw during World War II So what we have going on here now with $800 again. But the $800 comes $200 was that unemployment rates went is, the government is swallowed up from the young person at doubling way down because we needed everybody with those eight huge entities that I their premium and a reduction in the to do the work. We saw unemployment talked about. Three large investment older person at $700 down to $600. Now rates go to the lowest they’ve been in banks, AIG, Fannie Mae, Freddie Mac, you’ve got the $800 that comes together history, 1.2 percent. Now that’s almost General Motors and Chrysler, those for that monthly premium of the two unheard of today, but unemployment eight entities that are swallowed up by insured. That’s how that works. was 1.2 percent. It was 25 percent as a the Federal Government represent, ac- So health insurance premiums high ratcheted down to 15, 10, on down cording to an economics professor at change because they changed the rules to 1.2 percent near the end of World the University of Arizona as far back for everybody, and they’ll have to be War II. Still, still we did not recover as last August, one-third of the private approved by the Health Choices Admin- from the Great Depression from the sector activity in the United States istration czar or whomever that hap- 1929 stock market crash. It wasn’t swallowed up by those eight huge enti- pens to be who has that title, and what World War II. It wasn’t even the Ko- ties nationalized and taken over by the was the Senate version of the bill. That rean War. In fact, Franklin Delano Federal Government. And behind that part I didn’t commit to memory, Mr. Roosevelt had been dead for 9 years became what? ObamaCare swallowing up Speaker. Everybody’s health insurance fore the stock market, the Dow Jones another 18 percent of our economy. changes in America, and this govern- Industrial Average, came back to Now if you want to add 18 percent ment effectively cancels every policy where it was in October of 1929. That to—one-third is 33 percent, correct, Mr. subject to the approval of the new rules happened in 1954, Mr. Speaker. Speaker? Yes, I know. You’re nodding, that will be written that aren’t written So one can’t, I don’t think, legiti- and I appreciate your math is correct— yet. Nobody knows where they are. The mately argue that the World War II that’s 51 percent. So 33 percent and 18 health insurance underwriters are pull- stimulus plan even brought us out of percent adds up to 51 percent of our ing their hair out, trying to figure out it. We increased our production and private sector economy. This now what happens and how do they do busi- stabilized our economy and put people taken over and managed or dictated ness. The Federal Government’s dic- to work. The unemployment compo- the terms of its business contracts, tating completely every health insur- nent of this got a lot better, but the every bit of health care in America will ance policy in America. Can we find a growth and equities that had to do at be, according to this term of health care provider that doesn’t have

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.074 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2839 their way of doing business altered by distorts this to the tune of about $1.4 Mandate after mandate after man- this bill? Certainly the funding stream trillion that with an honest accounting date, when we only have a couple— that comes in is altered. There’s $500 would get added back into this three of those in law prior to billion cut in Medicare for our senior ObamaCare bill. ObamaCare—will come raining down citizens, $523.5 billion—over $500 billion So you take $1.4 trillion in costs that out of the Federal Government. And cut out of Medicare reimbursement are distorted, and you would subtract whenever there is a mandate, it makes rates. $132 billion from that, and you’re down an argument for four or five or six I represent the most senior congres- in the neighborhood of—let me get that more health care mandates, and every sional district in America. Iowa has number here right—subtract $132 bil- mandate increases the costs over the the highest percentage of its popu- lion from the $1.4 trillion. Now you are premium and takes away our liberty lation over the age of 85 of any of the down about $1.27 trillion in increased and takes away our freedom. States. We’re the oldest two or three costs. Now remember what the Presi- over the age of 65. There is good lon- dent said. I have to refresh you, Mr. b 1600 gevity there, I like that, and healthy Speaker, because I’m wondering if any All of these things that I have talked practices, presumably. But the district Democrats would actually be able to about pale in comparison to the part I represent, out of the 99 counties in pass this test. that knots up my innards more than Iowa, 10 of the 12 most senior counties A couple little questions about his- any other, and that is this: since 1973, in Iowa. And I hear the President say tory: Why did we go into ObamaCare in the people generally on the left side of there’s waste, fraud and abuse in Medi- the first place? What was the argument the aisle in America have made the ar- care so we’re going to slash $500 billion from the beginning? What happened gument with regard to Roe v. Wade, out of there to pay for ObamaCare. And during the campaign that presumably Doe v. Bolton, and abortion in Amer- has the President pointed his finger to gave the President of the United States ica, the people on the other side of the a single bit of waste, fraud and abuse a mandate to impose ObamaCare on aisle have argued long and hard that that is in Medicare that he would fix? America? And I remember this discus- the Federal Government has no busi- The promise is that’s what he will do. sion, but I suspect that Madam Speak- ness telling a person what they can or But if he can’t identify it or won’t er PELOSI does not choose to remember can’t do with their body. That’s the ar- identify it, or if he’s holding the access this. Barack Obama—then Senator and gument. So they argue that the Fed- to that information hostage to the pas- candidate Obama said, We are spending eral Government can’t regulate nor di- sage of his ObamaCare bill—he’s got too much money on health care. We’ve minish nor make it more restrictive for the bill. He signed it. It’s now the law got to solve the problem of spending a woman who seeks an abortion to get of the land. too much money on health care. And so that abortion because it’s not our busi- Now it’s time for the President of the he argued that the solution for that ap- ness what a woman does with her body. United States to turn over all of those parently is to spend a lot more on That is their argument. Men and magic cards to show us, where is the health care. women made that argument. waste, fraud and abuse in Medicare? I Now that doesn’t pass the first little Over here on this side of the aisle, don’t say it doesn’t happen. I hear bit of third grade logic test. I could go over and over and over again they those cases, too. But what’s the solu- to my little granddaughter, who is now made that argument. Now the same tion to fix it? And do we really have to 5, had her first little loose tooth here people, Mr. Speaker, are making the pass a bill in order to have legitimate over the weekend, and say to her, If argument—and have made the argu- clean government? If there’s corrup- we’re spending too much money, does ment and the President has signed it tion, let’s go find it. Let’s go root it it solve the problem if we spend more into the law of the land—that the Fed- out, root and branch, pull it out, and money? And she would give me that eral Government has no business tell- let’s legitimize all of Medicare in the quizzical look like, How could you say ing a woman what she can or can’t do country. But we don’t need to be going something so irrational, Grampa? It’s with her body, but instead, now the in there and arguing that—if there’s not rational to argue that spending too same people are arguing that the Fed- $500 billion worth of waste, fraud and much money is solved by spending eral Government has every right to tell abuse, how do you arrive at that num- more money. But that’s the argument everybody in America what they can or ber if you haven’t found the waste, that came. It’s a matter of fact in pub- can’t do with their body. fraud and abuse yet? lic record. We’re spending too much The President of the United States, So now I’m going to tell you, seniors money. We have to solve that problem. with the iron fist of the leadership will be penalized or they won’t keep And lo and behold, ObamaCare spends a within the House and the Senate and their word, and we’ll be borrowing lot more money, and somehow they the complicity of a bare majority of more from the Chinese to fund still argue that they’re solving the the Members of the House, has imposed ObamaCare because—I’m going on problem of spending too much money. and nationalized our very bodies. The record here in the CONGRESSIONAL The second thing is that we have not most sovereign thing that we have is RECORD on this day, April 22, 2010, to enough competition in the insurance our own personal self, our skin and say that we will not see $500 billion in companies, not enough choices. We what is inside our skin; the manage- cuts in Medicare. They were never sin- have 1,300 health insurance companies ment of same has been taken over by cere about that. That’s only a number in America—or we did until a month the Federal Government. Now they tell that they needed to reach so they could ago when ObamaCare was signed into all of us, you shall buy a health insur- argue that ObamaCare doesn’t cost the law of the land. We have 1,300 ance policy; and if you can’t afford it, over $1 trillion over 10 years. Remem- health insurance companies, 100,000 we’re going to tax somebody else and ber the argument now became, CBO possible policy varieties, and the Presi- send you a refundable tax credit and scored this at $132 billion in savings dent wants another one to compete you, by golly, are going to pay for that over 10 years. That’s $13.2 billion per with. Now he didn’t get that. But he policy. year, the 10-year budget window that got the exchange, and the exchange And if you are working and making we’re talking about. That is not loose will decide who are the winners and enough money and you don’t have a change to American taxpayers. But to who are the losers, and they will write policy, if you happen to be working for the overall budget, it’s very marginal the mandates for every single policy in a business that has less than 50 em- as to whether it’s a savings or whether America. And let’s just say, if you ployees, then we are going to fine you it’s an increase in spending. But that don’t cover contraception, then there a percentage of your income. The IRS includes and is predicated upon the cut is going to be a requirement to cover is going to come in and do the audits, to the spending which is a punishment contraception; if you don’t cover first electronically and then person- to our seniors of $523.5 billion. It’s also Viagra, there’s going to be a require- ally, to impose that health insurance predicated upon a tax increase of $569.2 ment to cover Viagra; if your policy policy on you. And it won’t be the one billion, and it was predicated upon the doesn’t cover mental health, there will that you could buy last month. It will avoidance of the doctors’ fix which is be requirements to cover mental be the one that you can buy next year in the change of $360 billion. All of that health. or the year after, after they write the

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.075 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2840 CONGRESSIONAL RECORD — HOUSE April 22, 2010 new rules. The Federal Government’s to the right to life being the most para- to preserve the liberty that Americans nationalization of our bodies. mount right. These things are all had last month that they deserve every So they have nationalized eight huge taken away by ObamaCare: right to life month in the lives of our children and entities, a third of the private sector itself, because it puts people in line to grandchildren. activity, and another 18 percent of our take the health care that the Federal So with that, Mr. Speaker, I would economy, health care, and nationalized Government prescribes and it’s uncon- express my gratitude for your indul- and taken over the most sovereign stitutional in a lot of ways, at least gence and your attention, and espe- thing we have, our skin and what is in- four ways. cially that little nod of the head, and I side our skin, and taken away our abil- First, there is nothing there in the yield back the balance of my time. ity, as individual free people that exer- enumerated powers that grants this f cise the rights that come from God, Congress or the President of the United clearly identified by the Founding Fa- States to join together and impose a LEAVE OF ABSENCE thers and delineated in the Declaration product on us that is neither produced By unanimous consent, leave of ab- of Independence, which is the founda- nor approved by the Federal Govern- sence was granted to: tion for the Constitution, the sov- ment. Never in the history of this Ms. MCCOLLUM (at the request of Mr. ereignty of man, the right to life, lib- country has that ever happened. That HOYER) for today until noon on account erty, and the pursuit of happiness. is a constitutional violation. There is of official business. By the way, Mr. Speaker, I would nothing in the commerce clause that f point out that you and everyone in this allows such a broad definition that peo- SPECIAL ORDERS GRANTED Congress and those who aspire to come ple that would not engage in commerce to this Congress should know that the whatsoever would have to buy a prod- By unanimous consent, permission to Founding Fathers understood that uct produced or approved by the Fed- address the House, following the legis- those rights are prioritized rights—life, eral Government. It is a violation of lative program and any special orders liberty, the pursuit of happiness—not the equal protection clause for the rea- heretofore entered, was granted to: just a grab bag of rights that they sons that I have said, the Louisiana (The following Members (at the re- pulled out of the sky or randomly put Purchase, Florida Gator Aid, and the quest of Mr. DAVIS of Tennessee) to re- into a package, but set there in an list goes on. vise and extend their remarks and in- order of priority, a priority that the Some Americans are treated dif- clude extraneous material:) thing most paramount is our lives, the ferent than others in the bill. It is a Mr. DAVIS of Tennessee, for 5 min- management of our lives as well; and violation of the Ninth and 10th Amend- utes, today. that liberty, as a secondary right, is ments, the States’ rights component of Ms. SCHAKOWSKY, for 5 minutes, subordinate to the right to life. this as well. I encourage the 20 States today. The pursuit of happiness was not the attorneys general to go forward with Mr. ALTMIRE, for 5 minutes, today. pursuit of happiness as it is envisioned their lawsuits. I am working for a re- Mr. DAVIS of Illinois, for 5 minutes, in the minds of a lot of people today. peal of 100 percent of ObamaCare. Pull today. Pursuit of happiness, by the way, is it out root and branch; I don’t want Ms. WOOLSEY, for 5 minutes, today. subordinated to liberty and to life so one DNA vestige left behind. Let’s get Ms. KAPTUR, for 5 minutes, today. that no one in their pursuit of happi- it out. Let’s pull it out all the way, Mr. Mr. DEFAZIO, for 5 minutes, today. ness—and by the way, pursuit of happi- Speaker, so there is none of it left. And Mr. SABLAN, for 5 minutes, today. ness meant to our Founding Fathers then we can start putting components Ms. NORTON, for 5 minutes, today. more the Greek understanding, the in place as individual stand-alone bills (The following Members (at the re- word ‘‘eudaimonia,’’ which means pur- so the American people can clearly see quest of Mr. POE of Texas) to revise and suit of truth, pursuit of knowledge, that their voice is being heard in this extend their remarks and include ex- pursuit of perfection in both body and United States Congress. And we can do traneous material:) mind. That is what pursuit of happi- it, we must do it, and we can do it in Mr. MORAN of Kansas, for 5 minutes, ness was understood to mean when the a reasonable time frame. We can put a April 29. Declaration of Independence was discharge petition down here on the Mr. POE of Texas, for 5 minutes, April signed and they pledged their lives, floor now for signatures of these Mem- 29. their fortune, and their sacred honor. bers of Congress. Mr. JONES, for 5 minutes, April 29. The pursuit of happiness was the pur- The second thing we can do is seek to Mr. PAUL, for 5 minutes, today. suit of truth and purity. That pursuit get that vote on the floor. The Senate Mr. BURTON of Indiana, for 5 minutes, of happiness, though, is still subordi- is doing the same thing. And when we April 26, 27, 28, and 29. nate and cannot—in anyone’s pursuit have the other side of the election, we f of happiness can they infringe upon the can shut off funding for the implemen- SENATE BILL REFERRED liberty of another because our liberties tation of ObamaCare. We can do that. are established in the Bill of Rights, In 2011 and 2012 we can elect a new A bill of the Senate of the following for example, now—we understand them President who will sign the repeal on title was taken from the Speaker’s more clearly. his first order of business January 20, table and, under the rule, referred as And they are also enshrined in title 2013. And then we start the reform follows: VII of the Civil Rights Act: You shall process. S. 3244. An act to provide that Members of not discriminate against people based That is where we need to go, Mr. Congress shall not receive a cost of living ad- upon race, creed, color, ethnicity, now Speaker. And for those who think that justment in pay during fiscal year 2011; to and a lot of times it’s age and dis- it can’t be done, it can’t be accom- the Committee on House Administration; in ability. Those are real rights. They are plished, I have a survey on my Web site addition to the Committee on Oversight and that asks the question: Do you believe Government Reform for a period to be subse- the rights that are protected. And the quently determined by the Speaker, in each rights to freedom of speech, religion, that it’s more likely that ObamaCare case for consideration of such provisions as the press, the right to keep and bear will be repealed than the Cubs will win fall within the jurisdiction of the committee arms, the rights to property that come the World Series this year? And the concerned. in the Fifth Amendment, the right to last number I saw, 58 percent believed f be protected against double jeopardy, it is more likely we will repeal to be judged by a jury of our peers, all ObamaCare and 42 percent thought it ADJOURNMENT of them, those are all rights. These was more likely the Cubs would win Mr. KING of Iowa. Madam Speaker, I rights are our liberties. the World Series. They went to spring move that the House do now adjourn. Our liberties that are guaranteed to training; they’re playing ball. We are The motion was agreed to; accord- us cannot be taken over by someone going to play ball all the way to 2013 ingly (at 4 o’clock and 8 minutes p.m.), else in their pursuit of their happiness. and beyond. We are going to get this under its previous order, the House ad- They have to honor and respect that as job done, Mr. Speaker. One hundred journed until Monday, April 26, 2010, at our liberties are always subordinated percent repeal of ObamaCare it must be 12:30 p.m., for morning-hour debate.

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K22AP7.077 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE April 22, 2010 CONGRESSIONAL RECORD — HOUSE H2841 EXECUTIVE COMMUNICATIONS, mittee on Transportation and Infrastruc- 2009-0953; Directorate Identifier 2009-SW-45- ETC. ture. AD; Amendment 39-16230; AD 2010-06-06] (RIN: 7151. A letter from the Paralegal Spe- 2120-AA64) received March 25, 2010, pursuant Under clause 2 of Rule XIV, executive cialist, Department of Transportation, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on communications were taken from the mitting the Department’s final rule — Estab- Transportation and Infrastructure. Speaker’s table and referred as follows: lishment of Class E Airspace; Shaktoolik, 7160. A letter from the Paralegal Spe- 7142. A letter from the Assistant Secretary AK [Docket No.: FAA-2009-0142; Airspace cialist, Department of Transportation, trans- of the Army, Acquisition, Logistics and Docket No. 09-AAL-2] received, March 25, mitting the Department’s final rule — Air- Technology, Department of the Army, trans- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the worthiness Directives; Thielert Aircraft En- mitting report of intent to enter into a con- Committee on Transportation and Infra- gines GmbH (TAE) Models TAE 125-02-99 and tract for technical engineering, logistical structure. TAE 125-01 Reciprocating Engines [Docket services and supplies, and component/air- 7152. A letter from the Paralegal Spe- No.: FAA-2009-0948; Directorate Identifier frame materials in support of depot mainte- cialist, Department of Transportation, trans- 2009-NE-30-AD; Amendment 39-16236; AD 2010- nance programs; to the Committee on Armed mitting the Department’s final rule — Revi- 06-12] (RIN: 2120-AA64) received March 25, Services. sion of Class E Airspace; Scammon Bay, AK 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7143. A letter from the Assistant Secretary, [Docket No.: FAA-2009-1038; Airspace Docket Committee on Transportation and Infra- Legislative Affairs, Department of State, No. 09-AAL-19] received March 25, 2010, pur- structure. transmitting the Department’s determina- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 7161. A letter from the Paralegal Spe- tion and certification under Section mittee on Transportation and Infrastruc- cialist, Department of Transportation, trans- 490(b)(1)(A) of the Foreign Assistance Act of ture. mitting the Department’s final rule — Air- 7153. A letter from the Paralegal Spe- 1961 relating to the top five exporting and worthiness Directives; Eurocopter France cialist, Department of Transportation, trans- importing countries of pseudoephedrine and Model AS355E, AS355F, AS355F1, AS355F2, mitting the Department’s final rule — Revi- ephedrine; to the Committee on Foreign Af- and AS355N Helicopters [Docket No.: FAA- sion of Class E Airspace; Dillingham, AK fairs. 2009-1090; Directorate Identifier 2009-SW-31- [Docket No.: FAA-2009-1055; Airspace Docket 7144. A letter from the Chairman, Federal AD; Amendment 39-16227; AD 2010-06-03] (RIN: No. 09-AAL-16] received March 25, 2010, pur- Labor Relations Authority, transmitting the 2120-AA64) received March 25, 2010, pursuant suant to 5 U.S.C. 801(a)(1)(A); to the Com- Authority’s fiscal year 2009 annual report to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- prepared in accordance with Section 203 of Transportation and Infrastructure. ture. 7162. A letter from the Paralegal Spe- the Notification and Federal Employee Anti- 7154. A letter from the Paralegal Spe- discrimination and Retaliation Act of 2002 cialist, Department of Transportation, trans- cialist, Department of Transportation, transmitting the Department’s final rule — (No FEAR Act), Public Law 107-174; to the mitting the Department’s final rule — Committee on Oversight and Government Amendment of Using Agency for restricted Standard Instrument Approach Procedures, Areas R-3005A, R-3305B, R-3005C, R-3005D and Reform. and Takeoff Minimums and Obstacle Depar- 7145. A letter from the Secretary to the R-3005E; Fort Stewart, GA [Docket No.: ture Procedures; Miscellaneous Amendments FAA-2010-0201; Airspace Docket No. 10-ASO- Board, Railroad Retirement Board, transmit- [Docket No.: 30714; Amdt. No. 3364] received ting the Board’s annual report for FY 2009 19] (RIN: 2120-AA66) received March 25, 2010, March 25, 2010, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- prepared in accordance with Section 203 of 801(a)(1)(A); to the Committee on Transpor- the Notification and Federal Employee Anti- mittee on Transportation and Infrastruc- tation and Infrastructure. ture. discrimination and Retaliation Act of 2002 7155. A letter from the Paralegal Spe- (No FEAR Act), Public Law 107-174; to the 7163. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- cialist, Department of Transportation, trans- Committee on Oversight and Government mitting the Department’s final rule — Air- Reform. mitting the Department’s final rule — Ex- worthiness Directives; The Boeing Company tended Operations (ETOPS) of Multi-Engine 7146. A letter from the Assistant Attorney Model 737-100, -200, -200C, -300, -400, and -500 General, Department of Justice, transmit- Airplanes; Technical Amendment [Docket Series Airplanes [Docket No.: FAA-2009-0452; No.: FAA-2002-6717; Amendment No. 121-348] ting the Department’s report on the Paul Directorate Identifier 2007-NM-326-AD; Coverdell National Forensic Science Im- (RIN: 2120-AI03) received March 25, 2010, pur- Amendment 39-16223; AD 2010-05-13] (RIN: suant to 5 U.S.C. 801(a)(1)(A); to the Com- provement Grants Program, managed by the 2120-AA64) received March 25, 2010, pursuant Office of Justice Programs’ National Insti- mittee on Transportation and Infrastruc- to 5 U.S.C. 801(a)(1)(A); to the Committee on ture. tute of Justice, pursuant to Public Law 90- Transportation and Infrastructure. 351, section 2806(b); to the Committee on the 7164. A letter from the Chief, Publications 7156. A letter from the Paralegal Spe- and Regulations Branch, Internal Revenue Judiciary. cialist, Department of Transportation, trans- 7147. A letter from the Paralegal Spe- Service, transmitting the Service’s final rule mitting the Department’s final rule — Air- — Issuance of Opinion and Advisory Letters cialist, Department of Transportation, trans- worthiness Directives; International Aero mitting the Department’s final rule — and Opening of the EGTRRA Determination Engines (IAE) V2500-A1, V2522-A5, V2524-A5, Letter Program for Pre-Approved Defined Amendment of Class E Airspace; George- V2525-D5, V2527-A5, V2527E-A5, V2527M-A5, town, TX [Docket No.: FAA-2009-0934; Air- Benefit Plans (Announcement 2010-20) re- V2528-D5, V2530-A5, and V2533-A5 Turbofan ceived March 30, 2010, pursuant to 5 U.S.C. space Docket No. 09-ASW-29] received March Engines [Docket No.: FAA-2007-29060; Direc- 25, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Ways and torate Identifier 2007-NE-34-AD; Amendment Means. the Committee on Transportation and Infra- 39-16243; AD 2010-06-18] (RIN: 2120-AA64) re- structure. 7165. A letter from the Chief, Publications ceived March 25, 2010, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue 7148. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- cialist, Department of Transportation, trans- Service, transmitting the Service’s final rule tation and Infrastructure. — Distressed Asset Trust (DAT) Tax Shelters mitting the Department’s final rule — 7157. A letter from the Paralegal Spe- (LMSB4-0210-008) (UIL: 9300.50-00) received Amendment of Jet Routes and VOR Federal cialist, Department of Transportation, trans- April 5, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); Airways in the Vicinity of Gage, OK [Docket mitting the Department’s final rule — No.: FAA-2010-0004; Airspace Docket No. 09- to the Committee on Ways and Means. Standard Instrument Approach Procedures, 7166. A letter from the Chief, Publications ASW-32] (RIN: 2120-AA66) received March 25, and Takeoff Minimums and Obstacle Depar- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Regulations Unit, Internal Revenue ture Procedures; Miscellaneous Amendments Service, transmitting the Service’s final rule Committee on Transportation and Infra- [Docket No.: 30715; Amdt. No. 3365] received structure. — Taxation of fringe benefits (Rev. Rul. 2010- March 25, 2010, pursuant to 5 U.S.C. 10) received April 5, 2010, pursuant to 5 U.S.C. 7149. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- cialist, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Ways and tation and Infrastructure. Means. mitting the Department’s final rule — 7158. A letter from the Paralegal Spe- 7167. A letter from the Chief, Publications Amendment of VOR Federal Airway V-422 in cialist, Department of Transportation, trans- and Regulations Branch, Internal Revenue the Vicinity of Wolf Lake, IN [Docket No.: mitting the Department’s final rule — Air- Service, transmitting the Service’s final rule FAA-2010-0006; Airspace Docket No. 09-AGL- worthiness Directives; The Boeing Company — Industry Director Directive #3 Tier II 30] (RIN: 2120-AA66) received March 25, 2010, Model 767 Airplanes [Docket No.: FAA-2009- Issue Enhanced Oil Recovery Credit Status pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 0642; Directorate Identifier 2009-NM-001-AD; Changed to Monitoring [LMSB-04-0210-007] mittee on Transportation and Infrastruc- Amendment 39-16241; AD 2010-06-16] (RIN: received April 5, 2010, pursuant to 5 U.S.C. ture. 2120-AA64) received March 25, 2010, pursuant 801(a)(1)(A); to the Committee on Ways and 7150. A letter from the Paralegal Spe- to 5 U.S.C. 801(a)(1)(A); to the Committee on Means. cialist, Department of Transportation, trans- Transportation and Infrastructure. mitting the Department’s final rule — Estab- 7159. A letter from the Paralegal Spe- f lishment of Class E Airspace; Koyukuk, AK cialist, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS [Docket No.: FAA-2009-0692; Airspace Docket mitting the Department’s final rule — Air- No. 09-AAL-13] received March 25, 2010, pur- worthiness Directives; MD Helicopters, Inc. Under clause 2 of rule XII, public suant to 5 U.S.C. 801(a)(1)(A); to the Com- Model MD-900 Helicopters [Docket No.: FAA- bills and resolutions of the following

VerDate Nov 24 2008 01:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\L22AP7.000 H22APPT1 pwalker on DSK8KYBLC1PROD with HOUSE H2842 CONGRESSIONAL RECORD — HOUSE April 22, 2010 titles were introduced and severally re- its School Challenge Program to reduce Labor, Small Business, Energy and Com- ferred, as follows: childhood obesity by recognizing schools merce, and Armed Services, for a period to that are creating healthier school environ- be subsequently determined by the Speaker, By Ms. WOOLSEY (for herself, Mr. AN- ments for children by promoting good nutri- in each case for consideration of such provi- DREWS, and Mr. GEORGE MILLER of tion and physical activity, and for other pur- sions as fall within the jurisdiction of the California): H.R. 5107. A bill to amend the Fair Labor poses; to the Committee on Education and committee concerned. Standards Act of 1938 to require persons to Labor. By Ms. CLARKE (for herself, Ms. WOOL- keep records of non-employees who perform By Ms. WATERS (for herself, Mr. SEY, Mr. ELLISON, Mrs. MALONEY, Mr. labor or services for remuneration and to FRANK of Massachusetts, Mr. KAN- STARK, Ms. CHU, Mrs. DAVIS of Cali- provide a special penalty for persons who JORSKI, Mr. COSTELLO, Ms. MATSUI, fornia, Ms. WATSON, Mr. GRIJALVA, misclassify employees as non-employees, and Mr. THOMPSON of Mississippi, Mr. Ms. KILPATRICK of Michigan, Ms. for other purposes; to the Committee on PATRICK J. MURPHY of Pennsylvania, BALDWIN, Mrs. CAPPS, Mr. MOORE of Education and Labor, and in addition to the Mrs. CAPPS, Mr. CARDOZA, Mr. HARE, Kansas, Ms. SCHAKOWSKY, Mr. COHEN, Committee on Ways and Means, for a period Mr. AL GREEN of Texas, and Ms. Mr. MEEK of Florida, Ms. LEE of Cali- to be subsequently determined by the Speak- LINDA T. SA´ NCHEZ of California): fornia, and Ms. SLAUGHTER): er, in each case for consideration of such pro- H.R. 5114. A bill to extend the authoriza- H.R. 5121. A bill to promote the sexual and visions as fall within the jurisdiction of the tion for the national flood insurance pro- reproductive health of individuals and cou- committee concerned. gram, to identify priorities essential to re- ples in developing countries, and for other By Mr. MCCOTTER: form and ongoing stable functioning of the purposes; to the Committee on Foreign Af- H.R. 5108. A bill to require certain Internet program, and for other purposes; to the Com- fairs. websites that contain personal information mittee on Financial Services. By Mr. HINOJOSA (for himself, Mr. of individuals to remove such information at By Mr. SCHAUER (for himself and Mr. FRANK of Massachusetts, Ms. WA- the request of such individuals; to the Com- RUSH): TERS, Mr. PASTOR of Arizona, Mr. mittee on Energy and Commerce. H.R. 5115. A bill to recognize the key con- CLAY, Mr. ELLISON, Mr. LUJA´ N, Mr. By Mr. KIRK (for himself, Mr. SES- tributions of flight support specialists to our WILSON of Ohio, and Mr. THOMPSON of SIONS, Mr. LEE of New York, Mr. GER- Nation’s aviation safety by restoring the re- Mississippi): LACH, Mr. DENT, Mr. SHIMKUS, Mr. tirement treatment of flight support special- H.R. 5122. A bill to authorize appropria- SENSENBRENNER, and Mr. BARTON of ists whose functions were outsourced by the tions for the Housing Assistance Council; to Texas): Federal Government in 2005; to the Com- the Committee on Financial Services. H.R. 5109. A bill to establish a tax, regu- mittee on Oversight and Government Re- By Mr. DAVIS of Illinois: latory, and legal structure in the United form. H.R. 5123. A bill to suspend temporarily the States that encourages small businesses to By Mr. GORDON of Tennessee: duty on certain high-intensity sweetener; to expand and innovate, and for other purposes; H.R. 5116. A bill to invest in innovation the Committee on Ways and Means. to the Committee on Ways and Means, and in through research and development, to im- By Mr. ELLISON: addition to the Committees on Small Busi- prove the competitiveness of the United H.R. 5124. A bill to prohibit the use, pro- ness, Financial Services, Rules, Education States, and for other purposes; to the Com- duction, sale, importation, or exportation of and Labor, Energy and Commerce, the Judi- mittee on Science and Technology, and in any pesticide containing atrazine; to the ciary, Oversight and Government Reform, addition to the Committee on Education and Committee on Agriculture, and in addition and Appropriations, for a period to be subse- Labor, for a period to be subsequently deter- to the Committees on Energy and Com- quently determined by the Speaker, in each mined by the Speaker, in each case for con- merce, Ways and Means, and Foreign Affairs, case for consideration of such provisions as sideration of such provisions as fall within for a period to be subsequently determined fall within the jurisdiction of the committee the jurisdiction of the committee concerned. by the Speaker, in each case for consider- concerned. By Mrs. LOWEY (for herself, Mr. ation of such provisions as fall within the ju- By Mrs. KIRKPATRICK of Arizona: REICHERT, Mr. SMITH of Washington, risdiction of the committee concerned. H.R. 5110. A bill to modify the boundary of Ms. LEE of California, and Mr. By Ms. ESHOO (for herself and Ms. the Casa Grande Ruins National Monument, OLVER): SPEIER): and for other purposes; to the Committee on H.R. 5117. A bill to amend the Foreign As- H.R. 5125. A bill to amend the Emergency Natural Resources. sistance Act of 1961 to provide assistance for Economic Stabilization Act of 2008 to estab- By Mr. PITTS (for himself, Mr. developing countries to promote quality lish a fund to be used to make local govern- ADERHOLT, Mr. AKIN, Mr. BACHUS, Mr. basic education and to establish the achievements whole for losses incurred from the BARRETT of South Carolina, Mr. ment of universal basic education in all de- Lehman Brothers Holding, Inc., bankruptcy; BARTLETT, Mr. BILIRAKIS, Mrs. veloping countries as an objective of United to the Committee on Financial Services. BLACKBURN, Mr. BOEHNER, Mr. States foreign assistance policy, and for By Mr. FLEMING: BOOZMAN, Mr. BROWN of South Caro- other purposes; to the Committee on Foreign H.R. 5126. A bill to repeal provisions of the lina, Mr. CANTOR, Mr. CHAFFETZ, Mr. Affairs. Patient Protection and Affordable Care Act CONAWAY, Mr. DAVIS of Tennessee, By Mr. MORAN of Kansas: relating to health savings accounts, and for Mr. FLEMING, Mr. FORTENBERRY, Ms. H.R. 5118. A bill to amend the Clean Air other purposes; to the Committee on Ways FOXX, Mr. FRANKS of Arizona, Mr. Act to require the exclusion of data of an ex- and Means, and in addition to the Committee GARRETT of New Jersey, Mr. GINGREY ceedance or violation of a national ambient on Energy and Commerce, for a period to be of Georgia, Mr. GOHMERT, Mr. GRIF- air quality standard caused by a prescribed subsequently determined by the Speaker, in FITH, Mr. HENSARLING, Mr. HOEKSTRA, fire in the Flint Hills Region, and for other each case for consideration of such provi- Mr. HOLDEN, Mr. INGLIS, Mr. ISSA, purposes; to the Committee on Energy and sions as fall within the jurisdiction of the Mr. JORDAN of Ohio, Mr. LAMBORN, Commerce. committee concerned. ´ Mr. LATTA, Mr. LIPINSKI, Mr. MAN- By Mr. LUJAN (for himself, Ms. By Ms. GIFFORDS (for herself and Mr. ZULLO, Mr. MARCHANT, Mr. MCHENRY, BORDALLO, Mr. GRIJALVA, Mr. BILBRAY): Mr. MCINTYRE, Mr. NEUGEBAUER, Mr. HEINRICH, Mrs. KIRKPATRICK of Ari- H.R. 5127. A bill to amend title 31, United PENCE, Mr. ROE of Tennessee, Mr. zona, Mr. MATHESON, Mrs. States Code, to establish a reporting require- RYAN of Wisconsin, Mr. SMITH of New NAPOLITANO, Mr. SALAZAR, and Mr. ment for any stored value device carried out Jersey, Mr. SCALISE, Mrs. SCHMIDT, TEAGUE): of, into, or through the United States, to es- Mr. TAYLOR, Mr. TIAHRT, Mr. WILSON H.R. 5119. A bill to amend the Radiation tablish registration requirements for stored of South Carolina, Mr. BRADY of Exposure Compensation Act to improve com- value programs, and for other purposes; to Texas, Mr. DANIEL E. LUNGREN of pensation for workers involved in uranium the Committee on Financial Services. California, Mr. CHILDERS, Mr. MAR- mining, and for other purposes; to the Com- By Mr. HEINRICH (for himself, Mr. ´ SHALL, and Mr. SESSIONS): mittee on the Judiciary, and in addition to LUJAN, Mr. TEAGUE, Mr. GRIJALVA, H.R. 5111. A bill to amend the Patient Pro- the Committee on Energy and Commerce, for Ms. GIFFORDS, Mrs. KIRKPATRICK of tection and Affordable Care Act to modify a period to be subsequently determined by Arizona, Mr. MITCHELL, and Mr. PAS- special rules relating to coverage of abortion the Speaker, in each case for consideration TOR of Arizona): services under such Act; to the Committee of such provisions as fall within the jurisdic- H.R. 5128. A bill to designate the Depart- on Energy and Commerce. tion of the committee concerned. ment of the Interior Building in Washington, By Mr. CARNAHAN (for himself, Mrs. By Mr. SMITH of Washington (for him- District of Columbia, as the ‘‘Stewart Lee BIGGERT, and Ms. NORTON): self, Mr. NYE, and Mr. TEAGUE): Udall Department of the Interior Building’’; H.R. 5112. A bill to provide for the training H.R. 5120. A bill to improve employment, to the Committee on Transportation and In- of Federal building personnel, and for other training, and placement services furnished to frastructure. purposes; to the Committee on Transpor- veterans, especially those serving in Oper- By Mr. HODES (for himself and Mr. tation and Infrastructure. ation Iraqi Freedom and Operation Enduring CARNAHAN): By Mrs. DAHLKEMPER: Freedom, and for other purposes; to the H.R. 5129. A bill to amend the Internal Rev- H.R. 5113. A bill to amend the Child Nutri- Committee on Veterans’ Affairs, and in addi- enue Code of 1986 to treat carsharing and tion Act of 1966 to establish the Healthy Hab- tion to the Committees on Education and ridesharing reimbursement arrangements as

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qualified transportation fringe benefits; to Mr. AKIN, Mr. ALEXANDER, Mr. AUS- each case for consideration of such provi- the Committee on Ways and Means. TRIA, Mrs. BACHMANN, Mr. BACHUS, sions as fall within the jurisdiction of the By Mr. LANGEVIN (for himself and Mr. BARRETT of South Carolina, Mr. committee concerned. Mr. COURTNEY): BARTLETT, Mr. BARTON of Texas, Mrs. By Mr. MURPHY of Connecticut (for H.R. 5130. A bill to amend the Wild and BIGGERT, Mr. BILBRAY, Mr. BILIRAKIS, himself, Mr. CASTLE, Ms. SLAUGHTER, Scenic Rivers Act to designate a segment of Mr. BISHOP of Utah, Mrs. BLACKBURN, Mrs. BIGGERT, Ms. DEGETTE, and Mr. the Beaver, Chipuxet, Queen, Wood, and Mr. BLUNT, Mr. BONNER, Mrs. BONO WAXMAN): Pawcatuck Rivers in the States of Con- MACK, Mr. BOOZMAN, Mr. BOUSTANY, H. Res. 1290. A resolution supporting the necticut and Rhode Island for study for po- Mr. BRADY of Texas, Mr. BROUN of goals and ideals of a National Day to Pre- tential addition to the National Wild and Georgia, Ms. GINNY BROWN-WAITE of vent Teen Pregnancy; to the Committee on Scenic Rivers System, and for other pur- Florida, Mr. BUCHANAN, Mr. BURGESS, Energy and Commerce. poses; to the Committee on Natural Re- Mr. BURTON of Indiana, Mr. BUYER, By Mr. ARCURI: sources. Mr. CALVERT, Mr. CAMP, Mr. CAMP- H. Res. 1291. A resolution expressing sup- By Mr. LARSON of Connecticut: BELL, Mrs. CAPITO, Mr. CARTER, Mr. port for designation of the week beginning H.R. 5131. A bill to establish Coltsville Na- CASSIDY, Mr. CASTLE, Mr. CHAFFETZ, May 9, 2010, as National Nursing Home Week; tional Historical Park in the State of Con- Mr. COBLE, Mr. COFFMAN of Colorado, to the Committee on Energy and Commerce. necticut, and for other purposes; to the Com- Mr. CONAWAY, Mr. CRENSHAW, Mr. By Mr. MORAN of Kansas: mittee on Natural Resources. CULBERSON, Mr. DAVIS of Kentucky, H. Res. 1292. A resolution congratulating By Mr. MATHESON: Mr. DENT, Mr. LINCOLN DIAZ-BALART the Emporia State University Lady Hornets H.R. 5132. A bill to require the Director of of Florida, Mr. MARIO DIAZ-BALART of women’s basketball team for winning the the National Institute of Standards and Florida, Mr. DREIER, Mr. DUNCAN, Mr. 2010 NCAA Division II National Champion- Technology to establish a research initiative EHLERS, Mrs. EMERSON, Ms. FALLIN, ship; to the Committee on Education and to support the development of technical Mr. FLAKE, Mr. FLEMING, Mr. FORBES, Labor. standards and conformance architecture to Mr. FORTENBERRY, Ms. FOXX, Mr. By Mrs. BIGGERT (for herself and Mr. improve emergency communication and FRANKS of Arizona, Mr. GALLEGLY, WALDEN): tracking technologies for use in locating Mr. GARRETT of New Jersey, Mr. GER- H. Res. 1293. A resolution expressing sup- trapped individuals in confined spaces and LACH, Mr. GINGREY of Georgia, Mr. port for the goals and ideals of National other shielded environments where conven- GOHMERT, Ms. GRANGER, Mr. GRAVES, Child Abuse Prevention Month; to the Com- tional radio communication is limited, and Mr. GRIFFITH, Mr. GUTHRIE, Mr. HALL mittee on Education and Labor. for other purposes; to the Committee on of Texas, Mr. HARPER, Mr. HASTINGS By Ms. GINNY BROWN-WAITE of Flor- Science and Technology. of Washington, Mr. HELLER, Mr. ida (for herself and Mr. BOREN): H. Res. 1294. A resolution expressing sup- By Mr. ROTHMAN of New Jersey (for HENSARLING, Mr. HERGER, Mr. HOEK- port for designation of the first Saturday in himself, Mr. ANDREWS, Mr. LOBIONDO, STRA, Mr. HUNTER, Mr. INGLIS, Mr. May as National Explosive Ordnance Dis- Mr. SIRES, Mr. PALLONE, Mr. SMITH of ISSA, Ms. JENKINS, Mr. JOHNSON of Il- posal Day to honor those who are serving New Jersey, Mr. LANCE, Mr. ADLER of linois, Mr. SAM JOHNSON of Texas, and have served in the noble and self-sacri- New Jersey, Mr. FRELINGHUYSEN, Mr. Mr. JONES, Mr. JORDAN of Ohio, Mr. ficing profession of Explosive Ordnance Dis- GARRETT of New Jersey, Mr. HOLT, KING of Iowa, Mr. KINGSTON, Mr. posal in the United States Armed Forces; to Mr. PASCRELL, and Mr. PAYNE): KIRK, Mr. KLINE of Minnesota, Mr. the Committee on Oversight and Govern- H.R. 5133. A bill to designate the facility of LAMBORN, Mr. LANCE, Mr. ment Reform. the United States Postal Service located at LATOURETTE, Mr. LATTA, Mr. LEE of By Mr. FORTENBERRY: 331 1st Street in Carlstadt, New Jersey, as New York, Mr. LEWIS of California, H. Res. 1295. A resolution celebrating the the ‘‘Staff Sergeant Frank T. Carvill and Mr. LINDER, Mr. LOBIONDO, Mr. role of mothers in the United States and sup- Lance Corporal Michael A. Schwarz Post Of- LUCAS, Mr. LUETKEMEYER, Mrs. porting the goals and ideals of Mother’s Day; fice Building’’; to the Committee on Over- LUMMIS, Mr. DANIEL E. LUNGREN of to the Committee on Oversight and Govern- sight and Government Reform. California, Mr. MACK, Mr. MANZULLO, ment Reform. By Ms. TSONGAS (for herself, Mr. Mr. MARCHANT, Mr. MCCAUL, Mr. By Mr. LANGEVIN (for himself and PAYNE, Ms. NORTON, Mr. SIRES, Mr. MCCLINTOCK, Mr. MCHENRY, Mr. Mr. BILBRAY): ELLISON, Mr. CAO, Ms. MOORE of Wis- MCKEON, Mr. MICA, Mr. GARY G. MIL- H. Res. 1296. A resolution congratulating consin, Mrs. LOWEY, and Mr. LER of California, Mr. MILLER of Flor- the American Society for Cell Biology on its BLUMENAUER): ida, Mrs. MILLER of Michigan, Mr. 50 years of service to the basic biomedical re- H.R. 5134. A bill to authorize the Secretary MORAN of Kansas, Mrs. MYRICK, Mr. search community in the United States and of the Interior, in consultation with the NEUGEBAUER, Mr. NUNES, Mr. OLSON, around the world, as well as the public; to Groundwork USA national office, to provide Mr. PETRI, Mr. PITTS, Mr. PLATTS, the Committee on Energy and Commerce. grants to certain nonprofit organizations; to Mr. POE of Texas, Mr. POSEY, Mr. By Ms. MARKEY of Colorado (for her- the Committee on Energy and Commerce, PRICE of Georgia, Mr. PUTNAM, Mr. self, Mr. DEFAZIO, Mr. REHBERG, Mr. and in addition to the Committees on Nat- RADANOVICH, Mr. REHBERG, Mr. ROE CARNAHAN, Mr. POLIS, Mr. WU, Mr. ural Resources, and Financial Services, for a of Tennessee, Mr. ROGERS of Ala- BLUMENAUER, and Mr. LANCE): period to be subsequently determined by the bama, Mr. ROGERS of Kentucky, Mr. H. Res. 1297. A resolution supporting the Speaker, in each case for consideration of ROGERS of Michigan, Mr. ROHR- goals and ideals of American Craft Beer such provisions as fall within the jurisdic- ABACHER, Mr. ROONEY, Mr. ROSKAM, Week; to the Committee on Oversight and tion of the committee concerned. Ms. ROS-LEHTINEN, Mr. ROYCE, Mr. Government Reform. By Mr. WALDEN: RYAN of Wisconsin, Mr. SCALISE, Mrs. By Mr. MORAN of Virginia (for him- H.R. 5135. A bill to provide for congres- SCHMIDT, Mr. SCHOCK, Mr. SENSEN- self, Mr. MCGOVERN, Mr. FARR, Mr. sional approval of national monuments in BRENNER, Mr. SESSIONS, Mr. SHADEGG, RYAN of Ohio, Mr. HONDA, Ms. ROY- Oregon, restrictions on the use of national Mr. SHIMKUS, Mr. SMITH of Nebraska, BAL-ALLARD, Mr. ANDREWS, Mr. BER- monuments, and for other purposes; to the Mr. SMITH of New Jersey, Mr. SMITH MAN, Mr. NADLER of New York, Ms. Committee on Natural Resources. of Texas, Mr. SOUDER, Mr. STEARNS, WOOLSEY, Ms. EDWARDS of Maryland, By Mr. FLAKE: Mr. SULLIVAN, Mr. TERRY, Mr. Mr. CONNOLLY of Virginia, Ms. CAS- H. Res. 1287. A resolution raising a ques- THOMPSON of Pennsylvania, Mr. TOR of Florida, Mr. BOYD, Mrs. CAPPS, tion of the privileges of the House; to the THORNBERRY, Mr. TIAHRT, Mr. TIBERI, Ms. HARMAN, Mrs. DAVIS of Cali- Committee on Standards of Official Conduct. Mr. TURNER, Mr. UPTON, Mr. WALDEN, fornia, Mr. WAXMAN, Ms. DEGETTE, By Mr. DENT (for himself, Mr. CANTOR, Mr. WAMP, Mr. WESTMORELAND, Mr. Mr. BLUMENAUER, Mr. SCHAUER, Ms. Mr. MCCAUL, Mr. AUSTRIA, Mr. ROE of WHITFIELD, Mr. WILSON of South WATSON, Ms. SCHAKOWSKY, Ms. MAT- Tennessee, Mr. COFFMAN of Colorado, Carolina, Mr. WITTMAN, Mr. WOLF, SUI, Mr. HINCHEY, and Mr. Mr. FRANKS of Arizona, Mr. POSEY, Mr. ADERHOLT, and Mr. SIMPSON): GARAMENDI): Mr. GERLACH, Mr. ROONEY, Mr. H. Res. 1289. A resolution expressing the H. Res. 1298. A resolution encouraging ef- UPTON, Mr. BARTLETT, Mrs. MILLER sense of the House that Democratic Members forts to reduce the use of paper and plastic of Michigan, Mr. BROUN of Georgia, of the House should join Republican Mem- bags; to the Committee on Energy and Com- Mr. BILIRAKIS, Mr. OLSON, and Mr. bers of the House in a total ban on earmarks merce. PITTS): for one year, that total discretionary spend- f H. Res. 1288. A resolution urging the ing should be reduced by the amount saved issuance of a certificate of loss of nation- by earmark moratoriums, and that a bipar- MEMORIALS ality for Anwar al-Awlaki; to the Committee tisan, bicameral committee should be cre- Under clause 4 of Rule XXII, memo- on the Judiciary. ated to review and overhaul the budgetary, By Mr. GOODLATTE (for himself, Mr. spending, and earmark processes; to the rials were presented and referred as fol- BOEHNER, Mr. CANTOR, Mr. MCCARTHY Committee on the Budget, and in addition to lows: of California, Mr. PENCE, Mr. the Committee on Rules, for a period to be 262. The SPEAKER presented a memorial MCCOTTER, Mrs. MCMORRIS RODGERS, subsequently determined by the Speaker, in of the House of Representatives of the State

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of New Mexico, relative to House Memorial ARCURI, Mr. WELCH, and Mrs. MCCARTHY of H.R. 4278: Mr. COFFMAN of Colorado and Mr. 39 urging the Republic of Turkey to hold and New York. TIERNEY. safeguard religious and human rights with- H.R. 1670: Ms. ESHOO. H.R. 4296: Mr. CHANDLER and Mr. MCGOV- out compromise; to the Committee on For- H.R. 1826: Mr. BOSWELL, Mr. THOMPSON of ERN. eign Affairs. California, and Mr. MEEK of Florida. H.R. 4333: Mr. DRIEHAUS. 263. Also, a memorial of the House of Rep- H.R. 1844: Mr. KAGEN. H.R. 4343: Mr. AL GREEN of Texas. resentatives of the State of New Mexico, rel- H.R. 1855: Ms. SUTTON. H.R. 4427: Mr. FRANK of Massachusetts and ative to House Memorial 34 urging the Con- H.R. 1874: Mr. RYAN of Ohio and Mr. Mr. MACK. gress of the United States to expedite the SHULER. H.R. 4443: Mr. BISHOP of New York. passage of legislation to enact the necessary H.R. 1964: Mr. CAO. H.R. 4489: Mr. MORAN of Virginia, Mr. VIS- amendments to the Surface Mining Control H.R. 2000: Mr. KINGSTON, Ms. JENKINS, and CLOSKY, and Mr. FILNER. and Reclamation Act of 1977; to the Com- Ms. CASTOR of Florida. H.R. 4502: Mr. HODES. mittee on Natural Resources. H.R. 2054: Ms. ZOE LOFGREN of California. H.R. 4525: Ms. MARKEY of Colorado. 264. Also, a memorial of the House of Rep- H.R. 2057: Ms. SPEIER. H.R. 4530: Mr. BRALEY of Iowa. resentatives of the State of New Mexico, rel- H.R. 2142: Ms. HARMAN. H.R. 4533: Ms. RICHARDSON and Ms. SUTTON. ative to House Memorial 54 urging the Con- H.R. 2220: Ms. SCHWARTZ. H.R. 4544: Mr. MELANCON and Mr. PLATTS. H.R. 2275: Mr. MELANCON, Mr. THOMPSON of gress of the United States to consider legis- H.R. 4568: Mr. LOBIONDO. Pennsylvania, Ms. MCCOLLUM, and Mr. BACH- lation that promotes clean energy develop- H.R. 4572: Mr. ROSS. US. ment and use; jointly to the Committees on H.R. 4594: Mr. PETERS, Ms. BALDWIN, Mr. H.R. 2328: Mr. LARSON of Connecticut. Energy and Commerce, Foreign Affairs, Fi- VAN HOLLEN, Mr. ENGEL, Mr. HODES, Ms. LO- H.R. 2408: Mr. LATOURETTE. nancial Services, Education and Labor, RETTA SANCHEZ of California, Mr. TIERNEY, H.R. 2478: Mr. LIPINSKI and Mr. GALLEGLY. Science and Technology, Transportation and Mr. CROWLEY, Mr. CONNOLLY of Virginia, Ms. H.R. 2542: Mr. KLEIN of Florida. WASSERMAN SCHULTZ, and Mr. TIM MURPHY Infrastructure, Natural Resources, Agri- H.R. 2547: Mr. BROUN of Georgia. culture, and Ways and Means. of Pennsylvania. H.R. 2625: Mr. GUTIERREZ, Mr. HALL of New H.R. 4599: Ms. GIFFORDS. f York, and Ms. WOOLSEY. H.R. 4645: Mr. LOEBSACK and Mr. JOHNSON H.R. 2639: Mr. DICKS. of Georgia. H.R. 2999: Mr. MARKEY of Massachusetts. ADDITIONAL SPONSORS H.R. 4647: Mr. COSTA, Mr. RUSH, Mr. CROW- H.R. 3017: Mr. DEUTCH, Mr. SCHAUER, and Under clause 7 of rule XII, sponsors LEY, and Mr. CONNOLLY of Virginia. Ms. LORETTA SANCHEZ of California. H.R. 4649: Mr. HIMES, Mr. TIAHRT, Mr. CAL- were added to public bills and resolu- H.R. 3024: Mr. BECERRA. VERT, and Mr. FRANKS of Arizona. tions as follows: H.R. 3039: Mr. BOUSTANY and Mr. PITTS. H.R. 4684: Ms. CHU. H.R. 3048: Mr. BRADY of Pennsylvania. H.R. 24: Mr. MURPHY of New York, Ms. H.R. 4689: Mr. QUIGLEY, Ms. LORETTA H.R. 3077: Mr. HINCHEY. HIRONO, Ms. SLAUGHTER, Mr. DONNELLY of In- SANCHEZ of California, Mrs. CAPITO, and Mr. ´ H.R. 3108: Ms. NORTON. diana, and Ms. LINDA T. SANCHEZ of Cali- PETRI. H.R. 3181: Ms. RICHARDSON and Ms. CHU. fornia. H.R. 4745: Ms. WASSERMAN SCHULTZ. H.R. 3286: Ms. LORETTA SANCHEZ of Cali- H.R. 208: Ms. GINNY BROWN-WAITE of Flor- H.R. 4759: Mr. ALTMIRE and Mr. SPACE. fornia and Ms. KOSMAS. ida, Mr. MILLER of Florida, and Mr. CARTER. ALZ ISHOP H.R. 3310: Mr. FRELINGHUYSEN and Mr. H.R. 4785: Mr. W , Mr. B of Georgia, H.R. 213: Mr. CONNOLLY of Virginia. and Ms. GIFFORDS. H.R. 219: Mr. AUSTRIA. OLSON. H.R. 3335: Mr. WATT and Ms. MOORE of Wis- H.R. 4796: Mr. LEE of New York and Ms. H.R. 413: Mr. QUIGLEY, Mr. LARSEN of consin. GIFFORDS. Washington, Mr. GARAMENDI, Mr. LUJA´ N, and H.R. 3393: Ms. HARMAN and Mr. MITCHELL. H.R. 4803: Mr. PITTS. Mr. OLVER. H.R. 3402: Mr. WALDEN. H.R. 4812: Ms. DEGETTE. H.R. 483: Mr. WALDEN. H.R. 3408: Mr. BLUMENAUER, Mr. SHERMAN, H.R. 4850: Ms. KILROY. H.R. 678: Mr. PITTS, Mrs. NAPOLITANO, and Mr. BRADY of Pennsylvania, Mr. SCOTT of H.R. 4859: Mr. REHBERG. Mr. SPACE. Virginia, Ms. ROYBAL-ALLARD, Mr. H.R. 4869: Mr. QUIGLEY, Ms. WATSON, and H.R. 734: Mr. KUCINICH, Mr. JOHNSON of Illi- LANGEVIN, Mr. LEWIS of Georgia, Mr. Mr. PAYNE. nois, and Mr. LARSEN of Washington. HASTINGS of Florida, Mr. CUMMINGS, Mr. H.R. 4879: Mr. NADLER of New York, Mr. H.R. 761: Mr. REHBERG. BECERRA, Mr. CARNAHAN, Mr. WEINER, Ms. BLUMENAUER, Ms. ESHOO, Ms. MOORE of Wis- H.R. 775: Mr. QUIGLEY, Mr. HALL of Texas, EDWARDS of Maryland, Mr. SERRANO, and Ms. consin, and Ms. KILROY. Mr. MURPHY of New York, and Mr. MAFFEI. FUDGE. H.R. 4886: Mr. FRANKS of Arizona and Mrs. H.R. 836: Mr. PALLONE. H.R. 3418: Mr. KISSELL. BLACKBURN. H.R. 847: Mr. GARAMENDI and Mr. BACA. H.R. 3421: Mrs. MALONEY and Mr. MEEKS of H.R. 4888: Mr. THOMPSON of California, Mr. H.R. 878: Mr. GOODLATTE. New York. PAULSEN, Mr. HUNTER, Mr. WALDEN, and Ms. H.R. 932: Mr. BISHOP of New York. H.R. 3560: Mr. BLUMENAUER. GIFFORDS. H.R. 949: Mr. KUCINICH. H.R. 3564: Ms. TITUS and Mr. SHERMAN. H.R. 4889: Mr. MCCOTTER. H.R. 950: Ms. CORRINE BROWN of Florida. H.R. 3567: Mr. CUMMINGS. H.R. 4903: Mr. SHADEGG, Mr. BROWN of H.R. 1024: Ms. CASTOR of Florida. H.R. 3652: Mr. TERRY, Ms. MOORE of Wis- South Carolina, and Mr. NEUGEBAUER. H.R. 1074: Mr. TEAGUE, Mr. LINCOLN DIAZ- consin, Mr. THOMPSON of Mississippi, Mr. H.R. 4904: Mr. AUSTRIA. BALART of Florida, and Mr. ADERHOLT. LEWIS of Georgia, and Mr. DOYLE. H.R. 4918: Mr. SCHIFF, Mr. MELANCON, Mr. H.R. 1077: Ms. PINGREE of Maine. H.R. 3666: Mr. SOUDER. DAVIS of Tennessee, and Ms. GIFFORDS. H.R. 1079: Mr. KUCINICH. H.R. 3668: Mr. CONAWAY, Mr. HODES, Mrs. H.R. 4919: Mr. RADANOVICH. H.R. 1083: Mr. POE of Texas. LOWEY, Mr. LEE of New York, Ms. KAPTUR, H.R. 4923: Mr. PERLMUTTER, Mr. MATHESON, H.R. 1087: Mr. RYAN of Ohio. Mr. SARBANES, Mr. HOLT, Mr. COURTNEY, Mr. Mr. SIRES, Mr. HARE, Ms. TITUS, Ms. BERK- H.R. 1165: Ms. ZOE LOFGREN of California. BROWN of South Carolina, Mr. KLEIN of Flor- LEY, Mrs. HALVORSON, Mr. LOEBSACK, Mr. H.R. 1169: Mr. FORBES. ida, Mr. MCNERNEY, and Mr. CLAY. WALZ, Mr. PATRICK J. MURPHY of Pennsyl- H.R. 1177: Mr. BRADY of Texas, Mr. GINGREY H.R. 3764: Ms. MOORE of Wisconsin, Mr. vania, Ms. SCHWARTZ, Mr. POMEROY, Mr. of Georgia, Mr. HERGER, Mr. KIRK, Mr. PALLONE, Mr. MEEKS of New York, and Mr. TONKO, Ms. EDWARDS of Maryland, Ms. BALD- NEUGEBAUER, and Mr. SMITH of New Jersey. SIRES. WIN, Mr. MORAN of Virginia, Mr. NYE, Mr. H.R. 1205: Mr. MARKEY of Massachusetts, H.R. 3781: Mr. CARNEY. LARSON of Connecticut, Mr. BRALEY of Iowa, Mr. SHIMKUS, Mrs. BACHMANN, and Mr. H.R. 3790: Mr. PERLMUTTER, Mr. PETRI, and Mr. SMITH of Washington, Mr. PALLONE, Mr. MCGOVERN. Mr. HARE. BECERRA, Mr. SERRANO, Ms. ESHOO, Mr. H.R. 1283: Mr. DEUTCH. H.R. 3799: Mr. CLAY. BROUN of Georgia, Mr. HODES, and Mrs. H.R. 1308: Mr. CUMMINGS and Ms. KILROY. H.R. 3924: Mr. PITTS, Mr. RADANOVICH, Mr. CAPPS. H.R. 1361: Mr. YARMUTH, Ms. CHU, and Ms. BLUNT, Mr. SULLIVAN, and Mrs. BONO MACK. H.R. 4927: Mr. COHEN. PINGREE of Maine. H.R. 3936: Mr. MITCHELL, Ms. FUDGE, and H.R. 4929: Mr. THOMPSON of Mississippi, Ms. H.R. 1408: Ms. RICHARDSON and Ms. NORTON. Mr. CARNEY. RICHARDSON, and Ms. FUDGE. H.R. 1430: Mr. DOYLE and Mr. SIRES. H.R. 3995: Mr. CAPUANO. H.R. 4933: Ms. WOOLSEY, Mr. GRIJALVA, and H.R. 1458: Mrs. NAPOLITANO and Ms. ZOE H.R. 4109: Mr. CUMMINGS. Mr. CONYERS. LOFGREN of California. H.R. 4115: Mr. WEINER. H.R. 4940: Ms. JENKINS, Mr. BISHOP of Geor- H.R. 1526: Mr. PRICE of North Carolina. H.R. 4128: Mr. DAVIS of Tennessee, Mr. gia, and Mr. MANZULLO. H.R. 1529: Mr. JOHNSON of Georgia. OLVER, and Mr. RANGEL. H.R. 4943: Mr. MCCOTTER. H.R. 1558: Mr. GERLACH. H.R. 4148: Mr. CLAY. H.R. 4951: Mr. HASTINGS of Washington, Mr. H.R. 1616: Mr. HALL of New York. H.R. 4163: Mrs. CAPPS and Mr. BRADY of TERRY, Mr. HOEKSTRA, and Ms. GIFFORDS. H.R. 1625: Mrs. MCMORRIS RODGERS, Mr. Pennsylvania. H.R. 4959: Mr. NADLER of New York and Mr. HEINRICH, Mr. GARAMENDI, Mr. MARKEY of H.R. 4175: Mr. ISSA. PAYNE. Massachusetts, Mr. MCINTYRE, Mr. H.R. 4195: Mr. CONNOLLY of Virginia and H.R. 4960: Mr. FRELINGHUYSEN. MELANCON, Ms. CASTOR of Florida, Mr. Mr. CALVERT. H.R. 4971: Mrs. BONO MACK and Mr. NUNES.

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H.R. 4972: Mrs. BLACKBURN. H. Con. Res. 265: Mr. SOUDER and Mr. H. Res. 1251: Ms. JENKINS, Mr. BRADY of H.R. 4993: Mr. WELCH, Mr. HODES, and Mr. POSEY. Pennsylvania, Mr. CHAFFETZ, Mr. WOLF, Mr. COFFMAN of Colorado. H. Res. 173: Mrs. MALONEY, Mr. CUMMINGS, GOHMERT, Mr. COBLE, Mr. PERRIELLO, and H.R. 4995: Mr. SOUDER. Mr. POMEROY, Mr. SCHRADER, Mrs. LOWEY, Mr. BARTLETT. H.R. 4999: Mr. HOEKSTRA and Mr. GOHMERT. and Mr. BISHOP of New York. H. Res. 1254: Mr. MCKEON, Mr. WALDEN, Mr. H.R. 5000: Mr. BAIRD. H. Res. 191: Mr. MCCOTTER. LAMBORN, Mr. REHBERG, Mr. FLAKE, Mr. H.R. 5008: Mr. ARCURI, Mr. CARDOZA, and H. Res. 252: Mr. SCOTT of Virginia. HELLER, and Mr. YOUNG of Alaska. Mr. CUELLAR. H. Res. 278: Mr. CROWLEY, Mr. DELAHUNT, H. Res. 1259: Mr. BRADY of Pennsylvania H.R. 5015: Mr. FRANK of Massachusetts, Mr. Ms. JACKSON LEE of Texas, Ms. LEE of Cali- and Mr. MCGOVERN. HOLT, and Mr. VISCLOSKY. fornia, Mr. MEEKS of New York, Ms. WATSON, H. Res. 1261: Mrs. HALVORSON, Mr. KAGEN, H.R. 5017: Mr. HOLDEN and Mr. MOORE of Mr. SMITH of New Jersey, and Mr. PAYNE Mr. EDWARDS of Texas, Mr. SKELTON, and Mr. Kansas. H. Res. 375: Ms. HIRONO, Ms. SHEA-PORTER, SMITH of New Jersey. H.R. 5019: Mr. HALL of New York, Mr. INS- Ms. TITUS, and Mr. ARCURI. H. Res. 1273: Mr. GOHMERT, Mr. GOODLATTE, LEE, Mr. PIERLUISI, Mr. LANGEVIN, Mr. H. Res. 397: Mr. CALVERT. Mr. WOLF, Mr. GARY G. MILLER of California, MCGOVERN, Mrs. CAPPS, Mr. GRIJALVA, Mr. H. Res. 407: Mr. COURTNEY, Mr. CLEAVER, Mr. SMITH of Nebraska, Mr. GINGREY of Geor- VAN HOLLEN, Mr. MURPHY of New York, Ms. Ms. FUDGE, and Mr. EHLERS. gia, Mr. MANZULLO, Mr. NEUGEBAUER, Mr. BERKLEY, Mr. SARBANES, Ms. SUTTON, Mr. H. Res. 857: Mr. TERRY. KING of Iowa, Mrs. BACHMANN, Mr. GARRETT CARNAHAN, Mr. LOEBSACK, Ms. PINGREE of H. Res. 873: Mr. WALZ and Mr. GALLEGLY. of New Jersey, Mr. PITTS, Mr. MCCOTTER, Mr. Maine, Mr. WEINER, Mr. HOLT, Mr. H. Res. 929: Mr. KUCINICH. MCINTYRE, Mr. POE of Texas, Mr. THOMPSON COURTNEY, Mr. HONDA, Mr. HASTINGS of Flor- H. Res. 1033: Mrs. CAPITO, Mrs. MILLER of of Pennsylvania, Ms. JENKINS, Mr. PRICE of ida, and Mr. RYAN of Ohio. Michigan, Mr. SMITH of Washington, Mr. Georgia, Mr. BILIRAKIS, Mr. ROONEY, Mr. H.R. 5034: Mr. BRALEY of Iowa, Mr. HARE, JOHNSON of Illinois, Mr. CAMP, Ms. JENKINS, FORTENBERRY, Mr. BURGESS, Mr. AKIN, Mr. Mr. POE of Texas, Mr. HOLT, Mr. SCHAUER, Mr. LAMBORN, and Mr. WHITFIELD. CARTER, Mr. CONAWAY, Ms. FOXX, Mr. and Mr. TOWNS. H. Res. 1056: Ms. NORTON. TIAHRT, Mr. ROE of Tennessee, Mrs. H.R. 5038: Mr. LAMBORN. H. Res. 1110: Mr. BARTLETT, Mr. CONAWAY, MCMORRIS RODGERS, Mr. LIPINSKI, Mr. HOEK- H.R. 5042: Mr. CLAY. Mr. BISHOP of Utah, Mr. KING of Iowa, Mr. STRA, Mr. COBLE, Mr. SHIMKUS, Mr. BROUN of H.R. 5044: Mr. POE of Texas and Mr. MEEK BRADY of Texas, Mr. PITTS, Mr. AKIN, Mr. Georgia, Mr. BONNER, Mr. FRELINGHUYSEN, of Florida. LATTA, Mr. BILBRAY, Mr. GINGREY of Geor- Mr. ROGERS of Alabama, Mr. BRADY of Texas, H.R. 5049: Mr. WALZ. gia, Mrs. LUMMIS, Mr. MARCHANT, Mr. ROO- H.R. 5059: Mr. ROONEY. Mr. OLSON, Mr. LATTA, Mr. SOUDER, Mr. NEY, Mr. JOHNSON of Illinois, Mr. CHAFFETZ, H.R. 5064: Mr. WALZ. FLEMING, Mr. DUNCAN, Ms. GINNY BROWN- and Mr. MILLER of Florida. H.R. 5065: Mr. MORAN of Kansas, Mr. POE of WAITE of Florida, Mr. BARTON of Texas, Mr. H. Res. 1161: Mrs. MALONEY, Ms. CLARKE, Texas, Mrs. MCMORRIS RODGERS, Mr. UPTON, Mr. AUSTRIA, and Mr. LATHAM. Ms. WATERS, Ms. CORRINE BROWN of Florida, GALLEGLY, and Mr. COBLE. H. Res. 1277: Mr. GINGREY of Georgia, Mr. Ms. FUDGE, Ms. WATSON, Ms. EDWARDS of H.R. 5081: Mr. BOSWELL and Mr. KRATOVIL. LAMBORN, Mr. SOUDER, Mrs. LOWEY, Mr. Maryland, Mr. SCOTT of Virginia, Ms. JACK- H.R. 5082: Mr. TONKO. TOWNS, and Mr. BROUN of Georgia. SON LEE of Texas, Mr. ELLISON, Mr. PAUL, H.R. 5083: Mr. ELLISON. H. Res. 1279: Mr. MORAN of Kansas and Mr. Mr. KENNEDY, Ms. SCHAKOWSKY, Mrs. CAPPS, H.R. 5091: Mr. RUSH. BRADY of Texas. H.R. 5092: Ms. BERKLEY, Mr. AUSTRIA, Mr. Mr. MOORE of Kansas, Mrs. LUMMIS, Ms. LEE GRIJALVA, and Mr. LANCE. of California, Mrs. HALVORSON, Ms. TITUS, f H.R. 5095: Mr. SOUDER. Ms. WOOLSEY, Mr. BOEHNER, Mr. BARTLETT, H.R. 5102: Mr. VAN HOLLEN. and Mr. MCGOVERN. H.J. Res. 59: Mr. RYAN of Ohio. H. Res. 1196: Mr. EDWARDS of Texas. DELETIONS OF SPONSORS FROM H.J. Res. 78: Mr. ALTMIRE. H. Res. 1207: Mr. BRADY of Pennsylvania, PUBLIC BILLS AND RESOLUTIONS H. Con. Res. 226: Mr. PERLMUTTER, Mr. CAO, Ms. FALLIN, Mr. HENSARLING, Mr. ROONEY, and Mr. RYAN of Ohio. Mrs. LUMMIS, Mr. AKIN, Mr. PITTS, Mr. BART- Under clause 7 of rule XII, sponsors H. Con. Res. 260: Ms. KOSMAS, Mr. BROWN of LETT, Mr. DINGELL, and Mr. FRANKS of Ari- were deleted from public bills and reso- South Carolina, Mrs. BONO MACK, Mr. zona. lutions as follows: HERGER, Mr. COLE, Mr. COBLE, Mr. REICHERT, H. Res. 1209: Mr. LATOURETTE and Mr. H.R. 4717: Ms. NORTON. Mr. GINGREY of Georgia, Mr. MAFFEI, Mr. LAMBORN. RYAN of Wisconsin, Mr. GRAYSON, Mr. H. Res. 1226: Mr. ORTIZ and Mr. TERRY. f MCMAHON, Mr. CAO, Mr. PUTNAM, Mr. BART- H. Res. 1229: Mrs. MYRICK and Mr. CALVERT. LETT, Mr. LINDER, Mr. DEUTCH, Mr. SOUDER, H. Res. 1240: Mr. DAVIS of Illinois, Mr. Mr. ROONEY, Mr. CAMPBELL, Mr. STEARNS, HARE, Mr. THOMPSON of California, Mr. VAN DISCHARGE PETITIONS— Mr. HOLDEN, Mr. NEUGEBAUER, Mr. LEE of HOLLEN, and Mr. MORAN of Virginia. ADDITIONS OR DELETIONS New York, and Mr. NEAL of Massachusetts. H. Res. 1245: Mr. KINGSTON and Mr. GRIF- The following Members added their H. Con. Res. 262: Ms. MOORE of Wisconsin, FITH. names to the following discharge peti- Mrs. CHRISTENSEN, Mr. BISHOP of Georgia, H. Res. 1247: Ms. MCCOLLUM, Mr. CUMMINGS, Mr. CLEAVER, Ms. LEE of California, Ms. Mr. HODES, Ms. WATSON, Mrs. MALONEY, Mr. tion: CORRINE BROWN of Florida, Mr. CARSON of In- PIERLUISI, Ms. SPEIER, Mr. SARBANES, Mr. Petition 10 by Mr. JONES on H.R. 775: Tim diana, Mr. WATT, Ms. FUDGE, Ms. EDWARDS of REYES, Mr. KUCINICH, Mr. HOYER, Mr. CLAY, Murphy, Lincoln Diaz-Balart, Gus M. Bili- Maryland, Mr. CONYERS, Mr. CLAY, and Mr. and Ms. NORTON. rakis, Cliff Stearns, Ileana Ros-Lehtinen, LEWIS of Georgia. H. Res. 1250: Mr. CONYERS. Dan Burton.

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Vol. 156 WASHINGTON, THURSDAY, APRIL 22, 2010 No. 58 Senate The Senate met at 9:33 a.m. and was U.S. SENATE, But today, of course, is not the only called to order by the Honorable HARRY PRESIDENT PRO TEMPORE, day to do this. That is why I am happy REID, a Senator from the State of Ne- Washington, DC, April 22, 2010. to have supported a number of environ- vada. To the Senate: mental initiatives over the past years Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby to benefit my State and our country: PRAYER appoint the Honorable HARRY REID, a Sen- protecting more than 3 million acres of The PRESIDING OFFICER. This ator from the State of Nevada, to perform key wildlife habitat as wilderness in morning’s prayer will be given by guest the duties of the Chair. the State of Nevada; introducing legis- Chaplain Rev. Sharron Dinnie, rector ROBERT C. BYRD, lation that created the Great Basin Na- of St. Peter and St. Paul Anglican President pro tempore. tional Park; providing more resources Church, Spring, South Africa. Mr. REID thereupon assumed the and better management for popular The guest Chaplain offered the fol- chair as Acting President pro tempore. areas such as Red Rock Canyon and lowing prayer: f Black Rock Desert; enhancing the Car- Let us pray. son River corridor and improving man- RECOGNITION OF THE MAJORITY Holy and gracious God, we rejoice in agement of the Sierra Foothills, and LEADER the life You have given us in this new expanding open space opportunities for day. As these Senators look to You in The PRESIDING OFFICER (Mrs. the people of Carson City. seeking to carry out that to which You GILLIBRAND). The majority leader is Right now, I am working with the have called them, we ask that You recognized. Nevada congressional delegation to would guide and strengthen them. Keep f protect the Tahoe Basin from invasive them mindful of this country’s herit- SCHEDULE species and devastating wildfires and age and help them strive to preserve its to restore Lake Tahoe’s water clarity integrity. Lead them as they seek to Mr. REID. Madam President, fol- and protect threatened species and discern that which has outlived its use- lowing leader remarks, the Senate will wildlands. The act will also help pro- fulness and appropriateness within the be in a period of morning business for tect the area’s economy and its 23,000 changes of society and give them bold- an hour, with Senators permitted to tourism-related jobs. speak for up to 10 minutes each during ness to work toward changes that will Every Nevadan and all Americans that period of time. The Republicans lead to life and growth. should be happy today and use it as a will control the first 30 minutes and Grant this Senate grace so to align reminder to commit themselves to sav- the majority will control the final 30 its will with Yours, that through this ing money and reducing pollution by minutes. Following morning business, body, Your vision and purpose for this using energy more efficiently. the Senate will turn to executive ses- Nation and for the world may be ac- A Senator from Wisconsin named complished. Amen. sion to debate the nomination of Denny Chin to be U.S. circuit judge for Gaylord Nelson created Earth Day 40 f the Second Circuit. There will be an years ago. He did it after having vis- PLEDGE OF ALLEGIANCE hour for debate prior to a vote on con- ited, in his official capacity, a dev- firmation of the nomination. astating oil spill off the coast of Cali- The Honorable HARRY REID led the fornia near Santa Barbara. He came Pledge of Allegiance, as follows: f back and said to his staff: We need to I pledge allegiance to the Flag of the EARTH DAY do more to protect the environment. United States of America, and to the Repub- Give me some ideas. lic for which it stands, one nation under God, Mr. REID. Madam President, today is indivisible, with liberty and justice for all. the 40th anniversary of Earth Day. It is The idea started out originally to be a day where they would march, and f an annual reminder of what we have the power and responsibility to do in someone came up with the idea, APPOINTMENT OF ACTING our daily lives. It is a call to recommit though, that rather than ‘‘birthday,’’ PRESIDENT PRO TEMPORE ourselves to finding the right balance ‘‘Earth Day’’ had a ring to it. That is The PRESIDING OFFICER. The that preserves our larger environment how Earth Day was born. It came at a clerk will please read a communication even as we live in it and use it. Earth time when we didn’t have the Internet. to the Senate from the President pro Day is also an opportunity for us to ap- It was done mostly by word of mouth. tempore (Mr. BYRD). preciate the great outdoors, spaces Just before the first Earth Day, Gay- The bill clerk read the following let- that are nowhere more beautiful than lord Nelson came to the Senate floor ter: in Nevada. and warned:

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

S2535

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2536 CONGRESSIONAL RECORD — SENATE April 22, 2010 America has bought environmental dis- and that the time be charged to the that we may be close to an agreement. aster on the installment plan: Buy affluence majority. I hope that means we now have the po- now and let future generations pay the price. The PRESIDING OFFICER. Without litical will to address substantive con- Four decades later, we must do more objection, it is so ordered. cerns and move forward with this bill. to get ourselves off that plan. We must f When I was elected to the Senate, I do more to cultivate a society where vowed to make Washington look a lit- FINANCIAL REGULATORY REFORM fulfilling our responsibilities to nature tle bit more like Montana. I hope we becomes second nature. Mr. TESTER. Madam President, I can show the people of Montana we I didn’t know Gaylord Nelson, but I rise to talk a little bit about the Wall have the can-do attitude they expect in certainly feel I knew him because of Street reform bill that the Senate addressing problems of this magnitude the great work he has done. I have Banking Committee has been working and in moving America out of this fi- many of these Earth Days in Nevada. It on for the last 6 months. It is my hope nancial crisis. is really a day of celebration. we can get this bill through this body The American people are watching. That is something we have to do. We and off the floor very soon. Montanans are still steaming mad have to do everything we can to pro- In the past 48 hours, I have been very about the $700 billion bailout. I, similar tect our environment. encouraged by what I have heard as far to them, have a hard time under- Would the Chair announce morning as the progress of negotiations between standing why we have not set the rules business now. Chairman DODD and Senator SHELBY. I yet, rules to prevent the risky behavior f urge my colleagues to keep up the good that got us into this mess nearly 2 work but remind them that actions years ago. RESERVATION OF LEADER TIME speak louder than words and that now Let me say to all my friends in this The PRESIDING OFFICER. Under is the time for action. Chamber: We have waited long enough. the previous order, the leadership time So my message is clear. Let’s get this We simply cannot afford to wait any is reserved. done. I hope we are now at a point be- longer to reform Wall Street. Doing f yond creating rhetoric, where we can nothing is not an option. Passing a wa- get down to resolving outstanding MORNING BUSINESS tered-down version of this bill is also issues in a constructive way. We need not an option. To do either of those The PRESIDING OFFICER. Under to end the era of too big to fail once would leave us in a vulnerable position, the previous order, there will now be a and for all and end taxpayer-funded vulnerable to another collapse. period of morning business for 1 hour, bailouts that came with that too big to I yield the floor and I suggest the ab- with Senators permitted to speak fail. sence of a quorum. therein for up to 10 minutes each, with I voted against both bailouts of Wall The PRESIDING OFFICER. The the Republicans controlling the first 30 Street and the U.S. auto industry be- clerk will call the roll. minutes and the majority controlling cause I thought taxpayers were getting The bill clerk proceeded to call the the final 30 minutes. a raw deal. I do not believe in bailouts. roll. Mr. REID. I suggest the absence of a But I do believe in making sure there Ms. LANDRIEU. I ask unanimous quorum and ask that the time be used are referees on Wall Street to make consent that the order for the quorum against both the Democrats and the sure the big banks and the investment call be rescinded. Republicans. firms play by the rules to make sure The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without taxpayers and Main Street small busi- objection, it is so ordered. objection, it is so ordered. nesses do not pay the price of the sins Ms. LANDRIEU. Madam President, I Mr. REID. Madam President, the of Wall Street. ask unanimous consent to speak as in first 30 minutes is under the control of The strong resolution authority and morning business for up to 5 minutes. the Republicans. prefunding mechanism included in this The PRESIDING OFFICER. Without The PRESIDING OFFICER. That is bill will strengthen taxpayer protec- objection, it is so ordered. correct. tions. Requiring big Wall Street com- f Mr. REID. If I asked that the time be panies to pay into this fund and forcing counted equally, then the Democrats failing firms into bankruptcy is not TAKE OUR DAUGHTERS AND SONS who are waiting to come after a half going to lead to more bailouts; it, in TO WORK DAY hour expires will not be able to get fact, will have the opposite effect. Ms. LANDRIEU. Madam President, I their full half hour. So I suggest the But if my Republican colleagues have am so pleased to come to the floor this absence of a quorum, and because it is other ideas about how to provide morning to acknowledge that in the the Republicans’ time, the time should strong resolution authority to protect Capitol today there are 17 young be used as to their time, preserving the taxpayers, I look forward to working women from Louisiana, Florida, New 30 minutes we have because we have with them. So let’s stop the rhetoric York, and Washington who are my spe- speakers who want to come here. and get down to the business our con- cial guests for Take Our Daughters and Madam President, I don’t know if stituents sent us to do. We need to ad- Sons to Work Day, which is today. I you granted my previous request. If dress the worst financial calamity will submit their names for the RECORD you did, I ask that the present request since the Great Depression. to show that these young men and be the order of the day. Let me also say how much I appre- women have spent the day working The PRESIDING OFFICER. Without ciate the work of my colleagues who with me in the Senate. objection, it is so ordered. have been willing to talk in a thought- I also wish to acknowledge the Ms. The clerk will call the roll. ful way about these issues. I wish to Foundation that created such an excit- The bill clerk proceeded to call the say thank you to Senator CORKER for ing, popular, very effective, and useful roll. speaking the truth, for rightly noting day for our country to celebrate, al- Mr. TESTER. Madam President, I that some of the concerns that have most 17 years ago to this day, this ef- ask unanimous consent that the order been raised in this bill could have been fort where thousands of young people, for the quorum call be rescinded. resolved in 5 minutes. perhaps even millions, are today with The PRESIDING OFFICER. Without After listening to some of my col- their parents at places of work, explor- objection, it is so ordered. leagues on the floor yesterday, I think ing opportunities for themselves and Mr. TESTER. Madam President, I as- our concerns may be more alike than their future, understanding a little bit sume we are in morning business and unalike. I am hopeful we can work to- better how our economy works, how we can proceed. gether to address common concerns. our country works. The PRESIDING OFFICER. The time Everyone knows we have a pretty I know there are several Senators, in- is currently controlled by the minor- good bill. My good friend, Senator cluding Senator DODD, who are partici- ity. SHELBY, says he agrees with 80 to 90 pating with me in this event. There are Mr. TESTER. I ask unanimous con- percent of what is in this bill. I am literally hundreds of young people sent that I would be allowed to speak heartened by the newspapers yesterday throughout the Capitol today enjoying

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Barbe High School, Mariah this question of ‘‘whose side are you Obama economic working group—that Celestine, Lake Charles, LA; from Country on’’ had such dramatic consequences these issues are too complex to under- Day School, Isabel Coleman, New Orleans, for the economic lives of millions of stand. Really? Is that what happened LA; from St. Peters School, Dominique Americans. Over 2 million people have when Bernie Madoff literally made off Cravins, Washington, DC; from Amite West lost their homes, many going into with millions of investors’ life savings Side Middle School, Sarah Ellen Edwards, bankruptcy, 7.3 million jobs have been in a Ponzi scheme? It was not complex. Amite, LA; from Georgetown Day School, Caroline Gottlieb, Washington, DC; from lost, and our government has put some- And regulators were either afraid, lazy, A.E. Phillips Lab School, Devin Herbert, thing like $24 trillion on the line to or paid off when they failed to ask a Ruston, LA; from Georgetown Day School, help Wall Street in this meltdown— simple question: Let me see your Sydney Kamen, Washington, DC; from Alex- something taxpayers will be paying for books. When we deregulated energy andria Country Day School, Larkin Massie, decades, to say nothing of the kids who markets and Enron had at least one Alexandria, VA; Emma May, Lafayette, LA; will not go to college because college manipulation scheme for every day of from Mount Carmel Academy, Ebony Marie tuition went up 32 percent or workers the week—Death Star, Get Shorty, Morris, New Orleans, LA; from Miami Coun- whose 401s have been wiped out, mak- Ricochet, Fat Boy, just to name a try Day School, Isabela Osorio, Miami Beach, FL; from Miami Country Day School, ing it almost impossible to retire. few—these issues were not complex; it her sister, Megan Osorio, Miami Beach, FL; The American people have been let was simply shorting supply to drive up from Episcopal High School, Natalie Ross, down by those involved in government the price. Plaquemine, LA; from Rye High School, oversight who have feigned: Oh, this No, the issue is not complexity. It is Heather Schindler, Rye, NY; from George- stuff is too complex for us to under- about the central issue of markets. town Day School, my own daughter, Mary stand. We better listen to those outside They have to have transparency and Shannon Snellings, Washington, DC; from interests. They understand this better oversight to operate effectively. Never Ernest Gallet Elementary, Cathy Tran, than I do. more have the American people been Lafeyette, LA; and from Acadiana Christian counting on their Members of Congress School, Savannah Trumps, Lafayette, LA. It takes a mighty man, who was in control of our financial markets for to act like David against the big Goli- I thank them for joining me today in nearly two decades, like Fed Chairman ath, Wall Street interests. the Senate. I encourage all Senators Alan Greenspan to admit his philos- We have been repeatedly warned and staff to think about this day as an ophy was wrong. But it took even more about derivatives. The Long-Term Cap- opportunity for young people to come dogged oversight by the likes of HENRY ital Management crisis almost took to the Capitol and learn about what we WAXMAN to take a subject that some down the world economy in 1998 be- do, have a fuller appreciation for the people think is too complex to under- cause it started using complex mathe- way our government works. I particu- stand and boil it down to a simple yes- matical formulas to do derivatives. larly thank majority leader HARRY or-no question. Then-Chairman Brooksley Born of REID, who has been very supportive of Congressman WAXMAN to Mr. Green- the Commodity Futures Trading Com- this day, allowing a tour of the Senate span: mission proposed regulating deriva- floor earlier this morning, having spe- Mr. Greenspan, the premise that you could tives. That was her agency’s primary cial events throughout the complex. I trust markets to regulate themselves, were role. Not only was she told by the thank him for his special interest in you wrong? President’s working group she could this occasion. Mr. Greenspan, in response: not, they helped mastermind a strat- I yield the floor and suggest the ab- Yes. egy with Congress to stop her. So in- sence of a quorum. stead of regulating derivatives, Con- Mr. WAXMAN to Mr. Greenspan: The PRESIDING OFFICER. The gress passed a law making sure the clerk will call the roll. Mr. Greenspan, you found that your view oversight agency could not regulate . . . your ideology was not right. The bill clerk proceeded to call the them. And just for extra measure, we roll. Mr. Greenspan, in response: also prohibited State attorneys general Ms. CANTWELL. Madam President, I Precisely. from regulating them as well. ask unanimous consent that the order This debate we are about to have on Well, why, if you were on Wall for the quorum call be rescinded. financial reform, in my mind, is really Street, would you ever worry about The PRESIDING OFFICER. Without about the backbone of Congress. The what exotic financial tools you were objection, it is so ordered. central issue before us today is wheth- cooking up if you knew there was no f er Congress is going to continue to oversight? Let me say that there are trust Wall Street and those who rep- people on Wall Street who operate FINANCIAL REGULATORY REFORM resent them because there is too much ethically, without fraud, without ma- Ms. CANTWELL. Madam President, complexity for Congress to understand. nipulation, and provide an essential this speech is not meant to target or Really? Is it any more complicated tool to our economy and functioning malign anyone. It is simply to talk than national security or the Medicare markets. But when you take away the about the responsibilities we have as GPCI reimbursement formulas or our accountability of Wall Street, some- Members of Congress to our constitu- Tax Code in general? Really? Is it too thing happens to the accounting on ents. complicated? Wall Street. Our country has been rocked by a fi- P.J. O’Rourke, at a recent dinner We have had many votes here in the nancial crisis of epic proportions, one honoring journalists, said: last 10 years to regulate and have over- that will have Americans paying for It’s a fundamental principle of the rule of sight of the derivatives market and generations to come. It has shaken the law, a fundamental principle of economics, bring them out of the dark, and those public’s faith not only in Wall Street and a fundamental principle of politics. . . . efforts have primarily failed because but in this institution, the Congress. that beyond a certain point, complexity is the so-called smartest guys in the Whether it is Enron or Amaranth or fraud. room stopped us. Did it really take an- Bernie Madoff or the Wall Street bail- I agree with him. How is it that aver- other near 1933 Depression to remind us out, the American people are asking age Americans know that a back-alley of our fundamental role? I ask my col- themselves a fundamental question: craps game with fixed dice is a no-win leagues to check their previous votes Can I even trust those guys in Wash- situation, yet a dark market with fixed on derivatives and tell me whether ington to look out for me when it financial instruments is allowed to they still want to vote the same way. comes to the special interests creating carry on for more than a decade under My constituents have been so dis- rules of the game that tilt the board in the mischaracterized title of ‘‘free gusted by our lack of holding Wall their favor? market’’? Street accountable, they have said: If

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2538 CONGRESSIONAL RECORD — SENATE April 22, 2010 you can’t beat them, then at least ing Goldman Sachs of securities fraud stroyed, 4.4 million jobs which have already break them up. So I will be offering an in a civil lawsuit has brought intense been lost, and the unemployment rate now amendment to return us to Glass- public concern to conduct on Wall exceeds 8 percent. Steagall, the law of the land previous Street which has long been questioned. In the intervening year, a total of 6.5 to 2000, to help protect consumers for According to the SEC complaint, Gold- million jobs are now the total lost, and decades. And I will be offering an man permitted a client who was bet- the unemployment rate stands at 9.7 amendment to strengthen our ting against the mortgage market to percent. antimanipulation laws to make sure heavily influence which mortgage secu- I have long been concerned about the that if manipulation happens in the fu- rities to include in the portfolio. Gold- acceptance of fines instead of jail sen- ture, there will be a price to be paid. man then sold the investments to pen- tences in egregious cases. There are I will also say that my constituents sion funds, insurance companies, and many illustrative cases, but three will want us to get this right and get cap- banks. The client was betting the secu- suffice to make the point. In each of ital flowing to small business. While rities would decline in value based on these cases, I registered my complaint Treasury turned the keys over to Wall his knowledge of the underlying value. with the Department of Justice. Street to bail them out, small business Similar practices have been defended First: On September 2, 2009, Pfizer is still being strangled by the lack of by investment bankers on the ground agreed to pay $2.3 billion to resolve access to capital. that the investors are sophisticated criminal and civil liability for commit- As one quote says: and have a duty to protect themselves ting health care fraud for selling This then is more than the tale of one com- without relying on the investment Bextra, for off-label uses the FDA de- pany’s fall from grace. It is at its base the counsel. There is a contention that the story of a wrenching period of economic and clined to approve because they were political tumult as revealed through a single only issue is whether the investments unsafe. For a company with revenues corporate scandal. It is a portrait of America are suitable, with the denial that there in excess of $48 billion and an income in upheaval at the turn of the century, torn is a fiduciary duty. That defense fur- in excess of $8 billion in fiscal year between the worship of fast money and its ther contends that there is no conflict 2008, it was chalked off as the cost of zeal for truth, between greed and high mind- of interest. doing business. edness, between Wall Street and Main Some of the issues to be considered The second case: On December 15, Street. Ultimately it is a story of untold at the hearing to be held by the Crimi- damage wreaked by a nation’s folly—a folly 2008, Siemens AG entered guilty pleas that in time we are all but certain to see nal Law Subcommittee of the Judici- to violations of the Foreign Corrupt again. ary Committee on May 4 are the fol- Practices Act and agreed to pay $1.6 I wish that quote was about our cur- lowing: billion in fines, penalties, and rent crisis that started in 2008, but it is First: Precisely what are the struc- disgorgements with no jail sentences. not. That quote is from a book called tures of the complex commercial trans- Again, that amounts to a calculation ‘‘Conspiracy of Fools’’ by Kurt actions involving securitizing mort- as part of the cost of doing business for Eichenwald that was written in 2005. gages, selling short hedge funds, de- a company which had revenues of $104 He warned us that what was happening rivatives, et cetera? billion and a net income of $2.5 billion was just a tremor leading up to a mas- Second: Under what circumstances, if in fiscal year 2008, after the penalty. sive earthquake that was about to hap- any, do the investment bankers have a The third case, briefly: On May 8, pen. We did not listen. Are we listening fiduciary duty to the investors? 2007, Purdue Pharma agreed to pay now? Third: Where, if at all, do conflicts of $19.5 million to 26 States to settle com- I am going to be working with my interest arise in such transactions? plaints that Purdue encouraged physi- colleagues to offer several amendments Fourth: Is there a legitimate distinc- cians which prescribed excessive doses on the floor to strengthen this legislation between the investment council’s of OxyContin in violation of an FDA tion, to make it the strongest legisla- duty to provide only a ‘‘suitable’’ in- ruling which resulted in numerous tion possible, to be accountable to my vestment without a fiduciary duty in- deaths. Company officials paid fines, constituents, and to make sure we are volved? nobody went to jail; again, part of the putting derivatives back into the clear Fifth: When the investment banker cost of doing business. light of day. recommends or offers an investment, is From my days as district attorney of Madam President, I yield the floor. there an implicit representation that it Philadelphia, where my office con- The PRESIDING OFFICER. The Sen- is a good investment? victed the chairman of the Housing Au- ator from Pennsylvania. In my judgment, Congress should ex- thority, the Stadium Coordinator, the f amine these complicated transactions deputy commissioner of Licenses and with a microscope and make a public Inspections, and others, my experience IMPROPER PRACTICES ON WALL policy determination as to whether STREET has convinced me that criminal pros- such conduct crosses the criminal line. ecutions are an effective deterrent. Mr. SPECTER. Madam President, I Congress should investigate and hold The deterrent effect of prison was thank the Chair. I have sought recogni- hearings to find the facts. Congress succinctly stated by Mr. William Mer- tion to comment briefly on a hearing should then define what is a fiduciary cer, chairman of the Sentencing Guide- which will be held by the Criminal Law relationship, what is a conflict of inter- line Subcommittee of the Attorney Subcommittee of the Committee on est, and what conduct is sufficiently General’s Advisory Committee, on be- the Judiciary on May 4 concerning al- antisocial to warrant criminal liability half of the Department of Justice, in a legations of improper practices on Wall and a jail sentence. 2003 publication. He said: Street. As a starting point, it should be em- In light of the allegations of mis- phasized that the SEC complaint con- [W]e believe that the certainty of real and significant punishment best serves the pur- conduct on Wall Street in recent years tains allegations which have yet to be and the consequential damages to the pose of deterring fraud offenders and particu- proved. The numerous newspaper sto- larly white collar criminals. [O]ffenders usu- economy of the United States and ries and other media reports are hear- ally decide to commit fraud and other forms worldwide, serious consideration say, so the task remains to find the of white collar crimes not with passion, but should be given to whether civil liabil- facts. These inquiries on Wall Street only after evaluating the cost and benefits of ity and fines are sufficient or whether practices are being made in the context their actions. If the criminally inclined jail sentences are required to deal with that they triggered or at least contrib- think the risk of prison is minimal, they will such conduct and as a deterrence to uted to a global financial crisis. view fines, probation, home arrest, and community confinement merely as a cost of others. With civil liability or a fine, Larry Summers, on March 13, 2009, the companies or individuals calculate doing business. We aim to remove the price said: tag from a prison term. We believe that if it it as part of the cost of doing business, On a global basis, $50 trillion in global is unmistakable that the automatic con- but a jail sentence is enormously dif- wealth has been erased over the last 18 sequence for one who commits a fraud of- ferent. months. That includes $7 trillion in the U.S. fense is prison, many will be deterred, and at The charges brought by the Securi- stock market wealth which has vanished, $6 least those who do the crime will indeed do ties and Exchange Commission accus- trillion in housing wealth which has been de- the time.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2539 These are some of the considerations Pursuant to our Senate rules which plain why they have delayed this vote which will be taken up at the sub- were enacted after bipartisan efforts, for 19 weeks. committee hearing. those Republican Senators who are ob- The Judiciary Committee unani- I thank the Chair and I yield the jecting have an obligation to come for- mously voted to report Judge Chin’s floor. ward and justify those objections. I am nomination last December—all Repub- f going to be interested to see which licans and all Democrats. None of the Senators are objecting to proceeding Republican Senators serving on the CONCLUSION OF MORNING on 18 judicial nominees. Eighteen committee opposed it—not Senators BUSINESS nominees who were reported unani- SESSIONS, HATCH, GRASSLEY, KYL, The PRESIDING OFFICER. Morning mously—every Democrat, every Repub- GRAHAM, CORNYN, or Senator COBURN. business is closed. lican in support of them from the Judi- Not one. He is an outstanding district f ciary Committee—and then they are court judge. He has the strong support EXECUTIVE SESSION held by these secret holds. I will be in- of both of his State’s Senators and a terested in knowing what basis there is number of conservative leaders. Yet his for not proceeding on those 18 nomi- nomination has been stuck on the cal- NOMINATION OF DENNY CHIN TO nees. In fact, I would like to know why endar since December. He has been BE UNITED STATES CIRCUIT we can’t proceed to the 11 Justice De- waiting 133 days for the Senate to act. JUDGE partment nominees who were reported Contrast this with the practice Demo- The PRESIDING OFFICER. Under without objection—U.S. attorneys, crats followed during the first 2 years the previous order, the Senate will pro- U.S. marshals, and Directors of impor- of the Bush administration when we ceed to executive session to consider tant institutes and bureaus within the proceeded to vote on his circuit court the following nomination which the Justice Department. Most of these peo- nominations, on average, within 7 days clerk will report. ple are involved with critical law en- of their being reported by the Judici- The legislative clerk read the nomi- forcement matters. These stalled nomi- ary Committee. Now we wait 133 days nation of Denny Chin, of New York, to nations extend back into last year, and more. be United States Circuit Judge for the even though they had unanimous sup- This dramatic departure from the Second Circuit. port from the committee, Republicans Senate’s traditional practice of prompt The PRESIDING OFFICER. There is and Democrats alike. Even though and routine consideration on non- 60 minutes, equally divided, on this most of them are in key law enforce- controversial nominations has led to a nomination. ment positions, they have been backlog of nominations and a histori- The Senator from Vermont. stopped, they have been held up, they cally low rate of judicial confirma- Mr. LEAHY. Madam President, yes- have been stalled. This is wrong, and it tions, and it damages the integrity of terday the Senate was forced to devote should end. our courts. Our Federal system of the entire day to so-called ‘‘debate’’ on Today, the Senate has another oppor- judges has been the envy of most other two nominations that Republican ob- tunity to make progress by completing countries because we keep them out of jections had stalled for months. The action on the long-stalled nomination politics. Here we are sinking them into good news is, the majority leader’s fil- of Judge Denny Chin of New York to politics. ing of cloture motions to end the fili- the U.S. Court of Appeals for the Sec- In fact, by this date in President busters on these nominations suc- ond Circuit, which is the circuit of the Bush’s Presidency, the Senate had con- ceeded. The votes took place. Each was distinguished Presiding Officer and of firmed 45 Federal circuit and district confirmed with more than 70 votes, a this Senator. The vacancy he has been court judges. As of today, only 19 Fed- bipartisan majority of the Senate. The nominated to fill, which has been de- eral circuit and district court con- debate amounted to statements by layed by some anonymous Republican firmations have been allowed by the Senators in support of the nomina- objection, has been classified as a judi- Republicans. This is despite the fact tions. Let me emphasize that. The only cial emergency by the nonpartisan Ad- that President Obama began sending people who spoke, spoke in support of ministrative Office of the U.S. Courts. judicial nominations to the Senate 2 the nominations. During the entire It is not unusual. There are 40 other ju- months earlier than President Bush day, not a single Republican Senator dicial emergency vacancies and judges did, so the Senate is way behind the came to the floor to oppose the nomi- being held up. It is one of the four cur- pace we set during the Bush adminis- nations, nor did a single Senator come rent vacancies in the Second Circuit’s tration. to the floor to explain why there have panel of 13 judges. All are judicial In the second half of 2001 and through been months of delay that left a key of- emergencies. Almost one-quarter of the 2002 the Senate confirmed 100 of Presi- fice of the Justice Department without court is being held vacant. That is dent Bush’s judicial nominees. Given a head for the last year. None came to wrong. Republican delay and obstruction this explain why their objections left a It reminds me of the years during the Senate will not likely achieve half longstanding vacancy in the U.S. Court Clinton administration when similar that. Last year the Senate was allowed of Appeals for the Third Circuit. Republican practices led to Chief Judge to confirmed only 12 Federal circuit Instead, there was silence. There is Winter, himself a Republican, having and district court judges all year. That no explanation for what continues to to declare the entire circuit an emer- was the lowest total in more than 50 be a practice by Senate Republicans of gency in order to continue to operate years. Meanwhile, judicial vacancies secret holds and a Senate Republican with panels containing only a single have skyrocketed to more than 100. leadership strategy of delay and ob- Second Circuit judge. That is wrong. Judge Chin is a well-respected jurist struction of President Obama’s nomi- During that era, we had 61 pocket fili- who is widely celebrated for one of his nations. That is wrong. busters of a Democratic President’s most newsworthy decisions in which he Throughout the week, a number of judges. That is wrong. sentenced Ponzi scheme operator Ber- Senators have come before the Senate Yesterday, Republicans insisted on 3 nard Madoff to 150 years in prison. He to discuss this untenable situation. hours of ‘‘debate’’ before a vote on previously served for 4 years as a Fed- They have asked for consent to proceed Judge Vanaskie and another 3 hours of eral prosecutor, and he spent a decade to scores of nominations that are to- ‘‘debate’’ for a vote on Professor as a lawyer in private practice. You tally noncontroversial. Yet Repub- Schroeder, but none of them came would think they would be saying: Why licans objected because, after all, these down to debate. Then they were both don’t we move forward with the man nominees had committed the horrible confirmed by overwhelming margins. who sentenced Bernie Madoff? It is al- sin of being nominated by a Demo- We should be thankful that today they most as if we are punishing him for cratic President. It makes no sense. I have insisted on only 1 hour before this going after Bernie Madoff. am in my 36th year in the Senate. I long overdue vote. I will be interested In fact, Judge Chin’s impressive have never seen anybody treat any to see whether a single Republican track record garnered the respect of President, Republican or Democratic, Senator comes to speak in opposition former judge and former Attorney Gen- in this way. of Judge Chin’s nomination or to ex- eral Michael Mukasey who wrote to the

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2540 CONGRESSIONAL RECORD — SENATE April 22, 2010 Judiciary Committee: ‘‘I believe him to Mrs. BOXER. Madam President, I ask 10. The debt has increased over $2 tril- be an intelligent and highly qualified unanimous consent that the vote on lion since he took office. In February, nominee, who brings to the job not the confirmation of the nomination of the Federal Government ran the larg- only experience but also demonstrated Denny Chin to be a U.S. circuit judge est monthly deficit in the history of good judgment and skill. He . . . [has] for the Second Circuit occur at 12 noon the United States. a temperament that has shown him to today, and that the time until then be How about the bailouts? The Presi- be both firm and fair.’’ divided as previously ordered; further, dent said he didn’t come into office so James Comey, a former Deputy At- that the other provisions of the pre- he could take over companies. But torney General and the former U.S. At- vious order remain in effect, and that whether or not that is the case, Ameri- torney in the Southern District of New upon confirmation, the Senate then re- cans can’t help but notice that some York, echoed this praise. ‘‘In a district turn to legislative session and proceed people did better than others. When it with many fine trial judges, he was a to a period of morning business with came to bailing out the car companies, star—smart, fair, honest, careful, firm, Senators permitted to speak therein the unions fared a lot better than any- apolitical, and a brilliant writer. . . . for up to 15 minutes each. one else. [W]hile always in control of the pro- The PRESIDING OFFICER. Without What about jobs? Last year, the ceedings, he never lost the sense of hu- objection, it is so ordered. White House rushed a stimulus bill mility that allowed him to listen to an Mrs. BOXER. Madam President, I through Congress because it said we argument with an ear toward being yield the floor, and I suggest the ab- needed to create jobs. They said we convinced and to give all a fair hear- sence of a quorum. needed to borrow the $1 trillion it cost ing,’’ wrote Mr. Comey. The PRESIDING OFFICER. The the taxpayers to keep unemployment Judge John S. Martin, appointed by clerk will call the roll. from rising above 8 percent. Well, more President George H.W. Bush, wrote to The assistant legislative clerk pro- than a year later, unemployment is emphasize that Judge Chin ‘‘is an exceeded to call the roll. hovering around 10 percent. All told, ceptionally able lawyer’’ and a ‘‘decent Mr. MCCONNELL. Madam President, we have lost nearly 4 million jobs since and thoughtful individual . . . who has I ask unanimous consent that the order the President was sworn in. earned the respect of those who have for the quorum call be rescinded. Then there was health care. I will appeared before him.’’ The PRESIDING OFFICER. Without leave aside the substance for a moment When Judge Chin is confirmed today, objection, it is so ordered. and just talk about the process. Ameri- he will become the only active Asian RECOGNITION OF THE MINORITY LEADER cans were told the process would be Pacific American judge to serve on a The PRESIDING OFFICER. The Re- completely transparent, that all the Federal appellate court. He was also publican leader is recognized. negotiations would be broadcast live on the first Asian Pacific American ap- FINANCIAL REGULATORY REFORM C–SPAN. Instead, they got a partisan pointed as a U.S. district court judge Mr. MCCONNELL. Madam President, back-room deal that was rammed outside the Ninth Circuit. in the fall of 2008, I reluctantly voted through Congress during a blizzard on I cannot understand the stall of this for a bill that sent taxpayer money to Christmas Eve. nomination. It is time that we get to Wall Street banks that should have This is the context for the debate we work. Let’s move the people who paid for their own mistakes. We were are currently in. So it should come as should be moved forward. Let’s get on told it was needed in order to avert a no surprise to anyone that when we are with our job. After all, the American global calamity. So I did it. Then I talking about a giant regulatory republic pays us well to do this job. They went back to my constituents and form bill, the American people aren’t pay us to vote yes or no. They don’t vowed: Never again. Never again should all that inclined to take our word for it pay us to vote maybe. With all of these taxpayers be on the hook for reckless- when we say it doesn’t allow for bail- stalls, we are saying we want to vote ness on Wall Street, and no financial outs or that it will not kill jobs or that maybe. Come on, let’s have the guts to institution should be considered too it won’t enable the administration to vote yes or no. big to fail. pick winners or losers. They have Today I look forward to congratu- So when the financial regulatory bill heard all that before, and they have lating Judge Chin and his family on the majority was about to bring to the been burned. This time, they want us this historic achievement. I commend floor last week still contained a num- to prove it. both Senator SCHUMER and Senator ber of loopholes allowing future bail- The first thing they want us to prove GILLIBRAND for their persistence in outs, I raised the alarm. I wasn’t about is that this bill ends bailouts. That was supporting this important nomination to take Democratic assurances that the one thing this bill was supposed to and bringing this matter to fruition. this bill protected taxpayers. I wanted do, and if this bill didn’t do anything His confirmation is long overdue. them to prove it. That is what this de- else but that, a lot of people would be I suggest the absence of a quorum. bate is all about. It is about proving to satisfied. The administration has said The PRESIDING OFFICER. The my constituents and to the rest of the it wants to end bailouts. I say to them: clerk will call the roll. country that we actually do what we Prove it. The legislative clerk proceeded to say we are going to do around here be- Some of us have pointed out concerns call the roll. cause if you haven’t noticed, there is a that this bill would give the adminis- Mr. LEAHY. Madam President, I ask serious trust deficit out there. Public tration the authority to use taxpayer unanimous consent that the order for confidence in government is at one of funds to support financial institutions the quorum call be rescinded. the lowest points in half a century. at a time of crisis. Yes, the bill says The PRESIDING OFFICER. Without Nearly 8 in 10 Americans now say they taxpayers get the money back later, objection, it is so ordered. do not trust the government and have but that sounds awfully familiar. Isn’t Mr. LEAHY. Madam President, I ask little faith it can solve America’s ills. that exactly what we did with the first unanimous consent that the time dur- And it is no wonder. bailout fund—a bailout fund Americans ing the quorum call be charged equally Over the past year, the American were promised would be repaid but to both sides, and I suggest the absence people have been told again and again which Democrats are now trying to of a quorum. that government was doing one thing raid in order to pay for everything else The PRESIDING OFFICER. Without when it was doing another. Just think under the Sun? objection, it is so ordered. The clerk about some of the things Americans If a future administration thinks will call the roll. have been told. there is a crisis that requires using The legislative clerk proceeded to As a Senator, the current President taxpayer funds, then they should have call the roll. rallied against deficits and debt. He to get permission from the taxpayers Mrs. BOXER. Madam President, I ask said America has a debt problem and first. It is not enough for someone in unanimous consent that the order for that it was a failure of leadership not the administration to say it is so; they the quorum call be rescinded. to address it. Yet last year, his admin- need to come to Congress before they The PRESIDING OFFICER. Without istration released a budget that dou- write the check. If this bill isn’t like objection, it is so ordered. bles the debt in 5 years and triples it in the first bailout, prove it.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2541 As I said, we have seen in other bail- from Louisiana to be aware that I in- U.S. Government’s response down in outs that some are treated better than tend to do that again. Louisiana. others. This bill appears to enable the Let me say I am going to be back Well, I would simply say to the folks same thing by allowing the FDIC to this afternoon to talk about the in New Orleans and Louisiana: You treat creditors with equal claims dif- START treaty and also to talk about know what life would be like were this ferently. If the proponents of this bill financial reform and a couple of issues money and were the Corps not down think this bill does not allow the ad- that are important to me, particularly there with the billions of dollars that ministration to pick winners and los- the issue of too big to fail and the issue have now been spent. I think it is im- ers, they need to prove it. of, what I call just gambling on naked portant to understand the value of that This bill also contains a number of credit default swaps. I will talk about cooperation and the value of that part- provisions that threaten the ability of both of those this afternoon. nership. small businesses to hire new workers. But when I come this afternoon, I am I understand there are some things Other provisions would send jobs over- going to ask unanimous consent on the about which people disagree. One of the seas. And just this morning, the Wall nomination or the promotion of Gen- issues raised by my colleague is an Street Journal pointed out a provision eral Walsh. Let me again describe why issue of the pumping stations down that would put new regulatory burdens this is important. there. There is a disagreement about on startup businesses that would make General Walsh is a decorated Amer- how they should proceed. He is de- it harder for them to get off the ican soldier, served 30 years in the U.S. manding they proceed with a study in ground. If this bill doesn’t create new Army. He now commands a division of the manner that he determines it burdensome regulations that will make the U.S. Army Corps of Engineers. He should proceed. My point is, the Appro- it harder for Americans to dig them- has served in wartime. He has served in priations Committee has already voted selves out of this recession, then prove Iraq. Six months ago, on a bipartisan against that and said: We will not do it. Prove it. vote, unanimous vote, the Armed Serv- it. No. 1, it costs more; and, No. 2, it Every indication is that the chair- ices Committee decided to promote provides less flood protection. So we man and the ranking member are mak- this general to major general, give this are not going to do that. ing progress in their discussions and one-star general a second star. And 6 To demand that be done, which the that this bill will have needed improve- months later, this general has not been Corps does not have the authority to do ments. That is good. Some of the con- promoted. This person with a distin- at this point, and as leverage for that cerns I have just raised are among the guished Army career has not received demand to hold up for 6 months the topics being discussed. But in the end, his promotion. His promotion has been promotion of a distinguished soldier Americans are not rooting for some derailed by one Member of the Senate. who has served in wartime, I think, is deal. They have asked us for clarity. That Member has the right to object, unbelievable. They are asking us, not for verbal as- and so he has objected to the pro- So this afternoon I will come again surances but for concrete proof, be- motion for this general. and ask unanimous consent once again cause at the end of the day I need to be My point has been that the objection that this soldier get the promotion able to look my constituents in the eye to promoting a general with a distin- that he is owed and deserves. Senator and prove to them that this bill does guished wartime record and a distin- JOHN MCCAIN, Senator CARL LEVIN, the not allow for any bailouts. I need to guished record for 30 years is an objec- ranking member and the chairman of prove to them that this bill doesn’t tion based on a demand from one Mem- the Armed Services Committee, both treat some favored groups better than ber of the Senate that the Corps of En- support this promotion. The entire others. I need to prove to them that gineers do something that the Corps of Armed Services Committee voted for it this strengthens the economy, that it Engineers has already told the Senator unanimously, and yet 6 months later doesn’t make it worse. it does not have legal authority or this soldier is not promoted. People need to be convinced that we legal ability to do. I can understand people using a lot of are doing what we are saying we are As I have indicated on two other oc- leverage around here for various doing. This time they want proof and, casions, I do not come to the floor to things. I have used some leverage my- frankly, I don’t blame them. criticise another Member by name. I self on certain things. But I do not un- I suggest the absence of a quorum. have never done that before by name. derstand someone using the career of a The PRESIDING OFFICER. The But I did tell Senator VITTER from soldier to make demands that cannot clerk will call the roll. Louisiana that I intended to do that. possibly be met. If he continues to do The assistant legislative clerk pro- As a matter of courtesy, I wanted him that for 6 or 16 months, the situation ceeded to call the roll. to know. I think it is wrong. I think it will be the same as it is now because Mr. DORGAN. Madam President, I is a horribly bad decision for him to de- the Corps of Engineers cannot do what ask unanimous consent that the order cide that he is going to hold up the pro- the Senator from Louisiana is demand- for the quorum call be rescinded. motion of a general who served this ing they do. The PRESIDING OFFICER. Without country for 30 years because he is de- It is simply, in my judgment, using objection, it is so ordered. manding certain things for New Orle- this soldier’s career as a pawn. That is STALLED NOMINATIONS ans and Louisiana the Corps of Engi- terribly unfair to any uniformed sol- Mr. DORGAN. Madam President, I neers says it cannot do and does not dier who serves this country, especially know we have a vote scheduled at 12 have the legal authority to do. a soldier who has gone to war for this noon on a nomination. I know that is Let me say as the chairman of the country. So this is fair notice that I but 1 of 100 nominations that are on subcommittee that funds all of the will ask unanimous consent. I assume the calendar awaiting action by the water issues, and there are plenty of it will be somewhere in the 4 or 5 Senate. It is probably not very sur- water issues in Louisiana—I know be- o’clock range today. My expectation is prising that people do not think much cause I have been involved in it—we that the Senator from Louisiana will of this place when we cannot get nomi- have sent billions and billions and bil- be on the Senate floor at that point. nations through, we cannot get busi- lions of dollars of the American tax- My hope is he would not object. ness done. But people should under- payers’ money to New Orleans and Finally, at long last, my hope is that stand the reason there are 100 nomina- Louisiana in the aftermath of Hurri- he will allow the Senate to do the right tions waiting on this calendar is be- cane Katrina. I am pleased we have thing and give this soldier’s career and cause the minority has decided to say done that because they were hit with this soldier’s promotion the due that it no to everything, just to dig in their an unprecedented natural disaster is owed by this Senate. heels and decide they are not going to called Hurricane Katrina. As I said, I am going to come back cooperate on anything. So I was one of those who helped, later today. I want to talk at some This afternoon I will again come to who helped do some of the lifting to get length about the START treaty, which the floor and ask unanimous consent the money to New Orleans and Lou- I think is very important. I was in on the nomination of GEN Michael isiana. But our colleague indicated the Moscow, Russia, within the last week Walsh. I just wanted Senator VITTER other day that he is unhappy with the and a half taking a look at global

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2542 CONGRESSIONAL RECORD — SENATE April 22, 2010 threat reduction initiatives that we are breath. By the way, breathing clean air Most importantly, clean energy will working on with the Russians. It is is also an important part of Earth Day move us away from our dangerous de- very important that this START trea- to actually appreciate this incredible pendence on foreign oil, which is cost- ty be ratified by the Senate. I note gift that we have been given and to re- ing us a billion dollars a day and mak- that there are some of my colleagues dedicate ourselves to the preservation ing our country less secure. saying: The only way we will ratify the of our environment. America should be the leader in cre- START treaty, the only way we would In 1969, the Cuyahoga River in Ohio ating clean energy technologies that support that and not block that would caught fire. Swaths of the Great Lakes are made in America and work for be if we get dramatic new monies for were lifeless dead zones. Air in our cit- America. new nuclear weapons or something of ies was very unhealthy. All that hap- It will mean manufacturing jobs for the sort. pened in that year that then-Senator people who build solar panels and wind So I am going to talk about that Gaylord Nelson decided to act on Earth turbines; it will mean jobs for sales- today. I also am going to talk about Day. people who will have a world-wide mar- the financial reform bill, which is now When Senator Nelson took a trip, a ket for these American made exports. staring us in the face, and about, as I plane trip, and looked down at the dev- It will mean jobs for engineers, office mentioned, the issue of something that astation of the awful Santa Barbara workers, construction workers, and sounds like a foreign language, but it is spill, he realized we needed a day to transportation workers too. not: naked credit default swaps. That celebrate the Earth and to dedicate But today, other countries are mov- is not a foreign language; that is ourselves to protecting these gifts we ing quickly to take advantage of the flatout gambling that has been done by have been given. Twenty million Amer- enormous opportunities to manufac- the largest financial firms in the coun- icans rallied to celebrate the first ture and sell the solar, wind, geo- try that steered America right into the Earth Day the following year in April thermal and other clean energy tech- ditch. It is very important they be 1970. nologies that will power the world in dealt with, and dealt with the right I think it is important to note that the coming decades. way in financial reform. protecting the environment has been a Venture capitalists tell us that when Also, I am going to talk about the bipartisan thing here, at least up until we pass clean energy and climate legis- issue of too big to fail. In my judg- recent times. The Environmental Pro- lation, it will unleash a wave of private ment, if you are determined to be too tection Agency opened its doors in No- investment that will dwarf the capital big to fail, then, in my judgment, you vember of 1970. It was Richard Nixon that poured into high tech and biotech are too big. I believe divestiture is an who signed that law. The Clean Water combined. That means new businesses, important part of the solution to that. Act became law in 1972, the Safe Drink- new industries, and millions of new I will talk about that more this after- ing Water Act in 1974, the Toxic Con- jobs for American workers. noon. trolled Substances Act in 1976. Colleagues on both sides of the aisle I yield the floor. We have seen dramatic improve- are working on legislation to step up to The PRESIDING OFFICER. The Sen- ments in the air we breathe, the water the clean energy and climate chal- ator from California. we drink, and, again, very good growth lenge, building on the work we have EARTH DAY in our economy over this period. We done in the Environment and Public Mrs. BOXER. I just want to say to saw the gross domestic product rise Works Committee. I look forward to my friend, I thank him for bringing the from $4.26 trillion in 2005 dollars, in working with them as this process issue of the promotion of an Army 1970, to $12.9 trillion. That is a three- moves forward. Corps general to the floor today. I sup- fold increase in the GDP during the This Earth Day, we have an unprece- port his remarks. I support moving for- time we had these great environmental dented opportunity to reinvigorate our ward on that promotion. laws on the books. economy, create jobs, and put America Madam President, April 22 is Earth So when the next politician stands up on a new course to recovery and pros- Day. It has been 40 years since then- and says: You are going to devastate perity. Let’s remember the lessons of Senator Gaylord Nelson first advocated the economy, let’s show him or her the past and seize this opportunity. setting aside a national day to focus on that is not so. If we take the lead—lead I yield the floor. our environment. We have learned a lot is a neurotoxin. When we keep it out of Mr. SCHUMER. Madam President, I in those 40 years. What we have learned the area of our children, we know their rise today to speak in support of the is, it is very rewarding to protect and IQs have gone up. It has been proven. nomination of Judge Denny Chin to the defend our environment. What we have We know what lies before us, clean en- United States Court of Appeals for the learned is, when we do that, and we do ergy. We know if we can get carbon Second Circuit. Judge Chin is, first and it in the right way, we create millions pollution out of the air, it is going to foremost, a highly qualified and experi- of jobs and an economy that is very unleash twice as many dollars from the enced nominee to one of the busiest prosperous. private sector into finding new tech- courts in the country. One very clear example of that is, nologies, clean energy technologies. It Judge Chin’s life story speaks vol- take my California coastline. It is an will get us off of that addiction to for- umes about his own talent and deter- economic driver. It is beautiful. It is an eign oil, $1 billion a day. We will make mination, but also about the opportu- economic driver because people want products in this country that the whole nities that this country offers—oppor- to see it in all of its beauty. They want world wants. tunities that made it possible for him to enjoy its beauty. They spend a lot of The world is going green. Why should to make the journey from Hong Kong, dollars on tourism to come and visit we step back and allow China to make through Hell’s Kitchen, to New York’s my coast. They go to the restaurants. all of the solar panels? Why should we best schools and now to the Second Cir- They go to the stores. That is why we step back and allow Germany to make cuit. have always argued against our col- all of the windmills? They have taken No one could be more qualified. No leagues who want to go and destroy— over the lead from the United States of one could have a more impeccable potentially destroy—that magnificent America. record on the district court. And, he coastline, which is a gift from God, in I want to see the words ‘‘Made in has the bonus of providing needed di- my humble view. America’’ again. I want to see them on versity to our appellate bench. It is interesting because the first products, clean energy technology Nonethless, after passing him out of Earth Day was inspired by a horrible products. I hope we will recommit our- committee unanimously, my Repub- oilspill that hit Santa Barbara, and the selves to protecting this environment. lican colleagues required the majority whole country saw the devastation, Today, we have a tremendous oppor- leader to file cloture on his nomina- what happened to the wildlife, what tunity before us in clean energy. When tion. It took 4 months—4 months—to happened to the ocean, what happened we move forward to address the chal- get an up or down vote on him. It is to the people there. lenge of climate change, we will create good for the court system and the Ever since that time we have been millions of jobs and protect our chil- country that we are finally doing it taking a moment to take a deep dren from dangerous carbon pollution. this morning.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2543 He has been a sitting judge in the his confirmation to be a district court into private practice, working as a liti- Southern District of New York for 15 judge, he wrote: gator and a partner at several law years, during which time he has pre- My view is that judges ought not to legis- firms in New York, and also as a solo sided with exceptional skill over some late; that is not their function. Judges inter- practitioner, becoming a specialist in of the most challenging and important pret and apply the law, keeping in mind the employment and commercial law. cases in the country. purposes of the law. In 1994, Judge Chin was the first Judge Chin is a quintessential New Finally, Judge Chin has plenty of bi- Asian American appointed to Federal Yorker: He graduated from our best partisan support. His nomination gar- district court outside the Ninth Cir- schools—including Stuyvesant High nered glowing letters from former At- cuit, where he has served for 15 years. School and Fordham University Law torney General Michael Mukasey and During his time on the bench, Judge School—and practiced there his entire Republican-appointed U.S. Attorney Chin has presided over more than 4,700 career. His family emigrated from John Martin, who hired him 30 years civil and 650 criminal cases, issuing Hong Kong to America when Judge ago and has practiced before Judge more than 1,500 opinions. He has served Chin was just 2 years old. His father Chin. He had not a single vote against as designated judge on the Second Cir- worked as a cook and his mother him, Democrat or Republican, in com- cuit Court of Appeals on 84 appellate worked as a garment factory seam- mittee. cases, of which nine decisions are his stress in Chinatown. He grew up in a On the topic of diversity: It goes written opinions. Notably, Judge Chin cramped tenement in Hell’s Kitchen without saying that Judge Chin’s con- presided over the high profile trial of with his four siblings. He later prac- firmation would improve the diversity Bernard Madoff, whom Judge Chin ulti- ticed in New York as both a private of the Federal appellate bench. He al- mately sentenced to 150 years in prison lawyer and a Federal prosecutor. ready has the distinction of being the for defrauding billions of dollars from Throughout my time in the Senate, I only Asian American judge to serve on New Yorkers and individuals from have applied the following criteria to the Federal district court outside of across the United States. each nominee for the federal bench: Is the Ninth Circuit. With his confirma- Judge Chin has demonstrated a he excellent? Is he moderate? And will tion, he will be the only currently ac- strong commitment to education and he bring diversity to the bench? tive Asian American appellate judge on the next generation of the legal profes- On excellence: Besides his obvious the Federal bench. sion as a professor of law for more than academic and professional credentials, So, let us proceed to approve Judge 23 years at his alma mater, Fordham Judge Chin has earned a unanimous Chin without further delay, and keep University’s School of Law. He has well qualified rating excellent by ABA. one of the busiest dockets in the Fed- contributed to legal scholarship by But more important than this, in my eral judiciary functioning smoothly. I publishing seven law review articles book, are the views of his peers who am proud and pleased to have a role in and is frequent speaker at bar associa- come in contact with him every day. this historic moment for our Federal tions, law schools, law firms, corpora- Few judges have earned the accolades courts. tions, and non-profit organizations. In that litigants have given Judge Chin, Mrs. GILLIBRAND. Madam Presi- 2009, he received the Professor of the whether they have experienced his dent, I am pleased to rise today in Year Award from the Fordham Law courtroom in victory or defeat. strong support of the nomination of School Public Interest Resource Cen- For example, in the Almanac of the fellow New Yorker, Judge Denny Chin, ter, and previously was awarded the Federal Judiciary—which compiles to be a judge on the U.S. Court of Ap- Fordham Law School Alumni Associa- evaluations of judges from practi- peals for the Second Circuit. Judge tion’s Medal of Achievement in 2006. He tioners—lawyers describe Judge Chin Chin has a distinguished legal career, currently cochairs the Fordham Law as ‘‘a judge’s judge,’’ ‘‘conscientious,’’ having dedicated the majority of his School Minority Mentor Program. ‘‘extremely hard-working,’’ ‘‘very life to public service and education. His Judge Chin’s dedication to public bright,’’ and ‘‘an excellent judge.’’ experience in the court room spans service extends to community leader- In short, no one—no one—questions more than a decade as a litigator, and ship, and he is actively involved in Judge Chin’s excellence, his intellect, over 15 years as a Federal judge. local community and in legal associa- or his temperament. When he was 2 years old, Judge Chin tions. He is a member of the Second On moderation: There is more than moved with his parents from Hong Circuit’s bar association, the Federal one way to evaluate Judge Chin’s mod- Kong to New York, where he later at- Bar Council, formerly serving as the eration. tended Stuyvesant High School. President, and currently serving on the First, he is a tough, but fair, sen- Through hard work, he was able to at- Public Service Committee. Prior to as- tencing judge. In an observation that is tend Princeton University, where he suming the bench, he also served on emblematic of Judge Chin’s modera- received the Athlete Award from the numerous community boards, includ- tion, one attorney has even said of National Football Scholarship Founda- ing the Brooklyn Center for Urban En- Judge Chin: ‘‘[h]e is a decent human tion and graduated magna cum laude. vironment, Care for the Homeless, being but he doesn’t let that influence After graduating from Princeton, Hartley House, and St. Margaret’s his sentencing.’’ Judge Chin attended Fordham School House. Upon assuming the bench, Judge Chin is, in fact recently best of Law, where he earned his juris doc- Judge Chin remained involved in his known for sentencing Ponzi scheme op- torate and became managing editor of local community by becoming a mem- erator Bernard Madoff. In a case that the Fordham Law Review. ber of numerous cultural organizations could have been a complete circus, that As impressive as his educational in New York. The outstanding dedica- involved hundreds of victims who lost background is, Judge Chin has enjoyed tion he demonstrated throughout his every penny they had, Judge Chin ran an equally notable legal career in pub- career and years of community in- the proceedings with dignity and effi- lic service and private practice, begin- volvement has led to numerous awards ciency and sentenced Madoff to the ning with a job clerking for U.S. Dis- and honors—such as the J. Edward highest possible sentence. trict Judge Henry Werker in the Lumbard Award for Public Service Judge Chin said: Southern District of New York for 2 from the United States Attorney’s Of- years. He then spent another 2 years at The message must be sent that Mr. fice for the Southern District of New Madoff’s crimes were extraordinarily evil Davis Polk & Wardwell before resum- York, and the Lifetime Achievement and that this kind of irresponsible manipula- ing his commitment to public service Award from the New York State Divi- tion of the system is not merely a bloodless at the U.S. Attorney’s Office for the sion of Human Rights. financial crime that takes place just on Southern District of New York. As a The American Bar Association gave paper, but that it is . . . one that takes a Federal prosecutor, Judge Chin honed Judge Chin its highest rating, as he is staggering human toll. his litigation skills by arguing cases in an exceptional and highly competent In addition, Judge Chin has said ex- the U.S. District Court and the U.S. judge. He has always followed a plicitly that he believes in a modest, Court of Appeals for the Second Cir- thoughtful, reasoned approach to each moderate role for judges. In his 1994 cuit. Following his time at the U.S. At- case, strictly adhering to the applica- questionnaire that he submitted during torney’s Office, Judge Chin went back tion of facts and legal precedent.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2544 CONGRESSIONAL RECORD — SENATE April 22, 2010 There are currently 129 judicial The PRESIDING OFFICER. Under ation of S. 3244, a bill to prohibit a nominees waiting to be confirmed by the previous order, the President shall cost-of-living adjustment for Members this Senate. It is unfortunate that be immediately notified of the Senate’s of Congress in 2011; that the bill be when there are such highly qualified action. read a third time and passed, and the nominees as Judge Chin, they cannot f motion to reconsider be laid upon the be quickly voted on so that they may table; that any statements relating to begin to handle the many critically im- LEGISLATIVE SESSION the bill be printed in the RECORD. portant cases that are currently pend- The PRESIDING OFFICER. Under The PRESIDING OFFICER. Is there ing in our Federal courts. the previous order, the Senate will re- objection? In conclusion, Judge Denny Chin pos- sume legislative session. Mr. LEAHY. Mr. President, reserving sesses the judicial temperament, the right to object, I ask the Senator f breadth of legal knowledge, and com- to add me as a cosponsor. mitment to justice, civil rights, and MORNING BUSINESS Mr. FEINGOLD. Madam President, I the rule of law necessary for this ap- The PRESIDING OFFICER. Under ask unanimous consent that the Sen- pointment. He is well qualified, and I the previous order, there will now be a ator from Vermont, Mr. LEAHY, be am confident that he would make an period of morning business, with Sen- added as a cosponsor to the bill. outstanding judge on the U.S. Court of ators permitted to speak for up to 15 The PRESIDING OFFICER. Without Appeals for the Second Circuit. I urge minutes each. objection, it is so ordered. my colleagues in the Senate to support The Senator from Wisconsin. Mr. FEINGOLD. Madam President, I his confirmation. renew my request. The PRESIDING OFFICER. The f The PRESIDING OFFICER. Without question is, Will the Senate advise and PROHIBITING A COST OF LIVING objection, it is so ordered. consent to the nomination of Denny ADJUSTMENT FOR MEMBERS OF The bill (S. 3244) was ordered to be Chin, of New York, to be U.S. circuit CONGRESS IN 2011 engrossed for a third reading, was read judge for the Second Circuit? the third time, and passed, as follows: Mrs. BOXER. I ask for the yeas and Mr. FEINGOLD. Madam President, over the years, Members of Congress S. 3244 nays. Be it enacted by the Senate and House of Rep- The PRESIDING OFFICER. Is there a have had a lot of perks, but one of them stands out; that is, the ability to resentatives of the United States of America in sufficient second? Congress assembled, raise their own pay. Not many Ameri- There appears to be. The clerk will SECTION 1. NO COST OF LIVING ADJUSTMENT IN call the roll. cans have the power to give themselves PAY OF MEMBERS OF CONGRESS. The bill clerk called the roll. a raise whenever they want, no matter Notwithstanding any other provision of Mr. DURBIN. I announce that the how they are performing. To make it law, no adjustment shall be made under sec- Senator from Delaware (Mr. KAUFMAN) worse, Members do not even have to tion 601(a) of the Legislative Reorganization is necessarily absent. vote on this pay raise. Congress has set Act of 1946 (2 U.S.C. 31) (relating to cost of Mr. KYL. The following Senator is up a system whereby every year Mem- living adjustments for Members of Congress) during fiscal year 2011. necessarily absent: the Senator from bers automatically get a pay raise. No South Carolina (Mr. DEMINT). one has to lift a finger. Mr. FEINGOLD. Madam President, I Further, if present and voting, the I do not take these pay raises, and I thank the Chair, and I will be urging Senator from South Carolina (Mr. have been fighting for years to pass my the other body to pass this bill as soon DEMINT) would have voted ‘‘yea.’’ bill to end this cozy system. Thanks to as possible and send it to the Presi- The PRESIDING OFFICER (Mrs. the majority leader, we took an impor- dent. I will keep fighting so that in the HAGAN). Are there any other Senators tant step last year when the Senate future the burden will be on those who in the Chamber desiring to vote? passed legislation to end automatic an- want a pay raise—not on those who The result was announced—yeas 98, nual pay raises for Members of Con- want to block one—to pass legislation. nays 0, as follows: gress. Unfortunately, the leadership of I thank the Chair and yield the floor. [Rollcall Vote No. 123 Ex.] the other body has, so far, refused to The PRESIDING OFFICER. The Sen- YEAS—98 take up that bill. ator from Missouri. Well, I am going to keep fighting to Mr. BOND. Madam President, I be- Akaka Ensign Menendez Alexander Enzi Merkley pass it, but there is another step we lieve the Senator from Vermont has a Barrasso Feingold Mikulski can take in the meantime; that is, to brief statement. Baucus Feinstein Murkowski make sure we do not get a pay raise Mr. LEAHY. Madam President, I just Bayh Franken Murray next year. We already enacted legisla- wish to make a unanimous consent re- Begich Gillibrand Nelson (NE) Bennet Graham Nelson (FL) tion to block a pay raise this year, and quest. Bennett Grassley Pryor now we have to do the same thing for The PRESIDING OFFICER. The Sen- Bingaman Gregg Reed 2011. With so many Americans looking ator from Vermont. Bond Hagan Reid for jobs and trying to figure out how to Mr. LEAHY. Madam President, I Boxer Harkin Risch Brown (MA) Hatch thank my dear friend, the senior Sen- Roberts pay their bills, now is no time to give Brown (OH) Hutchison Rockefeller ourselves a taxpayer-funded $1,600 pay ator from Missouri. Brownback Inhofe Sanders Bunning Inouye increase. f Schumer Burr Isakson I have a bill to block the scheduled Sessions Burris Johanns EXECUTIVE SESSION Shaheen 2011 pay raise. Byrd Johnson Madam President, I ask unanimous Cantwell Kerry Shelby Cardin Klobuchar Snowe consent that Senators BURR, VITTER, Carper Kohl Specter BENNET, LINCOLN, GRASSLEY, EXECUTIVE CALENDAR Stabenow Casey Kyl MCCASKILL, BEGICH, and MCCAIN all be Mr. LEAHY. Madam President, I ask Chambliss Landrieu Tester Coburn Lautenberg Thune added as cosponsors to the bill. unanimous consent that the Senate Cochran Leahy Udall (CO) The PRESIDING OFFICER. Without proceed to executive session to con- Collins LeMieux Udall (NM) objection, it is so ordered. sider en bloc the following nominations Vitter Conrad Levin Mr. FEINGOLD. Madam President, I on the Executive Calendar: Nos. 780, Corker Lieberman Voinovich Cornyn Lincoln Warner also ask unanimous consent that Sen- 781, 795, 796, 797, 798, 816, 817, 818, 819, Crapo Lugar Webb ator WHITEHOUSE be added as a cospon- and all nominations on the Secretary’s Dodd McCain Whitehouse sor to the bill. desk in the Coast Guard, Foreign Serv- Dorgan McCaskill Wicker Durbin McConnell Wyden The PRESIDING OFFICER. Without ice, and NOAA; that the nominations objection, it is so ordered. be confirmed en bloc; the motions to NOT VOTING—2 Mr. FEINGOLD. Madam President, I reconsider be considered made and laid DeMint Kaufman ask unanimous consent that the Sen- upon the table en bloc; any statements The nomination was confirmed. ate proceed to the immediate consider- relating to the nominations be printed

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2545 in the RECORD; the President be imme- LEGISLATIVE SESSION them lost their jobs and their savings diately notified of the Senate’s action; The PRESIDING OFFICER. The Sen- as a direct result of the irresponsibility and the Senate then resume legislative ate will now resume legislative session. of others. session. The Senator from Missouri. We need a clear path to unwinding The PRESIDING OFFICER. Is there and ending these institutions that are objection? f too large and that pose systemic risk Without objection, it is so ordered. FINANCIAL REGULATORY REFORM to the financial health of our market without doing so at the expense of the The nominations considered and con- Mr. BOND. Madam President, after firmed en bloc are as follows: American taxpayer. No institution the actions of some bad apples on Wall should ever again be considered too big DEPARTMENT OF JUSTICE Street wreaked havoc on Main Street, to fail. William N. Nettles, of South Carolina, to America, there is no doubt we need fi- Today, I remind my colleagues that be United States Attorney for the District of nancial reform to prevent another the government played a role in con- South Carolina for the term of four years. credit crisis. tributing to our financial and economic Wifredo A. Ferrer, of Florida, to be United It is disappointing that bipartisan crisis. Government policies and actions States Attorney for the Southern District of consensus on a financial reform pack- Florida for the term of four years. to promote home ownership to buyers David A. Capp, of Indiana, to be United age was not reached in committee and who could not afford to buy were irre- States Attorney for the Northern District of instead the majority chose a go-it- sponsible. That is why I am shocked Indiana for the term of four years. alone approach. I hope this is a process that this bill does nothing to reform Anne M. Tompkins, of North Carolina, to Democrats truly want to be bipartisan Fannie Mae and Freddie Mac, the gov- be United States Attorney for the Western because my constituents have some ernment-sponsored enterprises that District of North Carolina for the term of good ideas about how to enact real re- contributed to the financial meltdown four years. form that will not stifle economic by buying high-risk loans made to peo- Kelly McDade Nesbit, of North Carolina, to growth and activities. ple who could not afford them. These be United States Marshal for the Western I have told my good friend Senator irresponsible actions left the Federal District of North Carolina for the term of four years. DODD and others that I want to work Government with the risk and the Peter Christopher Munoz, of Michigan, to with them to ensure the concerns I American taxpayer with the bill to bail be United States Marshal for the Western have heard from Missourians—a thou- them out. District of Michigan for the term of four sand miles away from Wall Street—are In addition to the cost to taxpayers, years. addressed as the process moves for- these irresponsible actions turned the Loretta E. Lynch, of New York, to be ward. I have heard from Missourians American dream into the American United States Attorney for the Eastern Dis- who want to end too big to fail, and I nightmare for too many families who trict of New York for the term of four years. have heard from Missourians who want faced foreclosure and devastated entire Noel Culver March, of Maine, to be United to stop taxpayer-funded bailouts and neighborhoods and communities as States Marshal for the District of Maine for Missourians who are fearful of empow- property values diminished. Addition- the term of four years. ally, government failure to adequately George White, of Mississippi, to be United ering government bureaucrats with the States Marshal for the Southern District of power to pick winners and losers. I regulate the financial system—specifi- Mississippi for the term of four years. have also heard from folks in Missouri cally, the Securities and Exchange Brian Todd Underwood, of Idaho, to be who are key to job creation. They have Commission and other regulators—al- United States Marshal for the District of well-founded concerns about some of lowed these institutions to take on too Idaho for the term of four years. the bill’s unintended consequences. much risk, which was a major factor in NOMINATIONS PLACED ON THE SECRETARY’S This is a bill that could alter signifi- the credit collapse. Collectively, these DESK cantly the way Americans do business policies and actions have brought us to IN THE COAST GUARD with the financial services industry, the economic crisis which has touched every American’s life. PN1489 COAST GUARD nominations (6) be- whether it be in the form of a home or ginning JOANN F. BURDIAN, and ending auto loan, financing for college, credit The current proposal ignores Fannie DAWN N. PREBULA, which nominations for family farms, or much needed fi- and Freddie, which were significant were received by the Senate and appeared in nancing for small business. In the contributors to the crisis. That is a big the Congressional Record of February 24, heartland, where I am from, we under- mistake. We need to be sure the proposals ad- 2010. stand Wall Street provides critical fi- PN1556 COAST GUARD nominations (4) be- dress the needs of Main Street Amer- nancing, but we want to make sure ginning Karen R. Anderson, and ending Ste- ica. Leaving them out would be an- they do it the right way. ven M. Long, which nominations were re- other mistake. ceived by the Senate and appeared in the A bipartisan and responsible bill Rather than focusing on the concerns Congressional Record of March 10, 2010. should ensure that the failures that led of Wall Street, I have spent my time IN THE FOREIGN SERVICE to our financial collapse are properly focusing on the concerns shared with PN1404 FOREIGN SERVICE nominations addressed and that taxpayers never me by my constituents back in Mis- (8) beginning Karen L. Zens, and ending again are left footing the bill for the souri. Missourians expect real reform Richard Steffens, which nominations were egregious mistakes of a few bad actors. but demand that Congress prevent an received by the Senate and appeared in the It is time to stop taking a piecemeal overreach of government that stifles Congressional Record of January 26, 2010. and ad hoc approach to addressing the businesses and kills jobs. NATIONAL OCEANIC AND ATMOSPHERIC financial crisis. Burying our collective One specific area of concern is the ADMINISTRATION heads in the sand to avoid what needs creation of the so-called Consumer Fi- PN1457 NATIONAL OCEANIC AND AT- to be done and simply hoping things nancial Protection Bureau, the CFPB. MOSPHERIC ADMINISTRATION nomina- will get better by throwing more This new, massive government bu- tions (12) beginning SCOTT J. PRICE, and money at these failed institutions and reaucracy has unprecedented authority ending SARAH K. MROZEK, which nomina- just believing they will get better on and enforcement powers to impose du- tions were received by the Senate and ap- their own is unrealistic. plicative and costly mandates on any peared in the Congressional Record of Feb- Americans are rightfully angry and ruary 22, 2010. entities that extend credit. We are not PN1458 NATIONAL OCEANIC AND AT- frustrated about the trillions of dollars talking about just big Wall Street MOSPHERIC ADMINISTRATION nomina- the government has committed to res- banks but also the community banker, tions (9) beginning HEATHER L. MOE, and cuing the financial industry, when so the local dentist, farm lender, or auto ending KURT S. KARPOV, which nomina- many of them are still struggling to dealer. As a result, there will be no tions were received by the Senate and ap- find jobs, pay bills, and get the loans choice but to pass these added costs on peared in the Congressional Record of Feb- they need for cars, home, college, or to to consumers—the very people this bill ruary 22, 2010. farm. They believe—and rightly so— was designed to protect. Mr. LEAHY. Madam President, I that it is fundamentally unfair for the The only way to ensure the CFPB thank the Presiding Officer, and I bad actors who caused the financial does not unintentionally hurt well-per- thank the Senator from Missouri. crisis to get bailed out while many of forming institutions that issue credit

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2546 CONGRESSIONAL RECORD — SENATE April 22, 2010 is to narrow the scope and authority national business. These end users, as these proposals are in the bill. The economy with clear language outlining exactly they are called, do so in order to plan needs more private job creation. whom this new regulator will regulate. for future pricing so they can provide Incidentally, it would triple the min- Surely my colleagues would not want the least expensive good or service to imum wealth of the seed capital inves- to vote for a bill that creates a new their consumers as possible. Costly tors who could invest in these from $1 government bureaucracy without margin requirements for these end million to over $3 million. That cuts knowing exactly what the bureaucracy users will be directly passed on to fam- out three-quarters of the people who is empowered to do. ilies. This will increase the cost for might invest in starting up these com- Instead of unlimited authority, this Americans to turn on their lights and panies. This would be devastating to new regulator should focus on the put food on their tables. rural job creation in Missouri and shadow banking entities that operate My hope is that the ultimate Senate across the country. outside of the regulatory framework bill, like the House-passed bill, will ul- Our greatest potential for new jobs and prey on vulnerable people. We have timately address this concern with a depends upon the innovative ideas, the all heard horror stories from our con- strong exemption for end users from entrepreneurship of people who are stituents about the bad operators push- the clearing and margin requirements. willing to use their own time and ideas ing no-money-down or no-doc home These end users are not major swap but need seed capital to do it. These mortgages and the reverse mortgage participants and should not be treated small companies could not wait 120 scam artists who sell too-good-to-be- as such. days, in many instances. They could true financing. Finally, the Federal Reserve Bank’s not find the seed capital investors. In There must be appropriate oversight current structure for regulatory over- other words, in sum, moving from too of this regulator. The last thing we sight ensures that responsibilities and big to fail, this new bill, if enacted need is a new government bureaucracy power are shared across the country, with that provision in it, would say to that, under the guise of consumer pro- not just in Washington and on Wall these innovators, these entrepreneurs: tection, is really just pushing one par- Street. Regional reserve banks give all You are too small to succeed. ty’s political agenda. The current busi- regions in the country a voice in bank- This is not a measure that is going to ness climate is overwhelmed with un- ing, credit policy, and monetary con- protect people from Wall Street; this is certainty, and we need to ensure this cerns, which gives a complete picture an overreach by the Federal Govern- bureau does not create additional un- to the Board of Governors as they de- ment which would shut down the job certainty for any investor or business cide on Federal monetary policy. This creation Main Street needs. that operates in this country. The pru- system was established over 100 years Neither political party has a monop- dential regulators should have a final ago and should be maintained in order oly on good ideas. Reforming our finan- say on anything that would put the to protect the concerns of small and cial system is too important to be done safety and soundness of institutions medium-sized banks. Financial crises on a partisan basis. I urge my col- and the credit of borrowers at risk. can and do occur within small but leagues, and I hope they will consider Next, Missourians refuse to be on the interconnected banks, which is why the the ideas I have heard from Missou- line for another bank bailout. I share Federal Reserve needs to continue to rians. We haven’t just been listening to their frustration over the concept of an take the economic temperature of the Wall Street; we have been listening to institution being considered too big to entire country, not just of those on Main Street. I hope the Presiding Offi- fail. We must put an end to too big to Wall Street. cer and all of the Members of this body fail. We need a mechanism in place As hard-working Americans and will listen to what they are saying on that allows for immediate liquidation small businesses struggle to emerge Main Street about the need for the of failing financial firms. from this meltdown and drive our econ- small companies, whether they be In my recent conversation with omy through the recovery process, it is startup companies or small banks, to Larry Summers, I expressed this con- the responsibility of the Federal Gov- succeed. We need to make sure we cern, and he agreed that the adminis- ernment to ensure we have a robust don’t kill the backbone of our Amer- tration wants euthanasia for failed regulatory system. It is critical that ican economy. companies, not resurrection. The gov- our regulatory system be modern, re- Madam President, I thank the Chair. ernment should not be in the business sponsive, and empowered with appro- I yield the floor, and I suggest the ab- of creating zombies. priate authority, while allowing for sence of a quorum. The era of bailouts must be over. Any business prosperity as we prevent fu- The PRESIDING OFFICER. The mechanism of resolution must be fair ture crises. clerk will call the roll. and evenhanded. Missourians will not In Missouri, I have been working to The legislative clerk proceeded to accept government bureaucrats pick- build an agricultural biotech corridor. call the roll. ing winners and losers in creditor re- This has the potential to foster a whole Mrs. MCCASKILL. Mr. President, I payment. new interest, providing great jobs in ask unanimous consent that the order In addition, the $592 trillion over-the- advanced agricultural research and for the quorum call be rescinded. counter derivative market needs biotech. It is the best stimulus to cre- The PRESIDING OFFICER (Mr. stronger rules of transparency. Some of ate high-paying, skilled jobs that rural BURRIS). Without objection, it is so or- the derivatives traded in this market Missouri and rural America need. dered. played a significant role in the recent However, today I read in the Wall f credit crisis through products such as Street Journal a very disturbing report credit default swaps. These and other that this bill would possibly kill small EXECUTIVE CALENDAR transactions—which I call video game business startups by delaying and lim- Mrs. MCCASKILL. Mr. President, I transactions, where there is no sub- iting the availability of private inves- came to the floor on Tuesday of this stance involved and they are making tor seed capital. Small startups have week to do something I do not think bets on the financial system—should been at the forefront, driving job cre- had been done before under the rules. have been cracked down on by the Se- ation. In this bill, new requirements by We had a new law that went into effect curities and Exchange Commission. the SEC would insist that investors in the early part of 2007 that gave us a However, there is an important dis- register with the Commission for a 4- mechanism that was supposed to stop tinction to be made here. Not all deriv- month review, meanwhile tying up secret holds. We are all waiting to see ative contracts pose systemic risk. As vital venture capital or seed capital if by moving all of the nominations by a matter of fact, commercial contracts dollars. This harmful delay for new unanimous consent, in fact, the owners initiated, for example, by energy com- businesses in need of immediate capital of the secret holds step forward. panies, utilities, and the agricultural would be crippling. While we wait to see if the rule that industry are used to manage risks asso- According to the Wall Street Jour- was designed and passed into law ciated with daily operation, from cost nal: works, a bunch of us have been talking. fluctuations in materials and commod- No one believes angel investors pose a sys- The folks who have been talking about ities to foreign currency used in inter- temic risk, so it’s hard to understand why this are the newest Members of the

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2547 Senate in the Democratic Party. There off this discussion. I rise in strong sup- themselves or say what their issue is are 21 of us who have arrived in the port of this effort by a group of reform- with these nominees. Senate sometime between now and minded Senators to finally get rid of I am pleased to join my colleagues. I January of 2007. It is a pretty big group this ridiculous and insane practice of am glad we are mounting this effort. of Senators. anonymous holds. The American people We need to get rid of the secret holds. In discussing the secret holds with have little patience for this political But it is unfortunate that we are where my colleagues who have been here for a game when they are going through we are. fairly short period of time, we decided: what they are going through. I understand why people are frus- Why don’t we just quit doing them? What people should understand is, at trated with what is happening here. Let’s quit worrying about whether you least in my view, this is less about par- People want to see things get done. are identifying yourself in 6 days, tisanship. The Senator from Missouri They understand we have significant whether you are going to play the talked about the fact that these are challenges facing the country, and they switcheroo, pull your secret hold and people who passed unanimously out of want to see action on those challenges. put on another secret hold. Let’s just committee, with Republicans and It is clear that one of the areas where stop it. No more secret holds. Democrats supporting the nominees there is a problem is with the 80 or so We now have drafted a letter to Lead- who somehow, between the committee people who were nominated who have er REID and Leader MCCONNELL, and we process and the Senate floor, got stuck. been held up, some of them for months have said: First, we will not do secret They are getting stuck anonymously. I and months, because somebody has an holds. We are out of the business of se- say it is not about partisanship. I say issue, not with the person who is being cret holds. We are not going to do this is a perfect illustration of Wash- held up usually, but as my colleague them. Second, we want the Senate to ington, DC, being completely out of from Missouri said because someone pass a rule that prohibits them en- touch with what is going on in the wants to get the attention of a depart- tirely. country. ment or agency within government or If a Senator wants to hold somebody, No one else in the country invents a because somebody wants to keep the fine, but say who they are and why set of rules to make sure they do not Obama administration from doing the they are doing it. If a Senator wants to get their work done. But that is what work of the people. I wish to point out some of the people vote against somebody, that is their we are doing in the Senate. That is who have been on hold. No one has right. But this notion that they can, why I think it is high time we got rid identified themselves as to why they behind closed doors, do some kind of of these anonymous holds. I would go had these people on hold. Until just a secret negotiation to get something even further. I have legislation that few minutes ago, we had five U.S. at- they want from an agency—let’s be gets rid of the anonymous holds and honest about it; that is what a lot of torneys and five marshals. We have the bans these secret holds. But it would this is. It is getting leverage, secretly Deputy Director of National Drug Pol- do more. It would also require that a getting leverage for something they icy Control. They come from States all hold be bipartisan or else it expires want. Those are not appropriate se- across this country—from New York, after 2 legislative days. If a Senator crets for the public business. Indiana, North Carolina, South Caro- We have 80 secret holds right now. wants to place a hold, that is within lina, Michigan, Maine, Idaho, and Flor- About 76 of those are Republican secret their rights, but we are going to make ida. We have a lot of big States there, holds; 4 are Democratic secret holds. sure it is scrutinized. We are going to a lot of States where the people’s busi- By the way, all 80 of the ones on which make sure they can get support from ness is not getting done because those I made the unanimous consent request somebody on the other side of the aisle nominees have not been put in place. came out of committee unanimously. for holding up the country’s business. The sad thing is, the people who have We even checked on the voice votes to All holds under my bill would expire these folks on hold are trying to get make sure no one said no in com- after 30 days, whether they are bipar- back at somebody in government, but mittee. There were no ‘‘no’’ votes. tisan or not. the people who are suffering are the These 80 nominees were completely un- I also wish to highlight that the Sen- constituents in those States where the opposed out of committee. ators who have taken this strong work is not getting done. They are everything from the Ambas- stance against secret holds are willing I have a very personal example that I sador to Syria to U.S. marshals to U.S. to put our money where our mouth is. have talked about before on the floor of attorneys. These are people who need While Washington bats around about the Senate. A woman from New Hamp- to get to work. They are going to be this and other reforms, we have all shire who has now been confirmed to confirmed. They are all going to be pledged that we will stop the practice lead the Office of Violence Against confirmed. We need to get this done. of secret holds ourselves. It was easy Women, Judge Susan Carbon. This is We need to stop secret holds. We need for me to do because I have never someone who was appointed first by to get these people confirmed. We need placed a secret hold on the Nation’s Senator JUDD GREGG to be a judge, and to change the way we do business business, and I never will. I then made her a full-time judge. She around here. This is a small but important illus- got through the committee on a unani- I, once again, give a shout-out to tration of what is not working well in mous vote. Senator WYDEN and Senator GRASSLEY the Senate, what is blocking progress I think all of us would like to see the who worked on this issue for a number for the American people. It is a small work of the Office of Violence Against of years. We are going to open this let- step but an important step to dem- Women done, just as we want to see the ter to all Members of the Senate and, onstrate that we can actually do our work of the U.S. attorneys done and hopefully, before we find out—we are work differently, that we have been the work of the marshals done. Yet she all waiting to see what happens in the sent here to have an open and thought- was held up for 2 months, until I came 6 days that are looming for all these se- ful debate about the issues that con- to the floor and started asking ques- cret holds, if people step up into the front our great country. I am proud to tions about who had that secret hold sunshine. If they do not, in the mean- be here today with my other col- on her. We never did find out. We never time we, hopefully, will get unanimous leagues. did find out why she was on hold or support from Senators that secret I yield the floor. what the concern was. That is the prob- holds are now out of fashion and no The PRESIDING OFFICER. The Sen- lem with all these different holds. longer going to be tolerated in the Sen- ator from New Hampshire is recog- Senator BENNET said he hasn’t put ate. nized. any secret holds on anyone. Well, nei- Mr. President, I yield the floor for Mrs. SHAHEEN. Mr. President, it is ther have I. If I am going to put a hold my colleague from Colorado, Senator unfortunate that we have to be on the on somebody, I want the world to know BENNET. Senate floor this afternoon to talk about it because it is somebody whom The PRESIDING OFFICER. The Sen- about so many of the nominees we need I have a serious issue with or someone ator from Colorado is recognized. to do the work of this country who are we have concerns about the job they Mr. BENNET. Mr. President, I thank being held up, and being held up by would do. That is not the case with any the Senator from Missouri for kicking people who are not willing to identify of these folks.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2548 CONGRESSIONAL RECORD — SENATE April 22, 2010 So I would urge all my colleagues to our debates to be in the Senate—the I am very pleased Senator sign on to say that they will oppose se- world’s greatest deliberative body. We MCCASKILL, along with Senators cret holds and to release those holds on shouldn’t be doing things such as this GRASSLEY and WYDEN, have been work- the nominees who are being held up in secret. ing on this for so long and have taken and let’s let the work of the people in I yield the floor. a lead on it. I urge my colleagues to this country get done. The PRESIDING OFFICER. The Sen- sign this letter to end the secret hold. I yield the floor. ator from Minnesota is recognized. There shouldn’t be secrets from the The PRESIDING OFFICER. The Sen- Ms. KLOBUCHAR. Mr. President, I public when it comes to nominations. ator from Colorado is recognized. listened to the Senator from Colorado, This isn’t a matter of top-secret na- Mr. UDALL of Colorado. Mr. Presi- and I was thinking about our two tional security or some strategy that dent, I also rise to express my appre- States. They both are beautiful States. we would use when we go to war. This ciation to the Senator from Missouri, OK, they have a few more mountains is about nominations from the White Mrs. MCCASKILL, for her leadership on than we do, but we have 10,000 lakes. House. This is about people who are this effort to reform the way the Sen- We both have open democracies—gov- going to be serving in public jobs. We ate advises and consents. Because I ernments that work, governments that should know who is holding them up, have great respect for the traditions of are open. There is no secrecy in our who doesn’t want them to come up for the Senate, I was curious as to why States. We have blue skies, open prai- a vote and why. Then we can make a holds are a mechanism or a tool avail- ries, open lands. To me, it is no sur- decision and the public will have the able to individual Senators. What I prise that we would have Senators knowledge of what is going on in this from these two States standing and found out is basically speculative; that place. That is the only way we are saying this is ridiculous. is, that in the past, there is a belief going to be able to build trust again that Senators—because they could only I thought Senator UDALL did a great job of going through all the numbers with this democracy. get back to Washington by horse and I yield the floor, and I suggest the ab- buggy or by horse itself—needed time and the nominations that have been put on hold, but we all know what is at sence of a quorum. to study a potential nominee. It was a The PRESIDING OFFICER. The courtesy. It maybe made sense in those the root of this. It is a procedural game that allows this to happen—the secret clerk will call the roll. horse-and-buggy times, but these are The assistant legislative clerk pro- modern times, and the secret hold now, hold. When I came to the Senate in 2007, ceeded to call the roll. in particular, is being used to accom- my first priority was ethics reform. I Mr. BENNETT. Mr. President, I ask plish, in many cases, political or per- was so pleased, and I thought we had unanimous consent the order for the haps even policy goals. I have great re- gotten rid of the secret hold. That is quorum call be rescinded. spect for the venerable traditions of what we said we did. The rule we The PRESIDING OFFICER. Without the Senate, but this seems like one adopted then—as soon as unanimous objection, it is so ordered. that should be set aside, frankly. consent was made regarding a specific I was also curious to study some of f nominee—said that a Senator placing a the statistics that I will share with the hold has to submit to the majority FINANCIAL SERVICES INDUSTRY entire Senate. Since President Obama leader a written note of intent that in- REGULATION took office—I think it is 16 months, cludes the reason for their objection. give or take a few days—we have voted Mr. BENNETT. Mr. President, I rise So they have to put in writing why to discuss the issue that is before the on 49 nominations. Of those 49 votes, 36 they are objecting. Then it says that of them—which is about 75 percent of body and before the country right now no later than 6 days after the submis- with respect to control and regulation the nominations—have been delayed. sion, the hold is to be printed in the On average, these nominations lan- of the financial services industry. The CONGRESSIONAL RECORD for everyone to guish or sit on the Executive Calendar President of the United States has see. given a number of speeches on this one. for over 105 days. That is on average. So we thought this was a pretty good I understand the latest one was today, Some have waited many months more. idea—sunshine being the best disinfect- in which he attacked Republicans for Then, when we look at the vote totals ant. By making the hold public and of the nominations that finally come forcing Senators to be accountable for listening to the big banks of Wall to the floor, 17 received more than 90 their actions, we could have open de- Street in our concern about the details of the bill that has been offered out of votes, 10 received more than 80 votes, bate. As I heard Senator SHAHEEN just and 6 received more than 70 votes. So say, we should be able to tell the world the Banking Committee by Chairman out of the 36 nominees, there were 33 why we are putting on a hold. We may DODD. that I think you could characterize as have a good idea. I am a member of the Banking Com- being approved overwhelmingly by the But that is not what has been hap- mittee. I voted against the bill in the Senate, after a very long and unfortu- pening. Instead, what has been hap- Banking Committee. It came out on a nate wait. pening is, Senators are playing games straight party-line vote. For that I am Right now, on the Executive Cal- with the rules. They are following the being castigated by the President and endar, there are 94 nominees awaiting letter but not the spirit of the reform. others for being a tool of Wall Street the Senate’s advice and consent action. It is unbelievable to me. They are actu- and the big banks. At this time in George W. Bush’s Presi- ally rotating holds. I want to make it very clear that my dency, there were 12 nominees. So we It is sort of like what we see in the opposition to parts of this bill have have 94 on the one hand and 12 on the Olympics, where they have a relay and nothing whatsoever to do with Wall other hand. they hand off the baton. This baton is Street and the big banks. I have not It is time for my colleagues on the going from one Senator to another so been to Wall Street to discuss this with other side of the aisle to stop abusing they can keep the hold going. One Sen- any executives of any of the big banks. the Senate’s responsibility to provide ator has it for 6 days. Then it is passed I have been in Utah, and I have been advice and consent for the President’s off to another for 6 days. So I guess if discussing this with businesses in well-qualified nominees. delay was an Olympic sport, they Utah, businesses that you normally Let me just end on this note. If a would get the Gold Medal. would not think would have any inter- Senator wants to place a hold, that is What we have is a group of Senators est whatsoever in regulation of finan- all well and good, but it shouldn’t be a from the other side of the aisle, for the cial services. secret hold. As the previous two speak- most part, who are gaming the system. We think of financial services as iners have said—and I think Senator We have been spending a lot of time in surance companies and brokerage MCCASKILL as well—I have never used a the last few days talking about other houses and banks. What I have discov- hold. If I wish to put a hold on a nomi- people who game the system—people ered, hearing from my constituents, is nee, I will make it public. I will make on Wall Street—so I don’t think it that the people who are the most wor- the case and take a stand on the floor should be happening in this very Cham- ried about this are small business men of the Senate. That is the way we want ber. and women who have nothing to do

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2549 with banking but who do have a pro- that will be the impact of this bill. porter of the status quo? No, I am not. gram in their business to extend some Across the board it will be to reduce But I do not believe the bill that came degree of consumer credit. credit, it will be to reduce opportunity, out of the Banking Committee is an I will give an example: a furniture it will be to damage small businesses. improvement. store that sells furniture and adver- Again, I have not talked to the peo- I yield the floor. tises you buy the furniture now and ple on Wall Street. I have talked to the The PRESIDING OFFICER. The Sen- payment is delayed for 90 days as a people on Center Street—I would say ator from Maryland is recognized. come-on to get people to come in. Mr. Main Street because every town in f President, you have seen those ads in America has a Main Street, but in EARTH DAY the paper in Washington. I have seen Utah, in addition to Main Street, we those ads. It is the kind of thing that have Center Street in many of these Mr. CARDIN. Mr. President, I take goes on. small towns. That shows how close to this time to commemorate the 40th an- Businesses extend credit in one way the issue the people in Utah are. niversary of Earth Day that we cele- or another. It is not the core of their There is another issue I feel strongly brate today, April 22. I think we first need to acknowledge business, it is just a way of trying to about, and that is the definition of that we have made a lot of progress attract customers. Suddenly they dis- ‘‘too big to fail.’’ This creates and so- since the Cuyahoga River in Ohio cover, if this bill passes, they will be lidifies the notion that some people, caught fire in 1969. We have made a lot under the control of the Consumer Pro- some institutions are too big to fail. I of progress since the uncontrolled air tection Agency that is being created believe one of the lessons we have pollution that killed 20 people and for this, and Federal officers will have learned out of the crisis we went sickened 7,000 people over just a few the right to show up on their premises through starting in September of 2008 days. That happened in Donora, PA. We and say: This is not a proper handling is that nobody should be deemed too of this credit. We are going to treat have came a long way since the expose´ big to fail; and, indeed, we should cre- on the New York Love Canal, where you as if you were Citicorp or Goldman ate a circumstance where the bank- Sachs or whatever. We are going to toxic waste was dumped into neighbor- ruptcy courts handle things and there hood streams. come down with the heavy hand of the is no Federal bailout in the fashion of Federal Government to tell you how We have made a lot of progress. I saying: You are too big to fail and the think the most important symbol of you can do your business and fine you government will protect you from fail- or produce other kinds of barriers to that progress is that the environment ing. is now in mainstream America. It is your doing business. I remember years ago when we had The fellow says: Look, I just want to mainstream politics. It is a way of life the first bailout with Chrysler at the for us, and that is really good news. It sell a sofa, and I just want to be able to time. Lee Iacocca made his reputation sell it on credit to somebody who has given us the political strength to bringing Chrysler out of the bailout pass important environmental laws. We wants to buy it on credit. What is and repaying the government with in- wrong with that? passed the Clean Air Act, the Clean terest. People point to that and say: No, under the terms of this bill, the Water Act, the Superfund law. I am The government kept Chrysler from Consumer Protection Agency of the particularly pleased about the Chesa- Federal Government will be looking going under. The money was repaid. It peake Bay Program. I remember when down your throat. was just a loan guarantee. The govern- we started that program almost 30 As I move around the State, I have ment didn’t lose any money. years ago. It was a difficult start, and one small business man or woman after I remember one observer, when asked people wondered whether we would another come up to me and say: What about it, said: I am not worried about have the power to stay with this issue in the world are you people in Wash- whether the bailout will save Chrysler. so that we could try to reclaim the ington thinking about, the kinds of What I am worried about long term is Chesapeake Bay. Well, we did. It is still regulations you are going to put on me that it will work. an issue we are working on today. We and my business? Some of them are There were people saying: What hap- created the Environmental Protection saying they are afraid they are going pens if it fails? Agency, an agency in the Federal Gov- to have to close their doors rather than He said: I am not worried about it if ernment with the sole purpose to try to deal with this significant challenge. it fails. I am worried about it if it help us preserve the environment for We are, in this bill, overreacting to works and the Federal Government future generations. the seriousness of the crisis that has gets the appetite to step in, in example I think we can take pride in what we put us in this recession. I have a friend after example, and always point to the have been able to do. We have made who has been a Washington observer Chrysler bailout and say: Well, we great progress as a nation. We should for many years, and he says whenever made money on that, so we can do it celebrate our success in addressing the faced with a crisis, Congress always again. great environmental challenges of the does one of two things: nothing or By creating that kind of moral haz- past. But our work is not done. Our en- overreacts. This is a classic example of ard of stating these institutions are vironment faces new challenges today overreacting. too big to fail, we run the risk of seeing that are less visible and more incre- By creating a Consumer Protection a repetition rather than avoidance of mental but still pose great threats to Agency with the sole focus to protect the crisis we had that created all of the our treasured natural resources and all the consumer, we run the risk of doing difficulties in our economy today. the work we have done to protect and the kind of damage I have described to So, on the one hand, I speak for the restore them. For example, we do not small business. I say to people, if safe- small businessman and the small busi- worry that our great water bodies such ty is the only criterion by which you nesswoman who say this bill will be a as the Chesapeake Bay will catch fire, are going to judge an institution, the disaster for them. On the other side, I but there are small amounts of pollut- safest institution in which no one will say let’s not create, in the name of pro- ants running off millions of lawns that lose any money is the one whose doors tecting the customer, a circumstance accumulate and make it very difficult are closed, the one that offers no risk where institutions are deemed as too for us to reclaim our national treas- anywhere because all business is a risk. big to fail and can be guaranteed, once ures. If you are going to say, no, you are again, a degree of government backing The great wave of water infrastruc- going to protect the consumers abso- that the marketplace would not give ture we built over 40 years ago is now lutely, the way to protect the con- them. I trust the marketplace. We have past its useful life and must be re- sumers absolutely so that they will learned to do that as we go through the placed. Water main breaks, large and never lose a dime is not allow them to wreckage of what happened in the small waste water, destroy homes and make a purchase, not allow them to housing crisis. businesses, and undermine the water ever get a loan, not allow them to ever I think we need to be very careful quality benefits this infrastructure was receive any credit. with this bill. Do we need financial re- meant to protect. If this bill passes in the form it came form? Yes, we do. Would I vote for a Let me just give you a couple of ex- out of the House Banking Committee, sensible bill? Yes, I would. Am I a sup- amples that have happened in the last

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2550 CONGRESSIONAL RECORD — SENATE April 22, 2010 couple of years. In Bethesda, not very has been approved to have a promotion lot about reaching out to say: You are far from here, River Road, a major to the rank of major general by the not alone. And it was not just me; it thoroughfare, became a river because Senate Armed Services Committee, was all of my colleagues. But I chair of a water main break. In Dundalk, and that committee approved that pro- the subcommittee that provides the MD, right outside of downtown Balti- motion unanimously, the committee majority of the funding for this. We more, thousands of basements were headed by Senators CARL LEVIN and provided all of the funding for the flooded as a result of a water main JOHN MCCAIN. Both strongly support Corps of Engineers. The fact is, we break. In Baltimore County, just a few the promotion of General Walsh. That have put—listen to this—$14 billion— weeks ago, we had a water main break support was given and the notice of $14 billion—into New Orleans and Lou- that denied residential homeowners promotion was voted on by the Armed isiana. I am proud of having done it. It water service for many days. This is Services Committee in September of is what we ought to do as a country. happening all over. In the city of Balti- last year. But I must say that it wears out the more, 95 percent of their water mains This soldier’s career has been put on welcome a bit for someone to come to are over 65 years old and have not been hold by the hold of one Senator, the the floor to disparage the Corps of En- inspected. We need to pay attention to Senator from Louisiana. I informed gineers and the efforts of the Corps of these issues. him that I would speak on the floor on Engineers. That $14 billion—much of If I had to mention the single most this, so I am not being impolite. I nor- that runs through the Corps of Engi- important challenge we face, it is in mally would not speak of another per- neers, and I wonder where that city and our energy policies. We all understand son solely on the floor of the Senate. that State would be without the Corps that, the impact it has on our environ- Yet the Senator from Louisiana is the of Engineers to be engaged with them ment, but we should also acknowledge one who has exhibited the hold to pre- in these battles. that doing the energy policy right will vent the promotion of this soldier. So let me say to my colleague from be good for our national security. We I know this soldier. That is not why Louisiana that demands being made of spend $1 billion a day on imported oil. I am on the floor. I know General the Corps of Engineers that the corps That compromises our national secu- Walsh. He commands the Mississippi cannot possibly comply with because rity. Valley Division of the Corps of Engi- the law will not allow them to comply For the sake of our national security, neers and does a great job, in my judg- are demands that are never going to be we need to develop a self-sustained en- ment. But, again, his career has been met. To hold up the career of one dis- ergy policy on renewable energy stalled by the actions of one Senator. tinguished soldier who has served in sources. For the sake of our economy, That Senator indicates there are cer- wartime because the corps cannot meet we need to do that. We developed the tain demands he has of the Corps of En- demands required by the Senator from technology for solar power and wind gineers and unless they are met, he Louisiana is unfair. It is always and power. Yet we are not capitalizing on will not allow this soldier to be pro- will always be a disservice to uni- the jobs here in America. Jobs are our moted. The point is, this solder exe- formed soldiers anywhere to hold hos- most important goal. A sound energy cutes; this solder is not making policy tage promotions of soldiers in order to policy will allow us to create more jobs in the Corps of Engineers, and he can- get demands that cannot possibly be here in America. not do what the Senator from Lou- satisfied. But today, on Earth Day, I want to isiana demands he do. The Corps of En- So I am going to once again ask talk about the environment. A sound gineers does not have the legal author- unanimous consent that the nomina- energy policy means we can become a ity to do what the Senator from Lou- tion that has existed on this calendar world leader and bring this world into isiana demands he do. since September of last year to pro- some sense on what is happening on I have put in the RECORD the two let- mote a distinguished soldier who has a global climate change, on the indis- ters the Senator from Louisiana has distinguished record—I am going to criminate release of greenhouse gas given to the Corps of Engineers making ask once again that, at long last, per- emissions by the burning of fossil fuels certain demands. I have put in the haps my colleague will relent and allow and nitrogen and carbon into the air. RECORD the response from the Corps of the promotion to proceed and allow We know we can do better on that. Engineers. this soldier’s career to continue. So on this Earth Day, let’s rededicate I believe 2 days ago when we had this I ask unanimous consent that the ourselves to develop an energy policy discussion that my colleague from Lou- Senate proceed to Executive Calendar that will be not only good for our secu- isiana indicated the corps had missed No. 526, the nomination of BG Michael rity and our economy but good for our 14 deadlines or deadlines on 14 reports J. Walsh; that the nomination be con- environment. Addressing the failing and he was not happy with the Corps of firmed, the motion to reconsider be health of our world is not just in the Engineers. I went back and found out laid upon the table, any statements re- hands of our political leaders alone. what that was about. Let me just say lated to the nomination be printed in Each of us can make a difference by that 10 of those 14 reports dealt with the RECORD, and the President be im- changing the way we live and move the Louisiana coastal area. All of those mediately notified of the Senate’s ac- about the Earth. Our history shows us reports were authorized in WRDA 2007. tion. that bold and courageous actions by all Prior to initiating the studies, the The PRESIDING OFFICER. Is there of us to tackle our environmental chal- corps was required by other law that objection? lenges make us stronger, more vibrant, exists to execute a feasibility cost- The Senator from Louisiana. and a healthier nation. That should be sharing agreement with the State of Mr. VITTER. Mr. President, as my our message on this Earth Day. Louisiana. To cost share the study colleague knows, I object. Let my say I yield the floor. would result in the feasibility report. why I object. The PRESIDING OFFICER. The Sen- At the State of Louisiana’s request, The PRESIDING OFFICER. Objec- ator from North Dakota. the corps did not execute this agree- tion is heard. f ment until June of 2009. I can describe Mr. VITTER. Mr. President, may I the other four as well. proceed? UNANIMOUS CONSENT REQUEST— But to come to the floor and suggest The PRESIDING OFFICER. The Sen- EXECUTIVE CALENDAR that somehow the Corps of Engineers is ator from Louisiana is recognized. Mr. DORGAN. Mr. President, I had slothful and indolent, or at least sloth- Mr. VITTER. Let me explain why I informed my colleague from Louisiana ful, for missing a deadline on reports, object, as I have explained very openly, that I would come to the floor to once 10 of which they missed because the very clearly every step of the way. Mi- again ask unanimous consent on an State of Louisiana requested they be chael Walsh is one of the top nine offi- issue he has been holding or blocking, delayed—I don’t know, it seems to me cers of the U.S. Army Corps of Engi- and it is the issue of the promotion of that this may not be on the level. neers. He is part of the key leadership. General Walsh, a distinguished Amer- Let me make one final point. When a Senator DORGAN is a fierce, active, ican soldier who has served his country natural disaster hit Louisiana and New vocal defender of that bureaucracy, but for 30 years and served in wartime, who Orleans, I was one of those who cared a before he continues and plunges into

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2551 that fierce and vocal defense, I suggest lution. After that, I focused on three of they do. They have authorization. he step back for just a minute and the nine, rather than all nine. I laid They have authority. They can do the truly think about and understand what out why they did have the authority to study. They are not going to do it. Why he is defending. Before he accepts move forward in some positive way on don’t we compare these options, the every suggestion, every argument of all that. I am going to continue to do relative risk and the relative cost, be- the Corps of Engineers’ bureaucracy, I so until we get real, positive change at fore the Corps of Engineers plunges suggest he step back and look at the the corps and real, positive progress on ahead to build the option they them- history of the corps and look at the these important issues. selves say is less secure and less safe? source he is accepting as gospel truth. The Senator’s main argument, appar- The second key issue I have focused Senator DORGAN mentioned Hurri- ently spoon-fed by the corps, is that on in my letters to the corps is the cane Katrina, called it a great natural the corps has no authority to do any- mandated AGMAC project, including disaster. It was a great natural dis- thing in these areas, no authorization the buildup of protection banks in aster, a horrible natural disaster. It language from Congress. That is flat Vermilion Parish to give that parish was also a horrible manmade disaster wrong. Again, before the distinguished greater protection from storm surge. because if we want to talk about the Senator simply accepts every little e- They were devastated during Hurricane greatest damage—not the only damage mail, every little memo the corps feeds Rita, in particular, and also in signifi- but the greatest damage—inflicted him, perhaps he should consider the cant events since then. Again, the upon the country from Hurricane source of that information. If the corps corps has authority to do this project. Katrina—the flooding of the city of was always right, New Orleans would This project is in the WRDA bill. The New Orleans—that was manmade by have never flooded. If everything the corps says: We have busted our spend- the Corps of Engineers. corps said was good and true and gos- ing limits. We have explained to them That was due directly to the design pel, we would never have had those bil- various ways they can solve that prob- flaws of the outfall canals in New Orle- lions of dollars of damage in terms of lem by using O&M funds, exactly as ans by the Corps of Engineers. The the catastrophic flooding of New Orle- they have used O&M funds for bank Corps of Engineers has admitted this, ans caused solely by breaches in canals buildup in the MRGO project. We have and we have laid that out in congres- which were design flaws of the Corps of given them another route, to use the sional testimony since Katrina. The Engineers. CWPPRA program in conjunction with problem is, no one in that bureaucracy Let me go through a few specifics and the WRDA-mandated project. The has ever been held accountable for explain—I have done this with the corps’ response has been pretty simple. that. I don’t want to focus on looking corps over and over—the authority Its response has been: No, we don’t back. The even greater problem is they do have. One of my top concerns— want to do it. looking forward because that bureauc- Mr. DORGAN. Will the Senator Third and finally, the other big con- racy has not fundamentally changed. yield? cern I have highlighted and the most I challenge my distinguished col- Mr. VITTER. I will yield when I am obvious case of the Corps of Engineers league, Senator DORGAN, to spend half through. One of my top concerns is the ignoring the mandate of Congress, not as much time working with others to critical outfall canals in New Orleans. having authorization, actively ignoring change the truly broken bureaucracy It was the breaches in those canals the mandate of Congress, is the critical of the Corps of Engineers, spend half as that led to 80 percent of the cata- Morganza to the gulf flood protection much time as he has spent as a fierce, strophic flooding of New Orleans. It project. That project was initiated in active, and vocal defender of that bro- was those breaches that were caused by 1992, 18 years ago. Senator DORGAN, the ken bureaucracy. design flaws of the U.S. Army Corps of distinguished Senator from North Da- I am fighting for that change. I will Engineers. All I am asking under this kota, wants to say that the corps has continue to fight for that change. I will category is that the corps do a risk/ no authority in this area. This project use every tool available to me as a Sen- cost analysis of the different options was included in three different water ator to do so. For instance, in the last they have identified in terms of fixing resources bills, once, then twice, and WRDA bill, I worked very hard to craft the outfall canals. then a third time. Every step of the language to include in the bill the Lou- The reason I am concerned about the way, the corps has come up with ex- isiana Water Resources Council, an path they are moving down, which is cuses why they cannot move forward. outside peer review body, to bring out- their option 1, is that I truly believe it Under their present plan, they are re- side, independent expertise and anal- is much less safe and much less robust studying the project, and that restudy ysis to work with the corps on key than their identified option 2. It is not is due in December 2012. There is one projects following Hurricane Katrina. only I who believes that. It is the corps little problem with that. That will be That was included in the 2007 WRDA who admits it. In the corps’ report to after the next water resources bill, bill. It passed into law. Do my col- Congress, which we mandated, the which we hope to pass in 2011. All the leagues know what the corps did to im- corps itself said: Option 2—that is the people of LaFourche and Terrebone plement that? Nothing. Do they know option they are rejecting—is generally Parishes who are going without ade- how they acted to move that forward, more technically advantageous and quate protection, who are in danger an absolute, clear, statutory authoriza- may be more effective operationally every additional hurricane season, hav- tion from Congress? They did nothing. over option 1 because it would have ing missed three WRDA trains because They said they are not going to do it. greater reliability and further reduces of the foot-dragging of the corps, now Finally, I got them to change their the risk of flooding. under the corps’ present plan, they will tune. Finally, they are committed to In addition, Chris Accardo, the corps’ miss a fourth. beginning to move forward 3 years chief of operations in New Orleans, said We wish to talk about authorization later, but I had to get their attention he is in favor of option 2 over option 1, from Congress. Is specific, full con- through this scenario. absolutely. struction authorization in three WRDA Unfortunately, that is not the only In light of that, all I am asking, with bills not good enough? If that is not item on which they have ignored man- the rest of the Louisiana delegation, good enough, I don’t know how to meet dates from Congress and ignored press- with all the affected communities in the corps’ criteria. ing needs all around the country, in- southeast Louisiana, is that the corps If those three particular concerns are cluding my part of the country. I tried perform a risk/cost analysis comparing not enough, we can expand the list. In to pinpoint specific items where they these different options before they an attempt to work with the corps, in were not living up to their mandate or forge ahead building the option they an attempt to find resolution, I have to Congress’s direction. I could have themselves admit is less safe, less de- narrowed the list. I have tried to com- listed dozens. Instead, I focused on nine pendable. promise. I have offered to meet with specific items. I worked closely with It is also important to note that the them. I am offering to meet with them the corps, had several meetings dis- corps clearly has authorization from again, as I have done consistently cussing those items in an abundance of Congress to do this study. General Van throughout the process. But if nar- trying to work with them toward reso- Antwerp, in my office, clearly said rowing the list is going to be held

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2552 CONGRESSIONAL RECORD — SENATE April 22, 2010 against me, we can expand the list. Mr. VITTER. Mr. President, I ask would not tell the rest of the folks How about the final report of the Lou- unanimous consent for 2 additional here. But we actually had a vote on isiana Coastal Protection and Restora- minutes. that in the Senate Appropriations tion effort, a comprehensive analysis Mr. DORGAN. Mr. President, I ob- Committee. Guess how that vote came mandated in Public Law, an emergency ject. out. The majority of the Democrats appropriations bill after Hurricane The PRESIDING OFFICER. Objec- and the Republicans on the Appropria- Katrina? It was due in December 2007. tion is heard. tions Committee said: We do not intend It is not finished. It is not delayed be- The Senator’s time has expired. to spend more money for less flood con- cause of the State of Louisiana. It is The Senator from North Dakota. trol protection. We do not intend to do Mr. DORGAN. Mr. President, my col- delayed because of the corps. that. We voted no. It is just one little league from Louisiana describes me as I know Senator DORGAN is anxious piece of information my colleague left anxious. I will tell you what I am anx- for a promotion of the corps leadership. out on the floor of the Senate. Conven- ious about. I am anxious to have a I have to say, I am anxious for this ient perhaps, but, nonetheless, he left Member of this Senate stop using a critical report that was due in Decem- it out. U.S. soldier and the promotion of a sol- ber 2007. We haven’t seen it. I am not going to go through this. We dier as a pawn to meet certain de- Is that not good enough? How about have the majority leader and the mi- mands. I am anxious never to see that the Louisiana Water Resources Council nority leader on the floor. But I of- I talked about? That was mandated in happen again. We are talking about a soldier who fered, as a courtesy, to tell the Senator the 2007 WRDA bill. The corps has not from Louisiana when I was coming to produced it yet. It wasn’t just author- has served in wartime, has served 30 years, who, 6 months ago, was supposed the floor today. He did not extend the ized; it was mandated. It is not up and same courtesy to me when I asked him running. Senator DORGAN is anxious for to have been promoted by a unanimous vote of the Armed Services Committee to yield so I could make a point about a promotion for the pristine corps lead- the vote, so I will not be extending ership. I am anxious for that. under the leadership of CARL LEVIN and JOHN MCCAIN. Six months later, that that courtesy in the future. How about the establishment of a I am going to come to the floor again Coastal Louisiana Ecosystem Protec- soldier’s career is on hold because of one Senator. on a unanimous consent request say- tion and Restoration Task Force? That ing: Let’s have one person in this Sen- was mandated in the 2007 WRDA. We I wish to say this. I think it was Will Rogers who said: It is not what he says ate stop using the promotion of a dedi- haven’t seen that yet. The integration cated, decorated, American soldier as a team under that task force was a sepa- that bothers me. It is what he says he knows for sure that just ain’t so. I have pawn in order to meet demands that rate team mandated in the 2007 WRDA, the Corps of Engineers cannot meet. 3 years ago. Nowhere to be seen. That just heard the most unbelievable amount of fiction on this floor. Let me My colleague seems to think somehow is not being held up by the State. That that the Corps of Engineers is some- is the corps. Clear authorization, clear describe some of it. My colleague has thing, an organization without merit. I mandate, nowhere to be seen. just gone through a tortured lesson in will say this to him: There are plenty How about a comprehensive plan for the most unbelievable interpretation of protecting and preserving the Lou- the authority and the law with respect of things wrong with, I suppose, every isiana coast? That was due in Novem- to the Corps of Engineers. government agency and every govern- ber 2008. That was mandated in the 2007 I said when I started today that we ment organization. But I will say this. If you know much WRDA. It is not being held up by the have put $14 billion into New Orleans about the Corps of Engineers, you are State, but it is nowhere to be seen. and Louisiana. I have been proud to be not going to want to be in a big flood Senator DORGAN is anxious for pro- a part of that as chairman of the sub- fight without them as a partner. Oh, motion for the pristine corps leader- committee on Appropriations that ac- ship. I am anxious for this important tually funds these issues—$14 billion. they have made mistakes, I tell you. work to protect Louisiana citizens. But I will say to my colleague, my col- But nobody has had more floods than That is not the whole list. How about league is fast wearing out his welcome we have had in North Dakota, I expect, the Mississippi River Gulf Outlet Eco- with me and I expect the Corps of Engi- over a long period of time, and I wish system Restoration Plan? That was neers with this kind of behavior. to see the corps as a partner in the due in May of 2008. We haven’t seen it. I do not normally do this personally, flood fight because they are good. They It has not been submitted. It is a corps but I tell you what, when a soldier know what they are doing. report, not a State of Louisiana report. serves his country and then my col- Yes, they have made mistakes. But Nowhere to be seen. league says to that soldier: I am not when my colleague comes to the floor How about section 707 of the WRDA? going to allow you to be promoted of the Senate and says there are 14 re- That actually mandates that the State until the Corps of Engineers does what ports, the Corps of Engineers blew it— can get credit from one project and it I demand, when, in fact, the Corps of 14 reports—they cannot meet any dead- can be transferred to another project. Engineers cannot legally do what he lines, he does not tell the rest of the It is in clear language. The corps says demands, then I say that is using a sol- story. I went and checked on those 14 they are not going to do it. You want dier’s promotion as a pawn, and I think reports. Let me describe 10 of them. I clear authorization? We have it. The that is unbelievably awful to do. will not describe the other four because corps is ignoring it. I wish to say this. My colleague de- it would take some time. But for 10 of How about section 7006 in the same scribed—in fact, he said I was using in- the reports the deadline was not met 2007 WRDA. That requires that five formation the corps feeds me. He went on, it was because the reports required construction reports be submitted to into a whole series of pieces of lan- there be the execution of a feasibility Congress to move forward with key guage, suggesting we have all swal- cost-sharing agreement with the State projects authorized in that WRDA, five lowed the minnow somehow. of Louisiana, and at the request of the critical projects. They are authorized Let me say this. On the first item my State of Louisiana, the corps did not in the WRDA bill. They can’t move for- colleague raised, he forgot to make one execute the agreement until June of ward until those construction reports important point. He said: I demand 2009. are submitted by the corps. they do this. That is the first issue of So my colleague criticizes the Corps We have not seen the first thing of his letter to the Corps of Engineers— of Engineers, calls them a bunch of any of those five reports. The State is the outfall canals and pump to the elitists. He says they miss all these not holding them up. We are waiting on river. I demand they do this, he said. deadlines. Well, at least on 10 of the the corps. The distinguished Senator is Well, they cannot do that, actually. deadlines the State of Louisiana asked anxious about a promotion for the pris- What he is proposing, by the way, for them not to proceed with respect to tine corps leadership. Well, great. I am his State and his city is to spend more that agreement until June of 2009. That anxious to see that mandated report. money for less flood protection. That is is fundamentally unfair—fundamen- We can go on and on. The point is—— what he is proposing. tally unfair. The PRESIDING OFFICER. The Sen- The corps will not do it, and I will With respect to Morganza to the ator’s time has expired. tell you why. He knows why, but he gulf—and I could go through a whole

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Read the bill. solutely, whatever you like, we are Member of the Senate and our con- So in light of the objection, I now willing to do—as much as he would like stituents can actually read the bill and move to proceed. I am moving to pro- that, he is flat out dead wrong when he understand the details? ceed. It takes me 2 days. It takes the says they have the authority to do This bill potentially affects every Senate 2 days for this to ripen. We are these things. small bank and lending institution in going to have a vote Monday. We I put the demands in the RECORD, two our country. It has serious implica- should be on the bill today offering letters from my colleague. They are in tions for jobs and the availability of amendments, having opening state- the RECORD and I have read and will credit to spur economic growth. It has ments on the bill. Those who think it read—but I will not do it now because important consequences for the tax- is good, say something good about it. my colleagues are here and waiting to payers, if done incorrectly. Those who think it needs to be im- speak. I think Americans expect more of us. proved, improve it. But, no, we are Mr. REID. Mr. President, will my I think they expect us to take the time going to waste the next 4 days getting friend yield for a unanimous consent to do it right. I would add, my impres- on the bill. request and then the Senator will sion was that serious discussions were CLOTURE MOTION maintain the floor? going on. I think they should continue. So in light of the objection, I now Mr. DORGAN. Mr. President, I will Therefore, Mr. President, I object. move to proceed to Calendar No. 349, S. The PRESIDING OFFICER. Objec- be happy to yield without losing my 3217, and I send a cloture motion to the tion is heard. right to the floor. desk. Mr. REID. I will say to my friend, we The majority leader. The PRESIDING OFFICER. The clo- have 99 other holds, but this one, I will Mr. REID. Thank you, Mr. President. ture motion having been presented have to acknowledge, is a little egre- Here we go again. This is a bill that under rule XXII, the Chair directs the gious. One of our finest military people has been out here for a month—weeks. clerk to read the motion. is being held up for this. There are I think people even reading slowly The legislative clerk read as follows: ways we can move around this, and we would have a chance to work their way will do it as quickly as we can with clo- through that in a month. This Kabuki CLOTURE MOTION ture. dance we have been involved in for We, the undersigned Senators, in accord- I appreciate my friend yielding. months now—my friend, and he is my ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without friend, the ranking member of that Standing Rules of the Senate, do hereby objection, the majority leader is recog- committee, the distinguished senior move to bring to a close debate on the mo- Senator from Alabama, worked with tion to proceed to Calendar No. 349, S. 3217, nized. the Restoring American Financial Stability Mr. VITTER. Mr. President, I ask the chairman of the committee for Act of 2010: unanimous consent for 30 additional weeks and weeks—weeks going into Harry Reid, Christopher J. Dodd, Byron seconds. months—trying to come up with a deal L. Dorgan, Mark Udall, Roland W. Mr. REID. Mr. President, we have to we could move forward on. That was no Burris, Daniel K. Inouye, Sherrod get this done. OK. longer possible. No negotiations went Brown, Robert P. Casey, Jr., Mark The PRESIDING OFFICER. The ma- on. My friend from Alabama said that Begich, Patrick J. Leahy, Tom Udall, jority leader is recognized. is enough. Patty Murray, Tom Harkin, Richard J. Then we get the Senator from Ten- Durbin, Frank R. Lautenberg, Ben- f jamin L. Cardin, Bill Nelson, Jack nessee coming in and spending weeks Reed. RESTORING AMERICAN FINANCIAL with my friend, the chairman of the STABILITY ACT OF 2010—MOTION Banking Committee, Senator DODD. Mr. REID. Mr. President, just so the TO PROCEED That fell through. American public knows this also, if Mr. REID. Mr. President, I ask unan- We are moving to this bill because we there is an agreement reached between imous consent that at 3 p.m., Monday, need transparency, we need account- Senators DODD and SHELBY and anyone April 26, the Senate proceed to the con- ability, we need someone to respond to objected to that agreement, I would sideration of Calendar No. 349, S. 3217, Wall Street because they have not re- have to start all over with a bill be- a bill to promote the financial stability sponded to us. cause it would be a new bill and we of the United States by improving ac- This game is apparent to the Amer- would have the same games being countability and transparency. ican people. My friends on the other played. So if they can come to an The PRESIDING OFFICER. Is there side of the aisle are betting on failure agreement, more power to them. They objection? again, as they did with health care, as will work this out as an amendment to Mr. MCCONNELL. Mr. President, re- they have done on everything this the bill or a substitute. serving the right to object. year. They did not get—health care Mr. President, I ask unanimous con- The PRESIDING OFFICER. The Re- was not Obama’s Waterloo. Maybe they sent that the vote on the motion to in- publican leader. want this to be his Waterloo, but it is voke cloture on the motion to proceed Mr. MCCONNELL. Reserving the not going to be. We are going to move occur at 5 p.m., Monday—I will drag right to object, and I will object, here forward on this piece of legislation be- the vote; some people wanted it earlier, we go again. The majority leader is cause the American people demand it. some wanted it later, and we will not once again moving to a bill, even while I have said publicly on many occa- close the vote until at least a quarter bipartisan discussions on the content sions, we need to get on this bill. Re- to 6—so that will be on Monday, April of the bill are still underway. member, we are not finalizing the bill. 26, at 5 p.m., and with the mandatory Just about an hour ago, the majority We are asking for the simple task we quorum being waived. leader said: used to do easily: move to the bill. I am The PRESIDING OFFICER. Is there I’m not going to waste any more time of only asking permission to get on the objection? the American people while they come up bill—to get on the bill—and then start Without objection, it is so ordered. with some agreement. offering amendments. I am not asking The PRESIDING OFFICER. The Re- Well, I do not think bipartisanship is everybody to approve the bill as it is publican leader. a waste of time. I do not think a bill written. All I am asking for is we move Mr. MCCONNELL. Mr. President, I with the legitimacy of a bipartisan to the bill. would only add, briefly, that Senator agreement is a waste of time. If there is an agreement reached be- DODD and Senator SHELBY are on the Is it a waste of time to ensure that tween the ranking member and the floor. I would encourage them to con- the taxpayers never again bail out Wall chairman of the committee, it is easy tinue to do what they have been doing, Street firms? Is it a waste of time to to take care of that. There would be a which is to try to reach an agreement.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2554 CONGRESSIONAL RECORD — SENATE April 22, 2010 The only place where I would dis- secret hold or this area of abeyance. A ator from Louisiana will respond and I agree with my good friend, the major- number of my colleagues have spoken will respond to him and, hopefully, ity leader, is I think it does make a dif- about this already. All of the freshman someday he will decide there are other ference which bill we turn to. Hope- and sophomore Democratic Members— ways for him to achieve the means to fully, the bill we turn to will not be a and I am sure we would welcome our an end rather than use the promotion bill that came out of the committee on Republican colleagues to do the same— of this dedicated soldier as a pawn in a party-line vote but, rather, a bill ne- are saying this process of putting peo- this effort he is making. gotiated on a bipartisan basis by those ple on hold, particularly seeking holds This Congress has appropriated $14 who know the most about the subject: that have no relationship to their billion to help the people of New Orle- Senator DODD, Senator SHELBY, and qualifications for the job, is wrong. ans and Louisiana. How do I know the members of their committee. I don’t know how to answer this that? Because I chair the appropria- It is still my hope we will be able to when people around Virginia ask me: tions subcommittee that funds these go forward on a bipartisan basis, and I Why can’t you get stuff done, and why things. I chair that subcommittee. I look forward to hearing from Chairman can’t these things be moved forward? have been willing and anxious to help DODD and Ranking Member SHELBY So a number of us—we may be new to the people of Louisiana and New Orle- about the progress they make. the body, but just because of the very ans. I have been willing to do that be- I yield the floor. action that is being debated right cause I saw what they were hit with: an now—are going to continue to press The PRESIDING OFFICER. The Sen- unbelievable tragedy. I saw it. But I this issue. I commend the Senator from ator from North Dakota has the floor. think it is pretty Byzantine to come to North Dakota. The Senator from North Dakota is the floor and hear the relentless criti- recognized. Again, is the Senator from North Da- kota aware of any substantive reasons cism of the Corps of Engineers that has NOMINATION OF BRIGADIER GENERAL MICHAEL J. stood with the people of Louisiana and WALSH this man who served our country for so long in our military should not be con- New Orleans, and even today is helping Mr. DORGAN. Mr. President, I am rebuild with that $14 billion. I think tempted to ask the minority leader, firmed as the head of the Army Corps of Engineers? there is a time when you wear out the while he is on the floor, whether he Mr. DORGAN. Mr. President, I would welcome of certainly this Senator and might help us proceed to overcome the say to the Senator from Virginia, there others who have been so quick and so objections of Senator VITTER and are no reasons with respect to this per- anxious to help, and you wear out the achieve the promotion that was offered son’s military service. I have not heard welcome of agencies such as the Corps 6 months ago but since has been any reasons from the Senator from of Engineers when you suggest some- blocked for a distinguished soldier. I Louisiana. He is not holding up his pro- how that they are a bunch of slothful guess I will withhold on that and wait motion because he thinks the man is bureaucrats who can’t do anything for another moment. unfit or didn’t earn the promotion; he right. But let me indicate quickly—and I is holding up the promotion because he I have seen people wear out their wel- will be happy to respond to a question says he is demanding other things from come, and I tell my colleagues this: then—the Outfall Canals/Pump to the the Corps of Engineers. This exercise in using this soldier as a river, which my colleague is so signifi- Despite my irritation, let me say I pawn in this little game, trying to mis- cantly criticizing the Corps of Engi- don’t dislike my colleague from Lou- read the law and the authorities of the neers for—let me read specifically: isiana. I intensely dislike what he is Corps of Engineers to demand that The Corps will conduct a supplementary doing, and I expect most informed sol- they do what they can’t do in order to risk reduction analysis as part of the de- diers in this country should dislike satisfy one Senator, it is the wrong tailed engineering feasibility study, includ- what he is doing because I believe it way to do business in this Senate. ing the NEPA compliance documentation, puts a soldier in the position of being a for options 2 and 2a, if Congress appropriates I have not convinced my colleague to funds for the study. pawn as between the demands of a U.S. release his hold and allow, after 6 Senator and some agency. Congress has actually voted on these months, this soldier’s career to move I will go through at some point—the forward. I know this is just one. There funds through the Appropriations Com- Senator, I know, is leaving this after- mittee and said: No, we would not do are 100 of them on the calendar. This is noon, and that is why I, as a matter of one, but it is one that is unusual. It is that. courtesy, told him when I would come So my colleague knows that holding one that is unusual because one sol- to the floor. But at some point later dier’s career that has been rec- up the promotion of a soldier is not when others aren’t waiting, I will go going to achieve his ends. The Appro- ommended for promotion by Repub- through and describe the issues, re- licans and Democrats alike is being priations Committee has already voted. sponses to the issues, because the rest I am happy to yield to the Senator held up by only one person. I have not of the story is much more compelling heard one other person come to this from Virginia for a question. than the half story given to us by the Mr. WARNER. Mr. President, I appre- Chamber and say: I think it is a good Senator from Louisiana. idea to use a soldier’s promotion as a ciate that. I have a question. I appre- The Ouachita River levees, the au- pawn to try to get what I want. There ciate the comments of the Senator thorization for that Ouachita River is not one other person who has done from North Dakota, and I agree with and tributaries projects specifies that that, and I don’t think there is another his comments. I have to say—and I levee work is a nonfederal responsi- Senator who would do it. If there is, know some of my colleagues were here bility. Congress has not enacted a gen- let’s hear from them. earlier. eral provisional law that would sup- Before I came to this body, I spent a plant this nonfederal responsibility and I will come back later. I know my career as a CEO of a business and a allow the corps to correct levee dam- colleague wishes to speak. Had he CEO of a State. While I have great re- ages not associated with flood events. wanted me to yield, I certainly would spect for this body and the rules and As much as a person—as someone have yielded, even though he would not traditions of this body, something here—doesn’t like that answer, that is yield to me. There are certain things seems a little strange when 15 months the answer. Again, my colleague is say- we shouldn’t do around here. Again, I into a new administration, this Presi- ing—if you strip away all the bark, my don’t dislike him, but I certainly dis- dent can’t get his nominees up for a colleague is saying: I demand we spend like what he is doing because I think it straight up-or-down vote—put the more money on something that will is so fundamentally wrong and under- management team in place. If there is give us less flood control. Well, look, mines the kinds of circumstances in a challenge or a problem with the the Senate Appropriations Committee which we have always evaluated the qualifications of the gentleman the has been confronted with that, and the merit of promotions for soldiers who President proposes to be the head of Senate Appropriations Committee said: have served this country. the Corps of Engineers, we ought to de- No way, we are not going to do it. I yield the floor. bate that and vote him down, but he One final point, and then I will come The PRESIDING OFFICER. The Sen- should not be held in this kind of gray back at some later point and the Sen- ator from Louisiana.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2555 Mr. VITTER. Mr. President, I am dis- also from time to time a thank-you is curities, with risk insurance, with appointed. I am disappointed. I am dis- in order. I also think in every case—in housing issues, with credit cards—all appointed my distinguished colleague each and every case, the truth is in sorts of issues that our Banking Com- is continuing to simply blindly, in my order. I will go through and in every mittee has wrestled with in the midst opinion, be a fierce defender of a bu- single circumstance describe where the of the worst economic crisis since the reaucracy which is truly broken. Not a Senator from Louisiana has said the Great Depression. pawn in anything, a member of the Corps of Engineers has the authority So before another word is said, before leadership, one of the top nine officers and has the funding, and I will show another amendment is filed or another of the leadership of this bureaucracy. him that he is dead wrong, and I think motion made, let me say thank you to For my part, I will continue to fight he knows it. RICHARD SHELBY and my other mem- to change, to fundamentally change But if this impasse continues, my bers of the committee for their co- that bureaucracy and, for starters, to colleague, Senator REID, the majority operation and the work we have done have them follow the law, to have them leader, does have the capability to take together on that committee. Very few follow their mandates, their authoriza- 2 days of the Senate’s time to file a clo- votes that have occurred have been tions in the WRDA bill and the other ture motion, and my expectation would negative votes. We had a few of them legislation I have outlined. be that the vote would be 99 to 1 be- that happened; that is understandable I have outlined the authorization cause I don’t know of one other Mem- from time to time. But, by and large, clearly to the corps. I will outline it ber of the Senate who wants to hold up we have worked together. again. I have outlined these significant the promotion of soldiers in order to I want our colleagues to know, but studies that are overdue, have never meet demands that a specific Federal also I think most of us want the Amer- been produced, not because of the fault agency cannot possibly meet. ican public to know, that despite polit- of anyone else, not because of the State I yield the floor. ical differences, the fact that we come of Louisiana. I will meet with them The PRESIDING OFFICER. The Sen- from different parts of the country next week. I will continue to work on ator from Louisiana. doesn’t separate our common deter- that. I invite the Senator to work on Mr. VITTER. Mr. President, just to mination to see to it that we put our- that sort of fundamental change, not close, I have said thank you many selves on a much more solid footing just fiercely defending this, in my opin- times, certainly to the American peo- than, obviously, we were at the time ion, truly broken bureaucracy. ple, to these bodies in Washington rep- this crisis emerged. We want to never I will also note, as the majority lead- resenting the American people. The again see our Nation placed in eco- er noted, one Senator cannot kill this Senator is certainly right about that nomic peril as it was over the last sev- nomination. One Senator cannot stop generosity and about a lot of the work eral years, with as many jobs and this promotion. The Senate can move of the corps. homes lost and retirements on it, so I invite the Senate and the I do disagree with the Senator in sort evaporating, health care disappearing majority leader to do that. It is com- of lightly tripping over as a minor mis- because of job loss. We have been deal- pletely within the majority leader’s— take design flaws that caused 80 per- ing with all of the problems: small his party’s power to move on that and cent of the catastrophic flooding of the businesses collapsing, credit shutting to proceed with this nomination, and city of New Orleans. I wouldn’t think down, capital not available for new certainly one Senator cannot stop that is a minor mistake to trip over. starts and new ideas. that. But this one Senator will con- But I will continue to work with the So we have put together a bill. tinue to fight to hold the corps’ feet to corps to resolve these issues, and I will Granted, it was not a bipartisan vote in the fire to make them live by their go through every one of those addi- committee, but as I am sure my col- mandates, to move forward on these tional 11 items I outlined because we league will recognize, much of what is critical protection issues for Louisiana. are waiting on that critical work and in this bill today is different than the Thank you, Mr. President. one I offered in November. I am not The PRESIDING OFFICER. The Sen- on those critical reports. That is not going to suggest that my friend from ator from North Dakota. only authorized, but it is mandated in Mr. DORGAN. Let me just quickly the 2007 WRDA bill and other bills, and Alabama and others loved every dotted say I intend to work with everybody in we need that to move forward. I and crossed t, but I believe he will ac- this Chamber who comes here to work Thank you, Mr. President. knowledge that there is a lot of co- in good faith to solve problems. But in The PRESIDING OFFICER. The Sen- operation represented in this bill, try- my judgment, it is an unbelievable ator from Connecticut is recognized. ing to come to some common territory mistake to use the promotion of sol- Mr. DODD. Mr. President, I note the so we can say to the American public: diers as a pawn in these circumstances. presence of my colleague and friend Never again will you be asked to spend I would say that as chairman of the from Alabama, the former chairman a nickel of your money to bail out a fi- subcommittee that funds all of these and now ranking member of the Bank- nancial institution. The presumption is projects and all of these issues, I have ing Committee on the Senate floor, and failure and bankruptcy. We want to been pleased to send all of that I will be very brief. We have heard the wind you down in a way that doesn’t money—$14 billion—down to Louisiana. proposal by the majority leader, the jeopardize other solvent companies and But as I said, my friend is fast wearing objection by the minority leader, and the rest of our economy in the country. out his welcome. I think my friend the announcement that there will be a We want to make sure consumers get might want to learn the words ‘‘thank filing of a cloture motion which will protected, when they have a place to you,’’ thank you to this Chamber, mature, I think, on Monday around 5 go—when a product they buy fails, thanks to the rest of the American peo- o’clock or so when a vote will occur. there is a place they can go. We re- ple who said to some people who were Let me briefly express, first of all, cently saw an automobile company hit with an unbelievable tragedy: You my thanks to RICHARD SHELBY, my col- where the accelerator jammed and peo- are not alone. You are not alone. This league from Alabama. For many ple were put at risk. There was a recall country cares about you and is going to months—going back more than a year, on that product because it placed peo- invest in your future. But I also think actually—we have been working to- ple at risk. Nothing exists today that thank you to the Corps of Engineers. It gether now on this. Over the last 38 or allows for a recall of a financial prod- is quite clear they have probably made 39 months that I have been privileged uct that puts you at risk. Our bill tries some mistakes in all of our States. It is to be chairman of the committee, we to do that. We try to complete an also clear that it would be a pretty dif- have sat next to each other. There have early-warning system so we can pick ficult circumstance for a State or for been some 42 proposals that have come up economic problems before they me- people in any State to fight these bat- out of the Banking Committee over the tastasize into major issues. There are tles without the experience and the last 38 months, and I think 37 of them other pieces of it as well. knowledge and the capability of the are now the law of the land. We are working to come to a common Corps of Engineers. There have been a wide range of understanding of how best to achieve I just think from time to time con- issues, including things such as flood those goals and results. My hope is, be- structive criticism is in order. I think control, but also dealing with port se- cause of the magnitude of the bill, we

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2556 CONGRESSIONAL RECORD — SENATE April 22, 2010 can get to a debate and discussion. My they marked up a bill dealing with de- on the Banking Committee. I worked experience over 30 years in this Cham- rivatives and other matters, as they with him, as he said, day-in and day- ber is that we never get to a resolution should. There is jurisdiction of that out, and this is the fourth year of his of issues until we have to. As long as matter in their committee. We did the chairmanship. We have achieved a lot there are sort of discussion groups same. We have some jurisdiction over together in a bipartisan way. going on in various rooms of the Cap- the subject matter. We need to har- Both sides of the aisle are working itol and meetings that we have—that is monize the rulemaking on that subject together for a common goal. We share all helpful and can help us understand matter. a lot of these goals. What are some of issues better, but the only way we get I hope that on Monday afternoon, the goals? to a resolution of conflicting ideas, in Senator SHELBY and I will continue Ending bailouts. Senator DODD and I the final analysis, is to be on the floor working with each other, as will our both believe that nothing should be too of this Chamber, where Members bring staffs today, tomorrow, and over the big to fail—financial institutions and, I their ideas and we work on them to- weekend, to try to come to some un- believe, manufacturing and anything gether. We try to accept the good ones derstanding on some of these matters. else. Nothing should be too big to fail. or modify them to make them fit into I am not going to tell you to count on We are working toward that end. Protecting consumers. We are very the structure. The bad ideas we try to the two of us to solve all of our prob- interested in a consumer agency. We reject when we can. But you have to be lems. We cannot. want to balance that, while protecting here. I ask everybody, let’s get to the de- the deposit insurance fund and so Senator SHELBY and I, as hard as we bate. The American people cannot tol- forth. work, we know we don’t represent 98 erate us doing nothing, waiting around to see if another crisis comes and Regulating derivatives. Let’s be hon- other people in this Chamber. Other est, they played a big role—a lot of Members who are not members of our whether we can respond to it. That is unacceptable. them in the closet, unknown, and so committee or who are members of our forth—in our financial debacle. Deriva- committee certainly have every right About 5 on Monday, we need to have the votes to go forward. The two of us tives are used every day legitimately to be heard on this bill and to express by so many of our businesses, not only their ideas as to how we can do a better will sit in our respective chairs and present our ideas and talk and discuss in America but all over the world. So job of achieving what we are trying to we need to regulate derivatives while achieve. But we need to get there. If we how these ideas can emerge, and we will invite our colleagues to come to protecting jobs and our economic don’t even have the chance to start growth. It is a common desire. Details this process, you can’t ask the two of the floor to debate, discuss, and offer their ideas, and we will try to make matter here. The Presiding Officer un- us to resolve it for everybody. It is too derstands that. Senator DODD under- much. We can try to come close and we this an even better bill. We think we have a good one, but we also know that stands it very well. can try to reflect the views of our re- As we are moving down the road in anybody who suggests to you that they spective caucuses and the American the process, we are continuing to nego- have written the perfect piece of legis- people, but don’t expect us to sit there tiate and to do it in good faith, trying lation, be wary of them. I have never and write a complete bill to deal with to reach a common goal. Who knows seen a perfect bill in 30 years—maybe a an entire meltdown of the financial what will happen between now and Mother’s Day resolution or something, sector of our Nation. We can help get Monday or next Tuesday or Wednesday but aside from that, don’t count on there. We have good ideas on how to or Thursday. I hope it is a bipartisan perfection to be offered here. It is any- achieve it. But we need this body to bill and that we can gather a lot of peo- thing but perfect. I hope we get to that function. It cannot function as long as ple on both sides of the aisle to support moment. we are debating whether we can even it. I think that is one of our goals. We have had our discussions over the What is the main goal? To do it get to the bill. last week, and I will continue talking We have spent more than a year on right. Don’t just do it, but do it right. about the substance of our bill. We can- this, and over a month ago we finished Will it be perfect? Nothing is perfect, not turn into a petulant organization as Senator DODD talks about. But if we our work in the committee. It was here that screams at each other. We voted out of committee. It wasn’t a bi- work in good faith, as we are trying to need to get about the business the while the process is going forward, I partisan vote, but we moved forward. American people sent us here to Now we have a chance for this body to think we can make some real progress achieve. With the relationship I have toward the common goal—to have a act on the product that came out of had with my friend from Alabama, I re- committee, which will be before us. strong financial system that is well main optimistic we will get the job regulated, to have derivatives that are Where we can get agreement and some done. changes, we will have a managers’ brought out of the closet to work, and Legislative processes are not the to have a consumer agency that will amendment or a substitute or whatever most beautiful things to watch. It is procedural way necessary to try to ac- work for all of us. There are many what our Founders designed, what other things, but that is my goal, and commodate those, reflecting the ideas those who have come before us have of our colleagues. Others can bring I share that with Senator DODD. been able to use to achieve some of the I yield the floor. their ideas to the debate. We need to great successes of our Nation on many The PRESIDING OFFICER. The Sen- have that. That cannot occur until we different matters. ator from Colorado is recognized. are actually here doing it. We are now confronted with another (The remarks of Mr. UDALL of Colo- I urge my colleagues, principally, I great challenge as to whether we can rado pertaining to the introduction of say, on the minority side but not ex- step up and resolve the kinds of issues S. 3247 are located in today’s RECORD clusively—I think there are those on that would avoid the kind of catas- under ‘‘Statements on Introduced Bills the majority side as well—everybody trophe we almost witnessed in our Na- and Joint Resolutions.’’) can play hold-up and say: If I don’t get tion. That is our job. We are chosen by Mr. UDALL of Colorado. Mr. Presi- my way and if you don’t do what I the citizens in our States to represent dent, I yield the floor. want, then I will object to getting to not only their interests but our fellow The PRESIDING OFFICER (Mr. the bill. If that is the case, who wins on countrymen’s interests as well. FRANKEN). The Senator from New Mex- this matter? Certainly not the Amer- I look forward to the vote on Mon- ico is recognized. ican people, who expect a little more day. I hope we may not have to have it, Mr. BINGAMAN. I thank the Chair. out of this Chamber than whether each that we can proceed to the bill and let (The remarks of Mr. BINGAMAN per- 100 of us insists upon our own agenda. Senator SHELBY and I and the com- taining to the introduction of S. 3248 It doesn’t work that way, unfortu- mittee members and others do the are printed in today’s RECORD under nately. This is not an executive body. work and shape a good bill. ‘‘Statements on Introduced Bills and We are coequals here, even those in the The PRESIDING OFFICER. The Sen- Joint Resolutions.’’) leadership. We have a right to be heard. ator from Alabama. EARTH DAY My colleague from Arkansas, chair- Mr. SHELBY. Mr. President, first, I Mr. BINGAMAN. Mr. President, I man of the Agriculture Committee— thank Senator DODD for his leadership wish to speak for a moment about

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2557 Earth Day. This is the 40th anniversary campus on Wednesday made Wednesday, I think this is a noble agenda. It is an of Earth Day—the 40th Earth Day, in April 22, the first Earth Day. Critics of the ambitious agenda because it engages fact, the 22nd of April. I am speaking movement pointed out that April 22 hap- the entire American economy. We want now because of my great admiration pened to be Vladimir Lenin’s birthday, but to be sure we do the right thing, the re- Senator Nelson rebutted that it was also the for the work of Senator Gaylord Nelson birthday of the first environmentalist, Saint sponsible thing, when it comes to clean in establishing this Earth Day. I was Francis of Assisi. energy and our future but not at the reminded of it in two respects in the An astonishing success, the first Earth Day cost of economic growth and develop- last week. One was getting to visit in 1970 was celebrated by some 20 million ment. I happen to believe a case can be with his widow, Carrie Lee Nelson, who Americans on 2,000 college campuses, at made that absent our effort, we are is a great personage herself, who made 10,000 primary and secondary schools, and in going to fall behind in the development a great contribution to his career in hundreds of communities. Forty years later, of industries that have great potential. public service and continues today to its commemoration this week is expected to There was a time that the two words, attract 500 million people in 175 countries. advocate for the same issues he advo- ‘‘Silicon Valley,’’ sent a message not cated for, particularly as they relate to I will at some later point talk about only to America but to the world that the environment. the environmental legacy of one of our we were leading in the information Also earlier this year, Don Ritchie, own Senators from New Mexico, Sen- technology development arena. I can- our Senate Historian who speaks to us ator Clinton Anderson, who was one of not even guess at the number of jobs, on Tuesdays at the Democratic lunch the prime sponsors and promoters of businesses, and wealth that was cre- each week when we get together, gave the Wilderness Act and worked with ated by that information technology what I thought was a fitting tribute to Gaylord Nelson on many of these same leadership in the United States. Now Gaylord Nelson that I wanted to share environmental issues and, of course, we need to seize that leadership again. with people. I asked permission to do with President Kennedy, Stewart It is frustrating, if not infuriating, to that. Don Ritchie agreed that was Udall, and with President Johnson. think that 50 years ago, Bell Labs in something that was acceptable. I would There are many people who deserve the United States developed solar pan- like to read through this and take 2 or great credit for the legacy in this coun- els. Now, of the 10 largest solar panel 3 minutes. try and the focus on environmental producers in the world, not one is in As the Senate Historian, he re- issues, and Earth Day is an appropriate the United States. That has to change. counted the facts as follows: time to acknowledge their contribu- It is something of a cliche, but I say it This past weekend, the Mini Page, a syn- tions. in my speeches and it resonates with dicated children’s supplement that appears Mr. President, I yield the floor. people, that I would like to go into in 500 newspapers across the country, paid The PRESIDING OFFICER. The Sen- more stores in America and find ‘‘Made special tribute to a former U.S. Senator, ator from Illinois. in America’’ stamped on those prod- Gaylord Nelson, for launching the first Earth Mr. DURBIN. Mr. President, I com- ucts. Day on April 22, 1970. Five years after his mend the Senator from New Mexico for When it comes to this type of tech- death, Senator Nelson remains an icon of the drawing our attention to Earth Day. It environmental movement. nology—solar panels, wind turbines— Senator Nelson used to say he came to has certainly become a national, if not there is no reason we can’t build these environmentalism by osmosis, having grown global, observance that calls to mind in the United States so that we are up in Clear Lake, WI. He promoted conserva- the relationship we have with this achieving many goals at once: a clean tion as Governor of Wisconsin and, after he Earth that we live on and our respon- energy alternative, reducing our de- was elected to the Senate in 1962, he used his sibilities. We are now considering legis- pendence on foreign oil, creating good- maiden speech to call for a comprehensive lation involving carbon and the impact paying jobs in industries with a future, nationwide program to save the natural re- of carbon on the environment and on and in the process doing the right sources of America. He went on to compile this planet. There are some differences an impressive list of legislative accomplish- thing for Mother Earth. Earth Day is a ments, which included preserving the Appa- of opinions on the floor of the Senate time to reflect on that. lachian Trail, banning DDT, and promoting about whether this is a challenge and, I have often spent Earth Day back in clean air and clean water. But it was Earth if it is, how to address it. Illinois, downstate with farmers, and I Day that gave him international prominence Early next week, three of our col- can’t think of any class of people in and served as his lasting legacy. leagues are going to step forward with America closer to Mother Nature every Senator Nelson worried that the United a proposal. Senator JOHN KERRY has single day of their lives. Most of them States lacked a unity of purpose to respond spearheaded an effort, working with to the increasing threats against the envi- are not all that comfortable with these ronment. The problem, in his words, was how Senator BARBARA BOXER and Senator so-called environmentalists. They to get a nation to wake up and pay attention BINGAMAN, to come forward with an think they are too theoretical and not to the most important challenge the human idea of clean energy. He will be joined grounded in the reality that farmers species faces on the planet. Then a number of by Senator JOSEPH LIEBERMAN and Sen- face in their lives. But I have tried to incidents converged to help him frame a so- ator LINDSEY GRAHAM. It is a bipar- draw them together in conversation, lution. In 1969, a major oilspill off the coast tisan effort. and almost inevitably they come up of Santa Barbara covered miles of beaches What they are seeking to do in this with some common approaches. with tar. Senator Nelson toured the area in bill is certainly consistent with the Whether we are talking about soil August and was outraged by the damage the oilspill had caused, but was also impressed goals of Earth Day and our national and water conservation or reduction of with the many people who rallied to clean up goals: First, to reduce our dependence the use of chemicals on the land, all of the mess. Flying back from California, the on foreign oil, to encourage domestic these things are consistent with both Senator read a magazine article about the energy sources that are renewable and environmental goals and profitable anti-Vietnam War teach-ins that were tak- sustainable so we can build on our fu- farming. So I look at our stewards of ing place on college campuses. This inspired ture; second, to create jobs, which is the agricultural scene in America as him to apply the same model to the environ- our highest priority in this Congress part of our environmental community ment. with the recession we face. We under- In September 1969, the Senator charged his who can play a critical role in charting staff with figuring out how to sponsor envi- stand the reality that countries such as a course in making policies for the fu- ronmental teach-ins on college campuses na- China see a great potential for building ture. tionwide, to be held on the same day the fol- solar panels and wind turbines and a Mr. President, I hope that soon we lowing spring. Rather than organize this ef- variety of different forms of tech- will be moving to financial regulatory fort from the top down, they believed that nology to promote energy efficiency reform. It is a Washington term known Earth Day would work better as a grassroots and to promote the kind of clean en- as Wall Street reform, or basically try- movement. They raised funds to set up an of- ergy approach that we should have as ing to clean up the mess that was cre- fice staffed by college students, with a law part of our future. Third, of course, is ated by this last recession. This is a student, Denis Hayes, serving as the national coordinate. They identified the week of April that we want to do something about bill that is controversial. It has been 19 to 25 as the ideal time for college sched- pollution—carbon emissions, the im- worked on by many committees in the ules and the possibility of good spring weath- pact they have on our lungs and on our Senate. Senator BLANCHE LINCOLN in er. Calculating that more students were on atmosphere. the Agricultural Committee took on a

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So we opened up opportunities practices that are taking place today, Chicago Board of Trade, and it deals in for home ownership, reaching down to and that are legal today. We got into futures—derivatives, if you will—that levels that had not been tried before, this thinking—and I was part of it; are based on agricultural commodities and, unfortunately, that went too far. most of us were—that if we had an ex- and currency and interest rates and a The private sector was to blame. panding financial sector in the United certain index. That operation in Chi- When we look at so many people who States, it would expand jobs and oppor- cago is governed and regulated by the were lured into mortgages and bor- tunities and business growth and glob- Commodity Futures Trading Commis- rowing far beyond their means, we see al competition. sion. The jurisdiction of that, as it there was also a lot of deception going Unfortunately, it went overboard. started with agricultural products, has on. People were told they could get a Many financial institutions, which are been relegated to the Agriculture Com- mortgage and make an easy monthly now being called on the carpet, took mittee. payment and weren’t told their mort- the authority given them by the Fed- Senator LINCOLN met this week and gage would explode right in front of eral Government to an extreme. That did an outstanding job of reporting a them, as the subprime mortgage, in a is what we are trying to change. We bill on that section of the bill related matter of months or years, would have want to make sure there is some ac- to derivatives and futures regulated by a monthly payment far beyond their countability on Wall Street and with the Commodity Futures Trading Com- means. They weren’t told there was a the big banks, so that we understand mission. She was successful in report- provision in that mortgage which had a what they are doing and that their in- ing the bill from her committee, with prepayment penalty that stopped them vestments don’t end up being a gamble the support of Senator GRASSLEY of from refinancing, and that they were where people can lose their life savings Iowa making it a bipartisan effort. An- stuck with high interest rates from or investments. other Republican Senator expressed an which they couldn’t escape. They We want to make sure as well that interest in helping as well. So I give weren’t told that just making an oral we empower consumers in the United her high praise in this charged political representation about their income was States. This bill that is going to come atmosphere in which we work in this not nearly enough; that they needed to before us has the strongest consumer body. It says a lot for her that she can produce documentation about their financial protection ever enacted into put together this type of bipartisan co- real net worth. law in the United States. We are going alition. These so-called no-doc closings, to create an agency which is going to At the same time, Senator DODD, in which became rampant in some areas, protect and empower consumers—pro- the Banking Committee, has been led to terrible decisions, encouraged by tect them from the tricks and traps working on a bill as well, trying to greedy speculators in the financial in- and shadowy agreements and fine print bring the two together on the Senate dustries. So the net result was that the stuck in mortgages and credit card floor and have a joint effort to deal bottom fell out of the real estate mar- statements, in student loans, in retire- with this issue. ket and $17 trillion in value was lost in ment plans, and all of the things that Now, why are we doing this? Well, we the American economy. Most of us felt people engage in daily in their lives are doing this for very obvious reasons. it in our 401(k)s, in our savings ac- where one sentence stuck in a legal We know that leading into this reces- counts, and in our retirement plans. document can end up being someone’s sion, Wall Street and the big banks in We saw it with businesses that lost downfall. America got away with murder. At the their leases and lost their businesses We want to protect consumers from end of the day, the taxpayers of this and had to lay off their employees. that and empower consumers to make country were called on to rescue these The President was faced with 800,000 the right decisions, so that there will financial institutions from their own unemployed Americans in his first be clarity in these legal documents perfidy. month in office. That is an enormous that can bring a person’s financial em- When we look at the things they did number of people. The total today is pire to ruin. That kind of clarity and in the name of profit, it turned out to about 8 million actively unemployed, plain English is going to be guaranteed be senseless greed. At the end of the with 6 million long-term unemployed. by a Federal group that is going to day, many people suffered. As a result It is huge, and it affects every single keep an eye on the financial industries. of this recession, $17 trillion was ex- State. In my State, there is over 11 per- Some of these large banks are fight- tracted from the American economy— cent unemployment. In Rockford, IL, it ing us. They don’t want to see this hap- $17 trillion in losses. Mr. President, $17 is close to 20, and Danville about the pen. They do not believe there should trillion is more than the annual gross same. I have visited those commu- be this kind of consumer financial pro- national product of the United States. nities, and I can see the pain and the tection. But we are going to fight to So if we took the sum total value of all sacrifices that are being made by peo- make that happen so consumers across the goods and services produced in our ple who have lost their jobs. America have a fighting chance when country in 1 year, we lost that much So the President came in and asked they enter into agreements, so that value in this recession. It was the hard- us to pass a stimulus bill, which we they will have a legal document they est hit the American economy has did. It was some $787 billion that was can understand and one that they can taken since the Great Depression in injected into the economy in an effort work with, and then they will have an 1929. to get it moving again, providing tax agency to back them up. Of course, a lot of it had to do with breaks for 95 percent of working fami- Currently, we have only had one Re- bad decisions. Some individual families lies and middle-income families across publican Senator vote for this kind of and businesses made bad decisions. America. It was a safety net for those reform—Senator GRASSLEY of Iowa They borrowed money when they who had lost their jobs, not only in un- voted for it in the Agriculture Com- shouldn’t have. They got in too deeply, employment benefits but also COBRA mittee version that came out of Sen- bought homes that were too expensive. or health insurance benefits, and fi- ator LINCOLN’s committee. But on the They might have been lured into it, but nally an investment in projects such as Banking Committee, not a single Re- they made bad decisions. The govern- highway construction, which would publican would vote for it. I hope they ment made some bad decisions. We create good-paying American jobs right will have a change of heart. thought, as a general principle, encour- now and produce something that would I understand there are negotiations aging home ownership was great for have value for our economic growth in underway, but I hope the negotiations our country; that the more people who the years to come. don’t water down the basic agreement own a home, the more likely they will At the same time, though, as we go in this bill. We need a strong bill. We make that home a good investment for through this painful process of coming need a bill that meets the test of what

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2559 we have been through as a nation. it is truly trying in bad times, as we Pocasset River in Johnston and Cran- After all of the suffering that has have seen in Rhode Island. ston—they all were above flood stage. taken place—the businesses lost, the I wish to commend FEMA and all the The Pawtuxet River, in my hometown savings lost, the jobs lost—for good- professionals in emergency manage- of Cranston, on March 15, crested at a ness’ sake, let’s not come up with some ment who have come to Rhode Island record high of 15 feet. Remarkable. halfhearted effort. Let’s stand up to for their help in the recovery. They are Neighborhoods along the banks flooded the Wall Street lobbyists who are going doing a marvelous job. The speed of the as homes and businesses were evacu- to try to water down this bill and tell response, including from Secretary ated. I toured those neighborhoods them no. We are going to call for a vote Napolitano, has been tremendous. She later in the week and saw the damage. on a bill that has some teeth in it, was up there on Good Friday looking Again, along with Senator something worth voting for, something at the flood damage. The FEMA teams WHITEHOUSE, I worked to support a that will guarantee that we will never were on the ground. Deputy FEMA Ad- major disaster declaration which was go through this kind of recession ever ministrator Rich Serino was there. He promptly granted. The people of Rhode again in our economy. visited the damage with me. This is Island appreciate President Obama I think we owe that to the American emblematic of the commitment of the very quickly supporting a major dis- people, and I hope that next week, FEMA task force. It is not only FEMA. aster declaration, not only for individ- come Monday afternoon at 5 o’clock, It is also the Small Business Adminis- uals but also for public entities, the when this Senate convenes for a vote, I tration. The regional EPA director was cities and towns. This is something he hope we have a strong bipartisan vote there, the regional small business ad- did with great speed and great effi- to move forward on this whole idea of ministrator was there. We had rep- ciency. I thank him personally. Actually, the initial flooding was Wall Street reform. I believe that is in resentatives from the Army Corps of around March 12 or 13. Then we got the the best interests of our country. I Engineers and the district engineer. second deluge. It was a two-stage commend Senator DODD and Senator The most emblematic story was told event. As the rains were falling, one LINCOLN. I urge them to come together, to me in Washington by a Rhode Is- lander who was visiting. She was a vis- woman profiled on local television bring their two bills together, and to looked in exhaustion at the new fur- iting nurse. She said her sister was at come up with an agreement that can nace she just installed. In anticipation home on Easter. She had some flood lead us into this kind of happy day of the second flood, there was an at- damage. The doorbell rang, and it was where we have this kind of legislation. tempt to move vehicles, furnaces, et FEMA. They said: We work 7 days a Mr. President, I thank you for allow- cetera around, to shore up or raise ing me to speak in morning business, week. Here is the estimate of the dam- equipment on factory floors. But the and if there is no one seeking recogni- ages, and we will be able to help you in rapidity and extent of the rain was tion, I suggest the absence of a this way. such that the flood was there before Even with this dramatic and effective quorum. many people could react. The PRESIDING OFFICER. The response, the damage was widespread. Let me try and give a sense of the clerk will call the roll. It covered every corner of the State. damage. This horizontal axis runs The assistant legislative clerk pro- This was the first time we have seen, in south-north under the overpass. This is ceeded to call the roll. my lifetime and going back a long Route 95, the principal interstate run- Mr. REED. Mr. President, I ask unan- time, not only surface water coming ning along the east coast. It was shut imous consent that the order for the over the banks of rivers—there are down for two days because of flooding. quorum call be rescinded. some areas that perennially flood, The road was completely inundated The PRESIDING OFFICER. Without similar to anywhere in the country— with water, completely covered. Then, objection, it is so ordered. this was groundwater. We had been so in the next picture, this is the city of RHODE ISLAND FLOODING saturated with rain for weeks and Warwick’s wastewater plant, totally Mr. REED. Mr. President, last weeks. When the final deluge came, engulfed in water. In addition to that, month, my State was hit by the worst there was no place to hold the water. It the city of Warwick is also home to our nonhurricane floods in the history of came up through cellars, through sump airport. So for 2 days, when you got off the State, at least in the last 200 years. pumps, through everything. There were a plane, you saw a sign that asked you Our Governor has preliminarily as- very few parts of the State, very few to respectfully use restrooms some- sessed the damage in the hundreds of homes unaffected by at least minor place else or the Porta-John because millions of dollars, which is a signifi- basement flooding; in some cases, very the airport could not use their toilets. cant figure for the smallest State in major water damage. The whole city asked their citizens to the Union. This disaster came at the The story of the Pawtuxet River is an suspend flushing for 2 days. So this im- worst moment for my state. Rhode Is- example of what transpired. Let me pact is something we have never wit- land is struggling with an economic also say that in my course of traveling nessed before. The next photograph is collapse that has left it with a 12.7-per- around, I was reeducated in the devel- the Warwick Mall, one of the major cent unemployment rate and deci- opment of northern industrial commu- shopping centers in the State of Rhode mated State and local financial re- nities. I am looking at the Senator Island. It is totally engulfed in water sources. from New Hampshire. The development and the inside is flooded. These are Indeed, many of the homeowners and started with a mill on a stream for stores and retail establishments. They businesses who were hit hardest by the water power. Then they built mill cot- are still trying to reopen it. This facil- floods were among those already strug- tages around that. Those mills are still ity employs about 1,000 people. They gling to make ends meet. I toured the there. Those cottages are generally oc- are still out of work. When you a have State, along with my colleague, Shel- cupied today by relatively low- or mod- 12.7-unemployment rate and 1,000 peo- don Whitehouse, and met with con- erate-income people. The mill owner, I ple can’t work because they have been stituents from Cumberland to West- recall now, put his house on the top of flooded, that is adding excruciating erly, from the north to the south, as the hill, not around the mill. So that is pain to something that is already dif- they worked to clean their homes and Rhode Island. That is Massachusetts. ficult. I must commend the owner of businesses. We could see the turmoil, That is Connecticut. That is New the mall, Aram Garabedian. Aram is as well as their physical and emotional Hampshire. When these waters flood, indefatigable. Nothing is going to de- strain and stress. They are tired. They you perennially get some communities feat him. Immediately, he was in here are frustrated, and they are asking for that see damage from surface water. cleaning up. It is on the road to recov- our help. I admire the spirit of people This is the first time we saw this in- ery and return, but this has been a who are willing to pitch in and help credible groundwater as well. blow economically to the State. As I their neighbors, and that was evident We are a community of rivers and said, in Rhode Island, because of our throughout the crisis. This significant mill villages. The Blackstone River is small size and community, there are blow came on top of the economic where the American Industrial Revolu- five or six principal malls. Essentially, blows we have already suffered. A flood tion began, the Pawtuxet River in 20 percent of our mall sector is out of like this is difficult in good times and Cranston, the Pawcatuck River, the business.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2560 CONGRESSIONAL RECORD — SENATE April 22, 2010 The next photograph is typical of the Within the context of jobs, too, sev- So, Madam President, I again thank property damage. This is in my home- eral of our facilities and factories were you for the opportunity to talk about town of Cranston. Notice the sign: knocked out. Bradford Printing and what happened, and I will be back ‘‘Give this land back to the river.’’ Finishing has already let go of its em- again because, as we have responded to The river decided for a moment to re- ployees. They were underwater. They the needs of other parts of the country, claim it. This is the result of the sur- are still trying to literally get back to we ask that we be given the same face flooding and the subsurface water work. It has been closed for cleanup. treatment. coming up. This looks like the entire Again, workers are on the street, not I yield the floor. inside of the home has been destroyed because they don’t have demand for I suggest the absence of a quorum. and removed. Here is a hot water heat- their product. It is because they can’t The PRESIDING OFFICER. The er, a toilet. Although the house is get to the machines where they are clerk will call the roll. standing, what is inside is basically a flooded. Another company in northern The assistant bill clerk proceeded to shell. This is a homeowner who now Rhode Island, along the Blackstone call the roll. has to rebuild their house, essentially, River, Hope Global, an extraordinary Mrs. FEINSTEIN. Madam President, and replace water heaters, toilets. One CEO Cheryl Merchant, they were flood- I ask unanimous consent that the order of the issues we have is that in some of ed in 20005. I was there. I had to take a for the quorum call be rescinded. The PRESIDING OFFICER (Mrs. these areas, because of the subsurface boat into their factory. This time, in SHAHEEN). Without objection, it is so flooding, they are not a flood zone. Un- anticipation, they literally lifted the equipment. This is a major producer of ordered. less they have recently borrowed Mrs. FEINSTEIN. Madam President, OEM for the auto industry, webbing money on a mortgage, there is prob- I ask unanimous consent that I be per- and belts, seatbelts, et cetera. They ably little requirement for them to mitted to speak as in morning busi- pushed up all that heavy equipment. have flood insurance. Typically, in ness. these communities, the houses have The water came in, but it didn’t reach The PRESIDING OFFICER. Without been occupied for 20, 30, 40 years by one the equipment. They are back in pro- objection, it is so ordered. duction, but the preparations and the family. They have either paid off the REUTERS INVESTIGATION OF WELLPOINT cleanup are about $1 million. It is hard mortgage or they don’t require flood Mrs. FEINSTEIN. Madam President, for the manager of the plant to explain insurance. So many people, frankly, earlier today my staff brought to my to the board of directors why they are don’t have flood insurance. Then, of attention an article that had just come going to spend $1 million every 5 years course, there is going to be wrangling out on Reuters. I read it and felt an with the insurance companies because, just to keep the equipment dry. We have to do something in terms of outrage and dismay and decided I was in some cases, where it was just sub- mitigation. Even in the best times, going to come to the floor and speak surface water, that does not fit their FEMA would have been necessary. But about it. definition of a flood. So depending on Today, an investigative story pub- we are in a very difficult situation. The your policy, or if you have coverage, lished by Reuters details how State is, as we speak, trying to fill a there are thousands of homes in Rhode WellPoint, a medical insurance com- $220 million shortfall in this year’s Island that are significantly damaged. pany—as a matter of fact, the Nation’s budget. Again, this is a State where largest health insurance company, The owner has no resources to rebuild $220 million is a significant part of the with 33.7 million policyholders—used a unless he gets some assistance. Again, budget. It is not a rounding error. They special computer program to system- FEMA has been very good for tem- are already anticipating a $400 million porary assistance, but we have to look atically identify women with breast shortfall next year in the 2011 budget. cancer and target their health policies more long term. The bond rating has been lowered once Finally, this is Hopkinton, RI, which for termination—in other words, an ef- in the last several weeks. It may be is part of our rural area in the west. fort to specifically target women with lowered again, if this economic distress This photo shows the scope of the breast cancer and then drop their and this flood damage can’t be, in some health insurance. I would like to ask flooding there. This structure is totally way, mitigated and supported in terms surrounded by water. I was in other every American to read this jaw-drop- of cleanup or reconstruction. ping story. Instead of providing the parts of this area, in another commu- Frankly, my constituents know—and nity, Charlestown. There was a bridge health care for which these seriously we all have seen similar scenes of ill women have paid, WellPoint sub- that was closed. As you walked across flooding from the Midwest, from the the bridge on the other side, because of jected these paying customers to inves- Southwest, from the Central part of tigations that ended with WellPoint’s the water moving under the ground, it America—every time, at least in my looked as if someone had dropped a 500- administrative bureaucrats canceling recollection, this Senate has stood and their insurance policies at their time pound bomb. It was a huge crater. Now provided support for those commu- the town has to rebuild the bridge. Of of greatest need. nities. Under attack by both cancer and course, they don’t have the money to I have supported emergency expendi- WellPoint, these women were left ail- do so. tures for flooding in communities else- ing, disabled, and broke. Let me give All this is indicative of the situation where in the country, except really up in Rhode Island. A further point. This you a few examples. in Rhode Island because we have never Yenny Hsu, a woman from Los Ange- photograph was taken a week after the had an experience before of this nature, les, was kicked off of her insurance pol- flooding. Notice it is sunny. This is a of this size, of this scope. They, frank- icy after a breast cancer diagnosis be- week after the flooding. These owners ly, do not begrudge the aid because, as cause WellPoint said she failed to dis- couldn’t even get to their building I sense and as my colleagues and con- close that she had been exposed to hep- after a week. This could have been stituents sense, someday we might be atitis B as a child. Now, that has noth- worse in this particular locale because in that position where we are going to ing to do with breast cancer, but it did farther upstream there is a dam, the have to ask for it. Well, we are in that not stop WellPoint from terminating Alton dam. It was overtopped and the position right now. So for everyone her coverage. waters were going over it. There was so who has been here—and it is a signifi- In Texas, a woman named Robin much concern that it was in danger of cant number—and asked on behalf of Beaton was forced to delay lifesaving collapsing that there was an emer- their constituents for help because of a surgery because WellPoint decided to gency evacuation order for the town of devastating flood, I am joining those investigate whether she had failed to Westerly, which is a sizable community ranks. We will have an opportunity, I disclose a serious illness. The serious to the south on the coast. They were hope, in the appropriations process illness in question was a case of acne. afraid the dam would give and a major through the supplementals to provide WellPoint delayed her surgery for 5 metropolitan area, in Rhode Island additional assistance to the State of months, causing the size of the can- terms, would be engulfed with water. Rhode Island, for my constituents to cerous mass in her breast to triple. By Luckily the dam held, and the damage deal with this situation, both the eco- the time they finally dropped their in- was significant but restricted to flood- nomic distress and the physical dam- vestigation, she needed a radical dou- ing along the Pawcatuck. age from this flooding. ble mastectomy.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2561 Another loyal, paying WellPoint cus- May 1—that is 9 days from now; it is 1 sioners, as the Presiding Officer knows, tomer who faced this situation was Pa- week from Saturday—more than 800,000 already have this authority. They tricia Relling of Louisville, KY. Ms. Californians who hold insurance poli- would not be affected. Commissioners Relling was an interior designer and cies issued by WellPoint’s Anthem Blue have the authority in some States—in art gallery owner who never missed a Cross subsidiary will face rate hikes of some insurance markets they have it— payment. But that did not stop up to 39 percent. and in others they do not. In about 20 WellPoint from canceling her insur- I have received deeply personal let- States, including my own, California, ance in the middle of her fight with ters from literally hundreds, if not companies are not required to receive breast cancer. WellPoint abandoned thousands, of Californians whose lives approval for rate increases before they her at her weakest moment, forcing are going to be devastated by these take effect. So my legislation would her to pay enormous medical bills on rate increases. We have 12.7 percent un- create a Federal fallback, a fail-safe, her own. This woman, who was once a employment. We have over 2.3 million allowing the Secretary to conduct re- highly successful business owner, is people unemployed. We are very high views of potentially unreasonable rates now subsisting on Social Security and in house foreclosures, people can’t find in States where the insurance commis- food stamps. jobs, and at the same time the insur- sioner does not already have the au- Meanwhile, WellPoint made a profit ance premiums are being jacked up. thority or the capability to do so. The of $128 million by stripping seriously ill This is terrible because many of these Secretary would review potentially un- Americans of their insurance coverage people had a premium increase almost reasonable premium increases and take in this manner, according to the House as large as the 39 percent that is going corrective action. This could include Energy and Commerce Committee. to happen on May 1, last year, and then blocking an increase or providing re- This is likely a low estimate because they know they face it again the next bates to consumers. WellPoint refuses to provide a total year. Under this proposal, the Secretary number for rescissions across the com- I cannot say that all of this is respon- would work with the National Associa- pany’s subsidiaries. WellPoint earned a sible for these premium increases, but tion of Insurance Commissioners to im- $4.7 billion profit in 2009—a $4.7 billion in my State alone, 2 million people in plement this rate review process and profit in 1 year. Angela Braly, the CEO the last 2 years have gone off of health identify States that have the authority and capability to review rates now. of WellPoint, received $13.1 million in insurance. That is 1 million people a States doing this work obviously total compensation in 2009. This was a year who find they can’t afford health should continue. This legislation would 51-percent increase in her salary over insurance. So they have gone off of it, not interrupt or effect them. However, the prior year. more on Medicaid, and many have no consumers in States such as California WellPoint is not alone in doing this coverage whatsoever. This is at a time and Illinois and others—about 20 some- to people, but they are an egregious of- when this same company is reaping bil- odd States—would get protection from fender. According to the House Energy lions of dollars of profit. So what do I conclude? There is no moral compass. unfair rate hikes. and Commerce Committee: The proposal would create a rate au- There is no ethical conduct. WellPoint and two of the nation’s other thority, a seven-member advisory These are families with children. largest insurance companies—UnitedHealth board to assist the Secretary. A wide Group Inc and Assurant Health, part of They are students or the elderly. One range of interests would be rep- Assurant Inc—made at least $300 million by woman had been a client of Anthem for resented: consumers, the insurance in- improperly rescinding more than 19,000 pol- 30 years. She had never been sick, and dustry, medical practitioners, and icyholders over one five-year period. she got sick. Cancer survivors, small According to Health Care for Amer- other experts. business owners, they are about to be I think the proposal strikes the right ica Now, these large companies—the crushed. balance. As the Presiding Officer big, for-profit American medical insur- WellPoint will tell us that these pre- knows, we have worked with the ad- ance companies—have seen their prof- mium rate hikes cannot be avoided. ministration in drafting it. We worked its jump 428 percent from 2000 to 2007. They will tell us that others are to with the Finance Committee. We All during this period, they have dou- blame: hospital charges, prescription worked with the Secretary of Health. bled premium costs. So they have made drug prices, the rising cost of medical We tried to get it into the Finance huge profits in 7 years, and they dou- care. They blame the government. Committee’s health reform bill. We bled premium costs. They blame the economy. But the fact were not able to do so. The President Time and time again, our for-profit is, they are making money, and bil- took this bill and put it in the rec- insurance corporations have dem- lions of dollars of money. onciliation bill. Unfortunately, the onstrated that their hunger for profit If there was any doubt about whether Parliamentarian found that its policy trumps any moral obligation to their corporate greed has anything to do implications overcame its budgetary customers. This latest story is just the with WellPoint’s plan to jack up rates savings, and therefore a point of order latest example of the kind of out- on customers, I think today’s story by would rest against it. So it was dropped rageous behavior we have come to ex- Reuters answers the question defini- at that time. So we are trying again. It pect from certain medical health insur- tively. is necessary. ance companies. In order to prevent these kinds of un- Nine days from now, 800,000 Califor- The health insurance reform law fair premium rate hikes on Americans, nians will get up to a 39-percent in- passed by Congress and signed by I have introduced a bill that would es- crease in their premium rate. It is President Obama will end the practice tablish a health insurance rate author- greed, pure and simple. of unfair rescission and discrimination ity. It would give the Secretary of So the legislation I have introduced because of preexisting conditions. But Health the mandate to see that rates provides Federal protection for con- we must clearly be vigilant in order to are reasonable. Two days ago, the sumers who are currently at the mercy ensure that the law has teeth and is HELP Committee held a hearing on of these large, for-profit medical insur- heavily enforced. We cannot turn our this bill. The chairman of the com- ance companies whose top priority is backs for 1 minute because left to their mittee, Senator HARKIN, made some their bottom line. The bottom line for own devices, I truly believe these com- very strong statements in favor of it, us is we have a duty to protect the panies will look for ways to throw pay- as did other Democrats. The Repub- American people from this kind of ing customers to the sharks for the licans who spoke, of course, opposed it greed and this kind of lack of any sake of profit. These are strong words, because they are in a mode where they moral compass. and I am not known for these strong oppose virtually everything right now, If these companies were having a words. But the more I look into the but they opposed it. hard time, I would say: Look, it can’t large, for-profit medical insurance in- So here is what my bill would do. It be helped. But they are not. They have dustry of the United States, the more I would give the Secretary of Health the enjoyed something no other American am embarrassed by it. authority to block premiums or other business has, and that is an antitrust A situation unfolding in my own rate increases that are unreasonable. exemption. Only Major League Base- State now is further proof of this. On In many States, insurance commis- ball has an antitrust exemption. So

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2562 CONGRESSIONAL RECORD — SENATE April 22, 2010 they are able to go all over the country it right has been discussed as taking a him for that. I thank Senator WARNER and merge and acquire insurance com- long time. I don’t consider that a long for the work we have been able to do panies in order to control market time at all. together, and Senator REED and Sen- share. Once they control market share, As a matter of fact, I think it is re- ator GREGG and others. But the fact is, they then begin to boost rates. There- markable the kind of progress we have we haven’t reached a bipartisan agree- fore, over the past 7 years of doing this, made when we actually sat down as ment. So I hope some of the statements they have developed a 428-percent in- two parties trying to reach a com- that are being made about where we crease in their bottom line, which is promise on something that is as impor- are and how we got here and the revi- their profits. tant to the American people. So I wish sionist history that is being created to If a CEO thinks it is OK to deprive to say that a lot of us on this side of sort of make one side of the aisle look women of their health coverage when the aisle have dealt in good faith, have worse than the other side of the aisle they become seriously ill with breast actually gone out on a limb to deal in will cease. It doesn’t do any good. cancer, we can’t trust them to do the good faith—as a matter of fact, have The fact is, there are people on both right thing, period. This ought to be broken protocol, in some cases, to try sides of the aisle who want to see fi- convincing to every Member of this to deal in good faith. nancial regulation take place. This body, whether it is this side of the aisle When statements are made that if whole notion that if you are against or the other side of the aisle, that we you try to negotiate and you get to the this bill as written, you are for Wall need to move to see that there is a rea- 5-yard line but for some reason the Street, and if you are for this bill as sonable, prudent system where people White House and people on the other written, you are against Wall Street, is don’t have to endure when they have side of the aisle decide to go on because an unbelievably silly argument. The breast cancer and they go in, that they they are losing some Democrats— fact is, I think everybody in this coun- are going to lose their medical insur- which, by the way, I would assume in a try knows when major regulation takes ance. This Reuters story points it out bipartisan negotiation you lose some place, the big guys always do best. chapter and verse today, and I have in- Republicans, you lose some Democrats, They have the resources to deal with dicated several stories. because you have reached a middle-of- compliance and all of those kinds of So, in my view, it is time for Con- the-road piece of legislation. So to cat- things. As a matter of fact, I doubt gress to step in and fix this rate hike egorize that as making that much there are many people on either side of loophole in the health insurance re- progress and then: Well, we are losing a the aisle who are hearing much from form law. We have to put patients be- few Democrats so we have to stop and Wall Street right now. Who they are fore profits. We have to protect the go our own way—which has been pub- hearing from is their community bank- American people from this kind of a licly stated by my friends on the other ers who are concerned about a con- lack of moral compass and candidly un- side of the aisle as to what happened— sumer protection agency that has no checked greed. I hate to say that, but to talk about that as if that is a prob- bounds and has no veto. that is the way I see it. lem on our side of the aisle creates a All of a sudden, it is used potentially I will likely attempt to put this as an little bad faith, just to be candid. I as a social justice mechanism in this amendment to the regulatory reform mean, for the next person who comes country. They are concerned about bill. As I say, the matter has had a along and tries to work something out that. They are probably hearing from committee hearing, and in view of the with my friends on the other side of manufacturers who actually make fact that 800,000 people face these rate the aisle and this happens, I think it is things and buy hedges or derivatives to increases a week from Saturday, I going to discourage that from hap- make sure their material prices can be think we need to take some action. pening in the future. So I hope we will hedged again down the road so they I would implore Anthem to under- tone down those kinds of things. don’t lose money fulfilling a contract. stand and to not raise these rates. Then they talked about the fact that When we talk about that either you They have postponed this rate increase we went through the committee with are for this bill and against Wall Street once before; they certainly can do it this bill. At the time it was only a or vice versa, that is just a low-level again. 1,336-page bill. It has expanded since argument. It has nothing to do with I thank the Chair. I yield the floor. that time. But we voted this bill out of the facts. The fact, from where I sit, is The PRESIDING OFFICER. The Sen- committee in 21 minutes with no we have a lot of people in this body ator from Tennessee. amendments. This was not a real vote. who want a good bill. It seems to me Mr. CORKER. Madam President, I The understanding we all had was that the best way to get to a good bill is to rise today to address the financial reg- the makeup of the Banking Committee at least get the template of the bill ulation proposal that is before us right was such that it would be difficult to agreed to in advance, to get the bill now. I wish to talk about some of the get to a bipartisan agreement there agreed to as it relates to orderly liq- conversations that are taking place and that we might harden ourselves uidation. about our status. No. 1, I think every- against each other by offering amend- I think we all want to make sure that body in this body knows that people on ments. I filed 60 amendments myself, if a large organization or any organiza- both sides of the aisle would like for us none of which were messaging amend- tion fails, it fails, but certainly with to come to an agreement that makes ments. They were all technical amend- these highly complex bank holding our country’s financial system strong- ments, and others, to try to fix this companies, we want to see that happen. er, protects consumers, and tries to in- bill. But for some reason, the rules Make sure we deal with revenues in sure us against the kinds of things we changed and we weren’t going to be such a way that most of the trades go have all witnessed over the last couple able to do that in committee, and we through a clearinghouse, so at the end of years. I think on both sides of the didn’t want to harden ourselves against of the day, people who are making aisle there is tremendous desire to see each other, and we were going to fix it money bad, make money good so we that happen. before it came to the Senate floor. don’t have an AIG-type situation There has also been some discussions, Now we file a motion to proceed to again. Yet we have an appropriate end- though, about the process leading up to the bill without it being fixed before it user exclusion for people using these this. I know the Senator from Nevada comes to the floor. It just seems as derivatives to actually make their has talked a little bit about the fact, though there is this little shell game businesses safer. We want to make sure for instance, that they negotiated with where we keep moving the goalpost to we have appropriate consumer protec- Senator CORKER for 30 days. This bill is such a point where, again, we are going tion. We want to make sure that is 1,400 pages long, and I think by all ac- to end up with a situation where a bill done in balance; that a consumer pro- counts most people felt as though we comes to the floor, but there has been tection agency doesn’t undermine the were almost completed—the analogy no bipartisan consensus. safety and soundness piece; that those that is being used is, we were on the 5- Now, I will say this: I do think Chair- people are making sure that our banks yard line and the lights went out. man DODD has tried to do some bipar- and financial institutions are sound; Somehow or another, taking 30 days to tisan things, and I know I personally that people who do business with them try to discuss a 1,400-page bill and get have had an effect on this bill. I thank know they are going to be sound; and

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2563 that we don’t have a consumer protec- A week ago, I and other colleagues planted where a missile that carried a tion agency undermining that by try- were in Russia at a site near Moscow nuclear warhead once existed. ing to, again, use financial mechanisms looking at a facility that we in the This is unbelievable success, in my as a way of creating social justice in United States are funding to try to judgment, and something we ought to this country. make this a safer world, to safeguard celebrate. With the help of the Nunn- Those are three big titles. It seems to nuclear materials and nuclear war- Lugar program Ukraine, Kazakhstan, me, if we can get agreement there, be- heads in the Soviet Union. I wish to and Belarus are now nuclear weapons- fore the bill comes to the floor, then we talk a bit about this program as it re- free. Albania is chemical weapons-free; can then do all kinds of amendments lates to this new START Treaty. 7,500 deactivated nuclear warheads; 32 on the floor. I think there are a lot of Some of my colleagues have ex- ballistic missile submarines gone; 1,419 good ideas that my friends on the other pressed concern and are determined long-range nuclear missiles gone; 906 side have. I think there are a lot of that they are not necessarily sup- nuclear air-to-service missiles gone; 155 good ideas that would come from this portive of the START arms reduction nuclear bombers gone. We didn’t shoot side of the aisle. It seems to me that treaty unless other things are done. I them down. We didn’t destroy them in the best way to have a great debate is wish to talk about that just a bit. air-to-air combat or undersea warfare. to start with a template that is bipar- First, I will describe the unbelievable We paid some money in a program tisan and then let people change it in succession of something we have been called Nunn-Lugar with the Soviets ways they see fit. We can vote on doing called the Nunn-Lugar program, and Russians to saw the wings off those. To me, that is the best way to the Nunn-Lugar Cooperative Threat bombers and grind up the metal in sub- go. Reduction Program. We talk about marines and take out missile silos in I hope that instead of the tremendous what doesn’t work and what fails, but the Ukraine with missiles aimed at our interference that is taking place at the we don’t talk so much about what does country. Therefore, it is a safer world. White House—I have never seen such work. I will do that for a moment. The question is, How much safer and involvement in what appears to be the I ask unanimous consent to show what more do we need to do? actual drafting of legislation, sending three things I have had in my desk I have previously read a portion of it straight to a committee, and it being drawer. something into the CONGRESSIONAL voted out. I have never seen such in- The PRESIDING OFFICER. Without RECORD. I will do it again ever so brief- volvement. I hope we can tone that objection, it is so ordered. ly. down, that we can tone our rhetoric Mr. DORGAN. This is a wing strut On October 11, 2001—not many Ameri- down as far as trying to blame the from a backfire bomber, a Soviet back- cans know this—1 month after the 9/11 other side for how we ended up in this fire bomber. This is a bomber that attack, George Tenet, Director of the position, when there are a lot of people would have carried nuclear weapons CIA, informed the President that a CIA on both sides who have exercised good that would threaten this country as a agent, code-named ‘‘Dragonfire,’’ had faith in trying to get here. It just potential adversary. This is from this reported that al-Qaida terrorists pos- pushes people apart when these re- airplane. As you can see, this airplane, sessed a 10-kiloton nuclear bomb, evi- alignment of history discussions take this backfire bomber, doesn’t exist dently stolen from the Russian arsenal. place, when that is not what has hap- anymore. We didn’t shoot it down. I According to Dragonfire, the CIA pened. have the wing strut because we sawed agent, this nuclear weapon was now on Let’s give Chairman DODD and Rank- it up as part of an arms control and re- American soil in New York City. That ing Member SHELBY some time to work duction treaty reducing delivery vehi- was 1 month after 9/11. The CIA had no through these issues. That is what cles. This bomber don’t exist and carry independent confirmation of this re- needs to happen. They and their staffs nuclear weapons because the Nunn- port, but neither did it have any basis need to finish working through these Lugar program helped dismantle that on which to dismiss it. Did Russia’s ar- issues, with input from other Members, bomber under agreements we have had senal include a large number of 10-kil- and then let’s have a great debate. I with the Soviet Union and now with oton weapons? Yes. Could the Russian know we have a weekend coming up Russia. Government account for all the nuclear and the floor will shut down in the This photo is of a typhoon-class bal- weapons the Soviets built during the next 24 hours or so. I hope the staffs listic missile submarine the Soviets Cold War? No. Could al-Qaida have ac- and these two Members will continue had. It carried missile launch tubes. quired one of those weapons? It could to work through the weekend and try This is a missile tube from that sub- have. If a terrorist had acquired it, to get this bill right. I hope we will marine. You will see that these tubes could they have detonated it? Perhaps. quit throwing accusations back and don’t exist in the submarine anymore. Smuggled it into an American city? forth and that we will cool down the They are now scrap metal. This is cop- Likely. rhetoric, and I hope we have an oppor- per wire that comes from that Soviet So in the hours that followed this re- tunity to begin again with a bipartisan submarine that used to prowl the seas port on October 11, 2001, 1 month after template that we can amend and then with nuclear weapons threatening our 9/11, Secretary of State Condoleezza create some great legislation for this country. This ground-up copper wire Rice analyzed what strategists then country. from that submarine was not because called the ‘‘problem from hell.’’ Unlike I yield the floor. we sank the submarine but because we the Cold War, when the United States The PRESIDING OFFICER. The Sen- have a program by which we reduced and the Soviet Union knew that an at- ator from North Dakota is recognized. the delivery vehicles for nuclear weap- tack against the other would elicit a Mr. DORGAN. Madam President, are ons. We and the Soviets—now the Rus- retaliatory strike in greater measure we in morning business? sians—have agreed to a systematic re- and therefore perhaps destroy both The PRESIDING OFFICER. We are duction of weapons and delivery vehi- countries, the al-Qaida terrorist orga- not. We are on the motion to proceed cles. nization had no return address and had to S. 3217. This photo is of a missile silo in the no such fear of reprisal. Even if the Mr. DORGAN. Madam President, I Ukraine. This is an SS–18 missile silo. President were prepared to negotiate, ask unanimous consent to speak as in It was blown up as part of the Nunn- al-Qaida had no phone number to call. morning business for as much time as I Lugar Cooperative Threat Reduction This comes from a book that was may need. Program. This is what is left of the published by Graham Allison, a former The PRESIDING OFFICER. Without scrap metal. Clinton administration official. I first objection, it is so ordered. I have a hinge here from this par- learned about the incident from a piece THE START TREATY ticular site in the Ukraine that housed in Time magazine, on March 11, 2002. Mr. DORGAN. Madam President, I a missile that had a nuclear warhead The book that describes the detail of it have come to speak about the New aimed at our country. Instead of a mis- is pretty harrowing. It is a pretty START Treaty—Strategic Arms Re- sile being on the ground in the frightening prospect. I will not read duction Treaty—with the Russians. I Ukraine, there is now a field of sun- more of it. I have read a fair amount of wish to talk about that in some detail. flowers. A field of sunflowers is now it.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2564 CONGRESSIONAL RECORD — SENATE April 22, 2010 After some while, it was determined A few weeks ago in Prague, the Czech In my judgment, this treaty is very that this was not a credible intel- Republic, President Obama and Rus- important. It is a very important first ligence piece of information. But for a sian President Medvedev signed a new step—only a first step—because much month or so, there was great concern strategic arms control treaty. It is more needs to be done. But it is impor- about the prospect of a terrorist group called START. I compliment the ad- tant in terms of enhancing our security having stolen a nuclear weapon, smug- ministration for successfully com- and world security. This will bolster, in gled it into an American city, and pleting this treaty. I was part of a my judgment, the Nonproliferation being able to detonate it. Then we were group in the Senate that continued to Treaty. It demonstrates that the not talking about 9/11; we were talking meet with and review with the nego- United States and Russia are living up about a catastrophe in which hundreds tiators the progress of their work. to their part of the deal under the NPT and hundreds of thousands of people Their work was long and difficult, but to begin reducing arms. I think it will would be killed and life on Earth would they reached an agreement with the strengthen Washington’s hand in a never be the same. When and if ever a Russians. tighter nuclear nonproliferation re- nuclear weapon is detonated in the It limits each side to 1,550 deployed gime, especially at the May NPT con- middle of a major city on this planet, strategic nuclear warheads, which is 30 ference. life will change as we know it. percent lower than the Moscow Treaty Some Senators have said, as would be That brings me to this question of under which we are now operating. the case, I suppose, with any treaty: nuclear reduction treaties and the It limits each side to 800 deployed We are concerned about this because work that has gone on. We have about and nondeployed ICBM launchers, we think it weakens America’s hand; 25,000 nuclear warheads on this planet. SLBM launchers, and heavy bombers— we think it cuts our nuclear arsenal I have just described the apoplectic sei- these are all delivery vehicles— too deeply. I think they are wrong on zure that existed in October of 2001 be- equipped for nuclear armaments. That that point. They are wrong. We have cause one CIA agent suggested he had is one-half of what the START treaty plenty of nuclear weapons. Not enough credible evidence or a rumor that one allowed. nuclear weapons is not among our terrorist group had stolen one small 10- It sets a separate limit of 700 de- problems; we have plenty. So do the kiloton nuclear weapon. Think of the ployed ICBMs and SLBMs and deployed Russians. We can blow up this planet angst that caused for about a month, heavy bombers that are equipped for 150 times and more. We have plenty of which most Americans don’t know nuclear weapons. nuclear weapons. The question is, How about. But that was one weapon. There The treaty, in addition, has a verifi- do we and the Russians and others are 25,000 on this Earth—25,000 nuclear cation regime, which is very impor- begin to reduce the number of nuclear weapons. Russia probably has around tant. You can have a treaty with some- weapons, and, most important, how do 15,000. one, but if you cannot verify and in- we stop the spread of nuclear weapons? This is not classified, by the way. spect, then you have a problem. This Let me put up a chart that shows This is from a recent estimate by the treaty with the Russians has onsite in- what the Chairman of the Joint Chiefs Union of Concerned Scientists. Most spections and exhibitions, telemetry of Staff said last month: people say it is accurate. The United exchanges, data exchanges and notifi- I, the Vice Chairman, and the Joint Chiefs, States has 9,400. China has 240. France cations, and provisions to facilitate the as well as our combatant commanders has 300. Britain has 200. use of a national technical means for around the world, stand solidly behind this new treaty, having had the opportunity to The loss of one to a terrorist group— treaty monitoring. provide our counsel, to make our rec- the detonation of that nuclear warhead This, in my judgment, is a good trea- ommendations, and to help shape the final in a major city would change life as we ty that will strengthen this country. It agreements. know it on planet Earth. So the ques- will reduce by 30 percent the number of This is the Chairman of the Joint tion is, What do we do about that? We strategic nuclear warheads that Russia Chiefs. He says he and the Joint Chiefs struggle to try to accomplish two could possess and target at the United believe this represents our country’s goals—one, to prevent the spread of nu- States. It allows our country to deter- best national security interest. clear weapons to others who don’t now mine our own force structure and gives Here is what some others are saying. have it, to prevent terrorists from ever us the flexibility to deploy and main- Douglas Feith, not particularly unex- acquiring it, and working very hard to tain our strategic nuclear forces in a pected. I can pretty much guess what accomplish both even while we again way that best serves our own national he will say on anything dealing with try a systematic reduction of nuclear security interests. security if I saw his name tag, I guess. weapons from the 25,000 level and par- The new Nuclear Posture Review, as Doug Feith, a former Defense official ticularly among those that have the my colleagues know, says the United under the previous administration, most nuclear weapons. We understand States will maintain the nuclear triad says: it is very difficult to reach these agree- of land-based missiles, ballistic missile Since the administration is so eager for ments, and when reached, it is very dif- submarines, as well as bombers. The [the treaty], the main interests of conserv- ficult to get them agreed to, get the Obama administration has said as long atives— support by what is necessary in the as nuclear weapons exist, this country Meaning him and his friends, neo- Senate. will maintain a safe, secure, and effec- cons among other things— About 95 percent of the nuclear weap- tive arsenal to deter any adversary and will relate to modernization. Republicans ons are owned by the United States of to protect our allies. are interested in the U.S. nuclear posture, America and by Russia. There are a lot This new START treaty gives us an the political leverage they have will be the of groups in this world that are very important window into Russia’s stra- treaty . . . One of the hot issues is going to interested in acquiring one nuclear tegic arsenal and to ensure that Russia be the replacement warhead . . . weapon with which to terrorize this will not be able to surprise us and try What does he mean? We are going to planet. to change that balance. use this treaty as leverage to force the We are now operating under the Stra- This treaty contains no limits on our government to develop a new nuclear tegic Offensive Reductions Treaty, ability to continue developing and warhead program called the RRW, the known as the Moscow Treaty. It re- fielding missile defenses. Our country Reliable Replacement Warhead. quires the United States and Russia to is doing some of that. Frankly, I have I am chairman of the subcommittee have no more than 2,200 deployed nu- some questions about the cost and the that funds that program. We stopped clear weapons—there are many more effectiveness of some of what we are funding that warhead. That warhead than that; I am talking about deployed doing. Nonetheless, there is no limita- was an outgrowth of the Congress de- in the field—by 2012. tion on that in this treaty. ciding we are not going to fund the pro- The Strategic Offensive Reduction As was done in the case of START, vision before it for another nuclear Treaty we are now operating under Russia has made a unilateral state- warhead. We remember the provision: does not restrict any nuclear delivery ment regarding missile defenses. Its Now we have to build earth-pene- vehicles at all—airplanes, missiles, and statement is not legally binding and trating, bunker-buster nuclear weap- so on—and it does not have any verifi- does not constrain us in any of our U.S. ons. That was the thing about 5 years cation measures and it expires in 2012. missile defense programs. ago.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2565 The Congress said: We are not going ing year. It invests significant money to reduce the number of nuclear weap- to build earth-penetrating, bunker- in what is called life extension pro- ons: reduce the delivery vehicles with- buster nuclear weapons. There is no grams. The nuclear weapons in our ar- out having air-to-air combat, without end to the menu of nuclear weapons senal are not just the old nuclear weap- firing intercontinental ballistic mis- some people want. We are not going to ons. We spend money all the time on siles, and without detonating nuclear do that. That morphed into Reliable life extension programs to make sure warheads. It is the kind of program we Replacement Warhead, RRW, that was they are reliable. have engaged in, the Nunn-Lugar pro- to begin replacing our existing stock of I can go on and talk about the budg- gram, the Global Threat Reduction warheads in a big program with the et. The fact is, this President has sent Program, and it is also treaties such as Navy, Air Force, and so on. We stopped us a budget that does what he thinks is the START treaty. that as well. We did not stop it because necessary for the life extension pro- If it is not our responsibility and if it we did not have the money or anything grams and the additional funding. At a does not fall on our shoulders to pro- like that. We stopped it because it is time when we have significant finan- vide the world leadership to stop the not necessary. cial problems, he is proposing addi- spread of nuclear weapons, who else is We have a process by which we cer- tional funding in this area. going to do that? Who else? If you read tify that the current nuclear stockpile This is a quote from Linton Brooks, the book by Graham Allison or under- works, that it is effective. We have a who was the NNSA Administrator from stand the consequences of both 9/11 and also October 11 of the same year and process by which we do that. We have a 2003 to 2007 under George W. Bush, in the report by a CIA agent code named lot of interest by other groups that February of this year: Dragonfire, that a terrorist group had have weighed in on the science of this, START, as I now understand it, is a good stolen a 10-kiloton weapon and would saying our existing stock of nuclear idea on its own merits, but I think for those who think it’s only a good idea if you only detonate it in an American city, if that weapons will last much longer than doesn’t send chills down your spine for some had suggested without spending have a strong weapons program, I think this budget ought to take care of that. the future of this world, then there is hundreds of billions of dollars for re- Coupled with the out-year projections, it something fundamentally wrong with placement. Yet some will never be sat- takes care of the concerns about the complex your system. isfied. and it does very good things about the stock- We have to understand if we do not Here are statements by some Sen- pile and it should keep the labs healthy. . . . back away from this difficult specter of ators who also will want to use the That is what he said. That is impor- a new world in which terrorists are try- ratification of this START treaty as le- tant to understand when my colleagues ing very hard to acquire nuclear weap- verage. One Senator said: come to the floor of the Senate and ons—they don’t have to acquire very Well, I can tell you this, that I think the say: I don’t know that I can support much. They have to acquire the equiva- Senate will find it very hard to support this arms reductions because we want to lent of perhaps a 2-liter bottle of highly treaty if there is not a robust modernization make sure we have more money spent enriched uranium. Think of one of plan. on nuclear weapons to build a whole those 2-liter Coke bottles at the gas That is the need to design and build class of new nuclear weapons. station that sits on the counter the new nuclear weapons. Understand, there is nothing partisan next time you go past, 2 liters of soft Another one said: here. The person who last headed this drink. Think of 2 liters of highly en- The success of your administration in en- agency under George W. Bush said this riched nuclear material to produce one suring the modernization plan is fully funded budget takes care of that. It will give nuclear weapon. in the authorization and appropriations us the confidence we need. Some of my colleagues, at least some process could have a significant impact on The September 2009 ‘‘Report on the folks kind of made light of, and some the Senate as it considers the START follow- Lifetime Extension Program’’ by the commentators on the radio made fun of on treaty. JASON Program Office, which is a very the very large group of foreign leaders And another one: respected group of scientists, said this: that was called to this town a week ago My vote on the START treaty will thus de- JASON finds no evidence that accumula- to deal with this question of how we pend in large measure on whether I am con- tion of changes incurred from aging and life get our arms around and begin securing vinced the administration has put forward extension programs have increased risk to loose nuclear materials that exist an appropriate and adequately funded plan certification of today’s deployed nuclear around the world. That was nothing to to sustain and modernize the smaller nuclear warheads. stockpile it envisions. laugh at. That was a historic oppor- Simple. tunity by this administration, a big As chairman of the Appropriations Lifetimes of today’s nuclear warheads deal by this President to say: You Energy and Water Development Sub- could be extended for decades, with no an- know what. That leadership is our re- committee, I can tell my colleagues ticipated loss in confidence, by using ap- sponsibility, and we are going to call that the proposed budget for nuclear proaches similar to those employed in the leaders from all around the world to weapons, which is in my subcommittee, life extension programs to date. talk about these loose nuclear mate- for fiscal year 2011 from this adminis- We have people around here who are rials that can be acquired by a ter- tration is more than enough to main- just unbelievably anxious to get mov- rorist organization and made into a tain the safety and reliability of our ing to begin building an entire new bomb, and we are going to secure these nuclear weapons; sufficient so that any class of nuclear weapons. Yet we have materials. We are spending money to Chairman of the Joint Chiefs can say evidence from the science of nuclear do that. We are spending money in our with confidence and authority whose weapons that the existing stock of nu- budget to do that. But this President requirement it is to certify each year, clear weapons can be maintained with said: Let’s work much harder. Let’s re- that we have a nuclear arsenal that life extension programs for decades. dedicate ourselves, and not just us, can be maintained as reliable and safe Why would we do that? let’s all of us rededicate ourselves to for the long-term future. I wish to make a concluding point. I gather and secure the loose nuclear The National Nuclear Security Agen- wanted to talk about the START pro- material and prevent access to that cy, the agency that oversees nuclear gram because it is so important to the material by a terrorist organization. weapons, would see a 13-percent or $1.3 future of our relationship with Russia. Again, this responsibility falls to us. billion increase under this President’s But much more important than that, it It is our responsibility to lead, to help proposal. There are some who have ar- is important for the world. stop the spread of nuclear weapons. It gued this budget increase and planned I pulled out of my desk a wing strut is also our responsibility, hopefully, to future increases may not be sufficient from a backfire bomber and ground-up lead toward where the nonproliferation to maintain the current stockpile. But copper from a Russian submarine. I treaty insists we go; that is, to fewer that is just not the case. If we look at have taken a hinge from a missile silo and fewer and fewer nuclear weapons the budget request, the administra- in the Ukraine that had an SS–18 with on this planet. tion’s budget request includes $7 billion a nuclear warhead aimed at the United I understand we will not and should for nuclear weapons activities. That is States. I have all those in my desk just not disarm unilaterally. I fully under- an increase of $624 million in this com- to remind me every day there is a way stand that. But I also understand that

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2566 CONGRESSIONAL RECORD — SENATE April 22, 2010 having 25,000 nuclear weapons stored in their health insurance as they stay support Secretary Shinseki’s efforts to various locations on this planet is not home to care for their wounded family end homelessness among veterans. healthy for the long-term prospect of members from the current conflicts. Senator DURBIN has helped keep at- life on Earth. So it is our responsi- For those family members who manage tention on issues of overall quality bility. It is an important step, a step to keep their jobs, their employers, in- management in VA, and resolving and only in the direction because it is not cluding many small businesses already preventing such problems as those the giant step. But an important first struggling in these difficult economic identified at the Marion, IL, VA med- step is to ratify this START treaty. times, lose money from absenteeism ical center, and other facilities. Provi- The Russians and the Americans and declining productivity. The toll on sions of this bill will make needed im- worked very hard to construct a treaty the caregivers who try to do it all can provements in these areas. that I think has great merit and will be measured in higher rates of depres- I am grateful to all who have worked provide for a safer world. Following the sion, and worse health status as they diligently on this bipartisan bill—in- ratification of this treaty, then there is struggle to care for their seriously including the committee’s ranking mem- even more work to do, much more jured family members, an obligation ber, Senator BURR—and the veterans work to do. But this is the step along that ultimately belongs to the Federal service organizations, who made this the way that is important for all of us Government. one of their priorities. We are particu- to embrace. The caregiver program that will be larly indebted to the Disabled Amer- I yield the floor, and I suggest the ab- established by this compromise bill ican Veterans and the Wounded War- sence of a quorum. will help VA to fulfill its obligation to rior Project for being in the vanguard The PRESIDING OFFICER. The care for the Nation’s wounded veterans on advocating for family caregivers clerk will call the roll. by providing their caregivers with vital and for their unrelenting support for The assistant legislative clerk pro- support services and a living stipend. this legislation. Various other advocates have sup- ceeded to call the roll. These vital caregiver support services ported this bill as well, including the Mr. DORGAN. Madam President, I include training, education, coun- American Legion, the Veterans of For- ask unanimous consent the order for seling, mental health services, and res- eign Wars, the Paralyzed Veterans of the quorum call be rescinded. pite care. This measure also provides America, the Nurses Organization of The PRESIDING OFFICER. Without health care to the family caregivers of Veterans Affairs, the Brain Injury As- objection, it is so ordered. injured veterans through CHAMPVA. sociation of America, the American f These caregivers deserve our support Academy of Ophthalmology, the Amer- and assistance and this new program CAREGIVERS AND VETERANS ican Association of Colleges of Nursing, will begin to meet that obligation. OMNIBUS HEALTH SERVICES ACT and many others. Another key part of the bill relates It has taken us several years to see Mr. DORGAN. Madam President, I to women veterans. Women make up a this legislation through to what I hope ask the Chair to lay before the Senate significantly increasing portion of the will be final passage today. As we reach a message from the House with respect overall veteran population. Thanks to this final point in the legislative proc- to S. 1963. the leadership of Senator MURRAY, this ess, I take a moment to thank the The PRESIDING OFFICER. The bill will increase funding for mental members of the committee staff who Chair lays before the Senate a message health services for women who have worked so hard on this legislation, in- from the House, which the clerk will suffered military sexual trauma, and cluding former committee staffers who report. for medical services for newborn chil- helped craft many of the provisions in The assistant legislative clerk read dren. In addition, this bill requires VA this bill, Alexandra Sardegna, Aaron as follows: to report on the barriers facing women Sheldon, and Andrea Buck. I also S. 1963 veterans who seek health care at VA. thank current committee staff, Ryan Resolved, That the bill from the Senate (S. With the help of Senator TESTER, Pettit, Preethi Raghavan, Nancy 1963) entitled ‘‘An Act to amend title 38, this bill also will improve veteran ac- Hogan, and Lexi Simpson, and all the United States Code, to provide assistance to cess to care in rural areas by author- others who, in addition to their work caregivers of veterans, to improve the provi- izing VA to carry out demonstration on specific elements of the final agree- sion of health care to veterans, and for other projects for expanding care for vet- purposes.’’, do pass with an amendment. ment, have worked to bring this legis- erans in rural areas through partner- lation to final passage. Mr. AKAKA. Mr. President, as chair- ships with other federal entities, such We have promised to care for vet- man of the Committee on Veterans’ Af- as the Centers for Medicare and Med- erans when they return from service to fairs, I am proud to urge our colleagues icaid Services and the Indian Health the Nation. The provisions in this bill to support S. 1963, the proposed ‘‘Care- Service. States which have an espe- will help us keep our promise by going givers and Veterans Omnibus Health cially high number of veterans living beyond words and ceremony, and pro- Services Act of 2010,’’ as amended. This in rural areas will benefit greatly from viding the care that veterans have bill reflects a compromise agreement these programs. earned through their sacrifices. between the Committees on Veterans’ This bill also expands the scope of I ask my colleagues to give this legis- Affairs of the Senate and the House of VA’s Education Debt Reduction Pro- lation their unanimous support. Representatives on health care and re- gram to include retention in addition I ask unanimous consent that an ex- lated provisions for veterans and their to recruitment so that VA can address planatory statement developed jointly caregivers. The House passed this bill, staff shortages in rural areas. Where with our counterparts in the House to by a vote of 419–0, on April 21, 2009. VA has a shortage of qualified employ- accompany this compromise bill be When this bill was passed by the Sen- ees due to location or hard-to-recruit printed in the RECORD at the conclu- ate on November 19, 2009, it would have positions, this legislation would in- sion of my remarks. greatly expanded assistance for vet- crease the total education debt reduc- There being no objection, the mate- erans and family members. The bill in tion payments made by VA from $44,000 rial was ordered to be printed in the its current form, after being reconciled to $60,000. RECORD, as follows: with legislation in the other body, pro- The bill also attacks another very EXPLANATORY STATEMENT SUBMITTED BY vides even more robust services, but is difficult and painful problem—that of SENATOR AKAKA, CHAIRMAN OF THE SENATE also significantly less expensive than homeless veterans. On any given night, COMMITTEE ON VETERANS’ AFFAIRS when this legislation was originally ap- the best estimate is that more than AMENDMENT OF THE HOUSE OF REPRESENTA- proved unanimously by the Senate. 107,000 veterans are homeless. We know TIVES TO S. 1963 CAREGIVERS AND VETERANS The centerpiece of this bill is a new that homelessness is often a con- OMNIBUS HEALTH SERVICES ACT OF 2010 program of caregiver assistance for our sequence of multiple factors, including S. 1963, as amended, the ‘‘Caregivers and Veterans Omnibus Health Services Act of most seriously wounded veterans. The unstable family support, job loss, and 2010,’’ reflects the Compromise Agreement Committee has heard over and over health problems. This bill will create between the Committees on Veterans’ Af- about family members who quit their programs to help ease the burden of fairs of the Senate and the House of Rep- jobs, go through their savings, and lose veteran homelessness and, in so doing, resentatives (the Committees) on health care

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2567 and related provisions for veterans and their help caregivers of eligible veterans who, to- support services available to caregivers caregivers. The provisions in the Com- gether with the veteran, submit a joint ap- through other public, private, and nonprofit promise Agreement are derived from a num- plication requesting services under the new agencies. In the event that sufficient funding ber of bills that were introduced and consid- program. Eligible veterans are defined as is not available to provide training and edu- ered by the House and Senate during the those who have a serious injury, including cation services, the Secretary would be given 111th Congress. These bills include S. 1963, a traumatic brain injury, psychological trau- the authority to suspend the provision of bill to provide assistance to caregivers of ma, or other mental disorder, incurred or ag- such services. The Secretary would be re- veterans, to improve the provision of health gravated while on active duty on or after quired to certify to the Committees that care to veterans, and for other purposes, September 11, 2001. Within two years of pro- there is insufficient funding 180 days before which passed the Senate on November 19, gram implementation, the Department of suspending the provision of these services. 2009 (Senate bill); and H.R. 3155, a bill to pro- Veterans Affairs (VA) would be required to This certification and the resulting suspen- vide certain caregivers of veterans with submit a report on the feasibility and advis- sion of services would expire at the end of training, support, and medical care, and for ability of extending the program to veterans the fiscal year concerned. other purposes, which passed the House on of earlier periods of service. Severely injured The overall caregiver support program for July 27, 2009 (House bill). veterans are defined as those who need per- caregivers of eligible OEF or OIF veterans In addition, the Compromise Agreement sonal care services because they are unable would authorize VA to provide training and includes provisions derived from the fol- to perform one or more independent activi- supportive services to family members and lowing bills which were passed by the House: ties of daily living, require supervision as a certain others who wish to care for a dis- H.R. 402, a bill to designate the Department result of neurological or other impairments, abled veteran in the home and to allow vet- of Veterans Affairs Outpatient Clinic in or need personal care services because of erans to receive the most appropriate level Knoxville, Tennessee, as the ‘‘William C. other matters specified by the VA. For ac- of care. The newly authorized supportive Tallent Department of Veterans Affairs Out- cepted caregiver applicants, VA would be re- services would include training and certifi- patient Clinic,’’ passed by the House on July quired to provide respite care as well as pay cation, a living stipend, and health care—in- 14, 2009; H.R. 1211, a bill to expand and im- for travel, lodging and per-diem expenses cluding mental health counseling, transpor- prove health care services available to while the caregiver of an eligible veteran is tation benefits, and respite. women veterans, especially those serving in undergoing necessary training and education The Compromise Agreement also includes Operation Enduring Freedom and Operation to provide personal care services. Once a an authorization for appropriations that is Iraqi Freedom, from the Department of Vet- caregiver completes training and is des- below the estimate furnished by the Congres- erans Affairs, and for other purposes, passed ignated as the primary personal care attend- sional Budget Office. The lower authoriza- by the House on June 23, 2009; H.R. 1293, a ant, this individual would receive ongoing tion level is based on information contained bill to provide for an increase in the amount assistance including direct technical sup- in a publication (Economic Impact on Care- payable by the Secretary of Veterans Affairs port, counseling and mental health services, givers of the Seriously Wounded, Ill, and In- to veterans for improvements and structural respite care of no less than 30 days annually, jured, April 2009) of the Center for Naval alterations furnished as part of home health health care through the Civilian Health and Analyses (CNA). This study estimated that, services, passed by the House on July 28, Medical Program of the Department of Vet- annually, 720 post-September 11, 2001 vet- 2009; H.R. 2770, a bill to modify and update erans Affairs (CHAMPVA), and a monthly fi- erans require comprehensive caregiver serv- provisions of law relating to nonprofit re- nancial stipend. The provision in the Senate ices. The Compromise Agreement limits the search and education corporations, and for bill would require VA to carry out oversight caregiver program only to ‘‘seriously injured other purposes, passed by the House on July or very seriously injured’’ veterans who were 27, 2009; H.R. 3157, a bill to name the Depart- of the caregiver by utilizing the services of home health agencies. A home health agency injured or aggravated an injury in the line of ment of Veterans Affairs outpatient clinic in duty on or after September 11, 2001. CNA Alexandria, Minnesota, as the ‘‘Max J. would be required to visit the home of a veteran not less often than once every six found that the average requirement for such Beilke Department of Veterans Affairs Out- caregiver services is 18 months, and that patient Clinic,’’ passed by the House on No- months and report its findings to VA. Based only 43 percent of veterans require caregiver vember 3, 2009; H.R. 3219, a bill to make cer- on the findings, VA would have the final au- services over the long-term. CNA also found tain improvements in the laws administered thority to revoke a caregiver’s designation that, on average, veterans need only 21 hours by the Secretary of Veterans Affairs relating as a primary personal care attendant. The of caregiver services per week. Only 233 fam- to insurance and health care, and for other provision also would require an implementa- ily caregivers were referred by VA for train- purposes, passed by the House on July 27, tion and evaluation report, and provide for ing and certification through existing home 2009; and H.R. 3949, a bill to make certain im- an effective date 270 days after the date of health agencies in FY 2008. This represented provements in the laws relating to benefits the enactment of this Act. five percent of all home care referrals. In FY administered by the Secretary of Veterans The House bill contains comparable provi- Affairs, and for other purposes, passed by the sions (section 2 and section 4) with some key 2009, only 168 family caregivers were referred House on November 3, 2009. differences. The provisions in the House bill to home care agencies for training and cer- The Compromise Agreement also includes would provide educational sessions, access to tification. provisions derived from the following House a list of comprehensive caregiver support Medical Care for Family Caregivers (section 102) bills, which were introduced and referred to services available at the county level, infor- The Senate bill contains a provision (sec- the Subcommittee on Health of the House mation and outreach, respite care, and coun- tion 102) that would provide health care Committee on Veterans’ Affairs: H.R. 919, to seling and mental health services to family through the CHAMPVA program for individ- enhance the capacity of the Department of and non-family caregivers of veterans of any uals designated as the primary care attend- Veterans Affairs to recruit and retain nurses era. For family caregivers of eligible vet- ant for eligible OEF or OIF veterans and who and other critical health care professionals, erans who served in Operation Enduring have no other insurance coverage. and for other purposes, which was introduced Freedom (OEF) or Operation Iraqi Freedom The House bill contains a comparable pro- on February 9, 2009; H.R. 3796, to improve per (OIF), the House bill would require VA to vision (section 5), with a difference in the diem grant payments for organizations as- provide a monthly financial stipend, health target population. Under the House bill, the sisting homeless veterans, which was intro- care service through CHAMPVA, and lodging target population would include all family duced on October 13, 2009; and H.R. 4166, to and subsistence to the caregiver when the caregivers of eligible OEF or OIF veterans, make certain improvements in the laws ad- caregiver accompanies the veteran on med- defined as those who have a service-con- ministered by the Secretary of Veterans Af- ical care visits. Eligible OEF or OIF veterans nected disability or illness that is severe; are fairs relating to educational assistance for are defined as those who have a service-con- in need of caregiver services without which health professionals, and for other purposes, nected disability or illness that is severe; in hospitalization, nursing home care, or other which was introduced on December 1, 2009, need of caregiver services without which the residential institutional care would be re- and was concurrently referred to the Com- veteran would be hospitalized, or placed in quired; and, are unable to carry out activi- mittee on Energy and Commerce. nursing home care or other residential insti- ties (including instrumental activities) of The House and Senate Committees on Vet- tutional care; and are unable to carry out ac- daily living. erans’ Affairs have prepared the following tivities (including instrumental activities) of The Compromise Agreement contains the explanation of the Compromise Agreement. daily living. Senate provision. Differences between the provisions contained The Compromise Agreement contains the Counseling and Mental Health Services for in the Compromise Agreement and the re- Senate provision modified to no longer re- Family Caregivers (section 103) lated provisions in the bills listed above are quire VA to enter into relationships with The Senate bill contains a provision (sec- noted in this document, except for clerical home health agencies to make home visits corrections and conforming changes, and tion 102) that would provide counseling and every six months. In addition, the Com- mental health services for family caregivers minor drafting, technical, and clarifying promise Agreement follows the House bill in changes. of OEF or OIF veterans. creating a separate program of general fam- The House bill contains a comparable pro- TITLE I—CAREGIVER SUPPORT ily caregiver support services for family and vision (section 3), except that counseling and Assistance and Support Services for Family non-family caregivers of veterans of any era. mental health services would be available to Caregivers (section 101) Such support services would include training caregivers of veterans of any era. The Senate bill contains a provision (sec- and education, counseling and mental health The Compromise Agreement contains the tion 102) that would create a new program to services, respite care, and information on the House provision.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2568 CONGRESSIONAL RECORD — SENATE April 22, 2010 Lodging and Subsistence for Attendants (section newly separated from the Armed Forces ternity care from VA if the child was deliv- 104) would receive reintegration and readjust- ered in a VA facility or a non-VA facility The Senate bill contains a provision (sec- ment services in a group retreat setting. The pursuant to a VA contract for delivery. Such tion 103) that would allow VA to pay for the provision also would require a report detail- care would be authorized for up to seven lodging and subsistence costs incurred by ing the pilot program findings and providing days. any attendant who accompanies an eligible recommendations on whether VA should con- H.R. 1211 contains a comparable provision OEF or OIF veteran seeking VA health care. tinue or expand the pilot program. (section 201), but would allow VA to provide The House bill contains a comparable pro- There was no comparable House provision. care for a set seven-day period for newborn vision (section 6), with a difference in the The Compromise Agreement contains the children of women veterans receiving mater- target population. Under the House bill, the Senate provision but specifies that the pro- nity care. target population would include all family gram be carried out at a minimum of three, The Compromise Agreement contains the caregivers of eligible OEF or OIF veterans, not five, locations. Senate provision. defined as those who have a service-con- Service on Certain Advisory Committees of TITLE III—RURAL HEALTH IMPROVEMENTS nected disability or illness that is severe; are Women Recently Separated From Service in Improvements to the Education Debt Reduction in need of caregiver services without which the Armed Forces (section 204) Program (section 301) hospitalization, nursing home care, or other The Senate bill contains a provision (sec- The Senate bill contains a provision (sec- residential institutional care would be re- tion 207) that would amend the membership tion 301) that would eliminate the cap in cur- quired; and, are unable to carry out activi- of the Advisory Committee on Women Vet- rent law on the total amount of education ties (including instrumental activities) of erans and the Advisory Committee on Minor- debt reduction payments that can be made daily living. ity Veterans to require that such commit- over five years so as to permit payments The Compromise Agreement contains the tees include women recently separated from equal to the total amount of principal and Senate provision. the Armed Forces and women who are mi- interest owed on eligible loans. TITLE II—WOMEN VETERANS HEALTH CARE nority group members and are recently sepa- H.R. 4166 contains a provision (section 3), MATTERS rated from the Armed Forces, respectively. that would expand the purpose of the Edu- Study of Barriers for Women Veterans to Health H.R. 1211 contains a similar provision (sec- cation Debt Reduction Program (EDRP), set Care from the Department of Veterans Af- tion 204) except that it would allow either forth in subchapter VII of chapter 76 of title fairs (section 201) men or women who are members of a minor- 38, United States Code., to include retention in addition to recruitment, as well as to The Senate bill contains a provision (sec- ity group to serve on the Advisory Com- modify and expand the eligibility require- tion 201) that would require VA to report, by mittee on Minority Veterans. ments for participation in the program. In June 1, 2010, on barriers facing women vet- The Compromise Agreement contains the addition, the provision would increase the erans who seek health care at VA, especially Senate provision. total education debt reduction payments women veterans of OEF or OIF. Pilot Program on Subsidies for Child Care for made by VA from $44,000 to $60,000 and raise H.R. 1211 contains a comparable provision Certain Veterans Receiving Health Care the cap on payments to be made during the (section 101) that would require a similar (section 205) fourth and fifth years of the program from study of health care barriers for women vet- The Senate bill contains a provision (sec- $10,000 to $12,000. The provision would also erans. The House provision also would define tion 208) that would require VA to establish provide VA with the flexibility to waive the the parameters of the research study sample; a pilot program through which child care limitations of the EDRP and pay the full direct VA to build on the work of an existing subsidies would be provided to women vet- principal and interest owed by participants study entitled ‘‘National Survey of Women erans receiving regular and intensive mental who fill hard-to-recruit positions at VA. Veterans in Fiscal Year 2007–2008;’’ mandate health care and intensive health care serv- The Compromise Agreement contains the VA to share the barriers study data with the ices. The pilot program would be carried out House provision. Center for Women Veterans and the Advisory in no fewer than three Veterans Integrated Visual Impairment and Orientation and Mobil- Committee on Women Veterans; and author- Service Networks (VISNs) for a duration of ize appropriations of $4 million to conduct ity Professionals Education Assistance Pro- two years and, at its conclusion, there would gram (section 302) the study. VA would be required to submit to be a requirement for a report to be sub- The Senate bill contains a provision (sec- Congress a report on the implementation of mitted within six months detailing findings tion 302) that would require VA to establish this section within six months of the publi- related to the program and recommendations a scholarship program for students accepted cation of the ‘‘National Survey of Women on its continuation or extension. The provi- or enrolled in a program of study leading to Veterans in Fiscal Year 2007–2008,’’ and the sion also would direct VA, to the extent certification or a degree in the areas of vis- final report within 30 months of publication. practicable, to model the pilot program after ual impairment or orientation and mobility. The Compromise Agreement contains the an existing VA Child Care Subsidy Program. The student would be required to agree to House provision. H.R. 1211 contains a comparable provision maintain an acceptable level of academic Training and Certification for Mental Health (section 203), but it does not stipulate that standing as well as join VA as a full-time Care Providers of the Department of Vet- the child care program shall be executed employee for three years following their erans Affairs on Care for Veterans Suffering through stipends. Rather, stipends are one completion of the program. VA would be re- From Sexual Trauma and Post-Traumatic option among several listed, including part- quired to disseminate information on the Stress Disorder (section 202) nership with private agencies, collaboration scholarship program throughout educational with facilities or program of other Federal The Senate bill contains a provision (sec- institutions, with a special emphasis on departments or agencies, and the arrange- tion 204) that would require VA to imple- those with a high number of Hispanic stu- ment of after-school care. ment a program for education, training, cer- dents and Historically Black Colleges and tification, and continuing medical education The Compromise Agreement contains the Senate provision, with a modification to Universities. for mental health professionals, which would H.R. 3949 contains the same provision (sec- clarify that the child care subsidy payments include principles of evidence-based treat- tion 302). ment and care for sexual trauma. VA would shall cover the full cost of child care serv- The Compromise Agreement contains this also be required to submit an annual report ices. In addition, the provision expands the provision. definition of veterans who qualify for the on the counseling, care, and services pro- Demonstration Projects on Alternatives for Ex- child care subsidy to women veterans who vided to veterans suffering from sexual trau- panding Care for Veterans in Rural Areas are in need of regular or intensive mental ma, and to establish education, training, cer- (section 303) tification, and staffing standards for per- health care services but who do not seek The Senate bill contains a provision (sec- sonnel providing treatment for veterans with such care due to lack of child care services. tion 305) that would authorize VA to carry sexual trauma. Finally, the Compromise Agreement follows out demonstration projects to expand care to H.R. 1211 contains a similar provision (sec- the House provision by allowing for other veterans in rural areas through the Depart- tion 202), except it included no provision reforms of child care assistance. In addition to ment’s Office of Rural Health. Projects could quiring VA to establish education, training, stipends, child care services may be provided include VA establishing a partnership with certification, and staffing standards for the through the direct provision of child care at the Centers for Medicare and Medicaid Serv- mental health professionals caring for vet- an on-site VA facility, payments to private ices to coordinate care for veterans in rural erans with sexual trauma. child care agencies, collaboration with facili- The Compromise Agreement contains the ties or programs of other Federal depart- areas at critical access hospitals, developing House provision. ments or agencies, and other forms as a partnership with the Department of Health deemed appropriate by the Secretary. and Human Services to coordinate care for Pilot Program on Counseling in Retreat Settings veterans in rural areas at community health for Women Veterans Newly Separated From Care for Newborn Children of Women Veterans centers, and the expanding coordination with Service in the Armed Forces (section 203) Receiving Maternity Care (section 206) the Indian Health Service to enhance care The Senate bill contains a provision (sec- The Senate bill contains a provision (sec- for Native American veterans. tion 205) that would require VA to establish, tion 209) that would authorize VA to provide There was no comparable House provision. at a minimum of five locations, a two year post-delivery health care services to a new- The Compromise Agreement contains the pilot program in which women veterans born child of a woman veteran receiving ma- Senate provision.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2569 Program on Readjustment and Mental Health Grants for Veterans Service Organizations for who committed suicide between January 1, Care Services for Veterans Who Served in Transportation of Highly Rural Veterans 1999 and the enactment of the legislation. To Operation Enduring Freedom and Oper- (section 307) conduct this study, VA would be required to ation Iraqi Freedom (section 304) The Senate bill contains a provision (sec- coordinate with the Secretary of Defense, The Senate bill contains a provision (section 315) that would require VA to establish veterans’ service organizations, the Centers tion 306) that would require VA to establish a grant program to provide innovative trans- for Disease Control and Prevention, and a program providing OEF and OIF veterans portation options to veterans in highly rural state public health offices and veterans with mental health services, readjustment areas. Eligible grant recipients would in- agencies. counseling and services, and peer outreach clude state veterans service agencies and There was no comparable House provision. and support. The program would also provide veterans service organizations, and grant The Compromise Agreement contains the the immediate families of these veterans awards would not exceed $50,000. Senate provision. with education, support, counseling, and There was no comparable House provision. TITLE V—OTHER HEALTH CARE MATTERS mental health services. In areas not ade- The Compromise Agreement contains the Repeal of Certain Annual Reporting Require- quately served by VA facilities, VA would be Senate provision. ments (section 501) authorized to contract with community Modifications of Eligibility for Participation in The Senate bill contains a provision (sec- mental health centers and other qualified en- Pilot Program of Enhanced Contract Care tion 501) that would eliminate the reporting tities for the provision of such services, as Authority for Health Care Needs of Certain requirements, set forth in sections 7451 and well as provide training to clinicians and Veterans (section 308) 8107 of title 38, United States Code, on pay contract with a national non-profit mental The Senate bill contains a provision (sec- adjustments for registered nurses. These re- health organization to train veterans par- tion 316) that would clarify the definition of porting requirements date to a time when ticipating in the peer outreach and support eligible veterans who are covered under a VA facility directors had the discretion to program. The provision would require an ini- pilot program of enhanced contract care au- offer annual General Schedule (GS) com- tial implementation report within 45 days thority for rural veterans, created by section parability increases to nurses. Current law after enactment of the legislation. Addition- 403(b) of the Veterans’ Mental Health and requires VA to provide GS comparability in- ally, the Secretary would be required to sub- Other Care Improvements Act of 2008 (P.L. creases to nurses so that that pay adjust- mit a status report within one year of enact- 110–387, 122 Stat. 4110). Eligible veterans ment report is no longer necessary. The pro- ment of the legislation detailing the number would be defined to include those living vision would also eliminate the reporting re- of veterans participating in the program as more than 60 minutes driving distance from quirement on VA’s long-range health care well as an evaluation of the services being the nearest VA facility providing primary planning which included the operations and provided under the program. There was no comparable House provision. care services, living more than 120 minutes construction plans for medical facilities. The The Compromise Agreement contains the driving distance from the nearest VA facility information contained in this report is al- Senate provision, but does not include the providing acute hospital care, and living ready submitted in other reports and plans, reporting requirement and authorizes rather more than 240 minutes driving distance from in particular the Department’s annual budg- than requires VA to contract with commu- the nearest VA facility providing tertiary et request. nity mental health centers and other quali- care. There was no comparable House provision. fied entities in areas not adequately served H.R. 3219 contains the same provision (sec- The Compromise Agreement contains the by VA facilities. tion 206). Senate provision. The Compromise Agreement contains this Travel Reimbursement for Veterans Receiving Submittal Date of Annual Report on Gulf War provision. Treatment at Facilities of the Department of Research (section 502) Veterans Affairs (section 305) TITLE IV—MENTAL HEALTH CARE MATTERS The Senate bill contains a provision (sec- The Senate bill contains a provision (sec- Eligibility of Members of the Armed Forces Who tion 502) that would amend the due date of tion 308) that would authorize VA to increase Served in Operation Enduring Freedom or the Annual Gulf War Research Report from the mileage reimbursement rate under sec- Operation Iraqi Freedom for Counseling and March 1 to July 1 of each of the five years tion 111 of title 38, United States Code, to Services Through Readjustment Counseling with the first report due in 2010. 41.5 cents per mile, and, a year after the en- Services (section 401) There was no comparable House provision. actment of this legislation, allow the Sec- The Senate bill contains a provision (sec- The Compromise Agreement contains the retary to adjust the newly specified mileage tion 401) that would allow any member of the Senate provision. rate to be equal to the rate paid to Govern- Armed Forces, including members of the Na- Payment for Care Furnished to CHAMPVA ment employees who use privately owned ve- tional Guard or Reserve, who served in OEF Beneficiaries (section 503) hicles on official business. If such an adjust- or OIF to be eligible for readjustment coun- The Senate bill contains a provision (sec- ment would result in a lower mileage rate, seling services at VA Readjustment Coun- tion 503) that would clarify that payments the Secretary would be required to submit to seling Centers, also known as Vet Centers. made by VA to providers who provide med- Congress a justification for the lowered rate. The provision of such services would be lim- ical care to a beneficiary covered under The provision also would allow the Secretary ited by the availability of appropriations so CHAMPVA shall constitute payment in full, to reimburse veterans for the reasonable cost that this new provision would not adversely thereby removing any liability on the part of of airfare when that is the only practical affect services provided to the veterans that the beneficiary. way to reach a VA facility. Vet Centers are currently serving. There was no comparable House provision. There was no comparable House provision. There was no comparable House provision. The Compromise Agreement contains the The Compromise Agreement contains the The Compromise Agreement contains the Senate provision. Senate provision. Senate provision. Disclosure of Patient Treatment Information Pilot Program on Incentives for Physicians Who Restoration of Authority of Readjustment Coun- from Medical Records of Patients Lacking Assume Inpatient Responsibilities at Com- seling Service To Provide Referral and Decision-making Capacity (section 504) munity Hospitals in Health Professional Other Assistance Upon Request to Former The Senate bill contains a provision (sec- Shortage Areas (section 306) Members of the Armed Forces Not Author- tion 504) that would authorize VA health The Senate bill contains a provision (sec- ized Counseling (section 402) care practitioners to disclose relevant portion 313) that would require VA to establish The Senate bill contains a provision (sections of VA medical records to surrogate de- a pilot program under which VA physicians tion 402) that would require VA to help cision-makers who are authorized to make caring for veterans admitted to community former members of the Armed Forces who decisions on behalf of patients lacking deci- hospitals would receive financial incentives, have been discharged or released from active sion-making capacity. The provision would of an amount deemed appropriate by the Sec- duty, but who are not otherwise eligible for only allow such disclosures where the infor- retary, if they maintain inpatient privileges readjustment counseling. VA would be au- mation is clinically relevant to the decision at community hospitals in health profes- thorized to help these individuals by pro- that the surrogate is being asked to make. sional shortage areas. Participation in the viding them with referrals to obtain coun- There was no comparable House provision. pilot program would be voluntary. VA would seling and services from sources outside of The Compromise Agreement contains the be required to carry out the pilot program VA, or by advising such individuals of their Senate provision. for three years, in not less than five commu- right to apply for a review of their release or nity hospitals in each of not fewer than two Enhancement of Quality Management (section discharge through the appropriate military 505) VISNs. In addition, VA would be authorized branch of service. The Senate bill contains a provision (sec- to collect third party payments for care pro- There was no comparable House provision. tion 506) that would create a National Qual- vided by VA physicians to nonveterans while The Compromise Agreement contains the ity Management Officer to act as the prin- carrying out their responsibilities at the Senate provision. community hospital where they are privi- cipal officer responsible for the Veteran leged. Study on Suicides among Veterans (section 403) Health Administration’s quality assurance There was no comparable House provision. The Senate bill contains a provision (sec- program. The provision would require each The Compromise Agreement contains the tion 403) that would require VA to conduct a VISN and medical facility to appoint a qual- Senate provision. study to determine the number of veterans ity management officer, as well as require

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2570 CONGRESSIONAL RECORD — SENATE April 22, 2010 VA to carry out a review of policies and pro- cility would be required to maintain stand- Physician Assistant Services in VA central cedures for maintaining health care quality ards that have been established by an inde- office who would report directly to the Under and patient safety. pendent, peer-reviewed organization that ac- Secretary for Health on all matters related There was no comparable House provision. credits specialized rehabilitation programs to education, training, employment, and The Compromise Agreement contains the for adults with TBI. proper utilization of physician assistants. Senate provision. There was no comparable House provision. The Senate bill contains no comparable Pilot Program on Use of Community-Based Or- The Compromise Agreement contains the provision. ganizations and Local and State Govern- Senate provision. The Compromise Agreement contains the ment Entities to Ensure that Veterans Re- Pilot Program on Provision of Dental Insurance House provision, modified to require the Di- ceive Care and Benefits for Which They are Plans to Veterans and Survivors and De- rector of Physician Assistant Services to re- Eligible (section 506) pendents of Veterans (section 510) port directly to the Chief of the Office of Pa- tient Services instead of to the Under Sec- The Senate bill contains a provision (sec- The Senate bill contains a provision (secretary for Health. tion 508) that would require VA to create a tion 513) that would require VA to carry out pilot program to study the use of community a three-year pilot program to provide speci- Committee on Care of Veterans With Traumatic organizations and local and State govern- fied dental services through a contract with Brain Injury (section 515) ment entities in providing care and benefits a dental insurer. Additionally, the provision H.R. 3219 contains a provision (section 205) to veterans. The grantees would be selected would provide that the pilot program should that would require VA to establish a Com- for their ability to increase outreach, en- take place in at least two but no more than mittee on Care of Veterans with Traumatic hance the coordination of community, local, four VISNs and that enrollment would be Brain Injury. This Committee would be restate, and Federal providers of health care, voluntary. The program would provide diag- quired to evaluate VA’s capacity to meet the and expand the availability of care and serv- nostic services, preventive services, treatment and rehabilitative needs of vet- ices to transitioning servicemembers and endodontic and other restorative services, erans with TBI, as well as make rec- their families. The two-year pilot program surgical services, emergency services, and ommendations and advise the Under Sec- would be required to be implemented in five such other services as VA considers appro- retary for Health on matters relating to this locations and, in making the site selections, priate. condition. Additionally, VA would be re- the Secretary would be required to give spe- There was no comparable House provision. quired to submit to the Committees on Vet- cial consideration to rural areas, areas with The Compromise Agreement contains the erans’ Affairs of the Senate and the House of high proportions of minority groups, areas Senate provision, modified to provide that Representatives an annual report on the with high proportions of individuals who the pilot program may take place in any Committee’s findings and recommendations have limited access to health care, and areas number of VISNs the Secretary deems appro- and the Department’s response. that are not in close proximity to an active priate. The purpose of providing the Sec- The Senate bill contains no comparable duty military station. retary with this authority is to ensure the provision. There was no comparable House provision. capability, should it be required, to maxi- The Compromise Agreement contains the The Compromise Agreement contains the mize the number of voluntary enrollees in- House provision. Senate provision, but would give VA 180 days sured under the dental program so as to re- Increase in Amount Available to Disabled Vet- to implement the pilot program. duce premium expenditures. erans for Improvements and Structural Al- Specialized Residential Care and Rehabilitation Prohibition on Collection of Copayments from terations Furnished as Part of Home Health for Certain Veterans (section 507) Veterans who are Catastrophically Disabled Services (section 516) The Senate bill contains a provision (sec- (section 511) H.R. 1293 contains a provision that would tion 509) that would authorize VA to con- The Senate bill contains a provision (sec- increase, from $4,100 to $6,800, the amount tract for specialized residential care and re- tion 515) that would add a new section 1730A authorized to be paid to veterans who have habilitation services for certain veterans. El- in title 38, United States Code, to prohibit service-connected disabilities rated 50 per- igible veterans would be those who served in VA from collecting copayments from cata- cent or more disabling for home improve- OEF or OIF, suffer from a traumatic brain strophically disabled veterans for medical ments and structural alterations. The provi- injury (TBI), and possess an accumulation of services rendered, including prescription sion would also increase from $1,200 to $2,000, deficits in activities of daily living and in- drug and nursing home care copayments. the amount authorized to be paid to veterans strumental activities of daily living that H.R. 3219 contains the same provision (sec- with service-connected disabilities rated less would otherwise require admission to a nurs- tion 203). than 50 percent disabling. ing home. The Compromise Agreement contains this The Senate bill contains no comparable There was no comparable House provision. provision. provision. The Compromise Agreement contains the The Compromise Agreement contains the Senate provision. Higher Priority Status for Certain Veterans Who House provision. Are Medal of Honor Recipients (section 512) Expanded Study on the Health Impact of Extension of Statutorily Defined Copayments Project Shipboard Hazard and Defense (sec- H.R. 3519 contains a provision (section 201) for Certain Veterans for Hospital Care and tion 508) that would amend section 1705 of title 38, Nursing Home Care (section 517) United States Code, to place Medal of Honor The Senate bill contains a provision (sec- recipients in priority group 3 for the pur- Under current law, VA has the authority tion 510) that would require VA to contract poses of receiving health care through VA. to provide hospital and nursing home care on with the Institute of Medicine (IOM) to This would situate Medal of Honor recipients a space available basis to veterans who do study the health impact of veterans’ partici- in a priority group with former prisoners of not otherwise qualify for such care. VA is pation in Project Shipboard Hazard and De- war and Purple Heart recipients. authorized to collect from such a veteran an fense (SHAD). The study would be intended The Senate bill contains no comparable amount equal to $10 for every day that a vet- to cover, to the extent practicable, all vet- provision. eran receives hospital care, and $5 for every erans who participated in Project SHAD and The Compromise Agreement contains the day a veteran receives nursing home care. may utilize results from the study included House provision. This authority expires on September 30, 2010. in IOM’s report on ‘‘Long-Term Health Ef- Neither the House nor Senate bills contain fects of Participation in Project SHAD.’’ Hospital Care, Medical Services, and Nursing a provision to extend this authority. There was no comparable House provision. Home Care for Certain Vietnam-Era Vet- The Compromise Agreement contains a The Compromise Agreement contains the erans Exposed to Herbicide and Veterans of provision which would extend the statutorily Senate provision. the Persian Gulf War (section 513) defined copayments for certain veterans for Use of Non-Department Facilities for Rehabili- H.R. 3219 contains a provision (section 202) hospital care and nursing home care to Sep- tation of Individuals with Traumatic Brain that would amend section 1710 of title 38, tember 30, 2012. Injury (section 509) United States Code, to provide permanent Extension of Authority To Recover Cost of Cer- authorization for the special treatment au- The Senate bill contains a provision (sec- tain Care and Services From Disabled Vet- thority of Vietnam-era veterans exposed to tion 511) that would clarify when non-VA fa- erans With Health-Plan Contracts (section an herbicide and Gulf-War era veterans who cilities may be utilized to provide treatment 518) have insufficient medical evidence to estab- and rehabilitative services for veterans and Under current law, VA is authorized to relish a service-connected disability. members of the Armed Forces with TBI. Spe- cover the costs associated with medical care The Senate bill contains no comparable cifically, the provision would allow non-VA provided to a veteran for a non-service-con- provision. facilities to be used when VA cannot provide nected disability if, among other eligibility The Compromise Agreement contains the treatment or services at the frequency or du- criteria, the veteran receives such care be- House provision. ration required by the individual plan of the fore October 1, 2010, the veteran has a serv- veteran or servicemember with TBI. The pro- Establishment of Director of Physician Assistant ice-connected disability, and the veteran is vision also would allow the use of non-VA fa- Services in Veterans Health Administration entitled to benefits for health care under a cilities if VA determines that it is optimal (section 514) health-plan contract. for the recovery and rehabilitation of the H.R. 3219 contains a provision (section 204) Neither the House nor Senate bills contain veteran or servicemember. Such non-VA fa- that would create the position of Director of a provision to extend this authority.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2571 The Compromise Agreement contains a vide VA with the authority to waive salary that meet at least one but not all of the provision which would extend the authority offsets for retirees who are reemployed in transitional and supportive services criteria to recover the cost of such care and services the Veterans Health Administration. and serve a population that is less than 75 from disabled veterans with health-plan con- Limitations on Overtime Duty, Weekend Duty, percent veterans. tracts to October 1, 2012. and Alternative Work Schedules for Nurses The Senate bill contains no comparable TITLE VI—DEPARTMENT PERSONNEL MATTERS (section 602) provision. The Compromise Agreement contains the Enhancement of Authorities for Retention of The Senate bill contains a provision (sec- House provision, but does not require the Medical Professionals (section 601) tion 602) that would prohibit VA from requir- minimum amount of $60 per bed, per day for The Senate bill contains provisions (sec- ing nurses to work more than 40 hours in an the Grant and Per Diem program. In addition 601) intended to improve VA’s ability to administrative work week or more than 8 tion, VA would be authorized but not re- recruit and retain health professionals. hours consecutively, except under unantici- quired to award the per diem grants to non- First, VA would be given the authority to pated emergency conditions in which the profit organizations meeting some but not apply the title 38 hybrid employment system nurses’ skills are necessary and good faith all of the criteria for the receipt of such pay- to additional health care occupations to efforts to find voluntary replacements have ments. meet the recruitment and retention needs of failed. The provision also would strike sub- TITLE VIII—NONPROFIT RESEARCH AND VA. Next, the probationary period for full- section 7456(c) of title 38, United States Code, EDUCATION CORPORATIONS time and part-time registered nurses would which provides that nurses on approved sick be set at two years; part-time registered or annual leave during a 12-hour work shift General Authorities on Establishment of Cor- nurses who served previously on a full-time shall be charged at a rate of five hours of porations (section 801) basis would not be subject to a probationary leave per three hours of absence. Finally, for H.R. 2770 contains a provision (section 2) period. In addition, VA would be authorized recruitment and retention purposes, VA that would authorize Nonprofit Research and to waive the salary offset where the salary of would be authorized to consider a nurse who Education Corporations (NPCs) to merge, an employee rehired after retirement from has worked 6 regularly scheduled 12-hour thereby creating multi-medical center re- the Veterans Health Administration is rework shifts within a 14-day period to have search corporations. duced according to the amount of their an- worked a full 80-hour pay period. The Senate bill contains the same provi- nuity under a federal government retirement H.R. 919 contains the same provision (sec- sion (section 801). system. tion 3). The Compromise Agreement contains this Section 601 also would provide for a num- The Compromise Agreement contains this provision. ber of new or expanded pay authorities, in- provision. Clarification of Purposes of Corporations (sec- cluding setting the pay for all senior execu- Reauthorization of Health Professionals Edu- tion 802) tives in the Office of the Under Secretary for cational Assistance Scholarship Program H.R. 2770 contains a provision (section 3) Health at Level II or Level III of the Execu- (section 603) that would clarify the purpose of NPCs to in- tive Schedule; authorizing recruitment and clude specific reference to their role as fund- retention special incentive pay for phar- H.R. 919 contains a provision (section 4) that would reinstate the Health Profes- ing mechanisms for approved research and macist executives of up to $40,000; amending education, in addition to their role in facili- the pay provisions of physicians and dentists sionals Educational Assistance Scholarship Program. Section 2 of H.R. 4166 contains a tating research and education. by clarifying the determination of the non- The Senate bill contains the same provi- similar provision which would also direct VA foreign cost of living adjustment, exempting sion (section 802). physicians and dentists in executive leader- to fully employ program graduates as soon The Compromise Agreement contains this ship positions from compensation panels, as possible following their graduation, re- provision. quire graduates to perform clinical rotations and allowing for a reduction in market pay Modification of Requirements for Boards of Di- for changes in board certification or a reduc- in assignments or locations determined by VA, and assign a mentor to graduates in the rectors of Corporations (section 803) tion of privileges; modifying the pay cap for The Senate bill contains a provision (sec- registered nurses and other covered positions same facility in which they are serving. The Senate bill contains a similar provi- tion 803) that would require that a minimum to Level IV of the Executive Schedule; allow- of two members of the Board of Directors of ing the pay for certified registered nurse an- sion but did not include the requirement to fully employ graduates as soon as possible. an NPC be other-than-federal employees. Ad- esthetists to exceed the pay caps for reg- ditionally, the provision would allow for the istered nurses; increasing the limitation on The Compromise Agreement contains the provision from section 2 of H.R. 4166. appointment of individuals with expertise in special pay for nurse executives from $25,000 legal, financial, or business matters. The Loan Repayment Program for Clinical Re- to $100,000; adding licensed practical nurses, provision also would conform the law relat- searchers From Disadvantaged Backgrounds licensed vocational nurses, and nursing posi- ing to NPCs to other federal conflict of inter- (section 604) tions covered by title 5 to the list of occupa- est regulations by removing the requirement tions that are exempt from the limitations H.R. 919 (section 4) and H.R. 4166 (section 4) that members of the NPC boards have no fi- on increases in rates of basic pay; and ex- contain identical provisions that would nancial relationship with any entity that is panding the eligibility for additional pre- allow VA to utilize the authorities available a source of funding for research or education mium pay to part-time nurses. Finally, sec- in the Public Health Service Act for the re- by VA. tion 601 would improve VA’s locality pay payment of the principal and interest of edu- H.R. 2770 contains a comparable provision system by requiring VA to provide educational loans of health professionals from (section 4), but provides that the executive cation, training, and support to the directors disadvantaged backgrounds in order to em- director of the corporation may be a VA em- of VA health care facilities on the use of lo- ploy such professionals in the Veterans ployee. cality pay system surveys. Health Administration to conduct clinical The Compromise Agreement contains the H.R. 919 contains a comparable provision research. House provision, with a modification which (section 2) which would not, in contrast to The Senate bill contains the same provi- removes the provision allowing VA employ- the Senate bill, restrict VA from applying sion (section 603). ees to serve as executive directors. hybrid title 38 status to positions that are The Compromise Agreement contains this Clarification of Powers of Corporations (section administrative, clerical or physical plant provision. 804) maintenance and protective services, would TITLE VII—HOMELESS VETERANS MATTERS otherwise be included under the authority of H.R. 2770 contains a provision (section 5) section 5332 of title 5, United States Code; do Per Diem Grant Payments (section 701) that would clarify the NPCs’ authority to ac- not provide direct patient care services, or H.R. 3796 contains a provision that would cept, administer, and transfer funds for var- would otherwise be available to provide med- authorize VA to make per diem payments to ious purposes. NPCs would be allowed to ical care and treatment for veterans. The organizations assisting homeless veterans in enter into contracts and set fees for the edu- House provision also would not place restric- an amount equal to the greater of the daily cation and training facilitated through the tions on the categories of part-time nurses cost of care or $60 per bed, per day. The pro- corporation. for whom the probationary period would be vision would also require VA to ensure that The Senate bill contains the same provi- waived. The House section contains an addi- 25 percent of the funds available for per diem sion (section 804). tional provision which would provide com- payments are distributed to organizations The Compromise Agreement contains this parability pay up to $100,000 per year to all that meet some but not all of the criteria for provision. individuals appointed by the Under Sec- the receipt of per diem payments. These Redesignation of Section 7364A of Title 38, retary for Health under the authority of sec- would include (in order of priority) organiza- United States Code (section 805) tion 7306 of title 38, United States Code, who tions that meet each of the transitional and H.R. 2770 contains a provision (section 6) are not physicians or dentists and who would supportive services criteria and serve a popu- that would provide clerical amendments as- be compensated at a higher rate in the pri- lation that is less than 75 percent veterans; sociated with implementing this legislation vate sector. organizations that meet at least one but not concerning Nonprofit Research and Edu- The Compromise Agreement contains the all of the transitional and supportive serv- cation Corporations. Senate provision, modified to eliminate the ices criteria, but have a population that is at The Senate bill contains the same provi- provision of the Senate bill that would pro- least 75 percent veterans; or organizations sion (section 805).

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2572 CONGRESSIONAL RECORD — SENATE April 22, 2010 The Compromise Agreement contains this thority to conduct investigations on and off I had hoped that the House of Rep- provision. VA property of offenses that may have been resentatives would make some signifi- Improved Accountability and Oversight of Cor- committed on VA property, expanded au- cant improvements to the legislation porations (section 806) thority to enforce local and State traffic reg- over the Senate. Sadly, they did not. ulations when such authority has been The Senate bill contains a provision (sec- granted by local or State law, and to make The legislation that the Senate will tion 806) that would strengthen VA’s over- arrests based upon an arrest warrant issued consider still unfairly discriminates sight of NPCs by requiring those NPCs with by any competent judicial authority. against severely disabled veterans from revenues of over $10,000 to obtain an inde- There was no comparable House provision. wars and combat prior to September 11, pendent audit once every three years, or The Compromise Agreement contains the 2001. with revenues of over $300,000 to obtain such Senate provision. Many of these brave men and women an audit each year, and to submit certain In- Uniform Allowance for Department of Veterans have needed the assistance of care- ternal Revenue Service forms. Affairs Police Officers (section 1002) H.R. 2770 contains a comparable provision givers for decades and have done so The Senate bill contains a provision (sec- (section 7), but would instead raise to without help from the Department of tion 1002) that would modify VA’s authority $100,000 the threshold for requiring three- Veterans Affairs. Many of these vet- to pay an allowance to VA police officers for year audits and to $500,000 the revenue purchasing uniforms. The provision would erans were not the beneficiary of re- threshold that would require yearly audits. provide a uniform allowance in an amount cent advancements in military medical The provision also would revise conflict of which is the lesser of the amount prescribed care. The caregivers of these veterans interest policies to apply to the policies by the Office of Personnel Management or will be left out of this benefits pack- adopted by the corporation. the actual or estimated cost as determined age. The Compromise Agreement contains the by periodic surveys conducted by VA. House provision. There are currently 35,000 veterans There was no comparable House provision. receiving aid and attendance benefits TITLE IX—CONSTRUCTION AND NAMING MATTERS The Compromise Agreement contains the from the Department of Veterans Af- Senate provision. Authorization of Medical Facility Projects (sec- fairs, which is approximately the num- Submission of Reports to Congress by Secretary tion 901) ber of veterans in need of caregiver as- The Senate bill contains a provision (sec- of Veterans Affairs in Electronic Form (section 1003) sistance. Out of this population, tion 901) that would authorize funds for the around 2,000 veterans received their in- following major medical facility projects in Under current law, there is no requirement FY 2010: Livermore, California; Walla Walla, for VA to submit Congressionally mandated juries after September 11 and would Washington; Louisville, Kentucky; Dallas, reports in an electronic form. qualify for extra caregiver assistance Texas; St. Louis, Missouri; Denver, Colorado Neither the House nor Senate bills con- in this bill. and Bay Pines, Florida. tained a provision to change this procedure. Caregivers for almost 95 percent of There was no comparable House provision. The Compromise Agreement contains a severely disabled veterans from combat The Compromise Agreement contains the provision which would create a new section would not receive the level of caregiver 118 in title 38, United States Code, which Senate provision, but strikes the authoriza- assistance afforded to those veterans tion for the construction project in Walla would require VA to submit reports to Con- gress, or any Committee thereof, in elec- who were injured after September 11, Walla, Washington, since authorization for 2001. When I offered an amendment this construction project was provided in tronic format. Reports would be defined to Public Law 111–98, enacted on November 11, include any certification, notification, or that would provide equivalent care- 2009. other communication in writing. giver benefits for all severely disabled Determination of Budgetary Effects for Pur- Designation of Merrill Lundman Department of veterans of all wars, the Senate sum- poses of Compliance with Statutory Pay-As- Veterans Affairs Outpatient Clinic, Havre, marily rejected that idea. You-Go-Act of 2010 (section 1004) Montana (section 902) Unfortunately the House of Rep- Neither the Senate nor House bills contain resentatives also ignored the danger The Senate bill contains a provision (sec- a provision relating to compliance with the tion 903) that would name VA outpatient that our massive debt poses to our Na- Statutory Pay-As-You-Go-Act of 2010, Title I tion and did not eliminate or reduce clinic in Havre, Montana, as the ‘‘Merrill of P.L. 111–139, 124 Stat. 8. Lundman Department of Veterans Affairs The Compromise Agreement contains a any current programs in the Federal Outpatient Clinic.’’ procedural provision to require the deter- budget to pay for this legislation. The There was no comparable House provision. mination of the budgetary effects of provi- bill is not paid for by trimming any The Compromise Agreement contains the sions contained in the Compromise Agree- wasteful, duplicative, obsolete, or Senate provision. ment to be based upon the statement jointly lower priority Federal programs. Designation of William C. Tallent Department entered into the Congressional Record by the The Congressional Budget Office esti- of Veterans Affairs Outpatient Clinic, Chairmen of the Committees on the Budget mates that the bill will cost $3.6 billion Knoxville, Tennessee (section 903) of the Senate and the House of Representa- over 5 years, which is slightly less than In the House, H.R. 402 contains a provision tives. the version the Senate passed. The that would name the VA outpatient clinic in Mr. COBURN. Madam President, our Senate also rejected my attempt to pay Knoxville, Tennessee as the ‘‘William C. Nation has been at war for nearly a for this legislation out of the fraud, Tallent Department of Veterans Affairs Out- decade now in Afghanistan and nearly waste, and abuse of taxpayer dollars patient Clinic.’’ as long in Iraq and we owe a huge debt The Senate bill contains no comparable that we send each year to the United provision. of gratitude to the men and women Nations. The Compromise Agreement contains the who have fought on the front lines as Instead the Congress has decided, as House provision. well as to their families who have sac- it always does, to pass the debt onto Designation of Max J. Beilke Department of rificed so much. our children and grandchildren, rather Veterans Affairs Outpatient Clinic, Alexan- The Senate is considering S. 1963, the than bear the cost and sacrifice today dria, Minnesota (section 904) Caregivers and Veterans Omnibus as our veterans have done. In the House, H.R. 3157 contains a provi- Health Services Act of 2009. While I I fear that if we do not start paying sion that would name the VA outpatient will support its passage, I believe this for new spending then the sacrifice clinic in Alexandria, Minnesota as the ‘‘Max legislation represents a significant fail- made by our veterans for future gen- J. Beilke Department of Veterans Affairs ure of Congress to uphold the responsi- erations will have been in vain. At Outpatient Clinic.’’ bility entrusted to us by the citizens of some point, the debt we are incurring The Senate bill contains no comparable this Nation and our obligation to mili- today must be paid for and when that provision. The Compromise Agreement contains the tary families and taxpayers. day comes, the promises we are making House provision. While there will be self-congratu- to veterans, caregivers, and others will lating press releases from Members of no longer be affordable because Con- TITLE X—OTHER MATTERS Congress and some Veteran Service Or- gress refused to be responsible by being Expansion of Authority for Department of Vet- ganization lauding the bill’s passage, I erans Affairs Police Officers (section 1001) fiscally responsible by trimming lower believe the shortcomings of this legis- priority spending. The Senate bill contains a provision (sec- lation—discriminating against most When the Senate first considered this tion 1001) that would provide additional authorities to VA uniformed police officers, in- veterans and adding billions of dollars legislation last fall, some of the pro- cluding the authority to carry a VA-issued to our national debt—represent a fail- ponents of the Caregivers and Veterans weapon in an official capacity when off VA ure of leadership and lack of responsi- Omnibus Health Services Act at- property and in official travel status, the au- bility. tempted to rebut my facts about our

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2573 growing national debt by saying that SECTION 1. ADDITIONAL TEMPORARY EXTEN- (1) designates April 23, 2010, as ‘‘National the bill does not actually appropriate SION OF AUTHORIZATION OF PRO- Adopt A Library Day’’; GRAMS UNDER THE SMALL BUSI- any money for these programs. (2) honors the organizations that facilitate NESS ACT AND THE SMALL BUSI- donations to schools and libraries; In a technical sense, they are correct. NESS INVESTMENT ACT OF 1958. (3) urges all people of the United States (a) IN GENERAL.—Section 1 of the Act enti- I suspect that these same proponents who own unused books to donate the unused tled ‘‘An Act to extend temporarily certain will issue statements celebrating its books to local libraries; authorities of the Small Business Adminis- passage, which will disappoint any (4) strongly supports children and families tration’’, approved October 10, 2006 (Public caregiver of a disabled veteran expect- who take advantage of the resources pro- Law 109–316; 120 Stat. 1742), as most recently vided by schools and libraries; and ing the promised assistance soon. amended by section 1 of Public Law 111–136 (5) encourages the people of the United No caregiver will be helped unless the (124 Stat. 6), is amended by striking ‘‘April States to observe the day with appropriate appropriations committee allocates the 30, 2010’’ each place it appears and inserting ceremonies and activities. funding for this new program author- ‘‘July 31, 2010’’. ized in this bill. (b) EFFECTIVE DATE.—The amendments f Until then, this bill is an empty made by subsection (a) shall take effect on NATIONAL SHAKEN BABY promise to veterans and benefits no April 29, 2010. SYNDROME AWARENESS WEEK one except perhaps the career politi- f Mr. DORGAN. Madam President, I cians who will claim credit for doing NATIONAL ADOPT A LIBRARY DAY ask unanimous consent the Senate pro- something to help veterans without ceed to the immediate consideration of Mr. DORGAN. Madam President, I really having to make any difficult S. Res. 497, submitted earlier today. ask unanimous consent the Senate pro- choices. The PRESIDING OFFICER. The ceed to the immediate consideration of We owe an enormous sacrifice to our clerk will report the resolution by S. Res. 496, submitted earlier today. veterans who fought and died in our de- title. The PRESIDING OFFICER. The fense. This debt, which was incurred on The assistant legislative clerk read clerk will report the resolution by a battlefield far from home, should be as follows: borne by this generation so that we entitle. The assistant legislative clerk read A resolution (S. Res. 497) designating the sure that the future they fought to se- third week of April, 2010 as ‘‘National Shak- cure for our children and grandchildren as follows: en Baby Syndrome Awareness Week.’’ is not threatened by our own fiscal ir- A bill (S. Res. 496) designating April 23, There being no objection, the Senate 2010, as ‘‘National Adopt A Library Day.’’ responsibility and shortsightedness. proceeded to consider the resolution. Congress has once again failed tax- There being no objection, the Senate Mr. DORGAN. I ask unanimous con- payers, veterans, and their families proceeded to consider the resolution. sent the resolution be agreed to, the today. Mr. DORGAN. I ask unanimous con- preamble be agreed to, the motions to Mr. DORGAN. I ask unanimous consent the resolution be agreed to, the reconsider be laid upon the table, with sent the Senate concur in the House preamble be agreed to, the motions to no intervening action or debate, and amendment; that the motion to recon- reconsider be laid upon the table with any statements be printed in the sider be laid upon the table with no inno intervening action or debate, and RECORD. tervening action or debate, and any any statements be printed in the The PRESIDING OFFICER. Without statements relating to the bill be RECORD as if read. objection, it is so ordered. printed in the RECORD. The PRESIDING OFFICER. Without The resolution (S. Res. 497) was The PRESIDING OFFICER. Without objection, it is so ordered. agreed to. objection, it is so ordered. The resolution (S. Res. 496) was The preamble was agreed to. agreed to. f The resolution, with its preamble, The preamble was agreed to. reads as follows: TEMPORARY EXTENSION OF The resolution, with its preamble, S. RES. 497 reads as follows: SMALL BUSINESS PROGRAMS Whereas the month of April has been des- Mr. DORGAN. Madam President, I S. RES. 496 ignated ‘‘National Child Abuse Prevention ask unanimous consent that the Sen- Whereas libraries are an essential part of Month’’ as an annual tradition initiated in ate proceed to the immediate consider- the communities and the national system of 1979 by President Jimmy Carter; education in the United States; Whereas the National Child Abuse and Ne- ation of S. 3253, introduced earlier Whereas the people of the United States glect Data System reports that 772,000 chil- today. benefit significantly from libraries that dren were victims of abuse and neglect in the The PRESIDING OFFICER. The serve as an open place for people of all ages United States in 2008, causing unspeakable clerk will report the bill by title. and backgrounds to make use of books and pain and suffering for our most vulnerable The assistant legislative clerk read other resources that offer pathways to learn- citizens; as follows: ing, self-discovery, and the pursuit of knowl- Whereas approximately 95,000 of those chil- edge; dren were younger than 1 year old; A bill (S. 3253) to provide for additional Whereas the libraries of the United States Whereas more than 4 children die each day temporary extension of programs under the depend on the generous donations and sup- in the United States as a result of abuse or Small Business Act and the Small Business port of individuals and groups to ensure that neglect; Investment Act of 1958, and for other pur- people who are unable to purchase books Whereas children younger than 1 year old poses. still have access to a wide variety of re- accounted for over 40 percent of all child There being no objection, the Senate sources; abuse and neglect fatalities in 2008, and chil- proceeded to consider the bill. Whereas certain nonprofit organizations dren younger than 4 years old accounted for Mr. DORGAN. I ask unanimous con- facilitate the donation of books to schools nearly 80 percent of all child abuse and ne- sent the bill be read three times and and libraries across the United States— glect fatalities in 2008; passed, the motion to reconsider be (1) to extend the joys of reading to millions Whereas abusive head trauma, including laid upon the table, with no inter- of people of the United States; and the trauma known as Shaken Baby Syn- (2) to prevent used books from being drome, is recognized as the leading cause of vening action or debate, and any state- thrown away; death among physically abused children; ments be printed in the RECORD as if Whereas, as of the date of agreement to Whereas Shaken Baby Syndrome can re- read. this resolution, the libraries of the United sult in loss of vision, brain damage, paral- The PRESIDING OFFICER. Without States have provided valuable resources to ysis, seizures, or death; objection, it is so ordered. individuals affected by the economic crisis Whereas medical professionals believe that The bill (S. 3253) was ordered to be by encouraging continued education and job thousands of additional cases of Shaken engrossed for a third reading, was read training; and Baby Syndrome and other forms of abusive the third time, and passed, as follows: Whereas several States that recognize the head trauma are being misdiagnosed or left importance of libraries and reading have undetected; S. 3253 adopted resolutions commemorating April 23 Whereas Shaken Baby Syndrome often re- Be it enacted by the Senate and House of Rep- as ‘‘Adopt A Library Day’’: Now, therefore, sults in permanent and irreparable brain resentatives of the United States of America in be it damage or death of the infant and may re- Congress assembled, Resolved, That the Senate— sult in extraordinary costs for medical care

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Whereas prevention programs have dem- Vice Adm. Robert J. Papp, Jr. This happens every day for smaller onstrated that educating new parents about The following named officer for appoint- companies. It becomes a bit more com- the danger of shaking young children and ment as Vice Commandant of the United plicated, sometimes a great deal more how to protect their children from injury States Coast Guard and to the grade indi- complicated, when the corporations get can significantly reduce the number of cases cated under title 14, U.S.C., Section 47: of Shaken Baby Syndrome; bigger and bigger and bigger. The way Whereas education programs raise aware- To be vice admiral our corporations are normally dis- ness and provide critically important infor- Rear Adm. Sally Brice-O’Hara solved, if they are financially insolvent mation about Shaken Baby Syndrome to The following named officer for appoint- and cannot operate, has always been parents, caregivers, childcare providers, ment as Commander, Pacific Area of the bankruptcy court. child protection employees, law enforcement United States Coast Guard and to the grade There are bankruptcy judges all over personnel, health care professionals, and indicated under title 14, U.S.C., section 50: America. It is a Federal court system. legal representatives; To be vice admiral Bankruptcy is referred to in the U.S. Whereas National Shaken Baby Syndrome Constitution. It has worked very well. Awareness Week and efforts to prevent child Rear Adm. Manson K. Brown abuse, including Shaken Baby Syndrome, are The following named officer for appoint- I guess what I am concerned about is, supported by groups across the United ment as Commander, Atlantic Area of the some of the provisions that are in the States, including groups formed by parents United States Coast Guard and to the grade proposed legislation that is floating and relatives of children who have been in- indicated under title 14, U.S.C., section 50: about would alter that traditional idea jured or killed by shaking, whose mission is To be vice admiral in ways that may be unwise. to educate the general public and profes- Rear Adm. Robert C. Parker Senator LEAHY, the chairman of the sionals about Shaken Baby Syndrome and to Judiciary Committee, I am the ranking increase support for victims and their fami- f Republican on that committee, and I lies within the health care and criminal justice systems; LEGISLATIVE SESSION have talked about this a little bit. It is Whereas 20 States have enacted legislation Mr. DORGAN. I ask unanimous con- getting to a point where we need to fig- related to preventing and increasing aware- sent that the Senate resume legislative ure out what is happening here. The ness of Shaken Baby Syndrome; session. matter is highlighted by a letter from Whereas the Senate has designated the The PRESIDING OFFICER. Without the Judicial Conference of the United third week of April as ‘‘National Shaken objection, it is so ordered. States—Mr. James Duff, the Presiding Baby Syndrome Awareness Week’’ each year Secretary, of the Judicial Conference since 2005; and f of the United States. Chairman LEAHY Whereas the Senate strongly supports efforts to protect children from abuse and ne- APPOINTMENTS asked them their opinions on some of the proposals for dissolution of compa- glect: Now, therefore, be it The PRESIDING OFFICER. The nies, the orderly liquidation of compa- Resolved, That the Senate— Chair, on behalf of the majority leader, nies. (1) designates the third week of April 2010 pursuant to Public Law 111–148, ap- as ‘‘National Shaken Baby Syndrome Aware- The Judicial Conference responded in points the following individuals to ness Week’’; a letter that was received by Senator serve as members of the Commission (2) commends hospitals, childcare councils, LEAHY, and I do believe it raises impor- on Key National Indicators: Dr. Ikram schools, community groups, and other orga- tant questions. I truly do. I am a per- nizations that are— Khan of Nevada (for a term of 3 years) son who spent a lot of time practicing (A) working to increase awareness of the and Dr. Dean Ornish of California (for a law, both as U.S. attorney and in pri- danger of shaking young children; term of 2 years). (B) educating parents and caregivers on vate practice in Federal court, and how they can help protect children from in- f have some appreciation for how bank- juries caused by abusive shaking; and MORNING BUSINESS ruptcy courts operate. I would say, we (C) helping families cope effectively with ought to pay attention to what the Ju- the challenges of child-rearing and other Mr. DORGAN. I ask unanimous con- dicial Conference says to us. It is a stresses in their lives; and sent that the Senate proceed to a pe- kind of correspondence they take seri- (3) encourages the people of the United riod of morning business, with Sen- ously. They do not lightly send off let- States— ators permitted to speak therein for up (A) to remember the victims of Shaken ters to the Senate. This was in re- to 10 minutes each. sponse to a question. So this is what Baby Syndrome; and The PRESIDING OFFICER. Without (B) to participate in educational programs Mr. Duff replies on behalf of the Judi- to help prevent Shaken Baby Syndrome. objection, it is so ordered. cial Conference, in reply to Senator Mr. DORGAN. Let me ask, if I might, f LEAHY: I know Senator MURRAY and Senator As you noted, Title II would create an ‘‘Or- EXECUTIVE SESSION SESSIONS are here. I do not know in derly Liquidation Authority Panel’’ within what order they would want to go, and the Bankruptcy Court for the District of I believe about 10 minutes each or so. Delaware for the limited purpose of ruling on EXECUTIVE CALENDAR I ask unanimous consent that Sen- petitions from the Secretary of the Treasury Mr. DORGAN. Madam President, I ator SESSIONS be recognized, followed for authorization to appoint the Federal De- ask unanimous consent that the Sen- by Senator MURRAY, and I be recog- posit Insurance Corporation (FDIC) as the receiver for a failed financial firm. ate proceed to executive session to con- nized following the presentation of sider en bloc Calendar Nos. 790, 791, 792, Senator MURRAY. Then it goes on to say: and 793; that the nominations be con- The PRESIDING OFFICER. Without This is a substantial change to the bank- firmed en bloc; the motions to recon- objection, it is so ordered. ruptcy law because it would create a new The Senator from Alabama. structure within the bankruptcy courts and sider be laid upon the table en bloc; remove a class of cases from the jurisdiction that no further motions be in order; f of the Bankruptcy Code. The legislation, by that any statements related to the assigning to the FDIC the responsibility for nominations be printed in the RECORD; FINANCIAL REGULATORY REFORM resolving the affairs of an insolvent firm, ap- and that the President be immediately Mr. SESSIONS. Madam President, we pears to provide a substitute for a bank- notified of the Senate’s action. are talking about financial reform. ruptcy proceeding. The PRESIDING OFFICER. Without There is a lot of attention and a lot of You see, when people loan money to objection, it is so ordered. the Members of the Senate are trying a corporation, people buy stock in a

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2575 corporation, they buy bonds of a cor- to ensure that court facilities are readily ac- by this new change, this unexpected poration or otherwise loan them cessible to litigants and other participants change in the law. We should allow money, they have an expectation that in the judicial process. classical procedures to work. If we need if that company fails to prosper and Under the current proposal all of to improve them and make some spe- pay what they owe, that company at these cases are going to be tried in cial provisions for dissolution of cor- least will be hauled into bankruptcy Delaware. I do not know if we have porations to help bankruptcy judges do court and they will have an oppor- enough judges in Delaware. the job better, I would certainly favor tunity to present their claims and to They go on to say this: that. That would allow us to function receive whatever fair proportion of the With respect to the limited review [that in a lawful way, a principled way, and money that is still left in the company means appellate] to be conducted by the not allow people to meet in private and as their payment. panel created in section 202, [of the proposed secret, as we have seen happened re- It may be 10 cents on a dollar, it may legislation] we note that the authority may cently, and dissolve their cases in a be 90 cents on a dollar or whatever you exceed what is constitutionally permitted to matter that is not open and free to the a non-Article III entity. get. They understand that bankruptcy entire public, as would happen in bank- judges have the authority to try to What does that mean? That means ruptcy court. allow the company to continue to oper- some of these powers are judicial pow- I ask unanimous consent to have ate, to stay or stop people from filing ers given only to Federal district printed in the RECORD the letter from lawsuits against the company and col- courts presided over by senatorially the Judicial Conference. There being no objection, the mate- lecting debts, to allow the company a confirmed, presidentially-appointed, rial was ordered to be printed in the while to see if they cannot pay off lifetime Federal judges. We can’t just RECORD, as follows: more debtors by continuing to operate give them off to somebody else to de- than shutting them down. cide. It is just not constitutional. We JUDICIAL CONFERENCE don’t have the powers in the Congress, OF THE UNITED STATES, But if they see the company is so Washington, DC, April 12, 2010. badly in financial crisis that it is going or the President doesn’t have the powers to take over judicial roles. Hon. PATRICK J. LEAHY, to collapse anyway, they come in and Chairman, Committee on the Judiciary, U.S. shut it down before they can rip off They continue: Senate, Washington, DC. more people. So that is what bank- A previous statute was held unconstitu- DEAR MR. CHAIRMAN: I am writing in re- ruptcy courts do every day. So this let- tional because it conferred on the bank- sponse to your letter of March 25, 2010, seek- ruptcy courts the authority to decide mat- ing the views of the Judiciary with regard to ter indicates that by assigning the ters reserved for Article III courts. provisions relating to bankruptcy that are FDIC responsibility for resolving these contained in the financial regulation bill re- affairs, it provides a substitute for It goes on to talk about that. Let me tell my colleagues what CEOs cently approved by the Senate Committee on bankruptcy, which is denying the law- Banking, Housing, and Urban Affairs. We ap- ful expectations of people who loan don’t like. Do we want to be tough on preciate your soliciting the views of the money to or bought stock in these cor- CEOs? I will give some suggestions. courts on this matter. You identified several porations. If they can’t run their companies and of the issues that are of concern to the They go on to say: they can’t pay their bondholders, can’t courts, and I will address each of those. pay their debtors, their stock has be- As you noted, Title II would create an ‘‘Or- We note, however, that the legislation will come worthless. People invested in derly Liquidation Authority Panel’’ within result in the transition of at least some the Bankruptcy Court for the District of bankruptcy cases to FDIC receivership in their companies believing they were le- Delaware for the limited purpose of ruling on situations where a firm is already in bank- gitimate, believing the representations petitions from the Secretary of the Treasury ruptcy, either voluntarily or involuntarily. of their financial condition, and it for authorization to appoint the Federal De- In other words, it appears that legis- turned out to be false. They do not posit Insurance Corporation (FDIC) as the lation would allow a case to be taken want to be in a court where they raise receiver for a failing financial firm. This is a substantial change to bankruptcy law be- out of bankruptcy that was already in their hands and have to give testimony under oath. They don’t want to be in cause it would create a new structure within the bankruptcy court. the bankruptcy courts and remove a class of It goes on to say: that position. cases from the jurisdiction of the Bank- The legislation does not envision objec- The way the law has been thought of ruptcy Code. The legislation, by assigning to tion, participation, or input from the bank- and is worked out to handle these cases the FDIC the responsibility for resolving the ruptcy creditors (whose rights will be af- is to have a Federal bankruptcy judge affairs of an insolvent firm, appears to pro- fected) in the course of appointing the FDIC preside over this process. There are vide a substitute for a bankruptcy pro- as receiver. Indeed, the legislation deals in a bankruptcy rules about what the judge ceeding. The Judicial Conference has not sealed manner; [secret manner, apparently] can and cannot do. Each entity that adopted a position with regard to the re- only the Secretary and the affected financial has an interest in the matter can have moval from bankruptcy court jurisdiction of the class of financial firms identified in this firm would be noticed and given the oppor- lawyers. The stockholders can have tunity of a hearing. legislation. lawyers. The bondholders can have law- We note, however, that the legislation will That will have major impacts on a yers. The creditors can have lawyers. result in the transition of at least some stockholder or bondholder or a creditor The workers can have lawyers. The em- bankruptcy cases to FDIC receivership in of a corporation. The FDIC is going to ployees can have lawyers. The guys situations where a firm is already in bank- meet with this big company, this big have to come in under oath. They have ruptcy, either voluntarily or involuntarily. bank, and work out a deal and not even Section 203(c)(4)(A) provides that a pending to bring their financial statements. If bankruptcy case would be evidence of a tell the people who loaned the corpora- they lie, they go to jail for perjury. tion money in good faith and have cer- firm’s financial status for purposes of trig- This is a powerful thing. A lot of these gering the Treasury Secretary’s authority to tain legal rights, at least they always big wheels don’t want to subject them- seek to appoint the FDIC as receiver. The had previously. These rights, somehow, selves to it. I would say, if we want to bill does not specify how the transition from will be extinguished or cut off. be tough on these companies, don’t cre- a bankruptcy proceeding to an administra- It goes on to say: ate some FDIC buddy group that has tive proceeding would be effected. Further, the bill does not specify the effect of the The financial position of affected creditors been supervising them and sees their may have been changed within the context of transfer on prior rulings of the court. For ex- role as trying to work with them. Have ample, would any stays or other rulings con- the firm’s bankruptcy case in such a way a real judge. that the creditors’ rights might have tinue in effect or be dissolved upon the changed dramatically. Any resulting due We can create a system where we se- transfer to the FDIC? This could be espe- process challenges would impose significant lect experienced judges, create some cially problematic if creditors have changed burdens on the courts to resolve novel issues special procedures for larger bank- position based upon rulings in the course of for which the bill provides no guidance. ruptcy cases. We should consider that. the bankruptcy proceeding. The legislation My one comment before I wrap up is, does not envision objection, participation, or They go on to say: input from the bankruptcy creditors (whose In addition, we note that petitions under we should listen to the Judicial Con- rights will be affected) in the course of ap- this title involving financial firms would be ference and recognize there is a danger pointing the FDIC as receiver. Indeed, the filed in a single judicial district. The Judi- to the rule of law to legitimate expec- legislation proposes to deal with this peti- cial Conference favors distribution of cases tations of creditors and stockholders tion in a sealed manner; only the Secretary

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Without clearer The financial position of affected creditors findings and the recommendation made pur- guidance for the studies, both agencies will may have been changed within the context of suant to section 203(a),’’ which specifies con- be required repeatedly to expend resources the firm’s bankruptcy case in such a way sideration of multiple factors (repeated in on the development of reports that may not that the creditors’ rights might have subsection (b) of that section as the basis for provide the information Congress is seeking. changed dramatically. Any resulting due the Secretary’s petition). Even with the full Thank you for seeking the views of the Ju- process challenges would impose a signifi- cooperation of the financial firm affected by diciary regarding this legislation and for cant burden on the courts to resolve novel the proceeding, which is not a predicate for your consideration of them. If we may be of issues, for which the bill provides no guid- the consideration of a petition, it would ap- assistance to you in this or any other mat- ance. pear difficult to hear and consider the evi- ter, please do not hesitate to contact our Of- In addition, we note that petitions under dence and prepare a well-reasoned opinion fice of Legislative Affairs at (202) 502–1700. this title involving financial firms would be addressing each reason supporting the deci- Sincerely, filed in a single judicial district. The Judi- sion of the panel within 24 hours. Even as- JAMES C. DUFF, cial Conference favors distribution of cases suming that factors other than the solvency Secretary. to ensure that court facilities are reasonably of the firm would be excluded from this spe- Mr. SESSIONS. I yield the floor. accessible to litigants and other participants cial panel’s review, it may well be that the The PRESIDING OFFICER. The Sen- in the judicial process. Although we are subject financial firm or one of its creditors ator from Washington. aware that a large number of companies are would seek judicial review of one of the prior Mrs. MURRAY. As we prepare to con- administrative evaluations of the statutory incorporated in Delaware, it is not clear that sider legislation that includes some of Delaware would necessarily be a convenient factors, either in the course of the hearing location for many of the affected companies, conducted by the Orderly Liquidation Au- the strongest reforms of Wall Street nor indeed the proper venue for that peti- thority Panel or in another court. Such chal- ever, it is important that we not lose tion, absent changes to title 28, United lenges would also make it difficult to meet sight of exactly what is on the line for States Code. the proposed timeline. It is possible that the the American people; that we will not We also note that the legislation requires facts of a particular case may be so clear allow complicated financial products the designation of more bankruptcy judges that a decision could be rendered within 24 and terminology to distract from the for the panel than are permanently author- hours, but the statutory requirement of such fact that this is a debate about fair- ized for Delaware under existing law. The speed seems inconsistent with the thoughtful District of Delaware is authorized one per- deliberation that would be appropriate for a ness, about family finances, and pro- manent bankruptcy judge and five tem- decision of such great significance. tecting against another economic col- porary judgeships. If Congress were to choose Although it is to be hoped that only a lapse; that we remember for Wall not to extend these judgeships or convert small number of large financial firms would Street lobbyists, this may be complex, them to permanent status, it would be im- ever become subject to this legislation, each but for the American people it is pretty possible to implement section 202’s require- of the petitions would involve large volumes simple. For them this is a debate about ment to appoint three judges to the Orderly of evidence regarding complex financial ar- whether they can walk into a bank and rangements. Thus, the legislation could re- Liquidation Authority Panel from the Dis- sign up for a mortgage or apply for a trict of Delaware. sult in a large proportion of the judicial re- With respect to the limited review to be sources of a single bankruptcy court being credit card or start a retirement plan. conducted by the panel created in section devoted exclusively to review of the Sec- Are the rules on their side when they 202, we note that the authority may exceed retary’s petitions. Further, the bill provides do that, or are they with the big banks what is constitutionally permitted to a non- that the Secretary may re-file a petition to on Wall Street? For far too long, the fi- Article III entity. A previous statute was correct deficiencies in response to an initial nancial rules of the road have favored held unconstitutional because it conferred decision, thus extending the time in which big banks and credit card companies on the bankruptcy courts the authority to the court’s resources would be diverted from and Wall Street. For far too long they decide matters that are reserved for Article other judicial business. The District of Dela- have abused those rules. Whether it III courts. Northern Pipeline Const. Co. v. ware is one of the busiest bankruptcy courts was gambling with the money in our Marathon Pipe Line Co., 458 U.S. 50 (1982). in the nation; to draw the court’s limited ju- The review of the Secretary’s decision in this dicial resources away from the fair and time- pension funds or making bets they instance appears to resemble more closely ly adjudication of those bankruptcy cases to could not cover or peddling mortgages appeals of agency decisions under the Ad- process petitions under this bill would be in- to people they knew could never pay, ministrative Procedure Act than a bank- equitable and unjust to the debtors and Wall Street made expensive choices ruptcy petition and, therefore, appears more creditors in those pending cases. If, as seems that came at the expense of working appropriate for an Article III court. More- possible given recent economic develop- families. Wall Street used its ‘‘any- over, the affirmation of the Secretary’s peti- ments, the failure of one firm weakens other thing goes’’ rules to create a situation tion to designate the Federal Deposit Insur- firms in the financial services sector, the de- where everybody else paid, and Wall ance Corporation as a receiver effectively re- mand could exceed the court’s resources. moves a case from the application of bank- This consideration alone counsels against Street created a system that put their ruptcy law. Accordingly, it seems anomalous the assignment of all such cases to a single own short-term profits before the long- to subject this petition to review by a bank- court. term interests of this country. ruptcy court. Finally, we note that both the Administra- The simple truth is, it is time to end Your letter particularly questioned wheth- tive Office of the United States Courts (AO) this system that puts Wall Street beer the time limit of 24 hours for a decision by and the Government Accountability Office fore Main Street. It is time to put fam- the panel would be sufficient or realistic. (GAO) are directed to conduct studies which ilies back in control of their own fi- The Judicial Conference has consistently op- will evaluate: (i) the effectiveness of Chapter nances. It is time to focus on making posed the imposition of time limits for judi- 7 or Chapter 11 of the Bankruptcy Code in fa- cial decisions beyond those already set forth cilitating the orderly liquidation or reorga- sure the rules protect those sitting in the Speedy Trial Act or section 1657 of nization of financial companies; (ii) ways to around the dinner table, not those sit- title 28. We appreciate that a matter affect- maximize the efficiency and effectiveness of ting around the board room table. To ing the operation of the national economy the Panel; and (iii) ways to make the orderly do that, we have to pass strong Wall warrants a prompt resolution. We note that liquidation process under the Bankruptcy Street reform that cannot be ignored. the courts, recognizing this concern, have al- Code for financial companies more effective. Those reforms, I believe, have to in- ready demonstrated an ability to move swift- With respect to those firms that are to be clude three core principles: a strong, treated under Chapters 7 and 11 of the Bank- ly in resolving bankruptcy petitions involv- independent consumer protection agen- ing large corporations with broad impact on ruptcy Code, the vagueness of, and/or lack of the national economy. In each of these in- criteria for determining ‘‘effectiveness’’ will cy; an end to taxpayer bailouts; and stances, the initial determinations were hamper the ability of the AO and GAO to tools to ensure that Americans have made by a single judge. The resulting ap- produce meaningful reports. Some would re- the financial know-how that empowers peals in some cases were also adjudicated on gard rapid payment of even small portions of them to make smart choices about an expedited basis without a statutory re- claims as an effective resolution, while oth- their own finances and helps them quirement to do so. ers would prefer a delayed payment of a avoid making the same poor decisions Requiring a panel of three judges to assem- greater share of a claim. There would also be that helped create this crisis. ble, conduct a hearing, and craft a written significant disagreements between creditors First and foremost, Wall Street needs opinion within 24 hours presents practical holding different types of secured or unse- difficulties that may be insurmountable. Al- cured claims as to the most effective resolu- a watchdog. Right now what we have is though § 202(b)(1)(A)(iii) could be read to tion of an insolvent firm. Some would argue a patchwork of Federal agencies, none limit the court’s review to the question of that effectiveness should be measured by the of which are tasked with focusing sole- whether the covered financial company is in impact of the resolution on the larger econ- ly on consumer protection. What we

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2577 have is confusion and duplication and Wall Street lobbyists to figure out how bring some sanity back into the sys- an abdication of responsibility. What they can kill this bill that is coming to tem, to protect our consumers, to end we have, quite simply, is not working. us. They want to figure out how they bailouts and back-room deals, to re- What we need is a single, strong, inde- can preserve the status quo and what store personal responsibility and bring pendent agency, a cop on the beat they have today. They want to talk back accountability. whose sole function is to protect con- their way out of change. They have I am hopeful we will all listen be- sumers, a cop on the street who will ex- been calling out to special interests in cause there certainly is a lot on the pose big bank ripoffs and end unfair Washington and bankers back on Wall line for the American people. They de- fees and curb out-of-control credit card Street and big money donors. In fact, serve all of our support. and mortgage rates. We need a cop on just about everyone has been invited to I yield the floor. the street that ensures when one those meetings except, of course, the The PRESIDING OFFICER (Mr. makes important financial decisions, American people. That is because the BURRIS). The Senator from North Da- the terms are clear. The risks are laid vast majority of Americans, including kota is recognized. out on the table, and the banks and the hard-working families in my State Mr. DORGAN. Mr. President, I ask other financial companies offering who were hurt by this crisis through no unanimous consent to speak in morn- them are being upfront. What we need fault of their own, want to see the ing business for 20 minutes. is one agency with one mission looking strong Wall Street reforms I have The PRESIDING OFFICER. Without out for one group of people, and that is talked about today passed. They want objection, it is so ordered. American families. to hold Wall Street accountable for Mr. DORGAN. Mr. President, my col- Secondly, Wall Street reform must years of irresponsibility and taxpayer- league from the State of Washington spell an end to the taxpayer-financed funded bailouts. And more than any- just talked about Wall Street reform. bailout. There is nothing that makes thing, they want to make sure we It is such an important subject. It is me or my constituents in Washington never go through this again. the case that all of us who have lived State angrier than the fact that Wall There is still a widely held view on through these last several years will Street ran up this huge bill, and we had Wall Street—and with too many still in understand when the history books to pick up the tab. Wall Street reform DC—that the voices of the people can record these years that we have lived has to end that once and for all. It has somehow be drowned out with big and existed and struggled through a pe- to be a death sentence for banks that money and even bigger fabrications. riod that is the deepest recession since engage in reckless practices, and it Wall Street still thinks they can get the Great Depression. must make them pay for their funeral away with highway robbery because, Mr. President, 15 million to 17 mil- arrangements, if they do. for all too long, they have. They think lion people wake in the morning, now Third, reform has to address the fact they can get away with telling the as I speak, jobless, get dressed, and go that Wall Street is not alone in deserv- American people that more regulation out to look for a job. Most do not find ing blame for this crisis. Therefore, it is bad, when the absence of regulation it. It has been a tough time. Yet those must not be the only target of reform. is largely what got us into this mess. who read the newspaper and under- We cannot ignore the fact that millions They think people will be satisfied stand the difficulty of those who are of Americans walked into sometimes with watered-down rules that Wall losing homes, losing jobs, losing hope, predatory home loan agencies all Street can then simply step aside or go also read the business pages and see across the country, unprepared to around or ignore. They think they can that one of the heads of the largest in- make big, important financial deci- pull a fast one on Main Street. They vestment banks last year was paid $25 sions. We have to acknowledge that too are flatout wrong. I know that because million in salary. One of the folks who many Americans put too little thought I grew up literally on Main Street in was one of the largest income earners into signing on the dotted line. Those Bothell, WA, working for my dad’s 5- in this country earned $3 billion run- bad decisions had a huge impact. That and-10-cent store with my six brothers ning a hedge fund. That is $3 billion, by is why I have been working so hard to and sisters. the way. That is almost $10 million a pass a bill I introduced called the Fi- I know they are wrong because Main day. nancial and Economic Literacy Im- Street is where I got my values, values So they see record profits from the provement Act. such as the product of your work is biggest financial interests in this coun- That legislation would change the what you can actually show in the till try—many of whom pursued policies way we approach educating Americans at the end of the day; that if that that steered us right into the ditch. about managing their own finances and money was short, you dealt with the They wonder what is the deal here. The making good decisions about housing consequences. If it was more than you people at the top, the ones who caused and employment and retirement. We expected, you knew that more difficult most of the problem—the ones many of add a fourth R to the basics of reading days could lie ahead; values like a good which would have gone broke had the and writing and arithmetic. That is re- transaction was one that was good for Federal Government not come in with source management. It gives Ameri- your business and for your customer; some funding to try to provide some cans, young and old, the basic financial that personal responsibility meant stability—they are now at record prof- skills to heed warnings in the fine owning up to your mistakes and mak- its, paying record bonuses. The folks at print they are signing and avoid ing them right; that one business relied the bottom are out struggling to find a mounting debt. I believe if we are going on all the others on the same street; job because they have been laid off. to avoid many of the mistakes that led and, importantly, that our customers So it always comes back to some- to this crisis, we need a similar compo- were not prey and businesses were not thing I have described often and it nent in the bill we work on next week. predators, and an honest business was a seems to never change and it is even We all know the old adage that sun- successful one. more aggressive now. Bob Wills and His light is the best disinfectant. With all Those are the values I learned on Texas Playboys, in the 1930s, had a of the reforms I have been talking Main Street growing up. Believe me, verse in one of their songs: ‘‘The little about today, we have the potential to those same values are still strong for bee sucks the blossom, but the big bee bring a whole lot of sunlight to Wall our country today. They exist in small gets the honey.’’ The little guy picks Street. But as we have seen in the lead towns such as the one in which I grew the cotton, but the big guy gets the up to this crisis and with Wall Street’s up and in big cities in every one of our money. response now to our reform effort so States. So it is and so has it always been but far, they don’t like to do their work in Next week, when we bring a strong even more aggressive now. The same the sunlight. They like to do it in back Wall Street reform bill to the floor, ev- newspaper talks about the trouble rooms. I have heard they have had eryone in the Senate is going to hear given the workers of this country and some company recently in those back from people who still hold values like the families of this country by the big rooms. I have heard that over the last that very dear. I am sure they will tell financial institutions having steered several days, some of our colleagues on us in no uncertain terms: It is time to this country into the deepest recession the other side have been huddling with end Wall Street’s excesses. It is time to since the Great Depression; even as in

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2578 CONGRESSIONAL RECORD — SENATE April 22, 2010 the same newspaper they read about and everybody else got duped out of Zoom Credit specializes in credit repair the largess, the record profits and their money. and debt consolidation too. Bank- record bonuses. Well, that is a short description and ruptcy, slow credit, no credit—who So the question is, What do we do probably not even a very good descrip- cares? Come to us. We want to give you about that? We are going to bring a fi- tion, but it is close enough to under- a loan. nancial reform bill, a Wall Street re- stand what has been going on in this Ignorant? Sounds like it to me. form bill, to the floor of the Senate. I country: betting—not investing—bet- Greedy? It appears to me it is. wish to talk a bit about that and say ting on credit default swaps, naked Millennia Mortgage: 12 months with we need to review, just for a moment, swaps that have no insurable interest no mortgage payment. That is right. the unbelievable cesspool of greed that in anything, no value on either side. We will give you the money to make existed—not everywhere but in some You just put together a contract and your first 12 payments if you call in places—and at levels that steered this say: I am going to bet you this issue the next 7 days. We pay it for you. Our country into very dangerous territory. happens, this stock goes up, this bond loan program may reduce your current Yes, new things, new instruments we goes down. Let’s have a wager. Well, monthly payment by 50 percent, allow had never heard of before: credit de- you do not have to own anything. Let’s you no payments for the first 12 fault swaps, naked credit default just have a bet. months. Let us give you a loan. You do swaps. Some might say: What is a cred- That is not an investment; that is a not have to make any payments for a it default swap? And, for God’s sake, flatout wager. We have places where year. what is a naked credit default swap? you should do that. If you want to do Sound strange? It does to me. How How do you get a credit default swap that, you can go to Las Vegas, and about the mortgages that say: Do you naked? Well, let me take you not just they say what goes on there stays know what, you don’t want to pay any to default swaps, let me take you back there. Who knows. You can go to At- principle? No problem. You don’t want about a year and a half ago to a time lantic City. We have places where you to pay any interest? No problem. You when the futures market in oil was like can do that. But those places are not pay nothing—no interest, no principle. a Roman candle and went up to $147 a places where you do activities that are And, by the way, if you don’t want us barrel—$147 for a barrel of oil in day equivalent to what we now see having to check on your income—that is trading—just like a Roman candle and been done in the middle of some of the called a no-documentation loan—we then went back down. investment banks and financial insti- will give you a no-doc loan with no in- That market was broken. A bunch of tutions in this country. terest payments and no principle pay- speculators—they did not want to buy I have spoken many times on the ments. We will put it all on the back any oil. They have never hauled around floor about this, and I am going to re- side. Do you know what you should do? a can or a case or a barrel of oil. They peat some things I have said just be- Go ahead and do that because you can just wanted to speculate on the futures cause, as I talk about what needs to be flip that house. If you can’t make the market. So they broke that market, done in a couple cases on this reform payments a couple years later, when ran it way up. Well, that is one symp- bill, we need to understand what hap- we are going to reset your interest rate tom of financial systems that are bro- pened and how unbelievably ignorant it at 12 percent—or whatever ridiculous ken and do not work. was. amount they were going to do—you can Credit default swaps. We have been The subprime loan scandal—every- sell that house and make the money hearing recently about the SEC deci- body was involved in that. When I say because the price of that house is al- sion to file a criminal complaint ‘‘everybody,’’ I am talking about all ways going to go up. against a large investment bank, Gold- the biggest financial institutions be- So it went all across this country, man Sachs. What we have discovered cause they were securitizing mortgages right at the bottom, with teaser rates. with the interworkings of this scheme and selling them upstream to hedge The result was, a whole lot of folks that was created is, I think, based on funds, investment banks, and you name were talked into mortgages they could my knowledge of it, that the develop- it—all making huge bonus profits, all not afford. The loan folks, the brokers, ment of—excuse me, it was a civil case kinds of fees, and starting with the who were putting out these mortgages, by the SEC, not a criminal case, and broker who could place big mortgages were making a lot of money. They were that is an important distinction, but, for people who could not afford it; and securitizing them, selling them up. nonetheless, it is a civil complaint right on up the line, they were all mak- There were fees being paid to everyone, against Goldman Sachs. My under- ing big money. and everybody was making a lot of standing is, there was created some bil- So here is an advertisement we all money—very fat and happy. lions of dollars of naked credit default listened to in the last decade during By the way, it has not changed. If swaps that had no insurable interest in this unbelievable carnival of greed. you go to the Internet, you can find on anything of value. These were people This was the biggest mortgage com- the Internet, today, EasyLoanForYou: who were betting on what might hap- pany in our country, the biggest mort- Get the loan you seek. Fast. Hassle- pen to the price of bonds. gage bank in America—now bankrupt, free. Our lenders will preapprove your Bonds selected by a person whom I of course, now gone—although the head loan regardless of your credit score or have spoken about on the floor of the of this company left with a couple hun- history. Senate previously over the last couple dred million dollars, I am told. So he Go to the Internet. See if it has years, a man named John Paulson, got out pretty well-heeled, now under stopped. who, in 2007, was the highest income investigation. But here was their ad on Here is an Internet solicitation: Bad earner on Wall Street—he earned $3.6 television and radio. Credit Personal Loans. How about billion. That is $300 million a month or It says: Do you have less than perfect that? Is that unbelievable? I wonder $10 million a day. How would you like credit? Do you have late mortgage pay- what college they teach this in. You to come home and your spouse says: ments? Have you been denied by other start a company called Bad Credit Per- How are you doing? How are we doing? lenders? Call us. We want to lend you sonal Loans. It says: Previous bank- And he says: Well, we are doing pretty money. Unbelievable. The biggest ruptcy? No credit? Previous bad credit? good, $10 million every day. mortgage bank in the country says: Recent job loss? Recent divorce? Need So my understanding of the SEC Are you a bad credit risk? Hey, call us. a larger loan amount? Well, click here complaint is they set up a system We have money for you. now. For gosh sake, take advantage of where Mr. Paulson could short what I Zoom Credit, another mortgage com- what we are offering. If you are a bad believe were naked credit default swaps pany. Here is their advertisement: person, we want to give you money. and others took the long position and Credit approval is just seconds away. Speedy Bad Credit Loans—same you had rating agencies rating these Get on the fast track. With the speed of thing. Bad credit? No problem. No cred- things apparently with high ratings, light, Zoom Credit will preapprove you it? No problem. Bankruptcy? No prob- until they discovered what they truly for a car loan, a home loan, a credit lem. Come to us. were and then the ratings collapsed. card. Even if your credit is in the tank, Well, is it a surprise that a lot of Mr. Paulson made a bunch of money Zoom Credit is like money in the bank. greedy people and a lot of the biggest

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2579 institutions in this country whose soundness, with other inherently risky spec- vestment banks and what has happened names you recognize instantly loaded ulative activity is, in my judgment, unwise. in 10 years. up on this nonsense? They loaded up— I said: It doesn’t take a genius and it loaded to the gills. Why? Because they We will, in 10 years time, look back and doesn’t take somebody with higher were all making massive amounts of say: We should not have done that—repeal mathematics or having taken an ad- money by buying and selling and trad- Glass-Steagall—because we forgot the les- vanced course in statistics to under- ing these securities. Yes, not just the sons of the past. stand what this picture shows. We have securities, not just securitization of I said during debate in 1999: seen a dramatic amount of concentra- loans but credit default swaps and This bill will in my judgment raise the tion—some of it, by the way, aided and CDOs and you name it. It was a car- likelihood of future massive taxpayer bail- abetted by the Federal Government be- outs. It will fuel the consolidation and merg- cause as we ran into this problem, this nival and a field day. ers in the banking and financial services in- So that has all happened in the last dustry at the expense of customers, farm very deep recession—the deepest since 10 years—and even much worse. But let businesses, and others. the Great Depression—our government me end it there to say, we are now I said: arranged the marriages of some of the talking about: What do we do about all We have another doctrine at the Federal biggest companies, and so the big be- this? This kind of behavior steered the Reserve Board. It is called too big to fail. Re- came much bigger. country right into the ditch. We lost member that term, too big to fail. They can- I have said all of that simply to say: $15 trillion when the economy hit rock not be allowed to fail because the con- That is where we have been, and now bottom. Something like $12 trillion has sequence on the economy is catastrophic and the question is, Where are we going? been lent, spent or pledged by the Fed- therefore these banks are too big to fail. What kind of legislation are we going eral Government to prop up private That is no-fault capitalism; too big to fail. to take up on the floor of the Senate? Does anybody care about that? Does the Fed, Already there has been a big dust-up. companies—many of them that were the Federal Reserve Board? Apparently not. doing exactly as I have just described. The minority leader came to the floor That is what I said 11 years ago on This has been a very difficult time. So of the Senate and said what was done the floor of the Senate. in the Banking Committee will be a big the question now is, What do we do I said: bailout of the banks. Of course, that about this? Do we just decide, do you I say to the people who own banks, if you know what, it is OK? We are not going want to gamble, go to Las Vegas. If you want isn’t the case at all. This is a fact-free to do anything about this? to trade in derivatives, God bless you. Do it zone with respect at least to some de- I just mentioned naked credit default with your own money. Do not do it through bates. I don’t think there is anybody in swaps. I do not know the number in the deposits that are guaranteed by the this Chamber who believes we don’t this country, but in England they esti- American people with deposit insurance. have a responsibility now to address mate, of their credit default swaps, 80 I said during that debate: these issues, and address them in the percent of them are so-called naked; I will bet one day somebody is going to right way. that is, they have no insurable interest look back and they are going to say: How on Let me be quick to say a couple of on any side of the transaction. It is Earth could we have thought it made sense things. No. 1, there are some awfully simply making a wager. When you have to allow the banking industry to con- good financial institutions in this centrate, through merger and acquisition, to country run by some good people who banks that make wagers just as if they become bigger and bigger and bigger; far are using a roulette wheel or a black- more firms in the category of too big to fail? have done a good job, and we need jack table or a craps table, they just as How did we think that was going to help our them. You can’t have production with- well ought to put that in the lobby, ex- country? out the ability to finance production. cept my feeling is, it is fundamentally Those are quotes I made 11 years ago We need commercial banks. We need antithetical to everything we know on the floor of this Senate. I didn’t all of the other financial industries and about sound, thoughtful finance in this know then that within a decade, within institutions, but we need to make sure country to have allowed this to have 10 years, we would see huge taxpayer the excesses and the greed and the un- happened—we did allow it—and now to bailouts, but I thought this was fun- believable things that were done by continue to allow it to happen. damentally unsound public policy. I some in the last decade cannot be re- So I wish to take you back 11 years was one of only eight Senators to vote peated, cannot happen again. to the floor of the Senate because I no. The whole town stampeded. In fact, The piece of legislation that is going have been through this before in some- as the Presiding Officer knows, this Fi- to come to the floor of the Senate from thing called financial modernization. It nancial Modernization Act was the Senate Banking Committee is a was 11 years ago now, actually: finan- Gramm-Leach-Bliley, three Repub- good piece of legislation. I commend cial modernization. This is not the first licans, but this was firmly embraced by Senator DODD. I think he has done an time we have had substantial legisla- the Clinton administration and by the excellent job. By the way, those who tion on the floor of the Senate to ad- then-Secretary of the Treasury and have said in the Senate that somehow dress the issue of finances and the fi- others. It was bipartisan: We have to this is just partisan, they didn’t reach nancial system. We had something do this, have to compete with the rest out to others; that is not the case, and called financial modernization on the of the world, and it was, Katey, bar the everybody knows it. floor of the Senate, and it was the door. We are going to allow these big CHRIS DODD reached out to Repub- piece of legislation—big piece of legis- companies to get bigger, and it is going licans week after week and month after lation—that pooled everything to- to be just great for the country. month to try to get some cooperation. gether. It said you can create one, big, It wasn’t so great for the country. Finally, they just walked away and huge holding company and bring every- What I wish to show is what happened they said: We are all going to vote no, thing in together—the investment as a result of that piece of legislation. no matter what. So it is not the case banks, the commercial banks, FDIC-in- This graph shows from 1999 forward the that this was designed to be some sort sured banks, the securities trading— growth of total assets in the largest fi- of partisan bill. I still hope there will bring them all together as one, big, nancial institutions. Look at this be Republicans and Democrats who to- happy family, one big pyramid. It will graph: Bigger and bigger. Not just a bit gether understand what needs to be be just fine because it will make us bigger; way, way, way up, the growth done to fix the problems that exist in more competitive with the European in assets of those six largest financial our financial services industry. financial institutions, and it is going institutions. In addition to Senator DODD bringing to be great. I said I think that is nuts. This chart shows the four banks, a bill from the Banking Committee, let What are we doing? total deposits in trillions of dollars, me say Senator BLANCHE LINCOLN, I have some quotes from 1999 of and we see what has happened there: li- under her leadership in the Agriculture things I said on the floor of this Sen- abilities in the six largest institutions, Committee, has brought a piece of leg- ate. On November 4, I said: deposits in the four largest banking in- islation to the Senate floor on deriva- Fusing together the idea of banking, which stitutions. tives that I think is a good piece of leg- requires not just safety and soundness to be This chart shows the aggregate as- islation that needs to be a part of the successful but the perception of safety and sets of the top six commercial and in- banking reform bill.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2580 CONGRESSIONAL RECORD — SENATE April 22, 2010 What I wish to talk about ever so able cesspool of greed we have seen in temic problem need to do so even more briefly is two other things. There are a a decade from some institutions that so today. number of people who have bills that I were big enough and strong enough to The Obama administration has right- am going to be supportive of that I run this country into very serious trou- ly prioritized food security and the po- think have great merit that are nec- ble. That is why I think we have a re- litical support in the Senate is growing essary. I think they are necessary to sponsibility at this point to address all every day for the Lugar-Casey Global fix the real problems that exist. The of those issues that are in front of us as Food Security Act. I commend Senator issue of repairing what was done to we deal with banking reform. LUGAR for his work on these issues for Glass-Steagall, Senator CANTWELL, I know this is going to be a long and many years and, of course, I wish to Senator MCCAIN have a bill on that. a difficult task, but one of my hopes commend and thank the work that our There are others who have a bill on would be that Republicans and Demo- chairman, Senator JOHN KERRY, is proprietary trading, and there are oth- crats can all agree on one thing: What doing on this issue every day as well. ers as well. But I wish to talk about we have experienced in the last decade Creating an environment where local two things very briefly. cannot be allowed to continue. It can- farmers can produce for themselves and No. 1, I am preparing an amendment not be allowed to continue. No one, I their communities as well as easily that deals with what are called naked believe, would want our financial insti- trade to get their goods to market is credit default swaps. I don’t think that tutions to continue to bet rather than the key to fundamentally changing is investing. That is simply betting. If invest, to continue to invest in naked this ongoing crisis. there is no insurable interest on either credit default swaps where there is no With a host of competing priorities side of credit default swaps, that is not insurable interest. Nobody, I would for the attention of the United States, investing. I think there ought to be a hope, would believe that represents the I believe there are at least two reasons requirement that there be an insurable kind of productive financing that we food security matters, even in the interest on at least one side in order need to produce in this country again. midst of some of the challenges we are for it to be a legitimate function be- facing domestically. cause it seems to me if we don’t ban I want the financing to be available from good, strong financial institu- First, this is a humanitarian crisis of naked credit default swaps, we will immense proportions that we can go a have missed the opportunity to do tions to good, strong companies that need to expand to produce American long way toward solving. I think when something that is necessary to fix part we talk about this issue, no matter of what happened in the last decade, goods that say ‘‘Made in America’’ who we are, no matter what our station No. 1. again. in life is, this is an issue that we come No. 2 is the issue of too big to fail. It That is what I want for our country. has not been described, it seems to me, That kind of economic health can only to, summoned by our conscience, and I by either the Banking Committee or by come if you have a strong system of fi- think that is true in the Senate as amendments that have been sug- nancial institutions that are engaged well. As one of the richest countries in the gested—it has not been described that in the things that originally made this we should take seriously too big to fail a great country, not trading naked world, I believe we have a moral obli- by deciding if you are too big to fail, credit default swaps but making good gation to do all we can to help. This you are too big. This country has, on investments in the productive sector of crisis is solvable with a combination of occasion—when we have a systemic this country. assistance and emphasis on providing risk that is unacceptable, when we I believe we can do that again, and I small farmers around the world the have a moral imperative to do some- believe we will. I don’t approach this know-how, the technology, and the thing about something such as this, banking reform debate with trepi- means to provide for themselves. this country has decided we will break dation. I think ultimately cooler heads The second reason, in addition to this Standard Oil into 23 parts; we will will prevail and all of us will under- being a humanitarian crisis as to why break up AT&T—and, by the way, the stand the need, and when we meet that this is so important, is global hunger is 23 parts turned out to be much more need, this country will be much better a national security issue. Instability valuable in their sum than the value of off. arising from conflict across the world the whole. Mr. President, I yield the floor. over access to food is a documented But having said all that, I believe The PRESIDING OFFICER. The Sen- problem. The 2008 food crisis, unfortu- there needs to be an amendment—and I ator from Pennsylvania. nately, brought this into sharp, acute am preparing an amendment—that f focus. We saw it in Somalia, where strug- deals with the issue of too big to fail. FOOD SECURITY Very simply it says if the Financial gles to gain access to food have envel- Stability Oversight Council develops Mr. CASEY. Mr. President, I rise oped population centers in violence. We an approach that says, all right, this is today to speak about an issue that was have seen it in Egypt as citizens rioted an institution that is just too big to the subject of a Foreign Relations for access to bread. We have seen it in fail and the moral hazard for our coun- Committee hearing today, of course, Haiti more recently, where hospital try and the systemic risk for our coun- chaired by our chairman, JOHN KERRY, beds filled in 2008 with those injured try is too great and therefore we judge and the ranking member, Senator DICK during food riots. Increased instability it too big to fail, I believe what ought LUGAR. in any of these countries has a direct to happen over a period of time—per- Today in America and worldwide, impact on U.S. national security inter- haps 5 years—is a symptomatic divesti- every 5 seconds a child dies from star- ests. ture sufficient so that the institution vation. Every 5 seconds across the The root causes of this perfect storm remains an institution that is not then world, every 5 seconds every day is the of crisis are well known but worth re- too big to fail. I believe that ought to reality that stares us in the face. While counting. In 2008, food demand was be something that we consider as we the United States has historically driven higher due to expanding popu- develop our approach to these financial played an important role in addressing lation and rising incomes. More cereals reform measures. hunger internationally, this simple were needed to feed livestock for the I don’t think big is always bad, and I fact should serve as a galvanizing call production of meat and dairy products don’t think small is always beautiful. I to action on this issue. and to fill increasing demand for want us to be big enough to compete. I The 2008 global food crisis brought biofuels across the world. Higher oil want us to have the resources to be attention to the fact that emergency prices, combined with weak harvests able to make big investments in big food assistance was not enough, as gen- and rising global demand, created a projects. I understand all of that, and I erous as our country is and as impor- scramble for resources. Wheat prices can point to some terrific financial tant as that strategy is to confronting more than doubled and rice prices more companies in this country run by first- the problem. The emergency food as- than tripled between January and May rate executives. sistance that year was not enough, and of 2008. So understand what I am talking donors in recipient countries that need Twenty-eight countries imposed ex- about are the abuses and the unbeliev- to work together to address this sys- port bans on their crops, driving up

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2581 commodity prices and limiting supply. rity issue. Last year, over 77 million I will highlight three provisions before This led to political unrest across the people in that country, Pakistan, were I conclude. globe. It concentrated among devel- considered food insecure by the World First, the Global Food Security Act oping countries with large, food-inse- Food Programme. That is nearly half would provide enhanced coordination cure, poor urban populations. of their population. As their military within the U.S. Government so that While this was indeed a perfect storm conducts its continued operations USAID, the Department of Agriculture, of events, the underlying issues that against extremist forces, their numbers and other agencies are working to- created this crisis continued. In Sub- could increase. Hunger and competi- gether and not at cross-purposes. Saharan Africa, for example, 80 to 90 tion for food can lead to further insta- Second, this bill would expand U.S. percent of all cereal prices remain 25 bility and potentially undermine the investment in the agricultural produc- percent higher than they were before Pakistani Government’s leadership at tivity of developing nations, so that the crisis began. In many Asian and a very critical time. other nations facing escalating food Latin American and Caribbean coun- The global food crisis is still a seri- prices can rely less on emergency food tries, prices are still more than 25 perous problem, and despite the efforts of assistance and instead take steps to ex- cent higher than in the precrisis period the administration, we still have a lot pand their own crop production. Every of time. In the wake of the economic of catching up to do in order to respond dollar invested in agricultural research crisis, the World Food Programme properly. According to the Center for and development generates $9 for every began receiving requests for assistance Strategic and International Studies, dollar worth of food in the developing even from countries that previously the U.S. commitment to agricultural worlds. were able to provide for themselves. development has declined in recent Third, this bill, the Global Food Se- The peripheral effects of food insecu- years, though emergency food assist- curity Act, will modernize our system rity are considerable. High rates of ance continues at robust levels. World- of emergency food assistance so that it hunger are shown to be linked to gen- wide, the share of agriculture in devel- is more flexible and can provide aid on der inequality, especially in terms of opment assistance has fallen from a short notice. We do that by authorizing education and literacy, which also neg- high of 13 percent in 1985 to 4 percent a new $500 million fund for U.S. emer- atively affects the rate of child mal- between 2002 and 2007. The U.S. devel- nutrition. This number is stunning. It gency food assistance. opment assistance to African agri- is estimated that 60 percent of the This is one of those rare occasions— culture fell from its peak of about $500 world’s chronically hungry are women unfortunately, too rare—where a seri- million in 1988 to less than $100 million and girls—60 percent—20 percent of ous crisis was greeted with substantial in 2006. We can do a lot better than whom are children under the age of 5. response by an administration—in this that. case, the Obama administration—as It is almost incalculable. Those num- The USAID has been hardest hit dur- bers are staggering and should do more well as bipartisan collaboration in the ing this period. The USAID once con- than just bother us and just inform our Senate and the House. I am encouraged sidered agricultural expertise to be a conscience; they should also motivate that there has been positive movement core strength but today operates under us to do something about this crisis. I toward fundamentally changing how diminished capacity. That is an under- cite these figures, and too often in we look at food security issues. Such statement. Here is what I mean. In Washington we are guilty of doing just support, however, is not permanent, 1990, USAID employed 181 agricultural that—citing figures. But they have real and we should enact this multiyear au- specialists, but in 2009 just 22—from 181 impact and real meaning. thorization bill to ensure that such I have had the privilege of personally to 22 in just those years, less than 20 congressional support exists in the fu- working with some very special women years. That number has gone up from ture, many years from now. We cannot in Pennsylvania who took it upon 22 recently, with the new administra- wait for another massive food crisis be- themselves to really highlight some of tion, but it is still far too few to work fore taking action on this legislation. these issues. The Witnesses to Hunger on this problem. This is the right thing to do, and we is a project that started in Philadel- In the 1970s, the U.S. Government will ultimately enhance the security of phia, PA. These women were given sponsored 20,000 annual scholarships the United States and our allies. cameras to photograph their own lives, for future leadership in agriculture, en- Mr. President, this isn’t just a mat- to tell us the truth of their experi- gineering, and related fields. Today, ter of being summoned by our con- ences, and to raise awareness on many that number has fallen to less than 900. science. That we know is part of the critical issues, including specifically So we are not developing the workforce reason we are doing this. This is also a hunger. and expertise we need. grave national security issue for us and Last year, I had the honor, as did my We simply don’t currently have ade- our allies. For that reason and so many wife Teresa, of bringing their exhibit to quate infrastructure in our government others, we need to pass the Global Food Washington, and in November we to respond to this crisis. The adminis- Security Act and support the adminis- launched a tour across Pennsylvania to tration is making progress, though. tration’s efforts on the Global Hunger highlight this issue. I cannot begin to The administration’s Global Hunger and Food Security Initiative. describe how moved I was—as were so and Food Security Initiative, known by I yield the floor. many others who saw this exhibit—to the acronym GHFSI, is a comprehen- see the photographs taken by these sive approach to food security based on f country- and community-led planning women and to hear their stories of hun- TRIBUTE TO BRIAN DUFFY ger and of poverty. Their bravery and and collaboration. I welcome this op- rare courage in sharing the struggles portunity to hear directly from the ad- Mr. MCCONNELL. Mr. President, I they face to provide a safe, nurturing ministration about this effort. While I rise to honor Mr. Brian Duffy of Louis- home for their children will always know the Obama administration has ville, KY, for his hard work and sup- stay with me. worked assiduously to coordinate an port on behalf of Kentucky’s World These mothers who brought Wit- interagency process and selection cri- War II and terminally ill veterans. Mr. nesses to Hunger to life are constant teria for country participation around Duffy founded the Bluegrass Honor reminders that the programs we in the world, questions remain in terms of Flight chapter in 2007. Through his Congress advocate for and the new ini- overall leadership of the initiative, as leadership, and the support of numer- tiatives we can develop can have a pro- well as its plan to develop internal ex- ous donations and volunteers, the Blue- found impact on people’s lives, whether pertise and capacity that is sustainable grass Honor Flight chapter has been it is in our towns and communities in over the long term. able to fly nearly 600 veterans from Pennsylvania or in any other State or In the Senate, we have worked to Kentucky to Washington, DC, pro- around the world, because this is a bring attention to the world’s hungry. viding these brave patriots the oppor- problem our world and our country Senator LUGAR, as I mentioned before, tunity to see their memorial firsthand. face. a respected leader in this field for dec- Today, I wish to congratulate Mr. Hunger in a country such as Pakistan ades, and I have joined together to in- Duffy, himself a veteran, for recently poses both a humanitarian and a secu- troduce the Global Food Security Act. being named 2010’s official

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2582 CONGRESSIONAL RECORD — SENATE April 22, 2010 ‘‘Thundernator’’ responsible for start- Anchorage’s Promise, which works to Homer residents helped clean the ing the ‘‘Thunder over Louisville’’ fire- mobilize all sectors of the community city. Cash prizes were awarded to the work show. He was so named because of to build the character and competence top three ‘‘trash collectors,’’ and over his dedication to the Bluegrass Honor of Anchorage’s children and youth, has 650 bags of trash were collected. Flight organization. sponsored the annual KidsDay events Over 750 volunteers joined together I know my colleagues will join me in in Anchorage again this year. Youth in Soldotna to help rebuild the local honoring Mr. Duffy for his tireless ad- provided significant service to their playgrounds in the city. vocacy on behalf of veterans. peers and to adults who attended Cadets from the North Pole High f KidsDay activities: School Air Force Junior ROTC col- The Spirit of Youth Teen Action GLOBAL YOUTH SERVICE DAYS lected donations and helped out the Council’s Herb Project provided youth Alaska Blood Bank in Fairbanks. Ms. MURKOWSKI. Mr. President, I with the task of building organic hang- Teen volunteers in Anchorage helped wish to speak about a resolution desig- ing gardens for local elders who are un- prepare materials for the annual sum- nating April 23 through 25, 2010, as able to get out and garden this year. mer reading celebration. ‘‘Global Youth Service Days.’’ S. Res. The Alaska Botanical Garden also sup- Youth assisted Anchorage’s Promise 493 recognizes and commends the sig- ported this project with important tips with getting the meaning behind the nificant community service efforts about the benefits of starting your own five promises out into the community. that youth are making in communities garden at home. The Alaska Food Bank offered a vol- across the country and around the Operation Support Our Soldiers, SOS, unteer opportunity to help the Boy world on the last weekend in April and made cards for our military deployed Scouts of America sort out their dona- every day. This resolution also encour- overseas to show support and apprecia- tions from this year’s Scouting for ages the citizens of the United States tion for the sacrifice that these brave Food Drive. to acknowledge and support these vol- men and women make every day. Thousands of youth volunteers gath- unteer efforts. S. Res. 493 passed the The Alaska Teen Media Institute also ered to help clean up the neighbor- Senate by unanimous consent on April participated in the day interviewing hoods of Anchorage. 20, 2010. This sends a very strong mes- youth and giving tips on media produc- The Alaska High School Challenge sage of support to the thousands of tion. sponsored by the Blood Bank of Alaska youth across our great Nation who con- Teen volunteers from Anchorage con- increases awareness in the community tribute positively to their commu- ducted surveys of youth attending the about the importance of donating blood nities—your efforts are recognized and 2010 KidsDay and also surveyed vendor and allows high schools to compete appreciated. booths regarding volunteer and em- with one another for recognition of Beginning this Friday, April 23, ployment opportunities. saving the most lives in Alaska. youth from across the United States Chugiak High School Junior ROTC The PANIC/Mountaineer Sports Pro- and around the world will carry out assisted Anchorage’s Promise this year gram cleaned and painted the Mount community service projects in areas at KidsDay by providing security to View Community Center Boys and ranging from hunger to literacy to the protect children. environment. Through this service, In addition to the KidsDay events, Girls Club. Sterling Community Club youth many will embark on a lifelong path of young people from every region of helped to salvage road kill moose in service and civic engagement. Alaska will serve their communities in order to feed hungry community mem- This event is not isolated to one the following ways: weekend a year. Global Youth Service The Juneau Alaska Youth for Envi- bers. Days is an annual public awareness and ronmental Action has been working Boys and Girls Club youth were in- education campaign that highlights with the Juneau-Douglas High School structed on bike safety. the valuable contributions that young Food Services, to transition from plas- Eagle River Boys and Girls Club people make to their communities tic disposable silverware to reusable helped to show support for troops by throughout the year. metal silverware. making care packages during the holi- The participation of youth in com- SAGA Juneau will be working in co- days. munity service provides an opportunity ordination with the Juneau School Dis- Port Graham School students to identify and address the needs of trict to provide volunteer opportuni- partnered up with elders in the commu- their communities and make positive ties to youth. nity to learn more about traditional differences in the world around them, Members of the Chugiak Family Ca- knowledge and cultural importance. learn leadership, organizational skills, reer and Community Leaders of Amer- Wrangell youth worked with the and gain insights into the problems of ica coordinated four activities to earn Women in Safe Homes project and their fellow citizens. funds for the Malowi Children’s Vil- AmeriCorps members to create art- High-quality service-learning activi- lage. They raised $560 for mosquito bed work for the Wrangell Medical Center. ties help young people make important nets which will buy 260 nets to protect Youth Group of Anchorage Unitarian connections between the school cur- children from deadly insect bites. Universalist Fellowship made and dis- riculum and the challenges they see in Anchorage Boy Scout troops teamed tributed Easter baskets to homeless their communities. Youth who are en- up with local supermarkets in order to youth. gaged in volunteer service and service- collect food for the homeless. Students at Barry Craig Stewart learning activities do better in school The Music Canvas in Anchorage of- Kassan School were involved in a week than their classmates who do not vol- fered a free sing-a-long class for fami- of activities that focused on building unteer are also more likely to avoid lies with young children. skills such as teamwork and commu- risky behaviors, such as drug and alco- Shishmaref Village led a trip with nication. hol abuse. Service within the commu- skilled hunters to teach the youth tra- Students at Tok School were given nity contributes positively to young ditional hunting and survival tactics. the opportunity to ‘‘adopt’’ a person people’s character development, civic An ongoing project from the students whom they found to be a positive influ- participation, and philanthropic activ- at the Alaska Teen Media Institute in- ence on their lives. ity as adults. volves production of a public affairs Eagle River Lion’s Club teamed up It is important, therefore, that the radio show on KNBA 90.3 FM Anchor- with youth to provide an Easter egg Senate encourage youth to engage in age. ‘‘In Other News’’ airs the last Sat- hunt for the community. community service and to congratulate urday of the month and features news The community of Dillingham joined them for the service they provide. and views from the teen perspective. together to celebrate the achievements In an effort to recognize and support Teens of Covenant House Alaska will of local youth and elders. youth volunteers in my State, I am be partnering with Abundant Life Gen- Students with the Yakutat High Na- proud to acknowledge some of the ac- eration to outreach to women and chil- tional Honor Society held a commu- tivities that will occur this year in dren in Nepal that have experienced nity health fair. Alaska in observance of National and sexual exploitation from human traf- Meterviit Youth Action Group in Global Youth Service Days: ficking. New Stuyahok held an event to discuss

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2583 environmental issues the village intellect, and she had a passion for peo- Portland, ME, my State’s largest city, should address for the future. ple. She is an example of the impact as the most livable city in America. In Tri-Valley Community Library and that women have on leadership. She addition, Portland’s busy Commercial the After School Yearbook Club at was born not only to be all a woman Street was voted as one of the coun- Healy school celebrated the 40th anni- could be, but all a person could be, all try’s great streets by the American versary of the local school. a leader could be. Dr. Dorothy Height Planning Association. The trans- Mr. President, I am so proud of all of will always be respectfully remem- formation of Portland did not happen these young people. I value their ideal- bered. by accident. It is the result of citizens ism, energy, creativity, and unique per- She has received many awards in- and organizations working together. spectives as they volunteer to make cluding the Presidential Medal of Free- American City Quality Month cele- their communities better and assist dom Award, the Congressional Gold brates this effort. This year our Gov- those in need. Medal Award. I was proud to join my ernor, John Baldacci, proclaimed April Many similarly wonderful activities Senate colleagues on sponsoring a Sen- as American City Quality Month. will be taking place all across the Na- ate resolution honoring the life and Other Governors and officials are in- tion. I encourage all of my colleagues legacy of Dr. Height. She will be great- vited to do the same. to visit the Youth Service America ly missed and her legacy will live on in f Web site—www.ysa.org—to find out the women she inspired. RECOGNIZING MIDDLEBURY about the selfless and creative youth f COLLEGE who are contributing in their own States this year. AMERICAN CITY QUALITY MONTH Mr. LEAHY. Mr. President, I speak I thank my colleagues—Senators Ms. COLLINS. Mr. President, I rise often about the excellent higher edu- AKAKA, BAYH, BEGICH, BINGAMAN, BURR, today to recognize April as the 22nd cation opportunities that are available CARDIN, COCHRAN, COLLINS, DODD, FEIN- Annual National American City Qual- in Vermont. Today, I want to honor STEIN, GILLIBRAND, GREGG, HAGAN, ity Month. Led by the National League Middlebury College for a new business ISAKSON, KLOBUCHAR, LANDRIEU, LAU- of Cities, the U.S. Conference of May- venture that builds upon its academic TENBERG, LEMIEUX, LIEBERMAN, LIN- ors, American City Planning Directors’ reputation in foreign languages. COLN, MENENDEZ, MIKULSKI, MURRAY, Council/American City Quality Foun- A small, liberal arts school of 2400 BEN NELSON, STABENOW, and MARK dation, Urban Land Institute, City students, located in Addison County, Middlebury is a campus that is rooted UDALL—for standing with me as origi- Planning and Management Division of nal cosponsors of this worthwhile reso- the American Planning Association, in Vermont’s rich culture, while chart- lution which will ensure that youth International City/County Manage- ing the way forward to the future. across the country and the world know ment Association, American Public From using wood chips to heat and that all of their hard work is greatly Transportation Association, American cool buildings across the campus, to appreciated. Society of Landscape Architects and local food initiatives, to recycling building materials, students, faculty f others, this valuable program brings together a wide range of public and pri- and staff use creativity and build on a TRIBUTE TO DR. DOROTHY I. vate partners. Their efforts dem- tradition of excellence in helping to HEIGHT onstrate what it takes to plan and de- take the college to the next level. This week, Middlebury College was Ms. LANDRIEU. Mr. President, I rise velop better quality communities ad- hailed as one of the Nation’s top to pay tribute to a great Civil Rights dressing vital issues including land use, ‘‘green colleges’’ in a new ranking by leader of our Nation, who passed away building design, transportation, hous- the Princeton Review. And a recent ar- recently. I come to the floor in her ing, parks and recreation, energy effi- ticle in the New York Times described memory to pause for just a moment ciency, economic development, envi- the college’s new and innovative busi- and to remember this great lady. ronmental protection, sustainability ness partnership to develop an online Tuesday, the Nation lost a powerful and livability. advocate for justice, equality, and op- City planners across my State of language program for precollege stu- portunity for all people. Dr. Dorothy I. Maine and throughout the Nation are dents. Already well known for its in- Height was truly a heroine of the civil calling on public and private sector tensive summer language programs, rights movement. She was a civil leaders to commit to preparing, adopt- Middlebury will be able to broaden its rights trailblazer whose courage and ing and implementing a nationwide reach and impact by bringing a lan- determination has allowed women better quality communities plan that guage program directly into the homes around the nation to break through will lead to better planning, redevelop- of American students wanting to learn glass ceilings and realize their dreams. ment and development of our Nation’s new languages. The Internet has emerged as a sig- She has certainly been an inspiration cities and surrounding regions. This is nificant learning tool, and connecting to me personally. essential to accommodate U.S. Census students with language instruction on Dr. Height was the chair and presi- projected population growth of about the Web is a wonderful academic idea dent emerita of the National Council of 30 million by the year 2020 and 100 mil- as well as an innovative business ini- Negro Women, Incorporated. The coun- lion within 30 to 40 years. This is the cil was founded by Mary McLeod Be- tiative. equivalent of building eleven cities the I know that Middlebury College will thune. She brought 28 national women size of Chicago. Also, it will help to continue to be a leader in academic in- leaders together to improve the quality create jobs, stop urban sprawl, guide novation, and I wish them the best in of life for women. Dr. Height embraced billions of dollars of investment to im- their new endeavor. that vision and continued the crusade prove communities while lowering gov- for justice. Through her leadership, she ernmental operating expenses and f changed our nation by shining a light taxes. ADDITIONAL STATEMENTS on discrimination and injustice that This public-private partnership is was all too common in America during necessary to meet the growing need for the 20th century. higher quality, more energy efficient RECOGNIZING CLEMSON Dr. Height was also a member of and sustainable housing, buildings, UNIVERSITY SCROLL OF HONOR many other organizations such as the public transportation, infrastructure, ∑ Mr. GRAHAM. Mr. President, I ask YWCA and the Delta Sigma Theta So- agriculture, and industry. All citizens the Senate to join me in recognizing a rority, Inc. Through her dedication and are urged to get involved by contacting historic event taking place in Clemson, commitment in these organizations, their community planners. I applaud SC. Today, Clemson University and the she encouraged women to be leaders in these collaborative efforts to improve Clemson Corps are dedicating its Scroll national and community organizations urban and rural communities across of Honor Memorial, which recognizes and on college campuses. She had an our Nation. the 473 Clemson University alumni who extraordinary presence, a really big This collaborative planning works. sacrificed their lives protecting and de- and wonderful heart, she was a great Just last year, Forbes Magazine named fending our Nation.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2584 CONGRESSIONAL RECORD — SENATE April 22, 2010 Clemson University has a long and began in 1979 at the Knife River Indian ‘‘an ambassador for education and for distinguished military history, and to- Villages National Historic Site where social justice across the nation.’’ His days dedication of the Scroll of Honor he worked as a park technician. He dedication to social justice is not only is a testament to this school’s contin- worked his way up and eventually be- evident in the research he conducted ued commitment to honoring those came Superintendent of Little Big on organizational change and minority who serve our country. I truly appre- Horn Battlefield National Monument. educational issues and in his active ciate the Clemson Corp for spear- He would later serve as the first Super- pursuit of diversity at Eastern Michi- heading this important project. intendent of the Lewis and Clark Na- gan and other institutions but also in As Senator, I have had the great tional Historic Trail before coming to the graceful and respectful manner in honor to meet many of our Nation’s Mount Rushmore. Throughout his ca- which he interacted with those around soldiers, sailors, airmen and marines reer, Gerard has been recognized with him each day. Dean Polite leaves a serving abroad. They are dedicated, numerous awards for exceptional work. void at Eastern Michigan University proud individuals who take their jobs He was also recently featured in the and in the countless lives he helped to to protect our Nation very seriously. Ken Burns documentary ‘‘The National shape. His memory will be a vivid and Like the millions of veterans who Parks: America’s Best Idea.’’ lasting inspiration to many. served before them, they also know the National Park Service Director Jon Vernon C. Polite dedicated his life to great truth that freedom is never free. Jarvis should be commended for recog- education and accomplished much in It was won and protected for more than nizing the importance of working with his long and illustrious career. His leg- two centuries by patriotic Americans tribes across our country on cultural acy is that of a life well-spent and is willing to risk their lives to defend this and natural resources issues central to embodied in the accomplishments and great country of ours. the Park Service’s mission. He could aspirations of the students he inspired. Millions of Americans have given not have picked a better person to rep- I know my colleagues join me in ex- their blood, sweat, and tears in defense resent the Park Service in this capac- tending condolences to Vernon’s sister, of this great land. Many, like the indi- ity. In addition to vast experience with Carol Brooks, and his brother, Willie viduals we honor today, paid the ulti- the Park Service, Gerard brings a life- Brooks, as well as to the entire Eastern mate price. Words cannot adequately time of learning from his own heritage Michigan University community, as we express the great respect and admira- as a Mandan-Hidatsa Indian. That per- honor the life of this remarkable man.∑ tion I have for these individuals. spective, coupled with the charisma f I, like all Americans, will forever be and good humor Gerard is so well indebted to them for their sacrifice. known for, will be a great asset for the TRIBUTE TO SPECIALIST I ask that the U.S. Senate join me in Park Service. MICHELLE DONOVAN honoring these distinguished Sons of In closing, I would like to thank Ge- ∑ Mrs. LINCOLN. Mr. President, today Dear Old Clemson, their families, and rard and his wife Mary Kay for their I honor National Guard Specialist the thousands of soldiers, sailors, air- dedication to Mount Rushmore and the Michelle Donovan, a resident of Hot men, and marines who continue to Black Hills area. I wish him all the Springs Village in my home State of serve our Nation. And may God con- best in his new position as Assistant Arkansas. Specialist Donovan recently tinue to bless our United States of Director for American Indian Relations received the Purple Heart for injuries America.∑ for the National Park Service. Gerard’s she sustained while serving in Iraq f efforts at Mount Rushmore will con- nearly 3 years ago. tinue to benefit visitors for years to Specialist Donovan served as a com- TRIBUTE TO GERARD BAKER come, and I congratulate him on his bat medic assigned to the 875th Engi- ∑ Mr. JOHNSON. Mr. President, today accomplishments.∑ neer Battalion, Arkansas National I pay tribute to Gerard Baker, Super- f Guard. On August 21, 2007, while on pa- intendent of Mount Rushmore National trol in Iraq, the vehicle in which she Memorial. Superintendent Baker has REMEMBERING VERNON C. POLITE was riding struck an explosive device, accepted a new assignment as Assist- ∑ Mr. LEVIN. Mr. President, I wish to leaving her and her four team members ant Director for American Indian Rela- honor the life of Vernon C. Polite, dean seriously wounded. She suffered severe tions for the National Park Service. of the Eastern Michigan University traumatic brain injury and wounds to While his leadership at Mount Rush- College of Education, who passed away her leg and shoulder, as well as injuries more will be greatly missed, the en- on March 8, 2010. Dean Polite led a life to her face, requiring a medical dis- tirety of the Park Service will benefit of integrity, passion, and dedication. charge from the Arkansas National from this new role. I have enjoyed His exemplary work and his personal Guard. working with Gerard in his capacity as warmth surely will be missed by all Along with all Arkansans, I salute Superintendent and want to take this whose lives he touched. A memorial Specialist Donovan for her bravery, opportunity to recognize his accom- service will be held on the campus of and I am grateful for her service and plishments. Eastern Michigan University today to sacrifice. During his tenure, Gerard has helped celebrate the life of this wonderful More than 11,000 Arkansans on active promote a comprehensive under- man. duty and more than 10,000 Arkansas re- standing of the significance of Mount Dean Polite’s efforts to enrich the servists have served in Iraq or Afghani- Rushmore and the surrounding Black educational experiences of students in stan since September 11, 2001. It is the Hills. In addition to telling the story of Michigan and across the country are responsibility of our Nation to provide the four Presidents whose likenesses truly inspiring. His guidance has left the tools necessary to care for our are carved into the mountain, he and an indelible mark on the institutions country’s returning servicemembers his staff have worked to broaden the in which he has played a part. From his and honor the commitment our Nation perspectives of history, culture, and work as principal at Oak Park Public made when we sent them into harm’s natural resources at the memorial. Schools and professor at Catholic Uni- way. Our grateful Nation will not for- Visitors, young and old alike, have en- versity of America, to his roles as get them when their military service is joyed expanded interpretive programs, founding dean of Bowie State Univer- complete. It is the least we can do for including an award-winning audio tour sity’s School of Education and dean of those whom we owe so much.∑ available in Lakota and a Heritage Vil- the Eastern Michigan University Col- f lage highlighting the history and cus- lege of Education, Dean Polite has set toms of local American Indian commu- an example of conscientious and coura- TRIBUTE TO ALICE SMITH nities. Gerard has done an admirable geous leadership. ∑ Mrs. LINCOLN. Mr. President, today job of promoting understanding and Dean Polite was embraced by col- I congratulate Alice Smith for being celebration of all of the cultures that leagues, students, family, and friends named the 2009 Citizen of the Year by make up our democracy. as much for his impressive accomplish- the Clarendon Chamber of Commerce. Gerard’s long and accomplished ca- ments as for his generous heart and According to those who know her reer with the National Park Service personal kindness. He has been called best, Alice is a dedicated community

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2585 volunteer, spending countless hours of Sherman, a born and bred Mainer, only spread faster of Mr. Sherman’s her time helping others throughout the opened DennyMike’s Smokehouse BBQ creative and celebrated line of prod- Clarendon community. A long-time and Deli in the popular seaside town of ucts. I thank Mr. Sherman for so viv- volunteer with the Boy Scouts, Alice Old Orchard Beach. Mr. Sherman’s pur- idly embodying the entrepreneurial also serves as President of the pose in opening this unique restaurant spirit, and wish him continued success Clarendon Chamber of Commerce and in Maine was to expose New Englanders in his tasty quest.∑ is a member of Visions for Clarendon, to a cuisine he has loved since the f the Clarendon American Legion Auxil- 1970s, when he first experienced au- MESSAGES FROM THE PRESIDENT iary, and a board member for the Mon- thentic Texas-style barbecue. In 2008, roe County Human Development Cen- Mr. Sherman also launched a line of Messages from the President of the ter. Alice also fought to save the an- genuine, hand-crafted barbecue rubs United States were communicated to nual Clarendon Christmas parade when and sauces for use by customers at the Senate by Mrs. Neiman, one of his it was on the verge of cancellation due home, whether it be to spice up secretaries. to lack of funds and participation. meatloaf made in the oven or add fla- f vor to seafood or steak cooked on the I have felt a long kinship to EXECUTIVE MESSAGES REFERRED Clarendon, and I am grateful for the grill. The company is a member of the friendships I have made there. Kansas City BBQ Society and the Na- As in executive session the Presiding Clarendon is a community with a great tional BBQ Association, among other Officer laid before the Senate messages spirit of volunteerism and caring. We organizations, ensuring that it is at from the President of the United should all embrace Alice’s spirit of the forefront of this burgeoning indus- States submitting sundry nominations service and volunteerism. I send my try. and a withdrawal which were referred heartfelt congratulations to her and To create its unique sauces and rubs, to the appropriate committees. (The nominations received today are her family.∑ DennyMike’s utilizes high-quality in- gredients such as clover honey, natural printed at the end of the Senate pro- f sea salt, and Barbados molasses. The ceedings.) 40TH ANNIVERSARY OF THE company creates these products, which f FOUNDING OF HOT SPRINGS VIL- are all-natural and gluten-free, in MESSAGES FROM THE HOUSE LAGE small batches to ensure a richer flavor. At 10:58 a.m., a message from the ∑ Mrs. LINCOLN. Mr. President, today The company markets a broad range of House of Representatives, delivered by I rise to recognize the residents of Hot sauces like the Sweet ’N Spicy, Mrs. Cole, one of its reading clerks, an- Springs Village in my home State of DennyMike’s original standard-bearer, nounced that the House has passed the Arkansas. as well as rubs that include the following bills, in which it requests the Hot Springs Village is a gated resort Fintastic, seasoned with a hint of cit- concurrence of the Senate: and retirement community in scenic rus for a tangy twist on traditional west central Arkansas in the Ouachita Maine cuisine such as fresh fish and H.R. 1585. An act to increase awareness of physical activity opportunities at school, Mountains. It is home to 15,000 resi- shrimp. From sweet and savory to and for other purposes. dents and offers 11 recreational lakes strong and spicy, DennyMike’s prod- H.R. 3553. An act to exclude from consider- for fishing, swimming and boating, 16 ucts are designed to please any dis- ation as income under the Native American tennis courts, a fitness center, a 650- cerning set of taste buds. DennyMike Housing Assistance and Self-Determination seat performing arts center, and over and his wife, Patty, accompanied by Act of 1996 amounts received by a family 20 miles of wooded nature trails. one full-time employee, produce the from the Department of Veterans Affairs for During the week of April 17–25, Hot sauces and rubs, with five part-time service-related disabilities of a member of the family. Springs Village will celebrate its 40th workers supplementing as needed. H.R. 4178. An act to amend the Federal De- anniversary with events throughout While some may scoff at the notion posit Insurance Act to provide for deposit re- the community, including concerts, of an award-winning barbecue master stricted qualified tuition programs, and for golf tournaments, luncheons, open hailing from Maine, Mr. Sherman has other purposes. houses, and more. These events sym- put such critics to shame with an im- The message also announced that the bolize the culture, recreation, and com- pressive display of awards from organi- House has passed the following bill, munity spirit that define Hot Springs zations nationwide. In November, one with an amendment, in which it re- Village and its citizens. of DennyMike’s sauces was named the quests the concurrence of the Senate: Mr. President, I salute the residents best barbecue sauce in the ‘‘All-Nat- S. 1963. An act to amend title 38, United of Hot Springs Village for their efforts ural Hot’’ category at the 2010 Scovie States Code, to provide assistance to care- to maintain the heritage, beauty, and Awards, while another of its distinctive givers of veterans, to improve the provision history of their community. I join all rubs won top place in the ‘‘Dry Rub/ of health care to veterans, and for other pur- Arkansans to express my pride in this All-Purpose’’ class. Decided through poses. jewel of Arkansas.∑ scrupulous blind tastings, the Scovie The message further announced that f Awards are prestigious in the barbecue the House has agreed to the following industry, and now comprise one of the concurrent resolution, in which it re- RECOGNIZING DENNYMIKE’S ’CUE world’s most competitive gourmet food quests the concurrence of the Senate: STUFF INC. competitions. Additionally, H. Con. Res. 255. Concurrent resolution ∑ Ms. SNOWE. Mr. President, though DennyMike’s received five medals—two commemorating the 40th anniversary of we often say in Maine that April can gold, one silver, and two bronze—from Earth Day and honoring the founder of Earth still be considered a winter month, we the National Barbecue Association, or Day, the late Senator Gaylord Nelson of Wis- are hopeful that warmer weather is NBBQA, last year, while also winning consin. just around the corner. And one of our several awards for its distinct pack- ENROLLED BILL SIGNED Nation’s favorite summer pastimes is aging from various organizations. At The President pro tempore (Mr. grilling outdoors—eating good food this year’s NBBQA Conference and BYRD) announced that on today, April while enjoying the company of friends Expo, DennyMike’s racked up seven 22, 2010, he had signed the following en- and family. While barbecue is tradi- awards, building on its record of ac- rolled bill, previously signed by the tionally considered Southern cuisine, complishment and success within the Speaker of the House: one Maine company is out to redefine industry. H.R. 4360. An act to designate the Depart- that notion—and having great success DennyMike’s ’Cue Stuff has quickly ment of Veterans Affairs blind rehabilitation in this endeavor. As such, I rise today made a name for itself by introducing center in Long Beach, California, as the quality, all-natural barbecue products ‘‘Major Charles Robert Soltes, Jr., O.D. De- to recognize DennyMike’s ’Cue Stuff partment of Veterans Blind Rehabilitation Inc. for its numerous award-winning to our home State. As he continues to Center’’. barbecue products. promote his sauces and rubs at re- DennyMike’s got its start in 2002 gional trade shows across New Eng- At 3:36 p.m., a message from the when Dennis Michael—or DennyMike— land, I am confident that word will House of Representatives, delivered by

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2586 CONGRESSIONAL RECORD — SENATE April 22, 2010 Mrs. Cole, one of its reading clerks, an- EC–5579. A communication from the Acting Agency, Department of Homeland Security, nounced that the House disagreed to Under Secretary for Research, Education, transmitting, pursuant to law, the report of the amendment of the Senate to the and Economics, Office of Extramural Pro- a rule entitled ‘‘Changes in Flood Elevation bill (H.R. 2194) entitled ‘‘An act to grams, National Institute of Food and Agri- Determinations (75 FR 18086)’’ ((44 CFR Part culture, transmitting, pursuant to law, the 65)(Docket No. FEMA–2010–0003)) received in amend the Iran Sanctions Act of 1996 report of a rule entitled ‘‘Veterinary Medi- the Office of the President of the Senate on to enhance United States diplomatic cine Loan Repayment Program (VMLRP)’’ April 21, 2010; to the Committee on Banking, efforts with respect to Iran by expand- (RIN0524–AA43) received in the Office of the Housing, and Urban Affairs. ing economic sanctions against Iran’’, President of the Senate on April 20, 2010; to EC–5589. A communication from the Chief and agreed to the conference asked by the Committee on Agriculture, Nutrition, Counsel, Federal Emergency Management the Senate on the disagreeing votes of and Forestry. Agency, Department of Homeland Security, the two Houses thereon, and appoints EC–5580. A communication from the Dep- transmitting, pursuant to law, the report of uty Secretary of Defense, transmitting, pur- a rule entitled ‘‘Changes in Flood Elevation the following as managers of the con- suant to law, the fourth quarter report for Determinations (77 FR 18090)’’ ((44 CFR Part ference on the part of the House: calendar year 2009 of the Joint Improvised 65)(Docket No. FEMA–2010–0003)) received in From the Committee on Foreign Af- Explosive Device Defeat Organization; to the the Office of the President of the Senate on fairs, for consideration of the House Committee on Armed Services. April 21, 2010; to the Committee on Banking, bill and the Senate amendment, and EC–5581. A communication from the Assist- Housing, and Urban Affairs. modifications committed to con- ant Secretary, Bureau of Political-Military EC–5590. A communication from the Chief Affairs, Department of State, transmitting, Counsel, Federal Emergency Management ference: Messrs. BERMAN, ACKERMAN, pursuant to law, an addendum to a certifi- Agency, Department of Homeland Security, SHERMAN, CROWLEY, SCOTT of Georgia, cation, transmittal number: DDTC 110–429, of transmitting, pursuant to law, the report of COSTA, KLEIN of Florida, Ms. ROS- the proposed sale or export of defense arti- a rule entitled ‘‘Final Flood Elevation Deter- LEHTINEN, Messrs. BURTON of Indiana, cles, including technical data, and defense minations’’ ((44 CFR Part 67)(Docket No. ROYCE, and PENCE. services to a Middle East country regarding FEMA–2010–0003)) received in the Office of From the Committee on Financial any possible affects such a sale might have the President of the Senate on April 21, 2010; Services, for consideration of sections 3 relating to Israel’s Qualitative Military Edge to the Committee on Banking, Housing, and and 4 of the House bill, and sections over military threats to Israel; to the Com- Urban Affairs. 101–103, 106, 203, and 401 of the Senate mittee on Armed Services. EC–5591. A communication from the Chief EC–5582. A communication from the Assist- Counsel, Federal Emergency Management amendment, and modifications com- ant Secretary, Bureau of Political-Military Agency, Department of Homeland Security, mitted to conference: Messrs. FRANK of Affairs, Department of State, transmitting, transmitting, pursuant to law, the report of Massachusetts, MEEKS of New York, pursuant to law, an addendum to a certifi- a rule entitled ‘‘Suspension of Community and GARRETT of New Jersey. cation, transmittal number: DDTC 10–007, of Eligibility’’ ((44 CFR Part 64)(Docket No. From the Committee on Ways and the proposed sale or export of defense arti- FEMA–2010–0003)) received in the Office of Means, for consideration of sections 3 cles, including technical data, and defense the President of the Senate on April 21, 2010; and 4 of the House bill, and sections services to a Middle East country regarding to the Committee on Banking, Housing, and 101–103 and 401 of the Senate amend- any possible affects such a sale might have Urban Affairs. relating to Israel’s Qualitative Military Edge EC–5592. A communication from the Sec- ment, and modifications committed to over military threats to Israel; to the Com- retary of the Treasury, transmitting, pursu- conference: Messrs. LEVIN, TANNER, and mittee on Armed Services. ant to law, a six-month periodic report on CAMP. EC–5583. A communication from the Assist- the national emergency with respect to ant Secretary of Defense (Reserve Affairs), Burma that was declared in Executive Order f transmitting, pursuant to law, a report rel- 13047 of May 20, 1997; to the Committee on MEASURES REFERRED ative to the States’ contribution to the oper- Banking, Housing, and Urban Affairs. ating costs of a National Guard Youth Chal- EC–5593. A communication from the Acting The following bills were read the first lenge Program; to the Committee on Armed Fiscal Assistant Secretary, Department of and the second times by unanimous Services. the Treasury, transmitting, pursuant to law, consent, and referred as indicated: EC–5584. A communication from the Assist- a report relative to the notification of Con- H.R. 1585. An act to increase awareness of ant Secretary of Defense (Health Affairs), gress that during the period of January 1, physical activity opportunities at school, transmitting, pursuant to law, a report rel- 2009, through December 31, 2009, no excep- and for other purposes; to the Committee on ative to the quality of health care provided tions to the prohibition against favored Health, Education, Labor, and Pensions. by the Department of Defense; to the Com- treatment of a government securities broker H.R. 3553. An act to exclude from consider- mittee on Armed Services. or government securities dealer were granted ation as income under the Native American EC–5585. A communication from the Assist- by the Secretary of the Treasury; to the Housing Assistance and Self-Determination ant Secretary for Export Administration, Committee on Banking, Housing, and Urban Act of 1996 amounts received by a family Bureau of Industry and Security, Depart- Affairs. from the Department of Veterans Affairs for ment of Commerce, transmitting, pursuant EC–5594. A communication from the Acting service-related disabilities of a member of to law, the report of a rule entitled ‘‘Revi- Fiscal Assistant Secretary, Department of the family; to the Committee on Indian Af- sions to the Export Administration Regula- the Treasury, transmitting, pursuant to law, fairs. tions Based on the 2009 Missile Technology a report relative to material violations or H.R. 4178. An act to amend the Federal De- Control Regime Plenary Agreements’’ suspected material violations of regulations posit Insurance Act to provide for deposit re- (RIN0694–AE79) received in the Office of the relating to Treasury auctions and other stricted qualified tuition programs, and for President of the Senate on April 21, 2010; to Treasury securities offerings for the period other purposes; to the Committee on Bank- the Committee on Banking, Housing, and of January 1, 2009 through December 31, 2009; ing, Housing, and Urban Affairs. Urban Affairs. to the Committee on Banking, Housing, and EC–5586. A communication from the Chief Urban Affairs. f Counsel, Federal Emergency Management EC–5595. A communication from the Sec- Agency, Department of Homeland Security, retary of the Interior, transmitting, a legis- EXECUTIVE AND OTHER transmitting, pursuant to law, the report of lative proposal relative to the issuance of COMMUNICATIONS a rule entitled ‘‘Suspension of Community coins to commemorate the 100th anniversary The following communications were Eligibility’’ ((44 CFR Part 64)(Docket No. of the establishment of the National Park laid before the Senate, together with FEMA–2008–0020)) received in the Office of Service; to the Committee on Banking, accompanying papers, reports, and doc- the President of the Senate on April 21, 2010; Housing, and Urban Affairs. to the Committee on Banking, Housing, and EC–5596. A communication from the Direc- uments, and were referred as indicated: Urban Affairs. tor of Congressional Affairs, Nuclear Regu- EC–5578. A communication from the Chief EC–5587. A communication from the Chief latory Commission, transmitting, pursuant of Research and Analysis, Food and Nutri- Counsel, Federal Emergency Management to law, the report of a rule entitled ‘‘Cat- tion Services, Department of Agriculture, Agency, Department of Homeland Security, egorical Exclusions from Environmental Re- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of view’’ (RIN3150–AI27) received in the Office of a rule entitled ‘‘Supplemental Nutrition As- a rule entitled ‘‘Changes in Flood Elevation the President of the Senate on April 20, 2010; sistance Program, Regulation Restructuring: Determinations (75 FR 18072)’’ ((44 CFR Part to the Committee on Energy and Natural Re- Issuance Regulation Update and Reorganiza- 65)(Docket No. FEMA–2010–0003)) received in sources. tion to Reflect the End of Coupon Issuance the Office of the President of the Senate on EC–5597. A communication from the Chief Systems’’ (RIN0584–AD48) received in the Of- April 21, 2010; to the Committee on Banking, of Recovery and Delisting Branch, Endan- fice of the President of the Senate on April Housing, and Urban Affairs. gered Species Program, Department of the 21, 2010; to the Committee on Agriculture, EC–5588. A communication from the Chief Interior, transmitting, pursuant to law, the Nutrition, and Forestry. Counsel, Federal Emergency Management report of a rule entitled ‘‘Endangered and

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2587 Threatened Wildlife and Plants; Reinstate- S. 3245. A bill to establish rules for small SUBMISSION OF CONCURRENT AND ment of Protections for the Grizzly Bear in denomination, short-term, unsecured cash SENATE RESOLUTIONS the Greater Yellowstone Ecosystem in Com- advances, such as ‘‘payday loans’’; to the pliance with Court Order’’ (RIN1018–AW97) Committee on Banking, Housing, and Urban The following concurrent resolutions received in the Office of the President of the Affairs. and Senate resolutions were read, and Senate on April 20, 2010; to the Committee on By Mr. WYDEN (for himself and Mr. referred (or acted upon), as indicated: Environment and Public Works. THUNE): By Ms. MIKULSKI: EC–5598. A communication from the Chief S. 3246. A bill to exclude from consider- S. Res. 495. A resolution recognizing the of the Publications and Regulations Branch, ation as income under the Native American continued importance of volunteerism and Internal Revenue Service, Department of the Housing Assistance and Self-Determination national service and commemorating the an- Treasury, transmitting, pursuant to law, the Act of 1996 amounts received by a family niversary of the signing of the landmark report of a rule entitled ‘‘Transitional Guid- from the Department of Veterans Affairs for service legislation, the Edward M. Kennedy ance for Taxpayers Claiming Relief Under service-related disabilities of a member of Serve America Act; to the Committee on the Military Spouses Residency Relief Act the family; to the Committee on Indian Af- Health, Education, Labor, and Pensions. for Taxable Year 2009’’ (Notice No. 2010–30) fairs. By Mr. WEBB (for himself, Mr. WAR- received in the Office of the President of the By Mr. UDALL of Colorado (for him- NER, Mr. COCHRAN, and Ms. SNOWE): S. Res. 496. A resolution designating April Senate on April 21, 2010; to the Committee on self, Mr. LUGAR, Mr. BROWN of Massa- 23, 2010, as ‘‘National Adopt A Library Day’’; Finance. chusetts, Mrs. HAGAN, Mr. LEVIN, Mr. EC–5599. A communication from the Chief considered and agreed to. LIEBERMAN, Mr. MENENDEZ, Ms. of the Publications and Regulations Branch, By Mr. DODD (for himself, Mr. ALEX- KLOBUCHAR, Mrs. SHAHEEN, and Mr. Internal Revenue Service, Department of the ANDER, Mr. JOHNSON, Mr. LIEBERMAN, UDALL of New Mexico): Treasury, transmitting, pursuant to law, the and Mr. BAYH): report of a rule entitled ‘‘Applicable Federal S. 3247. A bill to amend the Fair Credit Re- S. Res. 497. A resolution designating the Rates—May 2010’’ (Rev. Rul. No. 2010–12) reporting Act with respect to fair and reason- third week of April 2010 as ‘‘National Shaken ceived in the Office of the President of the able fees for credit scores; to the Committee Baby Syndrome Awareness Week’’; consid- Senate on April 21, 2010; to the Committee on on Banking, Housing, and Urban Affairs. ered and agreed to. Finance. By Mr. BINGAMAN (for himself, Mr. By Ms. COLLINS (for herself and Mr. EC–5600. A communication from the Assist- UDALL of Colorado, Mr. MCCAIN, and DODD): ant Secretary of Legislative Affairs, U.S. De- Mr. REID): S. Res. 498. A resolution designating April partment of State, transmitting, pursuant to S. 3248. A bill to designate the Department 2010 as ‘‘National Child Abuse Prevention law, the 2009 annual report on voting prac- of the Interior Building in Washington, Dis- Month’’; to the Committee on the Judiciary. tices in the United Nations; to the Com- trict of Columbia, as the ‘‘Stewart Lee Udall By Mr. FEINGOLD (for himself, Mr. mittee on Foreign Relations. Department of the Interior Building’’; to the WICKER, Mr. BROWN of Ohio, Mr. EC–5601. A communication from the Assist- Committee on Environment and Public SPECTER, Mr. LUGAR, Mr. DURBIN, Mr. ant Secretary of the Treasury, transmitting, Works. CARDIN, Mr. SANDERS, Mrs. proposed legislation relative to the Asian By Mr. LIEBERMAN (for himself and GILLIBRAND, Mr. JOHNSON, and Mr. INHOFE): Development Fund and the Asian Develop- Ms. COLLINS): S. Res. 499. A resolution supporting the ment Bank; to the Committee on Foreign S. 3249. A bill to amend the Robert T. Staf- goals and ideals of World Malaria Day, and Relations. ford Disaster Relief and Emergency Assist- reaffirming United States leadership and f ance Act to reauthorize the predisaster haz- support for efforts to combat malaria as a EXECUTIVE REPORTS OF ard mitigation program and for other pur- critical component of the President’s Global poses; to the Committee on Homeland Secu- COMMITTEES Health Initiative; considered and agreed to. rity and Governmental Affairs. f The following executive reports of By Mr. CARPER (for himself and Ms. nominations were submitted: COLLINS): ADDITIONAL COSPONSORS By Mr. LEAHY for the Committee on the S. 3250. A bill to provide for the training of S. 653 Judiciary. Federal building personnel, and for other At the request of Mr. CARDIN, the David J. Hale, of Kentucky, to be United purposes; to the Committee on Environment name of the Senator from New Hamp- States Attorney for the Western District of and Public Works. shire (Mrs. SHAHEEN) was added as a co- Kentucky for the term of four years. By Mr. CARPER: sponsor of S. 653, a bill to require the Kerry B. Harvey, of Kentucky, to be United S. 3251. A bill to improve energy efficiency Secretary of the Treasury to mint States Attorney for the Eastern District of and the use of renewable energy by Federal Kentucky for the term of four years. coins in commemoration of the bicen- agencies, and for other purposes; to the Com- tennial of the writing of the Star-Span- Alicia Anne Garrido Limtiaco, of Guam, to mittee on Energy and Natural Resources. be United States Attorney for the District of By Mr. TESTER: gled Banner, and for other purposes. Guam and concurrently United States Attor- S. 654 ney for the District of the Northern Mariana S. 3252. A bill to amend the Surface Mining Control and Reclamation Act of 1977 to limit At the request of Mr. BUNNING, the Islands for the term of four years . name of the Senator from New Hamp- Kenneth J. Gonzales, of New Mexico, to be the liability of a State performing reclama- United States Attorney for the District of tion work under an approved State aban- shire (Mrs. SHAHEEN) was added as a co- New Mexico for the term of four years. doned mine reclamation plan; to the Com- sponsor of S. 654, a bill to amend title mittee on Energy and Natural Resources. XIX of the Social Security Act to cover (Nominations without an asterisk By Ms. LANDRIEU: physician services delivered by were reported with the recommenda- S. 3253. A bill to provide for an additional podiatric physicians to ensure access tion that they be confirmed.) temporary extension of programs under the by Medicaid beneficiaries to appro- f Small Business Act and the Small Business priate quality foot and ankle care. Investment Act of 1958, and for other pur- INTRODUCTION OF BILLS AND S. 738 poses; considered and passed. JOINT RESOLUTIONS By Mr. BROWN of Ohio (for himself, At the request of Ms. LANDRIEU, the The following bills and joint resolu- Mr. HARKIN, Mr. DURBIN, Mrs. MUR- name of the Senator from Montana tions were introduced, read the first RAY, Mr. CASEY, and Mr. MERKLEY): (Mr. TESTER) was added as a cosponsor and second times by unanimous con- S. 3254. A bill to amend the Fair Labor of S. 738, a bill to amend the Consumer sent, and referred as indicated: Standards Act of 1938 to require persons to Credit Protection Act to assure mean- By Mr. FEINGOLD (for himself, Mr. keep records of non-employees who perform ingful disclosures of the terms of rent- BURR, Mr. VITTER, Mr. BENNET, Mrs. labor or services for remuneration and to al-purchase agreements, including dis- LINCOLN, Mr. GRASSLEY, Mrs. provide a special penalty for persons who closures of all costs to consumers MCCASKILL, Mr. BEGICH, Mr. MCCAIN, misclassify employees as non-employees, and under such agreements, to provide cer- for other purposes; to the Committee on Mr. WHITEHOUSE, Mr. LEAHY, Ms. tain substantive rights to consumers Health, Education, Labor, and Pensions. STABENOW, Mr. NELSON of Nebraska, under such agreements, and for other By Mrs. LINCOLN (for herself and Ms. Mr. ENSIGN, and Mr. DURBIN): purposes. S. 3244. A bill to provide that Members of SNOWE): S. 773 Congress shall not receive a cost of living ad- S. 3255. A bill to amend title XVIII of the justment in pay during fiscal year 2011; con- Social Security Act to provide coverage for At the request of Mr. ROCKEFELLER, sidered and passed. custom fabricated breast prostheses fol- the name of the Senator from Mary- By Mrs. HAGAN (for herself, Mr. DUR- lowing a mastectomy; to the Committee on land (Ms. MIKULSKI) was added as a co- BIN, and Mr. SCHUMER): Finance. sponsor of S. 773, a bill to ensure the

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2588 CONGRESSIONAL RECORD — SENATE April 22, 2010 continued free flow of commerce with- shire (Mrs. SHAHEEN) and the Senator S. 3206 in the United States and with its glob- from Alaska (Mr. BEGICH) were added At the request of Mr. HARKIN, the al trading partners through secure as cosponsors of S. 1963, a bill to amend names of the Senator from Pennsyl- cyber communications, to provide for title 38, United States Code, to provide vania (Mr. SPECTER) and the Senator the continued development and exploi- assistance to caregivers of veterans, to from Delaware (Mr. KAUFMAN) were tation of the Internet and intranet improve the provision of health care to added as cosponsors of S. 3206, a bill to communications for such purposes, to veterans, and for other purposes. establish an Education Jobs Fund. provide for the development of a cadre S. 2106 S. 3231 of information technology specialists At the request of Mrs. LINCOLN, the At the request of Mr. GRASSLEY, the to improve and maintain effective cy- name of the Senator from New Hamp- name of the Senator from Kansas (Mr. bersecurity defenses against disrup- shire (Mrs. SHAHEEN) was added as a co- BROWNBACK) was added as a cosponsor tion, and for other purposes. sponsor of S. 2106, a bill to require the of S. 3231, a bill to amend the Internal S. 797 Secretary of the Treasury to mint Revenue Code of 1986 to extend certain At the request of Mr. DORGAN, the coins in commemoration of the 225th tax incentives for alcohol used as fuel name of the Senator from Minnesota anniversary of the establishment of the and to amend the Harmonized Tariff (Mr. FRANKEN) was added as a cospon- Nation’s first law enforcement agency, Schedule of the United States to ex- sor of S. 797, a bill to amend the Indian the United States Marshals Service. tend additional duties on ethanol. Law Enforcement Reform Act, the In- S. 2920 S. RES. 483 dian Tribal Justice Act, the Indian At the request of Mr. LAUTENBERG, At the request of Mr. DURBIN, his Tribal Justice Technical and Legal As- the name of the Senator from North name was added as a cosponsor of S. sistance Act of 2000, and the Omnibus Dakota (Mr. DORGAN) was added as a Res. 483, a resolution congratulating Crime Control and Safe Streets Act of cosponsor of S. 2920, a bill to amend the Republic of Serbia’s application for 1968 to improve the prosecution of, and chapter 1 of title 23, United States European Union membership and rec- response to, crimes in Indian country, Code, to condition the receipt of cer- ognizing Serbia’s active efforts to inte- and for other purposes. tain highway funding by States on the grate into Europe and the global com- S. 1055 enactment and enforcement by States munity. At the request of Mrs. BOXER, the of certain laws to prevent repeat in- f name of the Senator from Maine (Ms. toxicated driving. SNOWE) was added as a cosponsor of S. S. 3019 STATEMENTS ON INTRODUCED AND JOINT RESOLUTIONS 1055, a bill to grant the congressional At the request of Mr. LIEBERMAN, the gold medal, collectively, to the 100th name of the Senator from Connecticut By Mr. WYDEN (for himself and Infantry Battalion and the 442nd Regi- (Mr. DODD) was added as a cosponsor of Mr. THUNE): mental Combat Team, United States S. 3019, a bill to authorize funding for, S. 3246. A bill to exclude from consid- Army, in recognition of their dedicated and increase accessibility to, the Na- eration as income under the Native service during World War II. tional Missing and Unidentified Per- American Housing Assistance and Self- S. 1102 sons System, to facilitate data sharing Determination Act of 1996 amounts re- At the request of Mr. LIEBERMAN, the between such system and the National ceived by a family from the Depart- name of the Senator from Minnesota Crime Information Center database of ment of Veterans Affairs for service-re- (Mr. FRANKEN) was added as a cospon- the Federal Bureau of Investigation, to lated disabilities of a member of the sor of S. 1102, a bill to provide benefits provide incentive grants to help facili- family; to the Committee on Indian Af- to domestic partners of Federal em- tate reporting to such systems, and for fairs. ployees. other purposes. Mr. WYDEN. Mr. President, today, S. 1144 S. 3058 my colleague Senator THUNE and I are At the request of Mr. JOHNSON, the At the request of Mr. DORGAN, the introducing a piece of legislation that name of the Senator from Idaho (Mr. name of the Senator from Texas (Mr. will correct a flaw in the Native Amer- RISCH) was added as a cosponsor of S. CORNYN) was added as a cosponsor of S. ican Housing and Self-Determination 1144, a bill to improve transit services, 3058, a bill to amend the Public Health Act of 1996, NAHASDA, that could including in rural States. Service Act to reauthorize the special leave some disabled Native American S. 1158 diabetes programs for Type I diabetes Veterans having to choose between living with their families or having At the request of Ms. STABENOW, the and Indians under that Act. enough money to survive without name of the Senator from Virginia (Mr. S. 3141 them. No veteran should ever be faced WARNER) was added as a cosponsor of S. At the request of Mr. BINGAMAN, the with having to make that painful 1158, a bill to authorize the Secretary name of the Senator from Alaska (Mr. choice. Their service to our nation de- of Health and Human Services to con- BEGICH) was added as a cosponsor of S. mands that they be treated with the duct activities to rapidly advance 3141, a bill to amend the Internal Rev- greatest care, and this bill would help treatments for spinal muscular atro- enue Code of 1986 to provide special ensure that. phy, neuromuscular disease, and other rules for treatment of low-income Native Americans serve in the U.S. pediatric diseases, and for other pur- housing credits, and for other purposes. poses. military at a higher rate, per capita, S. 3201 than any other group. However, if a Na- S. 1346 At the request of Mr. UDALL of Colo- tive American veteran returns home At the request of Mr. DURBIN, the rado, the name of the Senator from with injuries suffered in battle, they name of the Senator from California North Dakota (Mr. DORGAN) was added face additional challenges because of (Mrs. FEINSTEIN) was added as a co- as a cosponsor of S. 3201, a bill to the rules covering tribal lands. sponsor of S. 1346, a bill to penalize amend title 10, United States Code, to Currently, NAHASDA counts vet- crimes against humanity and for other extend TRICARE coverage to certain erans disability payments and survivor purposes. dependents under the age of 26. benefits as income when determining S. 1859 S. 3205 both eligibility for housing assistance At the request of Mr. ROCKEFELLER, At the request of Mr. SCHUMER, the and rental payments. Since virtually the name of the Senator from Delaware name of the Senator from Michigan the only criteria for receiving public (Mr. CARPER) was added as a cosponsor (Mr. LEVIN) was added as a cosponsor of housing assistance on tribal lands is in- of S. 1859, a bill to reinstate Federal S. 3205, a bill to amend the Internal come—and the income levels on tribal matching of State spending of child Revenue Code of 1986 to provide that lands are historically low—it does not support incentive payments. fees charged for baggage carried into take a large veterans disability pay- S. 1963 the cabin of an aircraft are subject to ment to make them cross the threshold At the request of Mr. AKAKA, the the excise tax imposed on transpor- of being ‘‘too wealthy’’ to qualify for names of the Senator from New Hamp- tation of persons by air. tribal housing. And in Indian Country,

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2589 alternatives to tribal housing are few between the two members of the Bank- Your credit score is a critical piece of and far between. ing Committee as they outlined the im- information that impacts your interest In addition, because disability pay- portance of true Wall Street account- rates, your monthly payments on home ments are based on the level of disability and the Wall Street reforms we loans, and it could be the difference be- ability, the larger the sacrifice a sol- will consider in the future. tween whether a child is able to afford dier has made, the less likely he or she I rise to speak about a particular op- college or not. As I alluded to earlier, will be able to return to tribal housing. portunity we have as we consider this this information is increasingly being This also means that a soldier who has important and far-reaching reform leg- used to decide whether you will be of- been disabled could not move in with islation, and that is to discuss a piece fered a job. When you apply for a job, his family if they receive housing as- of legislation I have introduced today your potential employer has access to sistance without putting the entire called the Fair Access to Credit Scores that information, and you don’t even family at risk of losing their housing if Act of 2010. know what it is. This is personal infor- the payments would put them above 80 Senator LUGAR and I joined along mation, and the consumers themselves percent of area median income. No with eight other colleagues, to intro- seem to be the only people who don’t family should have to choose between a duce this bill that would put con- have easy access to it. roof over their head and caring for a sumers back in control of their fi- We are talking about empowering wounded son or daughter, father or nances. This bill takes a commonsense American consumers when we pass— mother. Nor should they have to yet significant step in that direction and I know we will—Wall Street ac- choose between living on their native by offering Americans annual access to countability legislation. We want to homelands or being forced to move off their credit score when they access empower consumers to be able to shape the reservation to care for this wound- their annual free credit report. their own financial futures and thereby ed veteran. Yet, this is the Catch-22 Making the distinction between your the country’s financial future. To do that wounded Native American vet- score and your report, a report tells that, we have to have transparency. erans currently face, and it must be consumers what outstanding credit ac- When you have free access to your fixed. counts they have open, such as student credit score, although that is a small Our bill would do that, in a very sim- loans or credit cards, maybe a car or part of the larger reforms we need, it ple way. It would exempt veterans’ dis- home loan. Unfortunately, it tells addresses one of the fundamental in- ability and survivor benefits from Americans little else. Often, they al- equities that pervade our current fi- counting as ‘‘income’’ for tribal hous- ready know—they hopefully should nancial system. Put simply, the one- ing programs. This does not affect the know that information in their credit sided marketplace today is rigged to amount of money Congress appro- report. In contrast, your credit score, benefit large financial institutions at priates for tribally designated housing which our legislation would make the expense of hard-working Americans entities. It would just allow those pro- available, is what banks and lenders who are struggling to support their grams to serve Native American vet- and increasingly even employers have families and save for retirement. Con- erans who have been injured in combat, access to. It is critical information sumers continually find themselves on or the families of those killed on the that each one of us needs to know. the losing end of this bargain. battlefield. Our bill is a simple, budget- Today, you and I would have to jump With so much at stake, this legisla- neutral way to fix a law written with through hoop after hoop and ulti- tion we filed today is a small step to the best of intentions. I urge the mately have to pay to have access to help restore balance and put Americans speedy passage of this bill. our credit score, while banks and lend- back in charge of their financial Mr. President, I ask unanimous con- ers can get this information more eas- health. My hope is that, as this Cham- sent that the text of the bill be printed ily. Mr. President, I know you have ber considers the Wall Street account- in the RECORD. been a strong advocate for fairness in ability bill, we will consider adding There being no objection, the text of America, and that is simply not fair. this legislation as an amendment and the bill was ordered to be printed in In 2003, Congress enacted legislation restore a greater dose of fairness to the RECORD, as follows: that required the three major con- consumers in Colorado, to the Pre- sumer credit reporting agencies to pro- S. 3246 siding Officer’s constituents, and to all vide a free annual report to each one of the rest of our Nation. Be it enacted by the Senate and House of us on a yearly basis. This was known as Representatives of the United States of America Let me close by thanking a group of in Congress assembled, the FACT Act. It was an important Senators who have joined me: Senators SECTION 1. SHORT TITLE. step in ensuring that financial records LUGAR, SCOTT BROWN, HAGAN, LEVIN, This Act may be cited as the ‘‘Indian Vet- of American consumers are accurate. LIEBERMAN, KLOBUCHAR, MENENDEZ, erans Housing Opportunity Act of 2010’’. You could cross-check, as a consumer, SHAHEEN, and TOM UDALL. They have SEC. 2. EXCLUSION FROM INCOME. what was in your report. all joined me in putting consumers Paragraph (9) of section 4 of the Native Many of my constituents in Colorado first by cosponsoring this common- American Housing Assistance and Self-De- have seen frequent television commer- sense, proconsumer legislation. termination Act of 1996 (25 U.S.C. 4103(9)) is cials and Internet advertisements, and I ask each one of my colleagues as amended by adding at the end the following they are led to believe that the annual well to join me in supporting its pas- new subparagraph: credit report under law includes this sage. ‘‘(C) Any amounts received by any member credit score I am discussing. Unfortu- of the family as disability compensation nately, we were all disappointed—I under chapter 11 of title 38, United States By Mr. BINGAMAN (for himself, Code, or dependency and indemnity com- have been personally—to find out that Mr. UDALL of Colorado, Mr. pensation under chapter 13 of such title.’’. you only have access to your credit re- MCCAIN, and Mr. REID): port, not the critical information that S. 3248. A bill to designate the De- By Mr. UDALL of Colorado (for helps you judge your creditworthiness. partment of the Interior Building in himself, Mr. LUGAR, Mr. BROWN You actually have to purchase your Washington, District of Columbia, as of Massachusetts, Mrs. HAGAN, score or subscribe to a credit-moni- the ‘‘Stewart Lee Udall Department of Mr. LEVIN, Mr. LIEBERMAN, Mr. toring service that costs you up to $200 the Interior Building’’; to the Com- MENENDEZ, Ms. KLOBUCHAR, a year to receive it. There are some mittee on Environment and Public Mrs. SHAHEEN, and Mr. UDALL troubling cases that even go further, Works. of New Mexico): where consumers believe they are sign- Mr. BINGAMAN. Mr. President, last S. 3247. A bill to amend the Fair ing up for a free credit score, only to month our country lost a great Amer- Credit Reporting Act with respect to find out later that they have actually ican with the passing of Stewart Udall, fair and reasonable fees for credit signed up for a costly monthly moni- who, among his many achievements, is scores; to the Committee on Banking, toring service instead. This is simply probably best remembered for his ac- Housing, and Urban Affairs. not fair. It is why the Consumer Fed- complishments as Secretary of the In- Mr. UDALL of Colorado. Mr. Presi- eration of America and the Consumers terior during the Presidencies of Presi- dent, earlier, I listened to the colloquy Union support this legislation. dent Kennedy and President Johnson.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2590 CONGRESSIONAL RECORD — SENATE April 22, 2010 His lifetime of work to protect our pub- scapes and the people of the West could By Mr. CARPER (for himself and lic lands and his efforts to improve the provide all of us. Ms. COLLINS): quality of our environment are un- I know the Senator from New Mexico S. 3250. A bill to provide for the equaled. Stewart Udall was instru- knows of the many books he wrote. He training of Federal building personnel, mental in the passage of virtually all wrote over half a dozen books. One of and for other purposes; to the Com- of our Nation’s landmark environ- the books I took the most insight from mittee on Environment and Public mental laws, including the Clean Air was a book called ‘‘The Founding Fa- Works. Act of 1963, the Wilderness Act of 1964, thers and Mothers of the West.’’ He Mr. CARPER. Mr. President, I rise the Federal Water Pollution Control pointed out in that book that people today to introduce two pieces of legis- Act of 1965, the Endangered Species Act came to the West—the Presiding Offi- lation that I believe will help the Fed- of 1966, the National Historic Preserva- cer will be interested in this—to find a eral Government cut its energy bill, tion Act of 1966, the National Trails new life. He continued in that vein by save taxpayers’ money and benefit the System Act of 1968, and the Wild and talking about the great western direc- environment. Today is Earth Day, Scenic Rivers Act of 1968. Nearly half a tor of western movies, John Ford. He when people are thinking about how century later, these laws remain the once asked John Ford if his movies they can take better care of our planet. key protections for our Nation’s land, portrayed the West as it was. Ford’s Federal agencies need to do the same. air, and water. In addition, he oversaw answer was: No; they portrayed the Also important, the last few years significant additions to the National West as it should have been, doggone have underscored the need for our Na- Park System and the National Wildlife it. My uncle’s point was that the West tion to rethink its energy use. Con- Refuge System. Many years after he was not settled by the gunfighters and stantly shifting energy costs and our Nation’s severe economic problems left office, he was a driving force be- those who had gotten into conflicts. have resulted in families, homeowners, hind the enactment of the Radiation The West was settled by those who and businesses all taking a hard look Exposure Compensation Act of 1990. came looking to create communities In the 161-year history of the Depart- and to work together. It was the people at how much they are spending, includ- ment of the Interior, there have been standing on the wooden sidewalks ing for energy needs. Governments many exceptional individuals who have watching the gunfights who in the end should be no different, and they are no different. served as Secretary of the Interior, and settled the West, established the West Over the past few months, my Sub- Stewart Udall certainly ranks among as we know the West today. committee on Federal Financial Man- the best of those. In recognition of his My uncle in particular had great af- fection and respect for the Native pop- agement, Government Information, lifetime of work pursuing the common ulations in the West. That led him to Federal Services, and International Se- good and protecting our Nation’s pub- have great passion and even outrage curity held hearings to examine how lic lands and waters and in particular about the way Native Americans had the Federal Government can lead by his achievements as the Secretary of been treated. In his later years, as the example in being more energy efficient. the Interior, today I am introducing Presiding Officer knows, he went to We learned, among other things, that legislation to designate the Depart- battle in the courts through his words the Federal Government is the single ment of the Interior Building in Wash- in every form possible advocating jus- largest energy user in the Nation. ington, DC, as the ‘‘Stewart Lee Udall tice and fair treatment for our Native In fiscal year 2008, the total energy Department of the Interior Building.’’ I American brothers and sisters. In our consumption of Federal Government am pleased to have Senator MARK family, we characterized him as being buildings and operations was roughly UDALL, Senator JOHN MCCAIN, and Sen- outraged without being outrageous. 1.5 percent of all energy consumption ator HARRY REID, our majority leader, We are going to, obviously, miss him. in the United States. The energy bill as cosponsors of this bill. Dedication of I am going to miss his wise counsel. I for the Federal Government that year the Department of the Interior’s head- will do everything I can to live by the was $24.5 billion. Of that $24.5 billion, quarters here in Washington will be a credo he carried forward, I say to Sen- over $7 billion was spent on energy to small but fitting tribute to Stewart ator BINGAMAN, which he believed deep- operate Federal buildings alone. Udall’s legendary accomplishments, ly: We didn’t inherit the Earth from With a price tag that large, there are many of which took place in that very our parents; we are borrowing it from significant opportunities for savings. building. our children. I think that is the funda- Today, I offer a series of proposals that I know my colleague, Senator MARK mental lesson our uncle left with us. I believe will allow the Federal Govern- UDALL, is here to also speak in support The inspiring step of the Senator from ment to take better advantage of these of this legislation. Let me defer to him, New Mexico to name the Interior opportunities. and then I will ask recognition again Building after my uncle will help us The Government Accountability Of- on a somewhat separate matter. keep that firmly in our view and keep fice has noted that Federal agencies The PRESIDING OFFICER. The Sen- committed to that purpose for our time face a number of challenges in meeting ator from Colorado. on this Earth. their energy management goals. One of Mr. UDALL of Colorado. Mr. Presi- I thank the Senator from New Mex- those is rapidly building and retro- dent, I thank the Senator from New ico for his graciousness. I look forward fitting our buildings with advanced Mexico for his courtesy. to this bill becoming the law of the technologies, without regard for the I rise in support of this legislation. I land. skills necessary to operate and main- intend at some later date to spend ad- The PRESIDING OFFICER. The Sen- tain these facilities to their optimum ditional time on the floor talking ator from New Mexico. efficiency. about my Uncle Stewart, who was a Mr. BINGAMAN. Mr. President, I The Federal Government has spent wonderful man, an uncle to me, but thank my colleague, Senator UDALL, billions of dollars on technology and more than that, he was a mentor, he for his very eloquent statement. Obvi- hardware to improve the energy effi- was a leader. In the last 12 years of his ously, the Udall family has a great deal ciency of its buildings. However, if this life after my father died, he really of which to be proud: his father’s great significant investment is not safe- served as a second father to me; there- public service, his uncle’s great public guarded by well-trained individuals, we fore, I feel as though I lost a second fa- service, and, of course, he is carrying will never be able to achieve the big- ther recently. on with that tradition, as is TOM gest bang for our buck. New technology I thank the Senator on behalf of at UDALL, my colleague from New Mexico. demands new skills. My legislation least my side of the family. I know my We are very fortunate in this country would better ensure that the individ- cousin TOM will, at the right time and to have the Udall family working hard uals who manage our Federal facilities in the right way, express his thanks as to make this a better place. possess the knowledge they need to well. I hope this legislation I have intro- meet these demands. My uncle was many things, but he duced today can become law soon. We The Federal Buildings Personnel was at his heart a student of the West. will have that additional recognition Training Act of 2010, which I am intro- He was a son of the West. He always for Stewart Udall and his contribution ducing today along with Senator COL- looked for the lessons that the land- to the country. LINS, and Representatives CARNAHAN

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2591 and BIGGERT in the House, will ensure fund to provide financial support for SEC. 2. TRAINING OF FEDERAL BUILDING PER- that the General Services Administra- Federal agency energy efficiency and SONNEL. (a) IDENTIFICATION OF CORE COM- renewable projects. This fund would in- tion has all of the tools necessary to PETENCIES.—Not later than 18 months after not only upgrade our infrastructure, crease the number of agency energy ef- the date of enactment of this Act, and annu- but also guarantee that these buildings ficiency projects, such as new heating ally thereafter, the Administrator of General are properly maintained and operated and cooling systems, which save on op- Services, in consultation with representa- at their highest performance levels. erations costs. Savings from the tives of relevant professional societies, in- You wouldn’t give a race car to an in- projects would be paid back into the dustry associations, and apprenticeship experienced driver and expect them to fund over time, and eventually fund ad- training providers, and after providing no- win the Indy 500. In the same way, we ditional projects. tice and an opportunity for comment, shall Other provisions of my bill adopt identify the core competencies necessary for can’t expect our Federal buildings to Federal personnel performing building oper- run at peak efficiency if we don’t make some good, common-sense ideas. For example, President Obama’s fiscal year ations and maintenance, energy manage- sure our personnel have adequate ment, safety, and design functions to comply training. 2011 budget proposal outlined how the with requirements under Federal law. The I am also introducing a second bill, Department of Veterans Affairs is sav- core competencies identified shall include the Improving Energy Efficiency and ing money by operating their com- competencies relating to building operations Renewable Energy Use By Federal puters more efficiently. Using new and maintenance, energy management, sus- Agencies Act of 2010. computers that use less energy, and tainability, water efficiency, safety (includ- Federal agencies are pursuing many software that automates when a coming electrical safety), and building perform- puter is turned on and off, the agency ance measures. ideas and technologies to reduce the (b) DESIGNATION OF RELEVANT COURSES, amount of energy they consume, and plans to save around $32 million over the next 5 years. My bill would require CERTIFICATIONS, DEGREES, LICENSES, AND adopt renewable energy such as solar REGISTRATIONS.—The Administrator, in con- panels on top of Federal buildings. other Federal agencies to consider and sultation with representatives of relevant These proven technologies have re- adopt steps similar to that of the De- professional societies, industry associations, partment of Veteran Affairs’ successful sulted in financial savings that have and apprenticeship training providers, shall example. more than paid for the initial financial identify a course, certification, degree, li- I am also interested in expanding cense, or registration to demonstrate each investment. This is in addition to the cutting edge advanced metering tech- core competency, and for ongoing training environmental and energy security nology throughout government. with respect to each core competency, iden- benefits of reduced energy use. There’s an old saying that goes, ‘‘You tified for a category of personnel specified in In fact, earlier this year the Adminis- can’t manage, what you can’t meas- subsection (a). tration announced plans for Federal ure.’’ It can easily be applied to energy (c) IDENTIFIED COMPETENCIES.—An indi- agencies to reduce its greenhouse gas vidual shall demonstrate each core com- use. At my recent hearings I learned petency identified by the Administrator pollution by 28 percent by 2020, rep- that, with new digital technology, we resenting between $8 billion and $11 bil- under subsection (a) for the category of per- can save energy and money by con- sonnel that includes such individual. An in- lion in cost savings. These goals are necting facilities across an organiza- dividual shall demonstrate each core com- part of a very useful and effective exec- tion and monitoring buildings—and petency through the means identified under utive order signed last year directing even parts of buildings and individual subsection (b) not later than one year after agencies to not only devote more at- pieces of machinery—on their energy the date on which such core competency is tention to energy reduction, but share use in real-time. Wal-Mart uses this identified under subsection (a) or, if the date their best ideas. technology because they understand of hire of such individual occurs after the While the Administration’s Execu- the financial savings it brings. From date of such identification, not later than one year after such date of hire. In the case tive Order, Federal Leadership in Envi- their headquarters in Bentonville, AR, ronmental, Energy and Economic Per- of an individual hired for an employment pe- they will know if a freezer door has riod not to exceed one year, such individual formance, represents an important step been left open for too long at their shall demonstrate each core competency at forward, there is more we can do. store in Middletown, Delaware. The the start of the employment period. Federal agencies can make use of Federal Government should do the (d) CONTINUING EDUCATION.—The Adminis- some creative financial tools where same so that building managers can trator, in consultation with representatives government partners with the private make more effective decisions. The of relevant professional societies, industry sector. For example, with Power Pur- best part about deploying advanced associations, and apprenticeship training chasing Agreements a Federal agency metering is the fact that the invest- providers, shall develop or identify comprehensive continuing education courses to allows a company to use government ment pays for itself in less than a year. ensure the operation of Federal buildings in land, for example an unused portion of As America’s largest consumer of en- accordance with industry best practices and military base, to build solar, wind or ergy, Federal agencies can and should standards. other renewable power production with be good stewards of precious taxpayer (e) CURRICULUM WITH RESPECT TO FACILITY private sector funding, and in exchange dollars by using energy as efficiently MANAGEMENT AND OPERATION OF HIGH-PER- gives the Federal facility cheaper elec- as possible. The proposals contained in FORMANCE BUILDINGS.—Not later than 18 tricity. This means that governments my two pieces of legislation will help months after the date of enactment of this can reduce the cost of its energy use the Federal Government lead by exam- Act, and annually thereafter, the Adminis- ple, and demonstrate to the American trator, acting through the head of the Office and help clean up the environment by of Federal High-Performance Green Build- promoting renewable energy—all with- people that energy efficiency efforts ings, and the Secretary of Energy, acting out having to spend a single taxpayer can pay real dividends in saving both through the head of the Office of Commercial dollar. Not a bad way to do business. money and the environment. I look for- High-Performance Green Buildings, in con- Currently, DOD is more successful ward to working with my colleagues sultation with the heads of other appropriate with Power Purchasing Agreements be- and the Administration to get these Federal departments and agencies and rep- cause their facilities are allowed to two bills signed into law, and imple- resentatives of relevant professional soci- enter into longer term agreements, as ment these important ideas. eties, industry associations, and apprenticeship training providers, shall develop a rec- compared to civilian agencies which Mr. President, I ask unanimous consent that the text of these two bills be ommended curriculum relating to facility are restricted to only 10 years. My bill management and the operation of high-per- will allow longer-term agreements for printed in the RECORD. There being no objection, the text of formance buildings. all agencies. (f) APPLICABILITY OF THIS SECTION TO FUNC- the bills were ordered to be printed in It is important to remember, the TIONS PERFORMED UNDER CONTRACT.—Train- the RECORD, as follows: cleanest, most efficient—and cheap- ing requirements under this section shall est—energy, is the energy we don’t use. S. 3250 apply to non-Federal personnel performing That is why I would like Federal agen- Be it enacted by the Senate and House of Rep- building operations and maintenance, energy resentatives of the United States of America in management, safety, and design functions cies to quicken the pace of its efforts Congress assembled, under a contract with a Federal department to implement energy efficiency meas- SECTION 1. SHORT TITLE. or agency. A contractor shall provide train- ures. To help accomplish this, my bill This Act may be cited as the ‘‘Federal ing to, and certify the demonstration of core establishes a $500 million revolving Buildings Personnel Training Act of 2010’’. competencies for, non-Federal personnel in a

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manner that is approved by the Adminis- the Administrator of General Services) who (2) ADJUSTMENTS.—Proper adjustment shall trator. enters into a power purchase agreement be made in amounts subsequently trans- under paragraph (1) for the purchase of elec- ferred to the extent prior estimates were in S. 3251 tricity at a Federal facility that is owned or excess of or less than the amounts required Be it enacted by the Senate and House of Rep- controlled by the executive agency for dis- to be transferred. resentatives of the United States of America in tribution to 1 or more other executive agen- (e) FEDERAL FACILITY ENERGY EFFICIENCY Congress assembled, cies shall allocate, on an annual basis for the AND RENEWABLE ENERGY PROJECTS FUND SECTION 1. SHORT TITLE. period covered by the power purchase agree- PROGRAM.— This Act may be cited as the ‘‘Improving ment, the incremental cost or incremental (1) IN GENERAL.—The Secretary of Energy Energy Efficiency and Renewable Energy savings of the power purchase agreement for shall establish a Federal facility energy effi- Use By Federal Agencies Act of 2010’’. the purchase of electricity at a Federal facil- ciency and renewable energy projects fund SEC. 2. POWER PURCHASE AGREEMENT PRO- ity from renewable energy sources (as com- program under which the Secretary shall GRAM. pared to the cost of electricity from the elec- make loans to Federal agencies to assist the (a) DEFINITIONS.—In this section: tricity supplier of the Federal facility) agencies in reducing energy use and related (1) COST-EFFECTIVE.—The term ‘‘cost-effec- among each user of the Federal facility purposes, as determined by the Secretary. tive’’ means, with respect to a power pur- based on the proportion that— (2) GUIDELINES FOR APPLICATIONS.—Not chase agreement entered into by the head of (A) the electricity usage of the user of the an executive agency for a Federal facility later than 180 days after the date of enact- Federal facility; bears to ment of this Act, the Secretary shall issue that is owned or controlled by the executive (B) the aggregate electricity usage of all agency, that the 30-year average cost for the guidelines for Federal agencies to submit ap- users of the Federal facility. plications for loans under this subsection. purchase of electricity under the power pur- (c) POWER PURCHASE AGREEMENTS WITH (3) ELIGIBILITY.—Each Federal agency shall chase agreement from 1 or more renewable MULTIPLE FEDERAL FACILITIES.—An execu- be eligible to submit an application for a energy generating systems is not greater tive agency may enter into an interagency loan under this subsection. than an amount equal to 110 percent of the agreement as part of a power purchase agree- (4) LOAN AWARDS.— cost of an equal quantity of electricity from ment that involves more than 1 Federal fa- (A) IN GENERAL.—The Secretary shall the current electricity supplier of the Fed- cility. award loans under this subsection on a com- eral facility, taking into consideration (d) NEGOTIATED RATE AS BASIS FOR DETER- petitive basis. each— MINING COST EFFECTIVENESS OF FUTURE EN- (B) ALLOCATION.—The Secretary shall con- (A) applicable cost, including any cost re- ERGY EFFICIENCY OR RENEWABLE ENERGY vene a committee of Federal agencies to de- sulting from— PROJECTS.—An executive agency that enters termine allocation from the Fund to carry (i) a demand charge; into a power purchase agreement may not out this subsection after a competitive as- (ii) an applicable rider; use the negotiated rate as a basis for deter- sessment of the technical and economic ef- (iii) a fuel adjustment charge; or mining the business case or economic feasi- fectiveness of each application for a loan (iv) any other surcharge; and bility of future energy efficiency or renew- under this subsection. (B) reasonably anticipated increase in the able energy projects. (C) SELECTION.—In determining whether to cost of the electricity resulting from— (e) REGULATIONS.—The Secretary of Energy (i) inflation; shall promulgate such regulations as are provide a loan to a Federal agency for a (ii) increased regulatory requirements; necessary to carry out this section. project under this subsection, the Secretary (iii) decreased availability of fossil fuels; (f) AUTHORIZATION OF APPROPRIATIONS.— shall consider— and There are authorized to be appropriated to (i) the cost-effectiveness of the project; (iv) any other factor that may increase the carry out this section such sums as are nec- (ii) the amount of energy and cost savings cost of electricity. essary for each of fiscal years 2010 through anticipated to the Federal Government; (2) EXECUTIVE AGENCY.—The term ‘‘execu- 2019, to remain available until expended. (iii) the amount of funding committed to tive agency’’ has the meaning given the term SEC. 3. FEDERAL FACILITY ENERGY EFFICIENCY the project by the agency; in section 4 of the Office of Federal Procure- AND RENEWABLE ENERGY PROJ- (iv) the extent that a project will leverage ment Policy Act (41 U.S.C. 403). ECTS FUND. financing from other non-Federal sources; (3) FEDERAL FACILITY.—The term ‘‘Federal (a) ESTABLISHMENT.—There is established and facility’’ has the meaning given the term in in the Treasury of the United States a re- (v) any other factor that the Secretary de- section 543(f)(C) of the National Energy Con- volving fund, to be known as the ‘‘Federal termines will result in the greatest amount servation Policy Act (42 U.S.C. 8253(f)(C)). Facility Energy Efficiency and Renewable of energy and cost savings to the Federal (4) GOVERNMENT CORPORATION.—The term Energy Projects Fund’’ (referred to in this Government. ‘‘Government corporation’’ has the meaning section as the ‘‘Fund’’), consisting of such SEC. 4. INCENTIVES FOR FEDERAL AGENCIES given the term in section 103 of title 5, amounts as are appropriated to the Fund FOR UTILITY ENERGY SAVINGS CON- United States Code. under subsection (b). TRACTS. (5) RENEWABLE ENERGY SOURCE.—The term (b) TRANSFERS TO FUND.— ‘‘renewable energy source’’ has the meaning (1) AUTHORIZATION OF APPROPRIATIONS.— Not later than 180 days after the date of given the term in section 551 of the National There are authorized to be appropriated to enactment of this Act, the Secretary of En- Energy Conservation Policy Act (42 U.S.C. the Fund $500,000,000, to remain available ergy, in consultation with the Secretary of 8259). until expended. Defense and the Administrator of General (b) POWER PURCHASE AGREEMENT (2) LOAN REPAYMENTS.—There are appro- Services, shall promulgate regulations that PROJECTS.— priated to the Fund, out of funds of the enable Federal agencies to retain the finan- (1) AUTHORIZATION OF HEADS OF EXECUTIVE Treasury not otherwise appropriated, cial savings that result from entering into AGENCIES.—In accordance with paragraphs (2) amounts equivalent to loan amounts repaid utility energy savings contracts. and (3), the head of each executive agency or and received in the Treasury under sub- SEC. 5. RENEWABLE ENERGY FACILITIES SUR- a designee may establish 1 or more projects section (e). VEYS BY FEDERAL AGENCIES. under which the head of the executive agen- (c) EXPENDITURES FROM FUND.— (a) IN GENERAL.—Not later than 180 days cy may offer to enter into power purchase (1) IN GENERAL.—Subject to paragraph (2), agreements during the 10-year period begin- on request by the Secretary of Energy (re- after the date of enactment of this Act, the ning on the date of enactment of this Act for ferred to in this section as the ‘‘Secretary’’), Secretary of Energy, in consultation with the purchase of electricity from 1 or more the Secretary of the Treasury shall transfer the Secretary of Defense and the Adminis- Federal facilities that are owned or con- from the Fund to the Secretary such trator of General Services, shall promulgate trolled by the executive agency from renew- amounts as the Secretary determines are regulations that establish appropriate meth- able energy sources located at the Federal necessary to provide assistance for energy ef- ods and procedures for use by Federal agen- facility. ficiency and renewable energy projects car- cies to implement, unless inconsistent with the mission of the Federal agencies or im- (2) COST-EFFECTIVE REQUIREMENT.—A head ried out at Federal facilities in accordance of an executive agency described in para- with subsection (e). practicable due to environmental con- straints, the identification of all potential graph (1) may offer to enter into a power (2) ADMINISTRATIVE EXPENSES.—An amount purchase agreement described in that para- not exceeding 10 percent of the amounts in locations at Federal facilities of the agencies graph only if the power purchase agreement the Fund shall be available for each fiscal for renewable energy projects (including is cost-effective. year to pay the administrative expenses nec- available land, building roofs, and parking structures). (3) TERM OF POWER PURCHASE AGREEMENT.— essary to carry out this section. Notwithstanding any other provision of law (d) TRANSFERS OF AMOUNTS.— (b) IDENTIFICATION OF POTENTIAL LOCA- (including regulations), the term of a power (1) IN GENERAL.—The amounts required to TIONS.—Not later than 1 year after the date purchase agreement described in paragraph be transferred to the Fund under this section of the promulgation of regulations under (1) may not be longer than a period of 30 shall be transferred at least monthly from subsection (a), each Federal agency shall years. the general fund of the Treasury to the Fund complete the report of the agency that iden- (4) ALLOCATION OF INCREMENTAL COSTS.— on the basis of estimates made by the Sec- tifies potential locations described in sub- Each head of an executive agency (including retary of the Treasury. section (a).

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ADOPTION OF PERSONAL COMPUTER ‘‘(I) potential common communications (2) in the first sentence of subsection (f) (as POWER SAVINGS TECHNIQUES BY standards to allow data sharing and report- so redesignated), by striking ‘‘and (c)’’ and FEDERAL AGENCIES. ing; inserting ‘‘and (d)’’; and (a) IN GENERAL.—Not later than 180 days ‘‘(II) means of facilitating continuous com- (3) in subsection (g) (as so redesignated), by after the date of enactment of this Act, the missioning of buildings and evidence-based striking ‘‘subsection (b), (c), or (d) or for fail- Secretary of Energy, in consultation with maintenance of buildings and building sys- ure to carry out any recommendation under the Secretary of Defense, the Secretary of tems; and subsection (e)’’ and inserting ‘‘subsection (b), Veterans Affairs, and the Administrator of ‘‘(III) standards for sufficient levels of se- (d), or (e) or for failure to carry out any rec- General Services, shall issue guidance for curity and protection against cyber threats ommendation under subsection (f)’’. Federal agencies to employ advanced tools to ensure systems cannot be controlled by SEC. 11. ELIMINATION OF STATE MATCHING RE- allowing energy savings through the use of unauthorized persons; and QUIREMENT FOR ENERGY EFFI- computer hardware, energy efficiency soft- ‘‘(iii) an analysis of— CIENCY UPGRADES AT GUARD AND ware, and power management tools. ‘‘(I) the types of advanced metering and RESERVE ARMORIES AND READI- (b) REPORTS ON PLANS AND SAVINGS.—Not monitoring systems being piloted, tested, or NESS CENTERS. later than 90 days after the date of the installed in Federal buildings; and Section 18236 of title 10, United States issuance of the guidance under subsection ‘‘(II) existing techniques used within the Code, is amended— (a), each Federal agency shall submit to the private sector or other non-Federal govern- (1) in subsection (b), by striking ‘‘A con- Secretary of Energy a report that describes— ment buildings.’’. tribution’’ and inserting ‘‘Except as provided (1) the plan of the agency for implementing under subsection (e), a contribution’’; and SEC. 9. AVAILABILITY OF FUNDS FOR DESIGN UP- (2) by adding at the end the following new the guidance within the agency; and DATES. (2) estimated energy and financial savings subsection: from employing the tools described in sub- Section 3307, of title 40, United States ‘‘(e) A contribution made at an armory or section (a). Code, is amended— readiness center under paragraph (4) or (5) of (1) by redesignating subsections (d) section 18233(a) of this title for an energy ef- SEC. 7. FEDERAL ENERGY MANAGEMENT AND through (h) as subsections (e) through (i). re- DATA COLLECTION STANDARD. ficiency upgrade shall cover— spectively; and (a) IN GENERAL.—Not later than 1 year ‘‘(1) 100 percent of the cost of architec- (2) by inserting after subsection (c) the fol- tural, engineering and design services re- after the date of enactment of this Act, the lowing: Secretary of Energy, in consultation with lated to the upgrade (including advance ar- ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN the Secretary of Defense, the Administrator chitectural, engineering and design services UPDATES.— of General Services, and relevant industry under section 18233(e) of this title); and ‘‘(1) IN GENERAL.—Subject to paragraph (2), and nonprofit groups, shall develop and issue ‘‘(2) 100 percent of the cost of construction for any project for which congressional ap- guidance on a Federal energy management related to the upgrade (exclusive of the cost proval is received under subsection (a) and and data collection standard. of architectural, engineering and design for which the design has been substantially (b) REQUIREMENTS.—Guidance described in services).’’. completed but construction has not begun, subsection (a) shall include, at a minimum, a SEC. 12. AUDIT; REPORT. the Administrator of General Services may plan for the General Services Administration (a) AUDIT.—Not later than 180 days after use appropriated funds to update the project to publish energy consumption data for indi- the date of enactment of this Act, the Comp- design to meet applicable Federal building vidual Federal facilities on a single, search- troller General of the United States shall energy efficiency standards established able website, accessible by the public at no carry out an audit to determine— under section 305 of the Energy Conservation cost to access. (1) the cost-effectiveness of energy savings and Production Act (42 U.S.C. 6834) and other performance contracts; and SEC. 8. ADVANCED METERING BEST PRACTICES requirements established under section 3312. FOR ADVANCED METERING. (2) the ability of Federal agencies to man- ‘‘(2) LIMITATION.—The use of funds under Section 543(e) of the National Energy Con- age effectively energy savings performance paragraph (1) shall not exceed 125 percent of contracts. servation Policy Act (42 U.S.C. 8253(e) is the estimated energy or other cost savings amended by striking paragraph (3) and in- (b) REPORT.—Not later than 90 days after associated with the updates as determined the date described in subsection (a), the serting the following: by a life-cycle cost analysis under section 544 ‘‘(3) PLAN.— Comptroller General of the United States of the National Energy Conservation Policy shall submit to the appropriate committees ‘‘(A) IN GENERAL.—Not later than 180 days Act (42 U.S.C. 8254).’’. after the date on which guidelines are estab- of Congress a report that contains a descrip- lished under paragraph (2), in a report sub- SEC. 10. CONTINUOUS COMMISSIONING WITHIN tion of the results of the audit carried out THE FEDERAL BUILDING STOCK. mitted by the agency under section 548(a), under subsection (a). each agency shall submit to the Secretary a (a) IN GENERAL.—Section 3312 of title 40, plan describing the manner in which the United States Code, is amended— f agency will implement the requirements of (1) by redesignating subsections (c) paragraph (1), including— through (g) as subsections (d) through (h), SUBMITTED RESOLUTIONS ‘‘(i) how the agency will designate per- respectively; and sonnel primarily responsible for achieving (2) by inserting after subsection (b) the fol- the requirements; and lowing: ‘‘(ii) a demonstration by the agency, com- ‘‘(c) CONTINUOUS COMMISSIONING WITHIN THE SENATE RESOLUTION 495—RECOG- plete with documentation, of any finding FEDERAL BUILDING STOCK.— NIZING THE CONTINUED IMPOR- that advanced meters or advanced metering ‘‘(1) IN GENERAL.—Not later than 1 year TANCE OF VOLUNTEERISM AND devices (as those terms are used in paragraph after the date of enactment of the Improving NATIONAL SERVICE AND COM- (1)), are not practicable. Energy Efficiency and Renewable Energy MEMORATING THE ANNIVER- ‘‘(B) UPDATES.—Reports submitted under Use By Federal Agencies Act of 2010, the Ad- SARY OF THE SIGNING OF THE subparagraph (A) shall be updated annually. ministrator and the Secretary of Energy LANDMARK SERVICE LEGISLA- shall incorporate commissioning and re- ‘‘(4) BEST PRACTICES REPORT.— TION, THE EDWARD M. KENNEDY ‘‘(A) IN GENERAL.—Not later than 180 days commissioning standards (as those terms are after the date of enactment of the Improving defined in section 543(f) of the National En- SERVE AMERICA ACT Energy Efficiency and Renewable Energy ergy Conservation Policy Act (42 U.S.C. Ms. MIKULSKI submitted the fol- Use By Federal Agencies Act of 2010, the Sec- 8253(f))), for all real property that— lowing resolution; which was referred retary of Energy, in consultation with the ‘‘(A) is more than $10,000,000 in value; to the Committee on Health, Edu- ‘‘(B) has more than 50,000 square feet; or Secretary of Defense and the Administrator cation, Labor, and Pensions. of General Services, shall develop, and issue ‘‘(C) has energy intensity of more than $2 a report on, best practices for the use of ad- per square foot. S. RES. 495 vanced metering of energy use in Federal fa- ‘‘(2) REGULATIONS.—Not later than 180 days Whereas April 21, 2010, marks the first an- cilities, buildings, and equipment by Federal after the date of enactment of the Improving niversary of the signing of the Serve Amer- agencies. Energy Efficiency and Renewable Energy ica Act (Public Law 111–13; 123 Stat. 1460) ‘‘(B) UPDATING.—The report described Use By Federal Agencies Act of 2010, the Ad- (also known as the ‘‘Edward M. Kennedy under subparagraph (A) shall be updated an- ministrator and the Secretary of Energy Serve America Act’’); nually. shall promulgate such regulations as are Whereas the Serve America Act reauthor- ‘‘(C) COMPONENTS.—The report shall in- necessary to carry out this subsection.’’. ized the Corporation for National and Com- clude, at a minimum— (b) CONFORMING AMENDMENTS.—Section munity Service and the programs of the Cor- ‘‘(i) summaries and analysis of the reports 3312 of title 40, United States Code, is amend- poration through 2014, expanding opportuni- by agencies under paragraph (3) ; ed— ties for millions of people in the United ‘‘(ii) recommendations on standard re- (1) in subsection (e)(1) (as redesignated by States to serve this Nation; quirements or guidelines for automated en- subsection (a)(1)), by striking ‘‘and (c)’’ and Whereas the United States is experiencing ergy management systems, including— inserting ‘‘and (d)’’; a wave of new innovation and collaboration

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2594 CONGRESSIONAL RECORD — SENATE April 22, 2010 to increase volunteerism, as social entre- SENATE RESOLUTION 497—DESIG- Whereas the Senate has designated the preneurs try new approaches, technology in- NATING THE THIRD WEEK OF third week of April as ‘‘National Shaken creases access and expands service, and cor- APRIL 2010 AS ‘‘NATIONAL SHAK- Baby Syndrome Awareness Week’’ each year porate volunteers provide pro bono skills to EN BABY SYNDROME AWARE- since 2005; and nonprofit organizations; Whereas the Senate strongly supports ef- Whereas the Serve America Act increases NESS WEEK’’ forts to protect children from abuse and ne- volunteer opportunities for people of all ages Mr. DODD (for himself, Mr. ALEX- glect: Now, therefore, be it in the United States, with a focus on dis- ANDER, Mr. JOHNSON, Mr. LIEBERMAN, Resolved, That the Senate— advantaged youth, seniors, and veterans; (1) designates the third week of April 2010 and Mr. BAYH) submitted the following Whereas the Serve America Act promotes as ‘‘National Shaken Baby Syndrome Aware- social innovation by supporting and expand- resolution; which was considered and ness Week’’; ing proven programs and builds the capacity agreed to: (2) commends hospitals, childcare councils, of individuals, nonprofit organizations, and S. RES. 497 schools, community groups, and other orga- communities to volunteer; and Whereas the month of April has been des- nizations that are— Whereas the Serve America Act leverages ignated ‘‘National Child Abuse Prevention (A) working to increase awareness of the service to assist in meeting challenges in the Month’’ as an annual tradition initiated in danger of shaking young children; areas of education, health, clean energy, vet- 1979 by President Jimmy Carter; (B) educating parents and caregivers on erans assistance, and economic opportunity: Whereas the National Child Abuse and Ne- how they can help protect children from in- Now, therefore, be it glect Data System reports that 772,000 chil- juries caused by abusive shaking; and Resolved, That the Senate— (C) helping families cope effectively with (1) recognizes that service is of significant dren were victims of abuse and neglect in the United States in 2008, causing unspeakable the challenges of child-rearing and other value to the United States; and stresses in their lives; and (2) commemorates the first anniversary of pain and suffering for our most vulnerable citizens; (3) encourages the people of the United the Serve America Act (Public Law 111–13; States— 123 Stat. 1460) (also known as the ‘‘Edward Whereas approximately 95,000 of those children were younger than 1 year old; (A) to remember the victims of Shaken M. Kennedy Serve America Act’’); and Baby Syndrome; and (3) encourages every person in the United Whereas more than 4 children die each day in the United States as a result of abuse or (B) to participate in educational programs States to continue to answer the call to to help prevent Shaken Baby Syndrome. serve. neglect; Whereas children younger than 1 year old f f accounted for over 40 percent of all child SENATE RESOLUTION 496—DESIG- abuse and neglect fatalities in 2008, and chil- SENATE RESOLUTION 498—DESIG- NATING APRIL 23, 2010, AS ‘‘NA- dren younger than 4 years old accounted for NATING APRIL 2010 AS ‘‘NA- TIONAL ADOPT A LIBRARY DAY’’ nearly 80 percent of all child abuse and ne- TIONAL CHILD ABUSE PREVEN- glect fatalities in 2008; Mr. WEBB (for himself, Mr. WARNER, Whereas abusive head trauma, including TION MONTH’’ Mr. COCHRAN, and Ms. SNOWE) sub- the trauma known as Shaken Baby Syn- Ms. COLLINS (for herself and Mr. mitted the following resolution; which drome, is recognized as the leading cause of DODD) submitted the following resolu- was considered and agreed to: death among physically abused children; tion; which was referred to the Com- S. RES. 496 Whereas Shaken Baby Syndrome can re- mittee on the Judiciary: sult in loss of vision, brain damage, paral- Whereas libraries are an essential part of ysis, seizures, or death; S. RES. 498 the communities and the national system of Whereas medical professionals believe that Whereas, in 2008, approximately 772,000 education in the United States; children were determined to be victims of Whereas the people of the United States thousands of additional cases of Shaken benefit significantly from libraries that Baby Syndrome and other forms of abusive abuse or neglect; serve as an open place for people of all ages head trauma are being misdiagnosed or left Whereas, in 2008, an estimated 1,740 chil- and backgrounds to make use of books and undetected; dren died as a result of abuse or neglect; other resources that offer pathways to learn- Whereas Shaken Baby Syndrome often re- Whereas, in 2008, an estimated 80 percent of ing, self-discovery, and the pursuit of knowl- sults in permanent and irreparable brain the children who died due to abuse or neglect edge; damage or death of the infant and may re- were under the age of 4; Whereas the libraries of the United States sult in extraordinary costs for medical care Whereas, in 2008, of the children under the depend on the generous donations and sup- during the first few years of the life of the age of 4 who died due to abuse or neglect, the port of individuals and groups to ensure that child; majority were under the age of 1; people who are unable to purchase books Whereas the most effective solution for Whereas abused or neglected children have still have access to a wide variety of re- preventing Shaken Baby Syndrome is to pre- a higher risk in adulthood for developing sources; vent the abuse, and it is clear that the mini- health problems, including alcoholism, de- Whereas certain nonprofit organizations mal costs of education and prevention pro- pression, drug abuse, eating disorders, obe- facilitate the donation of books to schools grams may avert enormous medical and dis- sity, suicide, and certain chronic diseases; and libraries across the United States— ability costs and immeasurable amounts of Whereas a National Institute of Justice (1) to extend the joys of reading to millions grief for many families; study indicated that abused or neglected of people of the United States; and Whereas prevention programs have dem- children— (2) to prevent used books from being onstrated that educating new parents about (1) are 11-times more likely to be arrested thrown away; the danger of shaking young children and for criminal behavior as juveniles; and Whereas, as of the date of agreement to how to protect their children from injury (2) are 2.7-times more likely to be arrested this resolution, the libraries of the United can significantly reduce the number of cases for violent and criminal behavior as adults; States have provided valuable resources to of Shaken Baby Syndrome; Whereas an estimated 1/3 of abused or ne- individuals affected by the economic crisis Whereas education programs raise aware- glected children grow up to abuse or neglect by encouraging continued education and job ness and provide critically important infor- their own children; training; and mation about Shaken Baby Syndrome to Whereas providing community-based serv- Whereas several States that recognize the parents, caregivers, childcare providers, ices to families impacted by child abuse or importance of libraries and reading have child protection employees, law enforcement neglect may be far less costly than— adopted resolutions commemorating April 23 personnel, health care professionals, and (1) the emotional and physical damage in- as ‘‘Adopt A Library Day’’: Now, therefore, legal representatives; flicted on children who have been abused or be it Whereas National Shaken Baby Syndrome neglected; Resolved, That the Senate— Awareness Week and efforts to prevent child (2) providing to abused or neglected chil- (1) designates April 23, 2010, as ‘‘National abuse, including Shaken Baby Syndrome, are dren services, including child protective, law Adopt A Library Day’’; supported by groups across the United enforcement, court, foster care, or health (2) honors the organizations that facilitate States, including groups formed by parents care services; or donations to schools and libraries; and relatives of children who have been in- (3) providing treatment to adults recov- (3) urges all people of the United States jured or killed by shaking, whose mission is ering from child abuse; and who own unused books to donate the unused to educate the general public and profes- Whereas child abuse or neglect has long- books to local libraries; sionals about Shaken Baby Syndrome and to term economic and societal costs: Now, (4) strongly supports children and families increase support for victims and their fami- therefore, be it who take advantage of the resources pro- lies within the health care and criminal jus- Resolved, That the Senate— vided by schools and libraries; and tice systems; (1) designates April 2010 as ‘‘National Child (5) encourages the people of the United Whereas 20 States have enacted legislation Abuse Prevention Month’’; States to observe the day with appropriate related to preventing and increasing aware- (2) recognizes and applauds the national ceremonies and activities. ness of Shaken Baby Syndrome; and community organizations that work to

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2595 promote awareness about child abuse or ne- SENATE RESOLUTION 499—SUP- fective prevention and treatment meas- glect, including by identifying risk factors PORTING THE GOALS AND ures.’’; and developing prevention strategies; IDEALS OF WORLD MALARIA Whereas, under the new Global Health Ini- (3) supports the proclamation issued by DAY, AND REAFFIRMING UNITED tiative (GHI) launched by President Obama, President Obama declaring April 2010 as ‘‘Na- the United States Government is pursuing a STATES LEADERSHIP AND SUP- comprehensive, whole-of-government ap- tional Child Abuse Prevention Month’’; and PORT FOR EFFORTS TO COMBAT (4) should— proach to global health, focused on helping MALARIA AS A CRITICAL COMPO- (A) increase public awareness of prevention partner countries to achieve major improve- programs relating to child abuse or neglect; NENT OF THE PRESIDENT’S ments in overall health outcomes through transformational advances in access to, and and GLOBAL HEALTH INITIATIVE the quality of, healthcare services in re- (B) continue to work with the States to re- Mr. FEINGOLD (for himself, Mr. source-poor settings; and duce the incidence of child abuse or neglect WICKER, Mr. BROWN of Ohio, Mr. SPEC- Whereas recognizing the burden of malaria in the United States. TER, Mr. LUGAR, Mr. DURBIN, Mr. on many partner countries, GHI has set the Ms. COLLINS. Mr. President, it is CARDIN, Mr. SANDERS, Mrs. GILLIBRAND, target for 2015 of reducing the burden of ma- with a heavy heart that I rise today to Mr. JOHNSON, and Mr. INHOFE) sub- laria by 50 percent for 450,000,000 people, rep- mitted the following resolution; which resenting 70 percent of the at-risk population submit a resolution recognizing Child in Africa: Now, therefore, be it Abuse Prevention Month. I am honored was considered and agreed to: Resolved, That the Senate— to be joined by a longtime advocate of S. RES. 499 (1) supports the goals and ideals of World children, Senator DODD, in turning a Whereas April 25th of each year is recog- Malaria Day, including the achievable target spotlight on the issue of child abuse nized internationally as World Malaria Day; of ending malaria deaths by 2015; (2) calls upon the people of the United and neglect in this country. Senator Whereas malaria is a leading cause of death and disease in many developing coun- States to observe World Malaria Day with DODD and I share a common belief that tries, despite being completely preventable appropriate programs, ceremonies, and ac- children should be valued and nurtured and treatable; tivities to raise awareness and support to by both their families and the larger Whereas, according to the World Health save the lives of those affected by malaria; (3) recognizes the importance of reducing family of humankind. Organization, 35 countries, the majority of them in sub-Saharan Africa, account for 98 malaria prevalence and deaths to improve The effort to address child abuse percent of global malaria deaths; overall child and maternal health, especially transcends ideological and partisan Whereas young children and pregnant in sub-Saharan Africa; (4) commends the recent progress made to- lines. This is not a Democratic or Re- women are particularly vulnerable and disproportionately affected by malaria; ward reducing global malaria deaths and publican issue—this is an American Whereas malaria greatly affects child prevalence, particularly through the efforts issue—one that we can’t wish away, health, with estimates that children under of the President’s Malaria Initiative and the but that we must face head on and the age of 5 account for 85 percent of malaria Global Fund to Fight AIDS, Tuberculosis, work to eradicate. deaths each year; and Malaria; Whereas malaria poses great risks to ma- (5) welcomes ongoing public-private part- Abuse of children occurs in all seg- ternal health, causing complications during nerships to research and develop more effec- ments of our society, in rural, subur- delivery, anemia, and low birth weights, tive and affordable tools for malaria diag- ban, and urban areas and among all ra- with estimates that malaria infection causes nosis, treatment, and vaccination; (6) reaffirms the goals and commitments to cial, ethnic, and income groups. Ac- 400,000 cases of severe maternal anemia and from 75,000 to 200,000 infant deaths annually combat malaria in the Tom Lantos and cording to the 2008 Child Maltreatment in sub-Saharan Africa; Henry J. Hyde United States Global Leader- Study compiled by the U.S. Depart- Whereas heightened national, regional, and ship Against HIV/AIDS, Tuberculosis, and ment of Health and Human Services, international efforts to prevent and treat Malaria Reauthorization Act of 2008 (Public Law 110–293); during 2008, an estimated 772,000 chil- malaria over recent years have made meas- urable progress and have helped save hun- (7) supports continued leadership and in- dren were determined to be victims of dreds of thousands of lives; vestment by the United States in bilateral abuse or neglect, and an estimated Whereas the World Health Organization’s and multilateral efforts to combat malaria 1,740 children died as a result. World Malaria Report 2009 reports that ‘‘[i]n as a critical part of the President’s Global Health Initiative; and My home State of Maine is mourning countries that have achieved high coverage of their populations with bed nets and treat- (8) encourages other members of the inter- the death of 15-month old Damien ment programmes, recorded cases and deaths national community to sustain and scale up Lynn, who was allegedly murdered by due to malaria have fallen by 50%’’; their support and financial contributions for his mother’s boyfriend. Autopsy re- Whereas the World Health Organization’s efforts worldwide to combat malaria. World Malaria Report 2009 further states ports show that little Damien had bro- f that ‘‘[t]here is evidence from Sao Tome and ken bones and ribs, head and abdom- Principe, Zanzibar and Zambia that large de- AMENDMENTS SUBMITTED AND inal injuries, and a human bite mark creases in malaria cases and deaths have PROPOSED on his right arm. It is in Damien’s been mirrored by steep declines in all-cause memory, and that of the thousands of deaths among children less than 5 years of SA 3729. Mr. COBURN proposed an amend- age’’; ment to the concurrent resolution H. Con. children who are abused and neglected Whereas continued national, regional, and Res. 255, commemorating the 40th anniver- each year, that I come to the floor international investment is critical to con- sary of Earth Day and honoring the founder today. tinue to reduce malaria deaths and to pre- of Earth Day, the late Senator Gaylord Nel- son of Wisconsin. The time has come for Americans to vent backsliding in those areas where progress has been made; unite in an all-out effort to eradicate Whereas the United States Government f child abuse. Child Abuse Prevention has played a major leadership role in the re- TEXT OF AMENDMENTS Month is an opportunity for commu- cent progress made toward reducing the nities across the country to keep chil- global burden of malaria, particularly SA 3729. Mr. COBURN proposed an through the President’s Malaria Initiative amendment to the concurrent resolu- dren safe, provide the support families and the United States contribution to the tion H. Con. Res. 255, commemorating need to stay together, and raise chil- Global Fund to Fight AIDS, Tuberculosis, the 40th anniversary of Earth Day and dren and youth to be happy, secure, and Malaria; honoring the founder of Earth Day, the and stable adults. Whereas President Barack Obama said on World Malaria Day in 2009, ‘‘It is time to relate Senator Gaylord Nelson of Wis- To paraphrase Mahatma Gandhi, double our efforts to rid the world of a dis- consin; as follows: ‘‘You can judge a society by how they ease that does not have to take lives. To- Strike the preamble and insert the fol- treat their weakest members.’’ This gether, we have made great strides in ad- lowing: resolution is sad commentary that we dressing this preventable and treatable dis- Whereas Gaylord Nelson, former United ease. . . Together, we can build on this States Senator from Wisconsin, is recognized have to do more to protect those who progress against malaria, and address a as one of the leading environmentalists of are in the dawn of life, the most vul- broad range of global health threats by in- the 20th Century who helped launch an inter- nerable among us, our children. vesting in health systems, and continuing national era of environmental awareness and our work with partners to deliver highly ef- activism;

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Whereas Gaylord Nelson grew up in Clear COMMITTEE ON COMMERCE, SCIENCE, AND SELECT COMMITTEE ON INTELLIGENCE Lake, Wisconsin, and rose to national promi- TRANSPORTATION Mrs. BOXER. Mr. President, I ask nence while exemplifying the progressive Mrs. BOXER. Mr. President, I ask unanimous consent that the Select values instilled in him; unanimous consent that the Com- Committee on Intelligence be author- Whereas Gaylord Nelson served with dis- mittee on Commerce, Science, and ized to meet during the session of the tinction in the Wisconsin State Senate from Transportation be authorized to meet 1949 to 1959, as Governor of the State of Wis- Senate on April 22, 2010, at 2:30 p.m. consin from 1959 to 1963, and in the United during the session of the Senate on The PRESIDING OFFICER. Without States Senate from 1963 to 1981; April 22, 2010, at 2:30 p.m. in room 253 of objection, it is so ordered. Whereas Gaylord Nelson founded Earth the Russell Senate Office Building. SPECIAL COMMITTEE ON AGING Day, which was first celebrated on April 22, The PRESIDING OFFICER. Without Mrs. BOXER. Mr. President, I ask 1970, by 20 million people across the United objection, it is so ordered. unanimous consent that the Special States, making the celebration the largest COMMITTEE ON FOREIGN RELATIONS Committee on Aging be authorized to environmental grassroots event in history at Mrs. BOXER. Mr. President, I ask meet on April 22, 2010, from 2–5 p.m. in that time; unanimous consent that the Com- Whereas Gaylord Nelson called on Ameri- Dirksen 562 for the purpose of con- cans to hold their elected officials account- mittee on Foreign Relations be author- ducting a hearing. able for protecting their health and the nat- ized to meet during the session of the The PRESIDING OFFICER. Without ural environment on that first Earth Day, an Senate on April 22, 2010, at 10:30 a.m., objection, it is so ordered. action which launched the Environmental to conduct a hearing entitled ‘‘Pro- SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- Decade, an unparalleled period of legislative moting Global Food Security.’’ AGEMENT, GOVERNMENT INFORMATION, FED- and grassroots activity that resulted in pas- The PRESIDING OFFICER. Without ERAL SERVICES, AND INTERNATIONAL SECU- sage of 28 major pieces of environmental leg- objection, it is so ordered. RITY islation from 1970 to 1980, including the COMMITTEE ON HEALTH, EDUCATION, LABOR, Mrs. BOXER. Mr. President, I ask Clean Air Act, the Clean Water Act, and the AND PENSIONS unanimous consent that the Com- National Environmental Education Act; Mrs. BOXER. Mr. President, I ask mittee on Homeland Security and Gov- Whereas Gaylord Nelson was responsible ernmental Affairs’ Subcommittee on for legislation that created the Apostle Is- unanimous consent that the Com- lands National Lakeshore and the St. Croix mittee on Health, Education, Labor, Federal Financial Management, Gov- Wild and Scenic Riverway and protected and Pensions be authorized to meet, ernment Information, Federal Serv- other important Wisconsin and national during the session of the Senate, to ices, and International Security be au- treasures; conduct a hearing entitled ‘‘Meeting thorized to meet during the session of Whereas Gaylord Nelson sponsored legisla- the Needs of the Whole Student’’ on the Senate on April 22, 2010, at 3:30 p.m. tion to ban phosphates in household deter- April 22, 2010. The hearing will com- to conduct a hearing entitled, ‘‘The Fu- gents and he worked tirelessly to ensure mence at 10 a.m. in room 106 of the ture of the U.S. Postal Service.’’ clean water and clean air for all Americans; The PRESIDING OFFICER. Without Whereas in addition to his environmental Dirksen Senate Office Building. leadership, Gaylord Nelson fought for civil The PRESIDING OFFICER. Without objection, it is so ordered. rights; objection, it is so ordered. SUBCOMMITTEE ON OCEANS, ATMOSPHERE, FISHERIES, AND COAST GUARD Whereas Gaylord Nelson was a patriot, who COMMITTEE ON INDIAN AFFAIRS as a young soldier honorably served 46 Mrs. BOXER. Mr. President, I ask Mrs. BOXER. Mr. President, I ask months in the Armed Forces during World unanimous consent that the Com- unanimous consent that the Sub- War II, and then, as Senator, worked to ban mittee on Indian Affairs be authorized committee on Oceans, Atmosphere, the use of the toxic defoliant Agent Orange; Fisheries, and Coast Guard of the Com- Whereas, in 1995, Gaylord Nelson was to meet during the session of the Sen- ate on April 22, 2010, at 2:15 p.m. in mittee on Commerce, Science, and awarded the highest honor accorded civilians Transportation be authorized to meet in the United States, the Presidential Medal Room 628 of the Dirksen Senate Office of Freedom; Building. during the session of the Senate on Whereas Gaylord Nelson’s legacy includes The PRESIDING OFFICER. Without April 22, 2010, at 10 a.m., in room 253 of generations of Americans who have grown up objection, it is so ordered. the Russell Senate Office Building. The PRESIDING OFFICER. Without with an environmental ethic and an appre- COMMITTEE ON THE JUDICIARY ciation and understanding of their roles as Mrs. BOXER. Mr. President, I ask objection, it is so ordered. stewards of the environment and the planet; unanimous consent that the Com- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT and MANAGEMENT, THE FEDERAL WORKFORCE, mittee on the Judiciary be authorized Whereas Gaylord Nelson was an extraor- AND THE DISTRICT OF COLUMBIA dinary statesman, public servant, environ- to meet during the session of the Sen- Mrs. BOXER. Mr. President, I ask mentalist, husband, father, and friend, and ate, on April 22, 2010, at 10 a.m., in SD– unanimous consent that the Com- who never let disagreement on the issues be- 226 of the Dirksen Senate Office Build- come personal or partisan: mittee on Homeland Security and Gov- ing, to conduct an executive business ernmental Affairs’ Subcommittee on meeting. Oversight of Government Management, f The PRESIDING OFFICER. Without the Federal Workforce, and the Dis- objection, it is so ordered. AUTHORITY FOR COMMITTEES TO trict of Columbia be authorized to MEET COMMITTEE ON THE JUDICIARY meet during the session of the Senate Mrs. BOXER. Mr. President, I ask COMMITTEE ON ARMED SERVICES on April 22, 2010, at 10 a.m. to conduct unanimous consent that the Com- a hearing entitled ‘‘After the Dust Set- Mrs. BOXER. Mr. President, I ask mittee on the Judiciary be authorized unanimous consent that the Com- tles: Examining Challenges and Les- to meet during the session of the Sen- sons Learned in Transitioning the Fed- mittee on Armed Services be author- ate, on April 22, 2010, at 3 p.m., in SD– ized to meet during the session of the eral Government.’’ 226 of the Dirksen Senate Office Build- The PRESIDING OFFICER. Without Senate on April 22, 2010, at 9:30 a.m. ing, to conduct a hearing entitled objection, it is so ordered. The PRESIDING OFFICER. Without ‘‘Nominations.’’. Mr. CASEY. Mr. President, I ask objection, it is so ordered. The PRESIDING OFFICER. Without unanimous consent that the order for COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. the quorum call be rescinded. AFFAIRS COMMITTEE ON RULES AND ADMINISTRATION The PRESIDING OFFICER. Without Mrs. BOXER. Mr. President, I ask Mrs. BOXER. Mr. President, I ask objection, it is so ordered. unanimous consent that the Com- unanimous consent that the Com- f mittee on Banking, Housing, and mittee on Rules and Administration be Urban Affairs, be authorized to meet authorized to meet during the session COMMEMORATING THE 40TH during the session of the Senate on of the Senate on April 22, 2010, at 10 ANNIVERSARY OF EARTH DAY April 22, 2010, at 10 a.m. to conduct a a.m., to conduct a hearing entitled Mr. CASEY. Mr. President, I ask hearing entitled ‘‘China’s Exchange ‘‘Examining the Filibuster: History of unanimous consent that the Senate Rate Policy and Trade Imbalances.’’ the Filibuster 1789–2008.’’ proceed to the immediate consider- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ation of H. Con. Res. 255, which was re- objection, it is so ordered. objection, it is so ordered. ceived from the House.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2597 The PRESIDING OFFICER. The for Senators interested in sustainable The economy of the 21st century will clerk will report. and sensible growth, and has supported be built on infrastructure powered by The legislative clerk read as follows: locally driven, federally supported clean energy, and, as Gaylord Nelson A concurrent resolution (H. Con. Res. 255) smart growth practices. once wrote, ‘‘all economic activity de- commemorating the 40th anniversary of Supporting and enjoying Michigan’s pends upon the . . . air, water, soil, for- Earth Day and honoring the founder of Earth parks and trails are also important as- est, minerals, wetlands, rivers, lakes, Day, the late Senator Gaylord Nelson of Wis- pects of this Earth Day celebration. oceans, wildlife habitat, and scenic consin. Last year, I helped establish the Bea- beauty.’’ These, he said, ‘‘are the accu- There being no objection, the Senate ver Basin area as Wilderness at Pic- mulated capital resources of a nation. proceeded to consider the concurrent tured Rocks National Lakeshore and I Take them away and what you have resolution. am currently working on another Wil- left is a wasteland.’’ Mr. LEVIN. Mr. President, today is derness designation in the Sleeping Today, as the world pauses to con- the 40th anniversary of Earth Day, a Bear Dunes National Lakeshore. It is sider the awe-inspiring power of our day set aside to appreciate the environ- important for the public to have access choices, let us reflect on what we stand ment. In 1970, Senator Gaylord Nelson to these areas so they can enjoy mag- to lose if we fail to act and what we from Wisconsin recognized the power of nificent vistas, quiet streams, fresh- stand to gain if we make the commit- campus activism and established Earth water lakes, forests and prairies, and ment to improve the air, water, and Day as a way to highlight the environ- other natural beauty. To promote ac- land upon which we depend. It is clear mental problems this Nation faced—air cess and conservation, I have also that Earth Day is not about the next pollution from factories, water pollu- worked to improve the North Country government proclamation or regulation from unregulated discharges, and National Scenic Trail, which runs tion; this day is about the actions of toxic waste dumps. After Congress through Michigan, by helping to pro- individuals the amazing power of one passed legislation to designate April 22 vide ‘‘willing seller authority’’ to help person to accomplish change. as Earth Day, Congress passed several the trail be completed more quickly. The threats to our planet are global; bills to protect the environment in- When completed, the trail will span they are broad and overwhelming. But cluding the Clean Water Acts, the Na- seven States and roughly 4,600 miles, they are also very personal. The tional Wild and Scenic Rivers Act, the approximately 1,000 miles of which will choices we make today will shape our Federal Pesticides Act, the Clean Air be located in Michigan, preserving crit- world for generations to come. Though Act, the Environmental Education Act, ical outdoor recreational opportunities it may seem improbable to suggest and the National Hiking Trails and the while providing a boost to the local that each person has the power to National Scenic Trails Acts. economies along the trail. make a change, in saving our planet Because Michigan is surrounded by Michigan is blessed to have so many and improving our communities, it is four of the five Great Lakes, the prob- natural resources. It is important that certainly true. lems plaguing the lakes have an enor- we recognize that we are just tem- It is estimated that by the year 2050, mous impact on Michigan. A genera- porary stewards and that we protect 40 years from now, the global popu- tion ago, the Great Lakes were a huge and restore our resources for current lation will be 9.4 billion people, adding reservoir of persistent toxic sub- and future generations. more strain to our ecosystems. If per- stances, but they have improved mark- Mr. LEAHY. Mr. President, today our sonal responsibility for the Earth is edly since that time. The Environ- Nation marks the 40th anniversary of truly as simple as conserving water, mental Protection Agency, EPA, esti- Earth Day. For four decades, Ameri- choosing public transportation or car- mates that the Great Lakes Critical cans have joined together on April 22 pooling whenever possible, making Programs Act, which I sponsored in to celebrate our environment and to your home more energy efficient, buy- 1990, has reduced direct toxic water dis- commit ourselves to fostering a ing local sustainably produced food, re- charges by millions of pounds per year. healthier world. What Senator Gaylord cycling and reusing goods, there is lit- In addition, since 2002, the EPA esti- Nelson began as a grassroots response tle reason for any of us to deny our in- mates that close to 900,000 cubic yards to widespread environmental degrada- dividual power to bring about change. of contaminated sediment have been tion in the 1970s has grown to become It is all too easy to imagine that the removed under the Great Lakes Legacy the foundation of the modern environ- problems people currently face are a Act at 5 of the 31 U.S. ‘‘Areas of Con- mental movement and an annual rec- world away—across an ocean, on other cern’’ in the Great Lakes, thirteen of ognition of Earth Day. For 40 years, continents. It is too easy to imagine which are found in Michigan. Americans have used this day to orga- problems such as a lack of clean water, While the Great Lakes have made nize events and participate in activi- vicious storms, and insufficient food strides in recovering, historical prob- ties to draw attention to environ- supplies as not our own. I know that lems still exist and new problems are mental issues and to promote environ- when it comes to the future of the on the horizon. There are still hun- mental awareness and reform. Today, Earth, the continent that seems so re- dreds of fish advisories issued every on the 40th anniversary of Earth Day, moved could just as easily be my back- year; the number of beach closings re- we can be proud of the many steps we yard. On this 40th Earth Day, I am mains high; Lake Erie is once again ex- have taken to clean up the environ- proud to call Vermont, the Green periencing a ‘‘dead zone’’ from high ment. With the hard work and dedica- Mountain State, my home, and levels of phosphorus; and a new tion of many, we have made progress. Vermont has been a leader in helping invasive species enters the Great Lakes But there is more work to be done and to show the way forward in protecting about every 8 months. Last year, Con- we are facing many new threats. the Earth. gress provided $475 million for com- Now for the first time since the pas- As we celebrate the 40th anniversary prehensive Great Lakes restoration ef- sage of the landmark environmental of Earth Day, each of us can renew our forts. laws of the 1970s, we are close to mak- commitment to our planet—our home. Because of its industrial past, Michi- ing significant strides to address envi- We can use our power as individuals to gan has faced some challenges with ronmental, climate, and energy-related work together toward a cleaner envi- contaminated properties, including issues. Bipartisan legislation is being ronment and a healthier planet. As complications related to redevelop- developed in both the House of Rep- part of the legacy we leave for our chil- ment. This is why I have also long been resentatives and the Senate, and sig- dren and our grandchildren, let them a supporter of brownfields redevelop- nificant steps have been taken already enjoy a society that is secure in its ment and smart growth efforts, which by this administration to ease the im- commitment to a healthy and environ- connect environmental goals with eco- pact of human activities on the natural mentally sound future. On this 40th an- nomic and community development ob- world, for our benefit, and for the ben- niversary of Earth Day, while we re- jectives. In 1999, I joined my former efit of generations to come. We do not member the pioneering spirit of Gay- colleague, Senator Jim Jeffords to have to choose between creating jobs lord Nelson, we must honor his legacy form the Senate Smart Growth Task and protecting the environment or be- and continue turning his words into ac- Force. The task force serves as a forum tween jobs and solving climate change. tion.

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S2598 CONGRESSIONAL RECORD — SENATE April 22, 2010 Mr. KOHL. Mr. President, today I challenge we must face is climate Four decades later, Earth Day serves rise to recognize one of our most change. as a consequential reminder of what we prominent Wisconsinites, Gaylord Nel- From lower lake levels, to more have achieved since 1970, and what we son, the founder of Earth Day. invasive species, the consequences of still have left to accomplish, especially On April 22, 1970, 20 million Ameri- unchecked climate change could be as we evaluate the current state of our cans paused for a day to celebrate our devastating to the people of Wisconsin. environment. In that light, on this planet and press for the urgent actions Climate change isn’t just a threat, it is Earth Day, as the ranking member of needed to preserve and protect it. As also an opportunity. Structured cor- Oceans, Atmosphere, Fisheries, and we observe this 40th anniversary of the rectly, the solutions to slowing climate Coast Guard, I held a hearing on the first Earth Day, we once again reflect change can also speed up our economic threat of acidification on the largest on the necessity of a clean and safe en- recovery. ecosystems of the world, our oceans. vironment, celebrate the successes of Remarkable research and develop- And while the expert witnesses out- the last four decades, and consider the ment is happening today in Wisconsin lined the daunting hurdles of this 21st long way we still must go to achieve on products for cleaner water, ad- century challenge to our lobster indus- the goals laid out that day. vanced battery technology, and using try and the beautiful coral reefs of the In Wisconsin, we also stop to remem- waste from farms and forests to make world, it is encouraging at the same ber and honor one of our most promi- advanced biofuels. We have companies time to reflect upon the past chal- nent citizens. developing products to harness the lenges we’ve met that seemed insur- Earth Day was born out of the pas- power of the sun to replace traditional mountable. sion of Gaylord Nelson. His life was one interior lighting, retrofitting heavy- In 1970, there were less than 50 bald of service from the Pacific theater dur- duty trucks into hybrids, and manufac- eagle nesting pairs in Maine, today ing World War II, to the State House as turing energy-efficient hot water heat- there are at least 477. This extraor- a State Senator and Governor, and to ers. dinary increase came to fruition Washington, DC where he served Wis- In Congress, legislative work to ad- through a combination of the federal consin as a U.S. Senator for nearly 20 dress climate change is ongoing. With banning of DDT and a concerted effort years. the right mixture of requirements and by Mainers who volunteered to track When Gaylord came to Washington, incentives, we can achieve a policy our sacred national symbol and con- he did so with a mission to bring envi- that reduces our dependence on foreign serve its habitat. Furthermore, just ronmental causes to the forefront of oil, cuts greenhouse gas emissions, low- last year, the Commissioner of the the national debate. He believed that ers prices at the pump and on the elec- Maine Department of Inland Fisheries the cause of environmentalism needed tricity bill, and creates good-paying and Wildlife remarkably and thank- as much attention as national defense. jobs that cannot be outsourced. fully was able to recommend the re- For his first years in the Senate, his We do not have to choose between moval of the Bald Eagle from Maine’s cause was lonely. In 1966, his bill to ban the environment and the economy, be- list of Endangered and Threatened Spe- the pesticide DDT garnered no cospon- tween jobs and solving climate change. cies. It was a combination of dedicated sors. Gaylord Nelson made this point over attention by Mainers as well as public Gaylord knew that only with the and over again. He once wrote that ‘‘all policies that made this success a re- grassroots support of regular Ameri- economic activity depends upon the ality. And in Maine’s iconic rivers and cans, could the environmental agenda air, water, soil, forest, minerals, wet- waterways fish are returning and our rise to prominence. His idea for Earth lands, rivers, lakes, oceans, wildlife air quality has improved. Day came from the student teach-ins of habitats, and scenic beauty.’’ These, he Nationally, for nearly 10 years, I the 1960s, but his cause inspired people said, ‘‘are the accumulated capital re- have been pleased to join forces with across boundaries of age, race and loca- sources of the nation. Take them away my good friend and colleague, Senator tion. This year, more than one billion and what you have left is a wasteland.’’ DIANNE FEINSTEIN, to implement tech- people around the world will come to- On this 40th anniversary of Earth nology available today and raise fuel gether in the same way they did 40 Day, while we remember the pioneering economy standards for our Nation’s years ago. sprit of Gaylord Nelson, we must honor automobile fleet. And finally, in 2007 In a speech on that historic day in his legacy by turning words into ac- we passed legislation that will cut air 1970, Gaylord noted that his goal was tion. pollution, reduce our consumption of not just one of clean air and water, but Ms. SNOWE. Mr. President, 40 years foreign oil, and save money at the gas also ‘‘an environment of decency, qual- ago, Senator Gaylord Nelson attempted pump which will be of benefit to every- ity and mutual respect for all other to bring attention to a degraded envi- one, especially those in the rural parts human beings and all other living crea- ronment through a day dedicated to of my state. And earlier this month, tures.’’ He told the crowd that America our planet. On April 22, 1970, environ- these rules were finalized and will save could meet the challenge through our mental issues, as they are today, were 1.8 billion barrels of oil over the life of technology. The unanswered question challenging oxygen levels in the cars and trucks sold between the 2012 was, he said, ‘‘Are we willing?’’ Androscoggin River in my great state and 2016 model years. This welcomed That question was answered with a of Maine frequently reached zero dur- and long overdue advancement will re- resounding yes. That year saw the cre- ing the summer, resulting in the death duce greenhouse gas emissions from ation of the Environmental Protection of nearly all fish and other aquatic life our vehicles by 21 percent by 2030 and Agency and the passage of the Clean in the river and carbon monoxide and represents the most significant effort Air Act. In 1972, 6 years after Gaylord ozone emissions significantly degraded so far to combat climate change. Nelson stood alone on his proposed our country’s air quality. The environ- When we commemorate the 50th an- DDT ban, its use was ended. Later mental, economic, and personal costs niversary of Earth Day in just 10 years years would bring better protection of of a failure to recognize the benefits of from now, let it be said that in 2010, we drinking water, emissions and effi- a healthy environment had reached a made great strides in improving our ciency standards for cars, programs to tipping point for many American citi- energy efficiency in our homes and of- cleanup brownfields sites, and the pro- zens who demanded action both fices, we reduced the number of miles tection and preservation of our forests, through greater awareness of personal that we drive on a weekly basis, we rivers, mountains and oceans. environmental decisions and through mitigated carbon dioxide emissions, Despite that progress and I imagine new public laws. Millions of Ameri- and we reduced the amount of oil we Gaylord would be the first to note this cans, as Senator Nelson said, ‘‘orga- import. Above all, let us hope we can we still have much work ahead of us. nized themselves’’ to not only protest look back and say we were able to We must use this anniversary to com- the degradation of our environment, forge comprehensive energy legislation mit to another environmental decade. but also to educate each other on per- that spoke not just to our goals for The needs of 40 years ago cleaner sonal steps to reduce waste, increase protecting the environment and har- water, cleaner air, more protection of recycling, and together improve the nessing new sources for energy, for en- our lands are still here, but the next condition of environment around us. suring greater not lesser energy

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2599 independence, but that reflected once On April 22, 1970, after years of plan- We risk our long-term economic and again the hallmark vision, ingenuity, ning, Earth Day activities stretched national security. and can-do spirit that have always from college campuses, to city parks, Yet no longer do environmental and driven this great land for whom no to community halls across the country. economic objectives conflict with each task is too daunting and no adversity That citizen call to action spurred other. No longer do we needlessly pick too steep. decades worth of environmental protec- winners and losers among regions, Mr. BROWN of Ohio. Mr. President, tions that have improved the health of workers, and industries. earlier today—the 40th Anniversary of our Nation’s air, streams, lakes, and We have seen how despite our popu- Earth Day—on the grounds of the U.S. rivers. lation growing by 50 percent in the Capitol, I test drove the energy-effi- Today, Earth Day is celebrated past 40 years and the number of cars on cient, fuel cell-powered Chevy Cruze. around the world. And today, our col- the road having doubled over that same Across Ohio, next-generation fuel-ef- lege campuses are once again spurring time, our air is 60 percent cleaner than ficient vehicles are being built. GM re- our Nation’s environmental innova- at the time of the first Earth day in cently announced that its plant in tion. 1970, all while our economy has grown Lordstown, OH—near Youngstown in In northeastern Ohio, Oberlin College like no other in the history of the Trumball County—would bring back a built one of the Nation’s first—and at world. third shift of workers to the assembly the time the largest—solar-powered Done right, our Nation can become line to build the Cruze. building in the Nation. The college is energy independent, improve its global Twelve hundred jobs are expected to also working with the city of Oberlin competitiveness, and create new jobs be created building this new line of to develop green spaces and energy effi- and technologies for our workforce. fuel-efficient cars that will reduce our cient living. As we plant the seeds for economic dependence on foreign oil and reduce Baldwin Wallace has one of the Na- growth—for new jobs in new indus- the pollution of our air. tion’s only academic programs strictly tries—we are also planting the seeds Forty years ago, many were hard- devoted to sustainability practices. for a cleaner, more sustainable envi- pressed to see how environmental and Case Western is partnering with the ronment. economic objectives could coexist. Cleveland Foundation to build the And that is what Earth Day rep- The Cuyahoga River burned in Cleve- world’s first wind turbines in fresh resents—for workers making the Cruze land and oil spills marred the beaches water. in Lordstown or activists continuing to of Santa Barbara. In northwestern Ohio, the University push for a cleaner environment. With Lake Erie dying, Americans de- of Toledo’s Clean and Alternative En- Earth Day reminds us to call upon manded an end to the polluted air and ergy Incubator has helped entre- our history of innovation and persever- water that threatened the public preneurs and business make Toledo a ance to usher in a new era of prosperity health and safety of our Nation. national leader in solar energy jobs. for our Nation and sustainability for Such tragedies served as catalysts Bowling Green State University has our plant. that established the Environmental the first and largest commercial scale Mr. CASEY. Mr. President, I rise Protection Agency, EPA, passed the wind farm in Ohio and the Midwest. today to mark the 40th anniversary of Clean Air and Clean Water Acts, and In Central Ohio, the Ohio State Uni- Earth Day. Started in 1970 by Wiscon- formed a public and political con- versity is partnering with Battelle and sin’s Senator Gaylord Nelson as an en- science to safeguard our environment. Edison Welding to develop cutting-edge vironmental teach-in, Earth Day has Today, the Cuyahoga River—41 years advanced alternative energy sources. become a global event. More than 20 after the fire—is cleaner and healthier; In southern Ohio, Ohio University is million people participated in the first more than 60 different fish species are conducting a full-scale wind-data col- Earth Day and that number has grown thriving, and countless families are lection project in Appalachia to iden- to over 500 million in 175 countries. again enjoying its natural beauty. tify the best wind-energy resources Since the first Earth Day, the United The modern environmental move- within a 2,000-square-mile 7-county re- States has made significant strides in ment was marked by the efforts of citi- gion. improving the quality of our environ- zens demanding that their government And just this week the University of ment—our air, our water, our land, and protect our health by protecting our Cincinnati was named one of the our natural resources. The days of hav- environment. greenest universities in the country. Like so many times throughout our Across Ohio, from Youngstown State ing to turn on street lights in down- Nation’s history, citizen activism University to Akron University to the town Pittsburgh at noon because of the served as vehicle for change. University of Dayton and Stark State pollution emitted by coal plants, steel The 1960s, the third progressive era of Community College, Ohio’s campuses mills, and other industries are long the 20th century, was defined by pas- continue to be a breeding ground of in- gone. sage of Medicare and Medicaid, the novation. No longer does the Cuyahoga River in Higher Education Act, the Voting The activism and expertise of our Ohio catch fire due to the uncontrolled Rights Act, the Elementary and Sec- students and entrepreneurs mark tre- discharge of oil and other pollutants. ondary Education Act, and the Civil mendous progress toward a more sus- Long gone too is the mining of coal and Rights Act. tainable environment. other minerals without regard to the Rachel Carson’s 1962 ‘‘Silent Spring’’ It is a progress that has led to the impact on land or water. And today, helped the environmental movement largest investment in clean energy and one can hike through Yellowstone Na- educate elected officials and industry environmental sustainability in our tional Park or the Upper Peninsula of leaders about threats to human safety Nation’s history. Michigan and hear the howling of and the importance of environmental The American Recovery and Rein- wolves, a species that was almost com- sustainability. vestment Act is making historic in- pletely wiped out in the lower 48 U.S. Senator Gaylord Nelson of Wis- vestments to make our water and States. These are just a few examples consin persuaded President Kennedy to sewer systems safer, our clean energy of how our Nation has embraced the raise the importance of the conserva- sources more affordable and available. tenants of environmental awareness tion through a 5-day, 11 State tour in And Ohio’s history of manufacturing put forth on that first Earth Day in September 1963. excellence and cutting edge entre- 1970. Senator Nelson took the energy of preneurs is leading the Nation in Re- Let me relate to you another story of that tour and found it mirrored across covery Act funds used for clean energy. our Nation’s environmental progress the country in the public’s desire for For four decades, the environmental that is a source of particular pride for cleaner air and water. movement has made clear that without Pennsylvanians. Rachel Carson is con- Today, we celebrate Senator Nelson’s action, we face dangerous considered one of the pioneers of the envi- vision of Earth Day—how his teach-ins sequences. We risk the health of citi- ronmental movement in the United and grassroots plea translated the zens, the viability of our coastal areas, States. Ms. Carson was born in 1907 and public’s concern for the environment and the productivity of our State’s grew up on a small family farm near into political action. farms, forests, and fisheries. Springdale in western Pennsylvania,

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We must move forward with Wild and Scenic Riverway and protected biologist with what was then the U.S. climate and energy legislation that other important Wisconsin and national Bureau of Fisheries. will put us on a path that ends our treasures; Her seminal work in 1962, Silent unsustainable reliance on foreign en- Whereas Gaylord Nelson sponsored legisla- Spring, brought to the forefront the ergy. A path that will create new, tion to ban phosphates in household deter- dangers of DDT and other pesticides. clean energy jobs and that will regain gents and he worked tirelessly to ensure DDT was a major cause of decline in our competitive edge over countries clean water and clean air for all Americans; the population of birds of prey, includ- like China, which is out-investing us Whereas in addition to his environmental leadership, Gaylord Nelson fought for civil ing the peregrine falcon. Because of the and out-innovating us when it comes to rights; efforts of Ms. Carson and others, DDT new energy technologies. A path that Whereas Gaylord Nelson was a patriot, who was eventually banned from use in the regains control of our environment, as a young soldier honorably served 46 United States in 1972. Today, peregrine our economy, and our national secu- months in the Armed Forces during World falcons have returned to much of their rity. War II, and then, as Senator, worked to ban former range, including a pair of fal- Let me close with a quote from Ra- the use of the toxic defoliant Agent Orange; cons that have been nesting on the chel Carson. It goes, ‘‘Those who con- Whereas, in 1995, Gaylord Nelson was Pennsylvania Department of Environ- template the beauty of the earth find awarded the highest honor accorded civilians in the United States, the Presidential Medal mental Protection office tower in Har- reserves of strength that will endure as of Freedom; risburg, which fittingly, is named the long as life lasts.’’ So, as we celebrate Whereas Gaylord Nelson’s legacy includes Rachel Carson Building. Earth Day today, let us all take a mo- generations of Americans who have grown up Ms. Carson’s call to action on the en- ment to consider the beauty and won- with an environmental ethic and an appre- vironment was also a driving force be- der of the natural world around us. ciation and understanding of their roles as hind a 1972 amendment to the Pennsyl- And let us use the strength we take stewards of the environment and the planet; vania Constitution clearly articulates away from these moments to continue and the right of Pennsylvania’s citizens to to preserve and protect our Nation’s Whereas Gaylord Nelson was an extraor- clean air, pure water, and the preserva- dinary statesman, public servant, environ- rich natural history and environment mentalist, husband, father, and friend, and tion of the natural, scenic, historic and for our children and grandchildren. So who never let disagreement on the issues be- esthetic values of the environment, and that future generations will always come personal or partisan: ensuring these rights to generations have a clean environment, a robust The preamble, as amended, was yet to come. economy, and a secure Nation. agreed to. The first Earth Day was also a major Mr. CASEY. Mr. President, I ask impetus for our Nation to move for- unanimous consent that the concur- f ward with a myriad of Federal legisla- rent resolution be agreed to; that a SUPPORTING GOALS AND IDEALS tion—including the Clean Water Act, Coburn substitute amendment to the OF WORLD MALARIA DAY Clean Air Act, Surface Mining Control preamble be agreed to; the preamble, Mr. CASEY. Mr. President, I ask and Reclamation Act, and the Endan- as amended, be agreed to; the motions unanimous consent that the Senate gered Species Act—that provided the to reconsider be laid upon the table, proceed to the immediate consider- regulatory framework for America to with no intervening action or debate, ation of S. Res. 499, submitted earlier be a world leader in environmental and that any statements relating to today. stewardship. the measure be printed in the RECORD. Just as importantly, we have seen The PRESIDING OFFICER. The The PRESIDING OFFICER. Without clerk will report the resolution by since the first Earth Day that environ- objection, it is so ordered. mental protection can go hand-in-hand title. The concurrent resolution (H. Con. The legislative clerk read as follows: with economic growth. According to Res. 255) was agreed to. A resolution (S. Res. 499) supporting the US EPA, since 1980, total emissions of The amendment (No. 3729) was agreed six principal air pollutants—carbon goals and ideals of World Malaria Day, and to, as follows: reaffirming United States leadership and monoxide, lead, nitrogen oxides, vola- Strike the preamble and insert the fol- support for efforts to combat malaria as a tile organic compounds, particulate lowing: critical component of the President’s Global matter, and sulfur dioxide—decreased Whereas Gaylord Nelson, former United Health Initiative. by 54 percent. States Senator from Wisconsin, is recognized There being no objection, the Senate as one of the leading environmentalists of And during this same period, gross proceeded to consider the resolution. domestic product, GDP, increased by the 20th Century who helped launch an international era of environmental awareness and Mr. CASEY. Mr. President, I ask more than 126 percent while the U.S. unanimous consent that the resolution population grew by 34 percent, clearly activism; Whereas Gaylord Nelson grew up in Clear be agreed to, the preamble be agreed demonstrating that we can maintain a Lake, Wisconsin, and rose to national promi- to, the motions to reconsider be laid strong, robust economy while at the nence while exemplifying the progressive upon the table, with no intervening ac- same time protecting and promoting a values instilled in him; tion or debate, and that any state- safe and healthy environment for all Whereas Gaylord Nelson served with dis- ments relating to the resolution be Americans. tinction in the Wisconsin State Senate from printed in the RECORD. Today, as a nation, we need to ap- 1949 to 1959, as Governor of the State of Wis- The PRESIDING OFFICER. Without plaud the accomplishments we have consin from 1959 to 1963, and in the United objection, it is so ordered. made since the first Earth Day in im- States Senate from 1963 to 1981; Whereas Gaylord Nelson founded Earth The resolution (S. Res. 499) was proving the quality of our air, water, Day, which was first celebrated on April 22, agreed to. and land. But we also need to acknowl- 1970, by 20 million people across the United The preamble was agreed to. edge that the task of protecting our en- States, making the celebration the largest The resolution, with its preamble, vironment is far from complete. environmental grassroots event in history at reads as follows: The remaining challenges are many. that time; Nutrient pollution is still a concern for Whereas Gaylord Nelson called on Ameri- S. RES. 499 the Chesapeake Bay and other water- cans to hold their elected officials account- Whereas April 25th of each year is recog- ways. Mercury from large stationary able for protecting their health and the nat- nized internationally as World Malaria Day; sources still threatens the health of ural environment on that first Earth Day, an Whereas malaria is a leading cause of action which launched the Environmental death and disease in many developing coun- our Nation’s vulnerable population of Decade, an unparalleled period of legislative tries, despite being completely preventable infants and pregnant woman. And and grassroots activity that resulted in pas- and treatable; many of our urban areas still exceed sage of 28 major pieces of environmental leg- Whereas, according to the World Health national standards for air quality. islation from 1970 to 1980, including the Organization, 35 countries, the majority of

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them in sub-Saharan Africa, account for 98 overall child and maternal health, especially RESPONSE TO THE PREAMBLE percent of global malaria deaths; in sub-Saharan Africa; Judge Porteous in his Answer to the Arti- Whereas young children and pregnant (4) commends the recent progress made to- cles of Impeachment, denies certain of the women are particularly vulnerable and dis- ward reducing global malaria deaths and allegations and makes what are primarily proportionately affected by malaria; prevalence, particularly through the efforts technical arguments as to the charging lan- Whereas malaria greatly affects child of the President’s Malaria Initiative and the guage that do not address the factual sub- health, with estimates that children under Global Fund to Fight AIDS, Tuberculosis, stance of the allegations. However, it is in the age of 5 account for 85 percent of malaria and Malaria; Judge Porteous’s Preamble that he sets forth deaths each year; (5) welcomes ongoing public-private part- his real defense and, without denying he Whereas malaria poses great risks to ma- nerships to research and develop more effec- committed the conduct that is alleged in the ternal health, causing complications during tive and affordable tools for malaria diag- Articles of Impeachment, insists that never- delivery, anemia, and low birth weights, nosis, treatment, and vaccination; theless he should not be removed from Of- with estimates that malaria infection causes (6) reaffirms the goals and commitments to fice. 400,000 cases of severe maternal anemia and combat malaria in the Tom Lantos and At several points in his Preamble, Judge from 75,000 to 200,000 infant deaths annually Henry J. Hyde United States Global Leader- Porteous notes that he was not criminally in sub-Saharan Africa; ship Against HIV/AIDS, Tuberculosis, and prosecuted by the Department of Justice, the Whereas heightened national, regional, and Malaria Reauthorization Act of 2008 (Public implication being that the House and the international efforts to prevent and treat Law 110–293); Senate should abdicate their Constitu- malaria over recent years have made meas- (7) supports continued leadership and in- tionally assigned roles of deciding whether urable progress and have helped save hun- vestment by the United States in bilateral the conduct of a Federal judge rises to the dreds of thousands of lives; and multilateral efforts to combat malaria level of a high crime or misdemeanor and Whereas the World Health Organization’s as a critical part of the President’s Global warrants the Judge’s removal, and should in- World Malaria Report 2009 reports that ‘‘[i]n Health Initiative; and stead defer to the Department of Justice on countries that have achieved high coverage (8) encourages other members of the inter- this issue. Judge Porteous maintains that of their populations with bed nets and treat- national community to sustain and scale up impeachment and removal may only proceed ment programmes, recorded cases and deaths their support and financial contributions for upon conduct that resulted in a criminal due to malaria have fallen by 50%’’; efforts worldwide to combat malaria. prosecution, no matter how corrupt the con- Whereas the World Health Organization’s duct at issue, or what reasons explain the World Malaria Report 2009 further states f Department’s decision not to prosecute. that ‘‘[t]here is evidence from Sao Tome and Judge Porteous provides no support for this Principe, Zanzibar and Zambia that large de- ARTICLES OF IMPEACHMENT contention because there is none—that is not creases in malaria cases and deaths have AGAINST JUDGE PORTEOUS what the Constitution provides. been mirrored by steep declines in all-cause Indeed, the Senate has by its prior actions deaths among children less than 5 years of The PRESIDING OFFICER. The made it clear that the decision as to whether age’’; Chair submits to the Senate for print- a Judge’s conduct warrants his removal from Whereas continued national, regional, and ing in the Senate Journal and in the Office is the Constitutional prerogative of international investment is critical to con- CONGRESSIONAL RECORD the amended the Senate—not the Department of Justice— tinue to reduce malaria deaths and to pre- replication of the House of Representa- and the existence of a successful (or even an vent backsliding in those areas where tives to the Answer of Judge G. Thom- unsuccessful) criminal prosecution is irrele- progress has been made; as Porteous, Jr., to the Articles of Im- vant to the Senate’s decision. The Senate Whereas the United States Government has convicted and removed a Federal judge has played a major leadership role in the re- peachment against Judge Porteous, who was acquitted at a criminal trial (Judge cent progress made toward reducing the pursuant to S. Res. 457, 111th Congress, Alcee Hastings). The Senate has also con- global burden of malaria, particularly Second Session, which replication was victed a Federal judge for personal financial through the President’s Malaria Initiative received by the Secretary of the Senate misconduct (Judge Harry Claiborne) while at and the United States contribution to the on April 22, 2010. the same time acquitting that same Judge of Global Fund to Fight AIDS, Tuberculosis, The amended replication of the the Article that was based specifically on the 1 and Malaria; House of Representatives is as follows: fact of his criminal conviction. Thus, Judge Whereas President Barack Obama said on Porteous’s repeated references to what the World Malaria Day in 2009, ‘‘It is time to re- CONGRESS OF THE UNITED STATES, Department of Justice did or did not do adds double our efforts to rid the world of a dis- Washington, DC, Apr. 22, 2010. nothing to the Senate’s evaluation of the ease that does not have to take lives. To- Impeachment of G. Thomas Porteous, Jr., charges or the facts in this case.2 gether, we have made great strides in ad- United States District Judge for the East- Further, according to Judge Porteous, pre- dressing this preventable and treatable dis- ern District of Louisiana, Amended Rep- Federal bench conduct cannot be the basis of ease. . . Together, we can build on this lication. Impeachment, even if that conduct consisted progress against malaria, and address a Hon. NANCY ERICKSON, of egregious corrupt activities that was be- broad range of global health threats by in- Secretary of the Senate, U.S. Senate, Wash- yond the reach of criminal prosecution be- vesting in health systems, and continuing ington, DC. cause the statute of limitations had run, and our work with partners to deliver highly ef- DEAR MS. ERICKSON: Enclosed please find even if Judge Porteous fraudulently con- fective prevention and treatment meas- the Amended Replication of the House of cealed that conduct from the Senate and the ures.’’; Representatives to the Answer of G. Thomas White House at the time of his nomination Whereas, under the new Global Health Ini- Porteous, Jr., to the Articles of Impeach- and confirmation. There is nothing in the tiative (GHI) launched by President Obama, ment. Constitution to support this contention, and the United States Government is pursuing a A copy of this letter and the Amended Rep- it flies in the face of common sense. The Sen- comprehensive, whole-of-government ap- lication will be served upon counsel for ate is entitled to conclude that Judge proach to global health, focused on helping Judge Porteous today through electronic Porteous’s pre-Federal bench conduct re- partner countries to achieve major improve- mail. veals him to have been a corrupt state judge ments in overall health outcomes through Sincerely, with his hand out under the table to bail transformational advances in access to, and ALAN I. BARON, bondsmen and lawyers. Such conduct, which, the quality of, healthcare services in re- Special Impeachment Counsel. as alleged in Articles I and II, continued into source-poor settings; and IN THE SENATE OF THE UNITED STATES his Federal bench tenure, demonstrates that he is not fit to be a Federal judge. Whereas recognizing the burden of malaria Sitting as a Court of Impeachment on many partner countries, GHI has set the Finally, the notion that Judge Porteous is target for 2015 of reducing the burden of ma- entitled to maintain a lifetime position of laria by 50 percent for 450,000,000 people, rep- INRE: IMPEACHMENT OF G. THOMAS PORTEOUS, Federal judge that he obtained by acts that resenting 70 percent of the at-risk population JR., UNITED STATES DISTRICT JUDGE FOR included making materially false statements in Africa: Now, therefore, be it THE EASTERN DISTRICT OF LOUISIANA to the United States Senate is untenable. Resolved, That the Senate— Judge Porteous would turn the confirmation (1) supports the goals and ideals of World process into a sporting contest, in which, if AMENDED Malaria Day, including the achievable target he successfully were to conceal his corrupt of ending malaria deaths by 2015; REPLICATION OF THE HOUSE OF REP- background prior to the Senate vote and (2) calls upon the people of the United RESENTATIVES TO THE ANSWER OF G. thereby obtain the position of a Federal States to observe World Malaria Day with THOMAS PORTEOUS, JR., TO THE ARTI- judge, he is home free and the Senate cannot appropriate programs, ceremonies, and ac- CLES OF IMPEACHMENT remove him. tivities to raise awareness and support to The House of Representatives, through its ARTICLE I save the lives of those affected by malaria; Managers and counsel, respectfully replies to The House of Representatives denies each (3) recognizes the importance of reducing the Answer to Articles of Impeachment as and every statement in the Answer to Arti- malaria prevalence and deaths to improve follows: cle I that denies the acts, knowledge, intent

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or wrongful conduct charged against Re- SECOND AFFIRMATIVE DEFENSE resentations, and by incurring new debt in spondent. The House of Representatives denies each violation of a Federal Bankruptcy Court FIRST AFFIRMATIVE DEFENSE and every allegation of this purported af- order. This Article alleges a single unified The House of Representatives denies each firmative defense, namely, that the Article fraud scheme, with the purpose of deceiving and every allegation of this purported af- is vague. To the contrary, Article II sets the bankruptcy court and creditors as to his firmative defense and further states that Ar- forth several precise and narrow factual as- assets and his financial affairs, so that Judge ticle I sets forth an impeachable offense as sertions associated with Judge Porteous’s re- Porteous could enjoy undisclosed wealth and defined in the Constitution of the United lationship with the Marcottes—both prior to income for personal purposes—including States. and subsequent to Judge Porteous taking the gambling. SECOND AFFIRMATIVE DEFENSE Federal bench. Article II alleges with speci- FOURTH AFFIRMATIVE DEFENSE The House of Representatives denies each ficity the things of value given to Judge The House of Representatives denies each and every allegation of this purported af- Porteous over time and identifies the judi- and every allegation of this purported affirmative defense, namely, that Article I is cial or other acts taken by Judge Porteous firmative defense, which, in effect, seeks to vague. To the contrary, Article I sets forth for the benefit of the Marcottes and their suppress the statements of a highly educated several precise and narrow factual assertions business. and experienced Federal judge, made under associated with Judge Porteous’s handling of THIRD AFFIRMATIVE DEFENSE oath, before other Federal judges. Judge a civil case (the Liljeberg litigation), includ- The House of Representatives denies each Porteous was provided a grant of immunity ing allegations that Judge Porteous ‘‘denied and every allegation of this purported af- in connection with his Fifth Circuit Hearing a motion to recuse himself from the case, de- firmative defense, namely, that the Article testimony, effectively eliminating the possi- spite the fact that he had a corrupt financial improperly charges multiple offenses. The bility that any of that testimony could be relationship with the law firm of Amato & plain reading of Article II is that Judge used against him in any criminal case. An Creely, P.C. which had entered the case to Porteous engaged in a corrupt course of con- impeachment trial is not a criminal case. represent Liljeberg’’ and that while that case duct whereby, over time, he solicited and ac- There is simply no credible basis to argue was pending, Judge Porteous ‘‘solicited and cepted things of value from the Marcottes, that the Senate should not consider Judge accepted things of value from both Amato and, in return, he took judicial acts or other Porteous’s immunized Fifth Circuit testi- and his law partner Creely, including a pay- acts while a judge to benefit the Marcottes mony. ment of thousands of dollars in cash.’’ There and their business. FIFTH AFFIRMATIVE DEFENSE is no vagueness whatsoever in these allegations. Article I’s allegation that Judge FOURTH AFFIRMATIVE DEFENSE The House of Representatives denies each Porteous deprived the public and the Court The House of Representatives denies each and every allegation of this purported af- of Appeals of his ‘‘honest services’’—a phrase and every allegation of this purported affirmative defense—which does not take issue to which Judge Porteous raises a particular firmative defense, namely, that Article II with the proposition that Judge Porteous objection—could not be more clear and free improperly charges pre-Federal bench con- committed misconduct in a Federal judicial of ambiguity as used in this Article, and ac- duct as a basis for impeachment. First, Arti- bankruptcy proceeding, but contends only curately describes Judge Porteous’s dishon- cle II plainly alleges that Judge Porteous’s that the acts as alleged do not warrant im- esty in handling a case, including his distor- corrupt relationship with the Marcottes con- peachment. First, this is not an affirmative tion of the factual record so that his ruling tinued while he was a Federal Judge. Second, defense. It is up to the Senate to decide on the recusal motion was not capable of ap- Judge Porteous’s assertion that pre-Federal whether the facts surrounding the bank- pellate review.3 bench conduct may not form a basis for im- ruptcy warrant impeachment. Second, the Senate has in fact removed a THIRD AFFIRMATIVE DEFENSE peachment finds no support in the Constitu- tion and is not supported by any other sound judge for personal financial misconduct, and The House of Representatives denies each in 1986 convicted Federal Judge Harry Clai- and every allegation of the purported affirm- legal or logical basis.6 As a factual matter, it is especially appropriate for the Senate to borne and removed him from office for evad- ative defense that Article I charges more ing taxes. It is significant that the Senate than one offense. The plain reading of Arti- consider Judge Porteous’s pre-Federal bench did not convict Judge Claiborne for the cle I is that Judge Porteous committed mis- corrupt relationship with the Marcottes crime of evading taxes. Rather, the Senate conduct in his handling of the Liljeberg case where it was affirmatively concealed from acquitted Judge Claiborne of the one Article by means of a course of conduct involving the Senate in the confirmation process, that charged him with having committed his financial relationships with the attor- where it involved conduct as a judicial offi- and having been convicted of a crime. neys in that case and his failure to disclose cer directly bearing on whether he was fit to Third, what the Department of Justice those relationships or take other appropriate hold a Federal judicial office, and where that may consider material for purposes of a judicial action. The separate acts set forth in conduct, having now been exposed, brings criminal prosecution has nothing to do with Article I constitute part of a single unified disrepute and scandal to the Federal bench. what the Senate may deem to be material scheme involving Judge Porteous’s dishon- ARTICLE III for purposes of determining whether Judge esty in handling Liljeberg. Further, the The House of Representatives denies each Porteous should be removed from Office—an charges in this Article are fully consistent and every statement in the Answer to Arti- Office which requires that he oversee bank- with impeachment precedent.4 cle III that denies the acts, knowledge, in- ruptcy cases and administer and enforce the FOURTH AFFIRMATIVE DEFENSE tent or wrongful conduct charged against oath to tell the truth.’ The House of Representatives denies each Respondent. ARTICLE IV and every allegation of this purported af- FIRST AFFIRMATIVE DEFENSE firmative defense, which, in effect, seeks to The House of Representatives denies each suppress the statements of a highly educated The House of Representatives denies each and every statement in the Answer to Arti- and experienced Federal judge, made under and every allegation of this purported af- cle IV that denies the acts, knowledge, in- oath, before other Federal judges. Judge firmative defense and further states that Ar- tent or wrongful conduct charged against Porteous was provided a grant of immunity ticle III sets forth an impeachable offense as Respondent. in connection with his Fifth Circuit Hearing defined in the Constitution of the United FIRST AFFIRMATIVE DEFENSE States. testimony, and the immunity order provided The House of Representatives denies each that his testimony from that proceeding SECOND AFFIRMATIVE DEFENSE and every allegation of this purported af- could not be used against him in ‘‘any crimi- The House of Representatives denies each firmative defense and further states that Ar- nal case.’’ Simply put, an impeachment trial and every allegation of this purported af- ticle IV sets forth an impeachable offense as is not a criminal case.5 Accordingly, there is firmative defense, which alleges in substance defined in the Constitution of the United simply no credible basis to argue that the that the allegations in Article III are vague. States. Senate should not consider Judge Porteous’s To the contrary, Article III sets forth several SECOND AFFIRMATIVE DEFENSE immunized Fifth Circuit testimony. specific allegations associated with Judge The House of Representatives denies each ANSWER TO ARTICLE II Porteous’s conduct in his bankruptcy pro- and every allegation of this purported af- ceedings. There is no credible contention The House of Representatives denies each firmative defense, which alleges the Article that Judge Porteous cannot understand what and every statement in the Answer to Arti- is vague. The allegations sets forth in Arti- he is charged with in this Article. cle II that denies the acts, knowledge, intent cle IV are specific and precise. In fact, Judge or wrongful conduct charged against Re- THIRD AFFIRMATIVE DEFENSE Porteous’s description of the charge fairly spondent. The House of Representatives denies each characterizes the offense: ‘‘In essence, Arti- FIRST AFFIRMATIVE DEFENSE and every allegation of this purported af- cle IV alleges that Judge Porteous gave false The House of Representatives denies each firmative defense, which alleges, in sub- answers on various forms that were pre- and every allegation of this purported af- stance, that Article III charges more than sented in connection with the background firmative defense and further states that Ar- one offense. The plain reading of Article III investigation. . . .’’ It is apparent, therefore, ticle II sets forth an impeachable offense as is that Judge Porteous committed mis- that Judge Porteous has a clear under- defined in the Constitution of the United conduct in his bankruptcy proceeding by standing of these allegations in Article IV, States. making a series of false statements and rep- which specify the dates and circumstances

VerDate Mar 15 2010 03:42 Jul 08, 2010 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S22AP0.REC S22AP0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE April 22, 2010 CONGRESSIONAL RECORD — SENATE S2603 when the statements were made, and the term ‘‘honest services’’ has been challenged ORDERS FOR MONDAY, APRIL 26, contents of the statements that are alleged as vague in the criminal context, the term is 2010 to have been false. There is no credible con- likewise vague as used in Article I. Despite tention that the Article IV does not provide Judge Porteous’s suggestion to the contrary, Mr. CASEY. Mr. President, I ask Judge Porteous specific notice as to what Article I does not allege a violation of the unanimous consent that when the Sen- this Article alleges. ‘‘honest services’’ statute. Moreover, it could ate completes its business today, it ad- THIRD AFFIRMATIVE DEFENSE hardly be contended that proof that Judge journ until 2 p.m., Monday, April 26; The House of Representatives denies each Porteous acted dishonestly in the perform- that following the prayer and the and every allegation of this purported af- ance of his official duties does not go to the pledge, the Journal of proceedings be firmative defense. The allegation sets forth very heart of the Senate’s determination of approved to date, the morning hour be in Article IV are specific and precise. They whether he is fit to hold office. deemed expired, the time for the two charge in substance that Judge Porteous 4 The respective Articles of Impeachment leaders be reserved for their use later made a series of false statements to conceal against Judges Halsted L. Ritter, Harold in the day, and there be a period of the fact of his improper and corrupt relation- Louderback, and Robert W. Archbald each morning business until 3 p.m., with ships with the Marcottes and with attorneys set forth lengthy descriptions of judicial Creely and Amato in order to procure the po- Senators permitted to speak for up to misconduct arising from improper financial 10 minutes each; that following morn- sition of United States District Court Judge. relationships between those judges and the Charging these four false statements, all in- private parties. These consist of detailed ing business, the Senate resume the volving a single issue, in a single Article is narration specifying numerous discrete acts. motion to proceed to S. 3217, Wall 8 consistent with precedent. See ‘‘Impeachment of Judge Halsted L. Rit- Street reform. FOURTH AFFIRMATIVE DEFENSE ter,’’ H. Res. 422, 74th Cong., 2d Sess. (March The PRESIDING OFFICER. Without The House of Representatives denies each 2, 1936) and ‘‘Amendments to Articles of Im- objection, it is so ordered. and every allegation of this purported af- peachment Against Halsted L. Ritter,’’ H. f firmative defense, alleging that the Senate Res. 471, 74th Cong., 2d Sess. (March 30, 1936), cannot impeach Judge Porteous based on reprinted in ‘‘Impeachment, Selected Mate- PROGRAM pre-Federal bench conduct. First, Judge rials, House Comm. on the Judiciary,’’ Mr. CASEY. Mr. President, at 5 p.m., Porteous’s assertion that pre-Federal bench Comm. Print (1973) [hereinafter ‘‘1973 Com- Monday, the Senate will proceed to a conduct may not form a basis for impeach- mittee Print’’] at 188–197 (H. Res. 422), 198–202 rollcall vote on the motion to invoke ment is not supported by the Constitution. (H. Res. 471); [‘‘Articles of Impeachment cloture on the motion to proceed to the Notwithstanding Judge Porteous’s assertions against Judge Robert W. Archbald’’], H. Res. to the contrary, the Constitution does not 622, 62d Cong., 2d Sess (1912), 48 Cong Rec. Wall Street reform legislation. limit Congress from considering pre-Federal (House) July 8, 1912 (8705–08), reprinted in f bench conduct in deciding whether to im- 1973 Committee Print at 176; and [‘‘Articles ADJOURNMENT UNTIL MONDAY, peach, and there are compelling reasons for of Impeachment against George W. Congress to consider such conduct—espe- English,’’] Cong Rec. (House), Mar. 25, 1926 APRIL 26, 2010, AT 2 P.M. cially where such conduct consists of making (6283–87), reprinted in 1973 Committee Print Mr. CASEY. If there is no further materially false statements to the Senate. at 162. business to come before the Senate, I The logic of Judge Porteous’s position is 5 The Constitution makes it clear that im- ask unanimous consent that it adjourn that he cannot be removed by the Senate, peachment was not considered by the Fram- under the previous order. even though the false statements he made to ers to be a criminal proceeding. It provides: the Senate concealed dishonest behavior There being no objection, the Senate, ‘‘Judgment in Cases of Impeachment shall that goes to the core of his judicial qualifica- at 6:45 p.m., adjourned until Monday, not extend further than to removal from Of- tions and fitness to hold the Office of United April 26, 2010, at 2 p.m. fice, and disqualification to hold and enjoy States District Court Judge. The proposition f that the Senate lacks power under these cir- any Office of honor, Trust or Profit under cumstances to remedy the wrong committed the United States: but the Party convicted NOMINATIONS shall nevertheless be liable and subject to In- by Judge Porteous is simply untenable. Executive nominations received by Respectfully submitted, dictment, Trial, Judgment and Punishment, according to Law.’’ U.S. Const., Art. 3, cl. 7. the Senate: THE U.S. HOUSE OF REPRESENTATIVES See also, United States v. Nixon, 506 U.S. 224, DEPARTMENT OF DEFENSE By 234 (1993) (‘‘There are two additional reasons JONATHAN WOODSON, OF MASSACHUSETTS, TO BE AN ADAM SCHIFF, why the Judiciary, and the Supreme Court in ASSISTANT SECRETARY OF DEFENSE, VICE S. WARD Manager, particular, were not chosen to have any role CASSCELLS. BOB GOODLATTE, in impeachments. First, the Framers recog- DEPARTMENT OF STATE Manager, nized that most likely there would be two ROSE M. LIKINS, OF VIRGINIA, A CAREER MEMBER OF ALAN I. BARON, sets of proceedings for individuals who com- THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- Special Impeachment COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND mit impeachable offenses—the impeachment PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA Counsel. trial and a separate criminal trial. In fact, TO THE REPUBLIC OF PERU. Managers of the House of Representatives: the Constitution explicitly provides for two LUIS E. ARREAGA-RODAS, OF VIRGINIA, A CAREER Adam B. Schiff, Bob Goodlatte, Zoe Lofgren, MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF separate proceedings. . . . The Framers de- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- Henry C. ‘‘Hank’’ Johnson, F. James Sensen- liberately separated the two forums to avoid DINARY AND PLENIPOTENTIARY OF THE UNITED STATES brenner, Jr. raising the specter of bias and to ensure OF AMERICA TO THE REPUBLIC OF ICELAND. April 22, 2010. independent judgments . . .’’). f ENDNOTES 6 As but one example, if the pre-Federal CONFIRMATIONS 1 Judge Harry E. Claiborne was acquitted of bench conduct consisted of treason, there Article III, charging that he ‘‘was found could be no credible contention that such Executive nominations confirmed by guilty by a twelve-person jury’’ of criminal conduct would not provide a basis for im- the Senate, Thursday, April 22, 2010: violations of the tax code, and that ‘‘a judge- peachment. THE JUDICIARY ment of conviction was entered against 7 It should be noted that Judge Porteous DENNY CHIN, OF NEW YORK, TO BE UNITED STATES [him].’’ See ‘‘Impeachment of Harry E. Clai- has testified and cross-examined witnesses at CIRCUIT JUDGE FOR THE SECOND CIRCUIT. borne,’’ H. Res. 471, 99th Cong., 2d Sess. (1986) the Fifth Circuit Hearing on the subject of DEPARTMENT OF JUSTICE (Articles of Impeachment); 132 Cong. Rec. S his bankruptcy, and the House therefore pos- 15761 (daily ed. Oct. 9, 1986) (acquitting him WILLIAM N. NETTLES, OF SOUTH CAROLINA, TO BE sesses evidence that was unavailable to the UNITED STATES ATTORNEY FOR THE DISTRICT OF on Article III). SOUTH CAROLINA FOR THE TERM OF FOUR YEARS. Department of Justice. 2 Moreover, the Department of Justice’s in- WIFREDO A. FERRER, OF FLORIDA, TO BE UNITED 8 As but one example, Article III of the Ar- STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF vestigation hardly vindicated Judge FLORIDA FOR THE TERM OF FOUR YEARS. Porteous. To the contrary, the Department ticles of Impeachment against Judge Walter DAVID A. CAPP, OF INDIANA, TO BE UNITED STATES AT- viewed Judge Porteous’s misconduct as so Nixon charged that he concealed material TORNEY FOR THE NORTHERN DISTRICT OF INDIANA FOR THE TERM OF FOUR YEARS. significant that it referred the matter to the facts from the Federal Bureau of Investiga- ANNE M. TOMPKINS, OF NORTH CAROLINA, TO BE Fifth Circuit for disciplinary review and po- tion and the Department of Justice by mak- UNITED STATES ATTORNEY FOR THE WESTERN DIS- tential impeachment, and set forth its finding six, specified, false statements on April TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS. ings in its referral letter. 18, 1984 at an interview, and by making seven KELLY MCDADE NESBIT, OF NORTH CAROLINA, TO BE 3 Judge Porteous treats Article I as if it al- discrete false statements under oath to the UNITED STATES MARSHAL FOR THE WESTERN DISTRICT leges the criminal offense of ‘‘honest services Grand Jury. ‘‘Impeachment of Walter L. OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS. PETER CHRISTOPHER MUNOZ, OF MICHIGAN, TO BE fraud,’’ in violation of Title 18, United States Nixon, Jr.,’’ H. Res. 87, 101st Cong., 1st Sess. UNITED STATES MARSHAL FOR THE WESTERN DISTRICT Code, Section 1346, and that because the (1989) (Article III). OF MICHIGAN FOR THE TERM OF FOUR YEARS.

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LORETTA E. LYNCH, OF NEW YORK, TO BE UNITED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND ENDING WITH KURT S. KARPOV, WHICH NOMINA- STATES ATTORNEY FOR THE EASTERN DISTRICT OF NEW AND APPEARED IN THE CONGRESSIONAL RECORD ON TIONS WERE RECEIVED BY THE SENATE AND APPEARED YORK FOR THE TERM OF FOUR YEARS. MARCH 10, 2010. IN THE CONGRESSIONAL RECORD ON FEBRUARY 22, 2010. NOEL CULVER MARCH, OF MAINE, TO BE UNITED STATES MARSHAL FOR THE DISTRICT OF MAINE FOR FOREIGN SERVICE THE TERM OF FOUR YEARS. f FOREIGN SERVICE NOMINATIONS BEGINNING WITH GEORGE WHITE, OF MISSISSIPPI, TO BE UNITED KAREN L. ZENS AND ENDING WITH RICHARD STEFFENS, STATES MARSHAL FOR THE SOUTHERN DISTRICT OF WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MISSISSIPPI FOR THE TERM OF FOUR YEARS. WITHDRAWAL AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIAN TODD UNDERWOOD, OF IDAHO, TO BE UNITED JANUARY 26, 2010. STATES MARSHAL FOR THE DISTRICT OF IDAHO FOR THE Executive Message transmitted by TERM OF FOUR YEARS. NATIONAL OCEANIC AND ATMOSPHERIC the President to the Senate on April 22, IN THE COAST GUARD ADMINISTRATION 2010 withdrawing from further Senate COAST GUARD NOMINATIONS BEGINNING WITH JOANN NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- consideration the following nomina- F. BURDIAN AND ENDING WITH DAWN N. PREBULA, TION NOMINATIONS BEGINNING WITH SCOTT J. PRICE tion: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND ENDING WITH SARAH K. MROZEK, WHICH NOMINA- AND APPEARED IN THE CONGRESSIONAL RECORD ON TIONS WERE RECEIVED BY THE SENATE AND APPEARED TIMOTHY MCGEE, OF LOUISIANA, TO BE AN ASSISTANT FEBRUARY 24, 2010. IN THE CONGRESSIONAL RECORD ON FEBRUARY 22, 2010. SECRETARY OF COMMERCE, VICE PHILLIP A. COAST GUARD NOMINATIONS BEGINNING WITH KAREN NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- SINGERMAN, WHICH WAS SENT TO THE SENATE ON DE- R. ANDERSON AND ENDING WITH STEVEN M. LONG, TION NOMINATIONS BEGINNING WITH HEATHER L. MOE CEMBER 21, 2009.

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CELEBRATING THE LIFE OF DR. a place which respected the stewardship and ship win. They have made their entire school EDGAR WAYBURN traditions of the military Presidio’s tradition as and all of Fort Worth proud. a military base, while enhancing the opportuni- HON. NANCY PELOSI ties for volunteerism and environmental edu- f OF CALIFORNIA cation for youth. IN HONOR OF THE MONTEREY BAY IN THE HOUSE OF REPRESENTATIVES Dr. Wayburn received many awards to honor his accomplishments: the Albert BLUES FESTIVAL Thursday, April 22, 2010 Schweitzer Prize for Humanitarianism from Ms. PELOSI. Madam Speaker, I rise to pay Johns Hopkins University, the Starker Leopold final tribute to a great champion of the envi- Award by the Nature Conservancy, the John HON. SAM FARR ronment, Dr. Edgar Wayburn. At age 103, Dr. Muir Award by the Sierra Club, and in 1999 OF CALIFORNIA Wayburn passed away on March 5th sur- Dr. Wayburn’s life work was recognized with rounded by his beloved family. His accom- the Presidential Medal of Freedom, the high- IN THE HOUSE OF REPRESENTATIVES plishments on behalf of our planet are unsur- est civilian honor that our country can bestow. Thursday, April 22, 2010 passed. As President Clinton said at the time, Dr. Joining me in tribute today is Congressman Wayburn ‘‘saved more of our wilderness than Mr. FARR. Madam Speaker, I rise today to GEORGE MILLER. any other person alive.’’ honor the Monterey Bay Blues Festival on the Working for five decades as a physician, Dr. Dr. Wayburn, the honorary president-for-life occasion of its twenty-fifth anniversary. For a Wayburn understood that the human condition of the Sierra Club, was the stealth force be- quarter of a century, the Festival has been is inextricably linked to the environment. When hind so many environmental movements to dedicated to the stewardship and celebration Dr. Wayburn first arrived in the San Francisco save the world’s wild lands, forests and waters of this uniquely American musical legacy here Bay Area in 1933, he was stunned by the un- for the benefit of future generations. The mag- on the Monterey Peninsula. interrupted expanse of green beginning in San nificent landscapes that he preserved for fu- Six years ago the Festival started its Blues Francisco and crossing the Bay to Marin. He ture generations will stand as a lasting monu- in the Schools (BITS) program, which has made a lifelong commitment to ensuring that it ment to him. spread to five school districts in Monterey remained protected. Above all, Dr. Wayburn was devoted to his County and keeps on growing. As part of the He had the same experience when he first family: his beloved late wife Peggy who was regular music program, BITS introduces the visited Alaska fifty years ago with his wife his partner in preserving the environment, his blues to young people who hope to find their Peggy. They were captivated by the unique children Diane, Laurie, Cynthia and William own expressions in music. Scholarships and beauty of the Alaskan landscape. The national and three grandchildren. We celebrate his life grants help to keep students focused on and campaign that flowed from that first visit re- and we honor his memory. developing passion for their art. BITS clini- sulted in the Alaska Lands Act: the largest f public lands legislation in the history of the cians support choirs, guitar classes, combos, U.S. Congress. Today, more than a million TCU WOMEN’S RIFLE TEAM and school bands. acres remain wild largely because of Dr. In the words of my friend and former staff Wayburn’s first trip to what he called ‘‘the last HON. KAY GRANGER member, Doris M. Jones, chair of the anniver- frontier.’’ OF TEXAS sary committee: ‘‘. . . the (festival) began with Dr. Wayburn simultaneously fought to pre- IN THE HOUSE OF REPRESENTATIVES a few local men and women who had a desire serve and expand one of America’s pristine to preserve the rich heritage of blues music, ancient forests, Redwood National Park in Thursday, April 22, 2010 as well as continue to perpetuate the heartfelt Northern California. Today, these giant red- Ms. GRANGER. Madam Speaker, I rise sounds created out of times of sorrow, pain, woods have a permanent home and are listed today to offer my congratulations to the TCU jubilation and joy. . . . ‘The Blues’ have a way as a UNESCO World Heritage Site and Bio- Women’s Rifle Team. Last month the team of touching that place in each of us that brings sphere Preserve. won the 2010 NCAA National Championship. out a deep emotion and understanding that, In San Francisco he orchestrated the cre- This is the first National Championship win regardless of how difficult the times, things will ation of Golden Gate National Recreation Area since 1983 for TCU, so this is a huge victory get better. Whether it is our economy, our (GGNRA), an almost continuous greenbelt for both the team and the school. health, our relationships, times of love or times stretching down the Pacific Coast from Point In addition to the accomplishment of the en- of war, the expression of the blues reminds us Reyes Seashore to the Peninsula. In the tire TCU Women’s Rifle Team, several of the that we are more alike than we are different.’’ 1960s, the idea of an urban national park was ladies on the team received individual distinc- The mission of the Monterey Bay Blues an alien concept to Congress and the National tions. Freshman Sarah Scherer won the indi- Festival is to give back to the community and Park Service. Thanks to the tireless labors of vidual National Championship in the smallbore spread this distinctively American art form Congressman Philip Burton and Dr. Wayburn, rifle portion of the competition. Senior Erin through the Festival and by supporting youth along with the support of the local community Lorenzen was honored as the Most Out- and the arts. In this way, they expand the ap- and local environmentalists, GGNRA is today standing Athlete of the championship. These preciation of their evolving artistic legacy and the most visited national park and one of our two TCU ladies were also honored as All- inspire a passion for music, especially the nation’s great natural treasures. Within its American athletes. Sarah Beard, Caitlin Blues. boundaries are redwood forests, beaches, dra- Morrissey, and Simone Riford received All- matic headlands, marshes, abundant wildlife, American athlete honors as well. Madam Speaker, I want to hold up the Fes- historic forts, islands in the Bay, and a world- It is evident that the TCU Women’s Rifle tival as a cultural institution, an expression of famous prison—and all of this incredible diver- Team is a very skilled and accomplished what makes our nation a worldwide leader in sity lies within easy reach of one of the largest group. Head coach Karen Monez has done an the music that is unique to our land. May their metropolitan populations in the United States. excellent job of leading the team. This Na- continued success inspire many more genera- It is a living testament to the tenacity of Dr. tional Championship is the height of achieve- tions to celebrate our nation’s musical heritage Edgar Wayburn. ment for the team, which has had phenomenal and participate in its future. Many of us were fortunate to work with Dr. success for the past several years under the On behalf of the whole House, I am hon- Wayburn on the monumental achievement of leadership of Coach Monez. I am confident ored to extend to the Monterey Bay Blues transferring the Presidio of San Francisco in that their success will continue. Festival the gratitude of the Congress and the 1994 from a military post to an urban national Again, I congratulate the entire TCU Wom- American people for their past and future serv- park. He helped craft a model for the nation in en’s Rifle Team on their National Champion- ice.

∑ 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 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.001 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E618 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 IN HONOR OF CAPTAIN STANLEY HONORING MR. IRVIN E. RICHTER, The United States of America has a moral VINCENT DEGEUS 2010 NEW JERSEY BUSINESS obligation to provide for all the brave men and HALL OF FAME RECIPIENT women whose courageous service allows all of us to live the lives we do. HON. JOE SESTAK HON. ROBERT E. ANDREWS This service comes not without a price, and OF PENNSYLVANIA OF NEW JERSEY America must provide for these service mem- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES bers and their families during deployment and Thursday, April 22, 2010 post-deployment. Thursday, April 22, 2010 Our disabled, ill and injured veterans need Mr. ANDREWS. Madam Speaker, I rise the assistance and care they deserve for their Mr. SESTAK. Madam Speaker, I would like today to honor Irvin Richter for his induction sacrifice. to honor Captain Stanley DeGeus on his re- into the New Jersey Business Hall of Fame. S. 1963 will expand mental health services tirement from the United States Navy, which Mr. Richter has demonstrated significant lead- for veterans; enhance health services for 1.8 he has faithfully served for over three dec- ership and dedication to his community, and million women veterans—which for the first ades. for this he deserves great praise. time includes care for newborns. Captain Stanley Vincent DeGeus is a native A Laureate induction into the New Jersey This is a landmark legislation that builds of Philadelphia, Pennsylvania and a 1979 Business Hall of Fame is a lifetime achieve- upon the last three years of significant accom- graduate of Villanova University. At Villanova, ment award for individuals making a signifi- plishments for veterans, troops and military he earned a Bachelor of Science in Biology cant, positive impact on New Jersey. Induct- families. and was commissioned an Ensign through the ees demonstrate, as Mr. Richter has through- S. 1963 will allow for a caregiver of a vet- Naval Reserve Officer Training Corps Pro- out their professional lives high ethical stand- eran to receive training, counseling, lodging gram. ards, mentorship, community involvement and and subsistence payments when accom- Following commissioning, Captain DeGeus innovative leadership. panying a veteran on medical care visits. Chairman and Chief Executive Officer of Hill completed Division Officer tours as Adminis- We must ensure that those who care for our International, Mr. Richter is known for his ex- trative Officer, Second Division Officer, and veterans are properly equipped and trained to pertise in the field of construction contacts and Combat Information Center/Missile Officer in do so. claims. His reputation for excellence is world- USS SEATTLE (AOE 3) from November 1979 In addition, we will prohibit the VA from col- wide, after working on projects such as the to May 1983. His first shore assignment was lecting copayments from veterans who are Channel Tunnel, EPCOT, Reliance Oil Refin- Commissioning Crew and Navigation/Naval catastrophically disabled. ery, Athens Metro, King Khalid Military City, Operations Instructor at the Naval Reserve Of- I am proud to vote for S. 1963, on behalf of Petronas Twin Towers, Washington Metro, ficer Training Corps Program at Boston Uni- all the service members, veterans and their and the Alaska Pipeline. Mr. Richter is not versity. While at Boston University, he re- families in my District. I urge my colleagues to only an actively sought expert, but also an ceived his Master’s Degree in Biology in Janu- support this bill. international arbitrator and mediator for the ary 1986. f leading participants in the industry. In addition, Captain DeGeus’ subsequent afloat duty in- he has provided expert witness testimony on HEALTH CARE REFORM cluded assignment as Executive Officer in numerous occasions regarding contractual and USS IMPLICIT (MSO 455) from October 1986 damage issues. HON. JERRY McNERNEY to November 1987 and as Executive Officer in Mr. Richter has been honored as a Distin- OF CALIFORNIA USS ENHANCE (MSO 437) during mine coun- guished Alumnus from his alma mater Wes- IN THE HOUSE OF REPRESENTATIVES termeasure operations in the Persian Gulf. He leyan University and from his Law school, Rut- then served as Operations Officer in USS gers University School of Law, Camden. He is Thursday, April 22, 2010 CROMMELIN (FFG 37) from June 1988 to a member of the World Presidents’ Organiza- Mr. MCNERNEY. Madam Speaker, I rise December 1989. Captain DeGeus served as tion (WPO) and the Construction Industry today to express my proud support for the Commissioning Commanding Officer in USS Round Table (CIRT). He is a current and past passage of historic health reform legislation CHAMPION (MCM 4) from May 1990 to Sep- member of the Board of Trustees of Rutgers earlier this year. I am glad the Congress, after tember 1992. University, the Board of Directors of the Con- working for more than nine months, was able Following a year of study at the Naval War struction Management Association of America to pass comprehensive health care reform that College, where he received a Master’s Degree (CMAA), the Board of Governors of Temple will reduce the growth in health care costs, cut in National Security and Strategic Studies, he University Hospital and the Board of Directors the deficit, and provide affordable health insur- completed a three-year tour of duty as an in- of the ACE Mentor Program. In 2002, Mr. ance for an additional 32 million Americans. structor in the Command Training Department Richter was made a fellow by the CMAA for The package passed by Congress, which in- at Surface Warfare Officers School Command his contributions to the construction manage- cludes H.R. 3590 and H.R. 4872 as enacted, in Newport, Rhode Island. From May 1997 to ment industry. At that time, he was one of only will reduce the deficit by $143 billion over ten November 1998, Captain DeGeus served as 17 Fellows in the history of the organization. years and by more than $1 trillion over the Commanding Officer in USS BONHOMME Madam Speaker, Mr. Richter’s contributions second decade. Enacting responsible health RICHARD (LHD 6) from September 2001 to to his field and to state of New Jersey should care reform will provide health care security February 2003. USS BONHOMME RICHARD not go unrecognized. I want to personally for individuals, families, and small businesses deployed for both Operation Enduring Free- thank Irvin Richter for the exceptional leader- across the country. This legislation will ensure dom (67 combat sorties) and Operation Iraqi ship he has provided and the impact he has that individuals can no longer be denied cov- Freedom during his tenure in support of the made all over the world. I congratulate Mr. erage due to a pre-existing condition or kicked Global War on Terrorism. Following a tour of Richter on his induction to the New Jersey off their insurance when they get sick. Health duty as a Strategy and Alignment Branch Hall of Fame and wish him the best of luck in care reform also places caps on annual and Head in OPNAV 76 and as Sea Shield Pillar his future endeavors. lifetime out-of-pocket costs so that individuals Lead in OPNAV 70, Captain DeGeus reported f and families will no longer go bankrupt due to as Commander, Surface Warfare Develop- CAREGIVERS AND VETERANS an illness. ment Group in May 2005. OMNIBUS HEALTH SERVICES ACT Despite the benefits and enhanced Medi- Captain DeGeus’ medals and decorations care protections that I am confident health re- include two Legion of Merit awards, the De- SPEECH OF form will bring, I wish to stress the importance fense Meritorious Service Medal, three Meri- HON. JOE BACA of vigorous oversight of the newly created torious Service Medals, two Navy Commenda- Independent Medicare Advisory Board, IMAB. OF CALIFORNIA tion Medals, and four Navy Achievement H.R. 3590 establishes such a board, whose IN THE HOUSE OF REPRESENTATIVES awards. Most impressive is that he was able goal is to reduce the per capita rate of growth to lead a highly successful career in the Navy Wednesday, April 21, 2010 in Medicare spending. I strongly support the all while raising his three remarkable chil- Mr. BACA. Mr. Speaker, I rise today in need to control costs, but I believe elected of- dren—Juliane Catherine, Case James, and strong support of S. 1963, the Caregivers and ficials who answer to the people should make Cory—with his wife, Barbara Jean Mellon of Veterans Omnibus Health Services Act of the key decisions affecting health programs. Freehold, New Jersey. 2009. Medicare beneficiaries expect Congress to

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K22AP8.003 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E619 take responsibility for shaping Medicare, allow- day drives have helped feed many needy fam- there is little room for individualism, for the ing Americans a voice through their elected ilies in our community. military must be one in action and goal. representatives in determining the benefits Madam Speaker, I am proud to recognize One’s duty to their country comes before all personal desires. My discussion with Mr. they receive on a daily basis. the World War II Veterans of American Legion Grant taught me these important lessons, H.R. 3950 wisely prevents IMAB from rec- Post 960 for their extraordinary heroics and which I will carry with me for the rest of my ommending measures that would ration health sacrifices for our country, and I ask my col- life. I will always remember them, and I will care, increase Medicare beneficiary cost-shar- leagues to join me in honoring the service of always respect those who serve our country, ing, or otherwise restrict benefits. However, these brave Americans. and those that have served our country, for their duty, honor, and sacrifice.—Josh we must remain vigilant in our oversight of f IMAB to ensure that the board serves our con- Eldridge. stituents’ best interests. THE CONGRESSIONAL YOUTH AD- f f VISORY COUNCIL: A LEGACY OF CAREGIVERS AND VETERANS SERVICE HONORING KATHRYN GALLANIS OMNIBUS HEALTH SERVICES ACT MATERN HON. SAM JOHNSON SPEECH OF OF TEXAS HON. JOHN D. DINGELL HON. MIKE QUIGLEY IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN OF ILLINOIS Thursday, April 22, 2010 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, April 21, 2010 Thursday, April 22, 2010 Mr. SAM JOHNSON of Texas. Madam Speaker, I ask my fellow colleagues to join me Mr. DINGELL. Madam Speaker, I rise today Mr. QUIGLEY. Madam Speaker, I rise today in congratulating the 2009–2010 Congres- to proudly support the House Amendments to in recognition of Kathryn Gallanis Matern, an sional Youth Advisory Council. This year 45 S. 1963, the Caregivers and Veterans Omni- accomplished attorney and the next president students from public, private, and home bus Health Services Act; legislation that recog- of the Women’s Bar Association of Illinois. schools in grades 9 through 12 made their nizes and aims to meet the needs of our vet- After receiving her Juris Doctorate from The voices heard and made a difference in their erans who have bravely served in Iraq and Af- John Marshall Law School in Chicago, Ms. communities, their country and their Congress. ghanistan after 9/11. My colleagues will re- Gallanis Matern made a name for herself as These students volunteered their time, effort, member that this legislation was held up in the the lead prosecutor while working for the As- and talent to inform me about the important Senate due to one senator’s objection that the sistant State’s Attorney’s Felony Trial Division. issues facing their generation. As young lead- bill was not paid for. However, our warriors Many of her cases, most notably the Keystone ers within their communities and their schools, have already paid a very high price through Case, received substantial attention from the these students boldly represent the promise their sacrifices and selfless devotion to our na- national media. and the hope we all have for their very bright tional security, and they should be repaid with Outside of her professional duties, Ms. future. excellent care when they return to civilian life. Gallanis Matern remains very busy. Her in- President Ronald Reagan said, ‘‘Freedom is Fortunately, this legislation builds on the volvement in the community includes volun- never more than one generation away from Democratic Congress’ record of supporting our teering for the Junior League of Chicago and extinction. We didn’t pass it to our children in veterans through new and innovative pro- the New Trier Citizen’s League, as well as the bloodstream. It must be fought for, programs, fixing some of the existing problems in being the acting Vice President of the Chicago tected, and handed on for them to do the the VA, and increasing funding for the VA Republican Women’s Network. These achieve- same, or one day we will spend our sunset budget. ments have culminated in her becoming the years telling our children and our children’s The legislation we are voting on today is a next president of the Women’s Bar Associa- children what it was once like in the United comprehensive approach to caring for our vet- tion of Illinois. States where men were free.’’ erans. Specifically, it provides robust support It is my honor to recognize Kathryn Gallanis To ensure that the blessing of freedom is for those who care for our wounded warriors, Matern, an accomplished attorney, volunteer, passed from one generation to the next, the addresses the needs women veterans, ex- and member of Chicagoland women’s asso- members of the CYAC spent time interviewing pands services to rural veterans and for men- ciations. a veteran and documenting the experience for tal health care, and closes a loophole for dis- f the ‘‘Preserving History Project.’’ Today I’m abled veterans health care. Specifically, the House amendments to S. RECOGNIZING THE WORLD WAR II proud to submit the brief summaries provided so the patriotic service of our dedicated vet- 1963 provides services, training, and reim- VETERANS FROM AMERICAN LE- bursements for the caregivers of veterans who GION POST 960 erans and the thoughtful work of the CYAC may be preserved for antiquity in the CON- return from war with serious injuries. It will GRESSIONAL RECORD. A copy of each sub- strengthen support for caregivers of all vet- HON. PATRICK J. MURPHY mitted student summary follows. erans and will provide reimbursements for OF PENNSYLVANIA To each member of the Congressional lodging and healthcare to caregivers of Af- IN THE HOUSE OF REPRESENTATIVES Youth Advisory Council, thank you for making ghanistan and Iraq War veterans through the Thursday, April 22, 2010 this year and this group a success. It is not a Civilian Health and Medical Program of the coincidence that this congressional tribute Department of Veterans Affairs. Mr. PATRICK J. MURPHY of Pennsylvania. celebrates two generations of service. Each of In addition, the legislation expands health Madam Speaker, I rise today to honor the you is trusted with the precious gift of free- care services for our 1.8 million women vet- World War II Veterans of American Legion dom. erans including provisions mandating a study Post 960. You are the voices of the future and I salute of the barriers to women veterans seeking As we mark the 65th anniversary to the end you. God bless you and God bless America. health care, education and training for mental of World War II, it is important that we con- The summary follows: health professionals caring for veterans with tinue to recognize the remarkable courage and sexual trauma, a reintegration and readjust- Retired Staff Sergeant Bernard J. Grant sacrifice these members of the greatest gen- served a year in Vietnam as a convoy escort ment pilot program, establishment of a child eration of Americans gave for our country. We and over eight more years in Europe in care pilot program for women receiving regular must never forget their struggle to maintain an counter-intelligence. He was the winner of and intensive mental health care and intensive enduring freedom throughout the world, and several awards including: Army Commenda- health care services, and post-delivery health we all owe a debt to those who defended our tion, five Awards of Good Conduct, National care for new born children. liberty under circumstances most of us can Defense Service Medal, Vietnam Service This comprehensive bill also improves only imagine. Medal, a Unit Citation, and more. He truly health care for our veterans living in rural I would like to extend my sincere gratitude understood his duty and he carried it out no areas, including by expanding transportation questions asked, without regard for his per- to American Legion Post 960 for providing sonal opinion. Grant understood that to for veterans to local VA hospitals and clinics such a invaluable service to our community serve in the military meant to be a weapon through VA grants to local Veterans Service and our veterans. Established April 26, 1956, of the American government and a part of Organizations and provides increased access the 478 member post has been a place for the greatest military on Earth. In this mili- to counseling and other mental health centers veterans to gather together and their food holi- tary, unity and personal sacrifice is key; to any member of the Armed Forces.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.003 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E620 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 Other provisions in this legislation include Madam Speaker, Thomas S. Higgins’s con- vibrant nation since its establishment 62 years prohibiting the VA from collecting copayments tributions to his field and the state of New Jer- ago. During that time, the United States has from veterans who are catastrophically dis- sey, and his commitment to his family should stood in vigorous support of Israel’s right to to abled; creating a pilot program to provide not go unrecognized. I am honored to be a exist and will continue to do so in the future. specified dental services to veterans, sur- part of his special day, and I would like to per- As a democracy, Israel’s people enjoy free- vivors, and dependents of veterans through a sonally wish him a Happy 75th Birthday. dom of speech and religion, an open political dental insurer; providing hospital care, medical f system, an independent judiciary and many services, and nursing home care for certain other practices. Israel’s colleges and univer- Vietnam-era veterans exposed to herbicide CELEBRATING THE 25TH ANNIVER- sities are highly respected, which strengthens and Gulf-War era veterans who have insuffi- SARY OF THE MONTGOMERY the Israeli economy and allows the country to cient medical evidence to establish a service- COUNTY SENIOR GAMES AND be a leader in research and innovation. connected disability; and expanding the orga- EXPO I am also pleased to celebrate the ties be- nizations offering transitional housing and tween the American and Israeli people and the other support for homeless veterans that can HON. ALLYSON Y. SCHWARTZ rich history of the American Jewish commu- receive grants or per diems from the VA, OF PENNSYLVANIA nity. For hundreds of years, the United States which is particularly important to veterans in IN THE HOUSE OF REPRESENTATIVES has benefited from Jewish contributions to rural areas. Thursday, April 22, 2010 American culture. As a nation of immigrants, Mr. Speaker, I urge my colleagues to join the United States is better and stronger be- me in supporting this legislation and for the Ms. SCHWARTZ. Madam Speaker, I rise cause Jewish people from all over the world Senate to swiftly act so that this legislation today to honor and congratulate the Mont- have chosen to become American citizens. can become law and our veterans can begin gomery County Senior Games & Expo on the When the first Jewish settlers came to this to benefit from the important programs this occasion of this organization’s milestone 25th land, they sought a place of promise where comprehensive bill implements. Anniversary. The Montgomery County Senior they could practice their faith in freedom and f Games & Expo will be held at Montgomery live in liberty. American Jews have strength- County Community College from May 10 IN HONOR OF THOMAS S. HIGGINS’ ened our country and helped shape our way through 14, 2010. 75TH BIRTHDAY of life. By recognizing those contributions to The Montgomery County Senior Games & the the fabric of American life, we promote HON. ROBERT E. ANDREWS Expo originated in 1985 through the efforts of awareness and understanding. Montgomery County’s state legislative delega- Israel is an integral and essential partner OF NEW JERSEY tion. Through the continued support and tire- and I look forward to opportunities to continue IN THE HOUSE OF REPRESENTATIVES less work of talented volunteers, the Mont- and enhance the strong bonds between our Thursday, April 22, 2010 gomery County Senior Games & Expo has nations. As a defender of the inherent rights of Mr. ANDREWS. Madam Speaker, I rise been successful in ensuring that this annual all people and nations, I am proud to com- today to honor the 75th birthday of Thomas S. event combining healthy exercise and commu- memorate the 62nd anniversary of the estab- Higgins. Mr. Higgins has lived a life of com- nity spirit has continued. The Games & Expo lishment of the State of Israel. is comprised of weeklong competitive events passion and dedication towards his family and f his community and for this he deserves great for Montgomery County senior adults and cul- praise. minates with an Expo featuring health PERSONAL EXPLANATION Mr. Higgins was born in Camden, New Jer- screenings and various exhibits with services sey on April 23, 1935. He earned his Bachelor and products to benefit the lifestyles of senior HON. CHARLES W. DENT of Science degree in political science from St. citizens. This event gives seniors the oppor- OF PENNSYLVANIA tunity to not only gain information about their Joseph’s University before earning his Juris IN THE HOUSE OF REPRESENTATIVES Doctorate at Villanova Law School. After grad- health resources, but to come together in the uating, Mr. Higgins and his partners founded a spirit of community to engage in sports and Thursday, April 22, 2010 successful practice in Laurel Springs, New recreation. I am proud to represent the volun- Mr. DENT. Madam Speaker, I regret that Jersey. During his forty-year tenure as an at- teers who work so hard to organize this out- due to other legislative business, I missed the torney, he specialized in environmental law, standing event, as well as the participants who last vote on April 22, 2010. Had I been serving as counsel to the Camden County Mu- take advantage of such a wonderful experi- present I would have voted ‘‘aye’’ on rollcall nicipal Utilities Authority and the Cape May ence. No. 220, H. Res. 1270, Expressing support for Municipal Utilities Authority. Mr. Higgins rep- Madam Speaker, I ask that my colleagues Mathematics Awareness Month. resented both governmental and personal cli- join me in celebrating the Montgomery County f ents with the utmost vigor and integrity. Senior Games & Expo’s 25th anniversary and Mr. Higgins has also served as chairman of in wishing the volunteers, participants, and RECOGNIZING WORLD MALARIA the Health Care Facilities Finance Authority. In community many more years of health and fel- DAY 2010 this role, he helped obtain financing for the lowship. construction, expansion and renovation of hos- f HON. JIM McDERMOTT pitals and other health care facilities through- OF WASHINGTON HONORING ISRAELI out the state of New Jersey. Additionally, he IN THE HOUSE OF REPRESENTATIVES has served as a Camden County Freeholder, INDEPENDENCE DAY Thursday, April 22, 2010 as a chief fundraiser for the Camden County SPEECH OF Democratic Committee and as a member of Mr. MCDERMOTT. Madam Speaker, I rise the Finance team for the campaigns of New HON. MAURICE D. HINCHEY today in support of 2010 World Malaria Day, Jersey Governor Jim Florio in 1989 and 1993. OF NEW YORK an issue of great importance to me. I wit- Among his most rewarding moments was pre- IN THE HOUSE OF REPRESENTATIVES nessed the widespread devastation malaria paring the background information for the suc- can cause both times I lived in Africa, first in Wednesday, April 21, 2010 cessful nomination of Governor Florio for the Ghana with a program called Operation Cross- 1993 John F. Kennedy Profiles in Courage Mr. HINCHEY. Madam Speaker, I rise today roads and then when I worked in Zaire (now Award. to honor and celebrate the State of Israel on the Democratic Republic of Congo) as a For- All who know Mr. Higgins know his love of the occasion of its 62nd anniversary. For 62 eign Service Medical Officer. While the dis- law and politics is exceeded only by his love years, the United States and the modern State ease affects people in every corner of the for his wife, Kathy, his partner and teammate of Israel have shared a deep friendship and globe, it is particularly destructive to sub-Sa- for 27 years. Until her passing in 2006, the strong bonds of cooperation. Since the estab- haran Africa. There are 250 million malaria two were inseparable and together were an in- lishment of our ally in May 1948, the United cases worldwide and nearly one million deaths spirational story of love and dedication. A de- States and Israel have been united by their are caused by malaria every year, ninety per- voted family man, Mr. Higgins’ takes great strong ties and mutual democratic values. cent of which occur in sub-Saharan Africa. pride in the successes and achievements of This week, we pay tribute to the tremendous About 3.3 billion people—about one-half of the his seven children, and in the blissful faces of accomplishments of the State of Israel, which world’s population—are at risk of contracting his twelve grandchildren. has developed a prosperous, educated, and the disease. It is important to recognize the

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.007 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E621 damage that this disease afflicts on the gen- to improve veterans’ health care and its many ful American treasure. Midge was outspoken eration of the future: seventy percent of the support services. and altruistic, passionate, witty and direct. You deaths caused by malaria happen to children As a nurse, I’ve seen first-hand the dev- always knew where you stood with Midge and, under the age of five, and one in every five astating consequences of inadequate health whether you agreed with her or not, you val- childhood deaths in Africa is due to malaria. care for our nation’s veterans. America has a ued her perspective and enjoyed being around Though the statistics are staggering, it is im- sacred obligation to ensure these brave men her. portant to recognize the progress that we’ve and women receive the highest quality care During her more than fifty years of public made in treating the disease. We are farther and today that commitment extends to those service and civic activism, Midge did more along than ever in developing a successful dedicated individuals who care for our wound- than break down barriers. She established vaccine to combat malaria and more and more ed warriors. new patterns. History records her accomplish- people have access to anti-malarial drugs. f ments as a series of firsts. She was the first And because of an increased focus on out- woman elected to the Rochester City Council. IN RECOGNITION OF AMERICAN reach, people are being educated about the She was the first woman with an office in the OSTEOPATHIC ASSOCIATION (AOA) importance of taking preventive steps like uti- West Wing of the White House. She was one lizing netting to prevent mosquito bites which of the first women in politics to grace the spread the disease. HON. TOM PRICE cover of Newsweek. But being first wasn’t Yet with all of the progress, we must con- OF GEORGIA what defined Midge; it was what she did once tinue to press forward with attempts to de- IN THE HOUSE OF REPRESENTATIVES there that marked her legacy. velop new tools and technologies to combat Thursday, April 22, 2010 When President Carter gave her an office in the spread of malaria. With the work and dedi- the West Wing, Midge used it to be a ‘‘window cation of many nongovernmental organiza- Mr. PRICE of Georgia. Madam Speaker, on to the nation.’’ She brought constituencies into tions, including PATH, a nongovernmental or- April 19, 1897 a group of osteopathic medical the White House that had never been there ganization located in my district that is leading students at the American School of Osteop- before. She met with gay and lesbian leaders, the way in developing global health tech- athy in Kirksville, Missouri founded what is the poor, and the disabled. She was particu- nology, I am confident that we will have made today the American Osteopathic Association. larly active in fighting for women’s equality, even greater progress when we observe Today I along with Dr. BROUN, Dr. BURGESS, advocating for issues including the passage of World Malaria Day next year. Dr. CASSIDY, Dr. FLEMING, Dr. GINGREY, Dr. the Equal Rights Amendment and the protec- f KAGEN, Dr. PAUL, and Dr. ROE, rise to honor tion of women’s reproductive rights. the anniversary of the American Osteopathic Midge championed women in politics, sup- CAREGIVERS AND VETERANS Association and recognize the more than porting female candidates at all levels and OMNIBUS HEALTH SERVICES ACT 67,000 osteopathic physicians (D.O.s) for their working to appoint more women to high office. contributions to the American healthcare sys- When she worked in the White House, there SPEECH OF tem. were only eighteen women in the House of Over the past 113 years, osteopathic physi- HON. LOIS CAPPS Representatives and two in the Senate. cians have provided high quality care to mil- OF CALIFORNIA Today, seventy-six women serve in the House lions of patients and contributed to the ad- IN THE HOUSE OF REPRESENTATIVES and seventeen serve in the Senate. As a vancement of medical science. The osteo- Wednesday, April 21, 2010 prime example of her dry wit Midge once re- pathic profession’s commitment to primary marked on this subject, ‘‘When we start elect- Mrs. CAPPS. Mr. Speaker, it is with great care and caring for underserved communities ing and appointing mediocre women—then, pride that I rise today to express my support are commendable and are essential to the and only then, we will achieve total equality for the Caregivers and Veterans Omnibus success of our health care system. with men.’’ Health Services Act (S. 1963). This important Over the past 20 years the profession has piece of legislation is a tremendous step for- experienced tremendous growth. Today, one I attended some of the numerous trainings ward for our nation’s bravest men and women, out of every five medical schools students are Midge conducted for women candidates of and the dedicated caregivers who support enrolled in a college of osteopathic medicine both parties. She coached us in the art of pub- them. and total enrollment in the nation’s colleges of lic speaking. She was a wonderful teacher This landmark legislation will strengthen osteopathic medicine exceeds 16,000 stu- who helped women develop confidence in health care services for our nation’s veterans dents. The profession is well positioned to their abilities. But she was more than a public by expanding services for women veterans, play an important role in alleviating the physi- speaker; she was a storyteller. She could cap- providing resources to caregivers of wounded cian workforce shortage over the next decade. tivate an audience with a story of her time in veterans, improving health care for veterans Osteopathic physicians practice in every the Carter Administration, boasting that Mikhail living in rural areas, providing greater access specialty and subspecialty of medicine. They Baryshnikov flirtatiously asked her to dance at to mental health services, and expanding as- practice in the most elite academic institutions a White House event, or she would show a sistance to homeless veterans. Importantly, and successful group practices. However, a photo of herself playfully sparring with Muham- the legislation has received strong endorse- majority of osteopathic physicians continue the mad Ali. ments from numerous veterans groups, includ- profession’s long-standing tradition by focusing Midge’s gift for speaking was her ability to ing the VFW, American Legion, Disabled their careers on primary care specialties, gen- move her listeners. She could make an audi- American Veterans, AMVETS, the Wounded eral surgery, emergency medicine, and obstet- ence feel as strongly as she did about an Warrior Project, and Paralyzed Veterans of rics. issue, and charm them with the force of her America. These dedicated professionals provide an convictions and the forcefulness of her words. Among its many critical provisions, I am par- invaluable service to our nation, and we ap- And she could instantly move an audience ticularly proud of the expansion of VA services plaud their history and their ongoing efforts to from heartfelt passion to unbridled laughter. offered to the 1.8 million women who have improve the health of our nation. I learned a great deal from Midge, and I courageously served their country, including f was proud to have her as my guest at Presi- child care for women receiving intensive men- dent Obama’s inauguration. Part of her legacy tal and physical health care services, and HONORING MARGARET ‘‘MIDGE’’ is the fact that today, it is not just women post-delivery health care for newborns. In ad- COSTANZA working in the West Wing who make the cover dition, the expansion of mental health benefits, of Newsweek, but women running for Presi- greater support for caregivers, and help for HON. SUSAN A. DAVIS dent who do as well. homeless vets will improve the lives of millions OF CALIFORNIA Midge was fond of hearing people say to of brave men and women and their families. IN THE HOUSE OF REPRESENTATIVES her, ‘‘You’ve come a long way, baby.’’ She This important legislation exemplifies the would coyly reply, ‘‘Gosh, have I come a long Democrat-led 111th Congress’ unwavering Thursday, April 22, 2010 way. And I love being called baby.’’ Because commitment to our veterans and their families. Mrs. DAVIS of California. Madam Speaker, of Midge, our political system has come a long Tremendous advances in battlefield medicine I rise today to celebrate the life of Margaret way, as well. Many of us in office today owe have increased the survival rate of wounded ‘‘Midge’’ Costanza, a personal friend of mine, a debt of gratitude to Midge Costanza, our soldiers in Iraq and Afghanistan and made it a mentor to women in politics across our mentor and friend, because she was willing to even more important that we constantly work country, and a naturally charismatic and color- go first.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K22AP8.009 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E622 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 COMMENDING COMCAST MIAMI ON 202 (on motion to suspend the rules and So even as he is recognized for his distin- COMCAST CARES DAY 2010 agree to H. Res. 1249), ‘‘aye’’ on rollcall vote guished service in the Coast Guard, Arthur No. 203 (on motion to suspend the rules and Katz will continue to serve as an inspiration to HON. LINCOLN DIAZ-BALART agree to H. Res. 1246). future generations of Coast Guard officers. For Thursday, April 15, 2010, had I been OF FLORIDA This is a fitting and much deserved honor for present I would have voted ‘‘no’’ on rollcall IN THE HOUSE OF REPRESENTATIVES a man to whom we all owe an enormous debt vote No. 204 (on agreeing to H. Res. 1248, of gratitude that can never be fully repaid. Thursday, April 22, 2010 which provides for consideration of H.R. Arthur Katz has exemplified the American Mr. LINCOLN DIAZ-BALART of Florida. 4715), ‘‘aye’’ on rollcall vote No. 205 (on mo- spirit in service to his country, his community, Madam Speaker, I rise to honor Comcast tion to suspend the rules and agree to H. Res. his family, and his faith. Such a life carries an Cares Day, an annual day of service that is 1062), ‘‘aye’’ on rollcall vote No. 206 (on mo- honor all its own, and it is my distinct privilege one of the largest single-day volunteer efforts tion to refer H. Res. 1255, raising a question to recognize him here today. in the country. Comcast is an active and en- of the privileges of the House), ‘‘no’’ on rollcall f gaged member of the Miami-Dade community vote No. 207 (on Shea-Porter amendment to and supports its well-being through annual vol- H.R. 4715), ‘‘aye’’ on rollcall vote No. 208 (on THE CONGRESSIONAL YOUTH AD- unteer activities. motion to recommit H.R. 4715 with instruc- VISORY COUNCIL: A LEGACY OF This year’s event will be the ninth annual tions), ‘‘no’’ on rollcall vote No. 209 (on pas- SERVICE company-wide day of service. Since 2001, sage of H.R. 4715), ‘‘aye’’ on rollcall vote No. Comcast employees have given more than 210 (on motion to suspend the rules and HON. SAM JOHNSON 500,000 hours of service to more than 725 agree to H. Res. 1242), ‘‘no’’ on rollcall vote OF TEXAS non-profit community partners across the No. 211 (On motion to concur in the Senate IN THE HOUSE OF REPRESENTATIVES amendment to H.R. 4851, the Continuing Ex- country. In recognition of the efforts of their Thursday, April 22, 2010 employees, The Comcast Foundation has also tension Act). contributed $8 million to its community part- f Mr. SAM JOHNSON of Texas. Madam Speaker, I ask my fellow colleagues to join me ners in support of their year-round work in our HONORING ARTHUR E. KATZ communities. in congratulating the 2009–2010 Congres- Comcast Miami has announced the Edgar J. sional Youth Advisory Council. This year 45 Hall Special Populations Center as the recipi- HON. TOM PRICE students from public, private, and home OF GEORGIA ent of Comcast Cares Day 2010. Edgar J. Hall schools in grades 9 through 12 made their IN THE HOUSE OF REPRESENTATIVES Special Population Center is part of the City of voices heard and made a difference in their Hialeah’s Recreation and Community Services Thursday, April 22, 2010 communities, their country and their Congress. Department, which provides recreational pro- Mr. PRICE of Georgia. Madam Speaker, I These students volunteered their time, effort, grams for adults with disabilities, particularly rise today to honor Mr. Arthur E. Katz, a 1963 and talent to inform me about the important the developmentally disabled. It is home to the graduate of the United States Coast Guard issues facing their generation. As young lead- largest Special Olympics delegation in Miami- Academy and a longtime resident of Sandy ers within their communities and their schools, Dade County. Springs, Georgia. As I’ll explain in a moment, these students boldly represent the promise On April 24th more than 600 employees and tomorrow, April 23, 2010, is a very special day and the hope we all have for their very bright their families will start Comcast Cares Day at for Arthur. But first, allow me to tell you a bit future. Bucky Dent Park in the City of Hialeah. more about this man who has lived a President Ronald Reagan said, ‘‘Freedom is Projects include the planting of a food garden, quintessentially American life. never more than one generation away from a grounds and building make-over, and new After his graduation from the Academy, Ar- extinction. We didn’t pass it to our children in upgrades which will increase accessibility for thur Katz served with distinction in the United the bloodstream. It must be fought for, pro- the disabled. States Coast Guard, eventually rising to the tected, and handed on for them to do the I wish to recognize Comcast and their em- rank of Lieutenant, Junior Grade. In 1965 and same, or one day we will spend our sunset ployees for their dedication to serving the 1966, he was stationed in Vietnam as the years telling our children and our children’s community, and I congratulate the Edgar J. Commanding Officer of the USCGC Point Cy- children what it was once like in the United Hall Special Population Center and the City of press. While some here today may not know States where men were free.’’ Hialeah for being this year’s beneficiary of it, the duties of the Coast Guard often take its To ensure that the blessing of freedom is Comcast Cares Day. men and women far from American shores. passed from one generation to the next, the f For his leadership at the helm of the Point members of the CYAC spent time interviewing Cypress, Arthur received the Bronze Star, one a veteran and documenting the experience for PERSONAL EXPLANATION of our nation’s highest military honors. Arthur’s the ‘‘Preserving History Project.’’ Today I’m Bronze Star was accompanied by the Combat proud to submit the brief summaries provided HON. J. GRESHAM BARRETT Distinguishing Device in particular recognition so the patriotic service of our dedicated vet- OF SOUTH CAROLINA of his masterful handling of the Point Cypress erans and the thoughtful work of the CYAC IN THE HOUSE OF REPRESENTATIVES in a vicious firefight with several Viet Cong may be preserved for antiquity in the CON- junks in June of 1966. His quick thinking and GRESSIONAL RECORD. A copy of each sub- Thursday, April 22, 2010 well executed strategy led to the destruction or mitted student summary follows. Mr. BARRETT of South Carolina. Madam disabling of all enemy craft in that action with- To each member of the Congressional Speaker, unfortunately, I missed the following out a single American casualty. Youth Advisory Council, thank you for making recorded votes on the House floor the legisla- Arthur later returned to civilian life, earning this year and this group a success. It is not a tive week of Tuesday, April 13, 2010. an MBA from Rutgers University and running coincidence that this congressional tribute For Tuesday, April 13, 2010, had I been his own small business. He has volunteered celebrates two generations of service. Each of present I would have voted ‘‘aye’’ on rollcall countless hours for the local community over you is trusted with the precious gift of free- vote No. 196 (on motion to suspend the rules the years, including his time on the Board of dom. and agree to H. Res. 1222), ‘‘aye’’ on rollcall the Marcus Jewish Community Center of At- You are the voices of the future and I salute vote No. 197 (on motion to suspend the rules lanta and as the President of Emanu-El syna- you. God bless you and God bless America. and agree to H. Res. 1041), ‘‘aye’’ on rollcall gogue in Sandy Springs. Today, he and his The summary follows: vote No. 198 (on motion to suspend the rules wife of forty-six years are the proud forebears American history, a resonant prize of the and agree to H. Res. 1042). of three children and seven grandchildren. past, is a call to duty for the future. The For Wednesday, April 14, 2010, had I been And tomorrow, on April 23, 2010, Arthur will leaders who established freedom in America present I would have voted ‘‘aye’’ on rollcall be inducted into the Wall of Gallantry at the have been succeeded by equally adroit and vote No. 199 (on motion to suspend the rules United States Coast Guard Academy. Accord- faithful men and women. One such individual is the retired Colonel Bill Knudsen, who and agree to H. Res. 1236), ‘‘aye’’ on rollcall ing to the Academy’s own description, the served in the Air Force for 23 years, spanning vote No. 200 (on motion to suspend the rules Wall of Gallantry provides ‘‘a regular reminder the Vietnam and the Cold Wars. The recipi- and agree to H.R. 4994), ‘‘aye’’ on rollcall vote to Cadets and the public of the scope of re- ent of six Air Medals, Mr. Knudsen flew No. 201 (on motion to suspend the rules and sponsibilities and sacrifice demanded of Coast along Vietcong trails to monitor sensors, di- agree to H.R. 3125), ‘‘no’’ on rollcall vote No. Guard officers throughout history.’’ rected flights in Thailand, and spent three

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.009 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E623 years in Alaska as an Intelligence Officer. was awarded the Distinguished Flying Cross, over the past century in ensuring Oakland Mr. Knudsen’s family and military back- the Air Medal with four oak leaf clusters, the County residents have access to high quality ground reveals three paramount principles: Meritorious Service Medal, the Air Force Com- health services and I wish the Association the contribution of leaders, the cost of freedom, and the duty of citizens. Mr. Knudsen mendation Medal, the Good Conduct Medal many more productive years of fighting to reflects the devotion of leaders—ordinary in- with four oak leaf clusters, Non-commissioned make Oakland County healthier and stronger. dividuals with humble and selfless attitudes. Officer Professional Military Education Ribbon, f As the benefactors of the gift of freedom, it the National Defense Service Medal, the Viet- is our duty to responsibly elect dependable nam Service Medal with three bronze stars, H.R. 1132—THE SHORT LINE leaders and to encourage military men and the Republic of Vietnam Unit Cross of Gal- RAILROAD TAX CREDIT women. Because of dauntless leaders, Ameri- lantry with palm and device and the Republic cans are blessed with the unparalleled gift of freedom. With the rich history of our nation of Vietnam Campaign Medal. HON. VERNON J. EHLERS and the devoted leaders of our generation, we Upon retirement, Mr. Selby worked for the OF MICHIGAN hold great expectations for the continuance Chowchilla Water District, and later, as a IN THE HOUSE OF REPRESENTATIVES hydro-power operator. He was a Life Member of duty, the cultivation of wisdom, and the Thursday, April 22, 2010 conservation of our freedom.—Michelle Kim of the Chowchilla Veterans of Foreign Wars f Post 9896, American Legion Post 248, the Mr. EHLERS. Madam Speaker, I rise to Disabled American Veterans, a member of the urge the House to take up and pass H.R. HONORING ROBERT SELBY Chowchilla Masonic Lodge and the Civil Air 1132, which would extend the short line rail- Patrol. He served several terms as com- road tax credit as soon as possible. This credit HON. GEORGE RADANOVICH mander of the Chowchilla American Legion creates immediate jobs, leverages significant OF CALIFORNIA and VFW. He was an advocate of veterans’ amounts of private infrastructure investment IN THE HOUSE OF REPRESENTATIVES affairs and volunteered his time to take vet- and helps preserve much needed rail service Thursday, April 22, 2010 erans to appointments in Fresno and Madera. to rural and small town America. Mr. RADANOVICH. Madam Speaker, I rise Mr. Selby passed away in the beginning of This credit has produced significant results today to posthumously commend and con- 2010. He is survived by his wife of fifty years, since its enactment in 2004. Unfortunately the gratulate Robert Selby upon being awarded Shirley, two sons and three grandchildren. credit expired at the end of 2009. Nationally with the ‘‘Lifetime Achievement Award’’ by the Madam Speaker, I rise today to post- there are over 500 short line railroads oper- Veterans of Foreign Wars, Post 9896. Mr. humously honor the life of Robert Selby and ating 50,000 miles or nearly one quarter of the Selby was honored on Saturday, January 30, congratulate him upon being named as a ‘‘Dis- country’s rail network. In my own state of 2010 in Chowchilla, California. tinguished Life Member’’ by the Veterans of Michigan, short lines operate 52 percent of the Mr. Robert Selby was born in June 1936 in Foreign Wars, Post 9896. states total rail network and almost all of that Sparta, Tennessee. In 1961, Mr. Selby en- f is in areas no longer served by the large listed in the United States Air Force. He was Class I railroads. The majority of Michigan’s sent to Lackland Air Force Base, Texas for his IN RECOGNITION OF THE OAK- agricultural products that move by rail move basic training. He then completed training as LAND COUNTY HOSPITAL ASSO- by short line rail. a Jet Mechanic and Flight Engineer. CIATION’S 100TH ANNIVERSARY Today’s short lines are small businesses While fighting in Vietnam, Mr. Selby served OF SERVICE TO THE RESIDENTS that saved the track the large national rail- with special Air Force units flying out of Nha OF OAKLAND COUNTY roads would otherwise have abandoned. This Trang, Vietnam on covert missions into Laos tax credit has played a critical role in helping and North Vietnam. His tour consisted of flying HON. GARY C. PETERS preserve this valuable transportation infra- on many secret missions deep into enemy ter- OF MICHIGAN structure. If we do not extend it soon, the ritory, inserting agents and hampering North IN THE HOUSE OF REPRESENTATIVES 2010 work season will be lost and with it we will lose a very cost efficient way to create Vietnamese communications in advance of Thursday, April 22, 2010 U.S. bombing raids. During one particularly jobs and rehabilitate our rail infrastructure. challenging mission on an HC–130, the air- Mr. PETERS. Madam Speaker, I rise today Currently, H.R. 1132 is co-sponsored by a craft was forced to fly low through heavy to recognize the Oakland County Hospital As- bi-partisan majority of the House, 259 Mem- weather and mountainous terrain to drop sup- sociation (OCHA) on the occasion of its 100th bers. Surely with that kind of support we can plies to combat forces. For his performance year. As a Member of Congress it is both my find a way to enact this legislation before it is during this particular mission, Mr. Selby was privilege and honor to recognize the Oakland too late to enjoy its benefits in 2010, a year in awarded the Distinguished Flying Cross. County Hospital Association for its century of which Michigan desperately needs new jobs. Upon returning to the United States after the work creating a stronger and healthier Oak- f war ended, Mr. Selby completed the Non- land County. Commissioned Officers’ Academy. Later, he At the beginning of the 20th Century the COMMEMORATING THE 95TH ANNI- completed the Command Staff Non-Commis- Oakland County Hospital Association was VERSARY OF THE ARMENIAN sioned Officers’ Academy and Air Force Spe- formed with the mission of meeting the health GENOCIDE cial Operations. Throughout his military career needs of all of Oakland County’s residents. Mr. Selby completed many advanced training After nine years of planning, fundraising, and HON. HENRY A. WAXMAN courses including, cross-training with the construction the Association opened Oakland OF CALIFORNIA United States Army infantry units and the M– County Hospital in Pontiac on May 18, 1910 to IN THE HOUSE OF REPRESENTATIVES fulfill this mission. Over 100 years after it was 24 Tank, Advanced Flying Course in Turbo Thursday, April 22, 2010 Propulsion, the Combat Talon, the Air Force founded, Oakland County Hospital, now Doc- Supervisor’s Management Course, and the tors’ Hospital of Michigan, remains dedicated Mr. WAXMAN. Madam Speaker, this week, United States Air Force Trainer-Supervisor to providing quality care to its patients. we solemnly commemorate the 95th Anniver- Course. He served on many aircraft, including Known by many names over the years, sary of the beginning of the Armenian Geno- the B–66 and the C–130, units and bases. He Oakland County Hospital, Pontiac City Hos- cide. served with the 60th Military Air Wing, 8th pital, Pontiac General, North Oakland Medical From 1915 to 1923, the Ottoman Govern- Special Operations Service, 778th TAS, 42nd Center and finally Doctors’ Hospital, the facility ment sought to destroy Armenian communities TRS and 10th TRW. has been an ever-present part of the greater through a systematic campaign of terror. Men In October 1968, while serving with a C–130 Pontiac Oakland area as a symbol of commu- were separated from their families and mur- squadron in Bermuda providing search and nity-focused medical treatment. With Doctors’ dered; women and children were forced to rescue missions, Mr. Selby was involved with Hospital continuing to serve patients at the march across the Syrian Desert, and killed if the successful NASA Apollo 7 mission. Apollo original location of Oakland County Hospital, they lagged behind. At the time, the United 7 was launched and was the first manned mis- the mission of OCHA will continue to be ful- States took bold diplomatic, political, and hu- sion. For eleven days, while the spacecraft or- filled for many years to come. manitarian action to end the bloodshed and bited earth, Mr. Selby and squadron mates Madam Speaker, I ask my colleagues to join protect the survivors. Ninety-five years later, were available to assist if necessary. me today in celebrating the 100th anniversary we must continue to take pride in our efforts Master Sergeant Selby retired from the Air of the Oakland County Medical Association. and reaffirm our commitment to ending geno- Force in June 1981. For his service, Mr. Selby The Association has been an integral voice cide and defending human rights for all.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.011 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E624 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 Sadly, there still remain those who aggres- country via her son, David Thompson, who is HONORING ISRAELI sively deny or raise doubt about this chapter currently serving in Korea with the U.S. Army. INDEPENDENCE DAY of history. The Republic of Turkey threatens In closing, I respectfully urge my colleagues SPEECH OF severe diplomatic consequences to nations to join me in saluting Commander Thompson that officially recognize the genocide, and cur- for her distinguished service and outstanding HON. JIM GERLACH rent Turkish law deems discussion of the commitment to our country. OF PENNSYLVANIA genocide to be a criminal offense. Moreover, IN THE HOUSE OF REPRESENTATIVES as a part of negotiations to end its seventeen- f year blockade of the modern nation of Arme- Wednesday, April 21, 2010 nia, Turkey has insisted on the establishment IN HONOR OF ARTHUR H. Mr. GERLACH. Mr. Speaker, I rise today to of a new historical commission to study the ROSENFELD’S OUTSTANDING CA- honor the citizens of Israel and all Jewish- events of 1915 to 1923, as if abundant schol- REER OF PUBLIC SERVICE Americans as they celebrate Israel’s 62nd arly evidence of genocide did not already Independence Day. exist. Israel and its citizens have demonstrated If we are to prevent future atrocities, we HON. GEORGE MILLER tremendous resilience in the face of constant must not be afraid to speak out about those threats to their personal and national security. that have taken place in the past. I am proud OF CALIFORNIA The United States has no stronger ally in the to have cosponsored H. Res. 252, which IN THE HOUSE OF REPRESENTATIVES Middle East than Israel. The special relation- passed the House Foreign Affairs Committee ship between the U.S. and Israel is rooted in on March 4, 2010. The resolution calls upon Thursday, April 22, 2010 our common commitment to democratic values the President to ensure that the foreign policy and shared vision of establishing and main- of the United States reflects appropriate un- Mr. GEORGE MILLER of California. Madam taining a lasting peace in the region. derstanding and sensitivity of the United Speaker, I rose on February 3rd to pay tribute Israel’s Independence Day should serve as States record relating to the Armenian Geno- to Arthur H. Rosenfeld for his lifetime of serv- an occasion to renew our commitment to the cide. That vote—as well as today’s somber ice and leadership on energy conservation, on long-term security of our cherished ally and re- tribute—reflects our determination to honor the behalf of myself and the following members: affirm that a strong Israel is vital to our na- memory of the genocide’s victims and leads Representatives HENRY WAXMAN, LOIS CAPPS, tional interest and the stability of the Middle us to vow, once more, that genocide will never GRACE NAPOLITANO, LAURA RICHARDSON, LU- East. go unnoticed, unmentioned, or unmourned. CILLE ROYBAL-ALLARD, JACKIE SPEIER, JANE Daniel Kutner, Consul General of Israel to f HARMAN, DORIS MATSUI, BRAD SHERMAN, HOW- the Mid-Atlantic Region of the United States, ARD BERMAN, JOHN GARAMENDI, MICHAEL M. will welcome supporters of Israel to the annual HONORING HELEN THOMPSON HONDA, BOB FILNER, and ZOE LOFGREN. I Independence Day Ceremony on April 26, would like to submit for the RECORD a letter 2010 at the Museum of Archeology and An- HON. SAM GRAVES sent by members of the California congres- thropology in Philadelphia, Pennsylvania. OF MISSOURI sional delegation to Mr. Rosenfeld on the oc- Mr. Speaker, I ask that my colleagues join IN THE HOUSE OF REPRESENTATIVES casion of his retirement as a member of the me today in recognizing the citizens of Israel Thursday, April 22, 2010 California Energy Commission. and all Jewish-Americans as they commemorate this extremely special milestone and ex- Mr. GRAVES. Madam Speaker, I rise today Dear Art: pressing unwavering support for the security to honor Commander Helen Thompson on the Please accept our good wishes on your re- and stability of this shining beacon of democ- occasion of her retirement from the United tirement as a member of the California En- racy in a turbulent Middle East. States Navy. Commander Thompson has ergy Commission. f bravely and selflessly served our country for For over half a century, you have led the over 25 years, and for her service our nation energy efficiency movement in California THE CONGRESSIONAL YOUTH AD- is forever grateful. and nationally. As a result of your inspira- VISORY COUNCIL: A LEGACY OF Commander Thompson enlisted in the U.S. tion and innovative leadership, offices and SERVICE Navy in 1978 following graduation from high homes throughout California, and the appli- school. One of her first assignments was on ances our residents purchase, are more en- HON. SAM JOHNSON ergy efficient than ever before. the USS L Y Spear where she was among the OF TEXAS first group of women to serve in the gray ship Californians today use no more energy IN THE HOUSE OF REPRESENTATIVES Navy. While with the ship company she sup- than they did three decades ago. New energy ported the operation in the Middle East during efficiency mandates you have sponsored are Thursday, April 22, 2010 the Iranian Hostage Situation in 1980. expected to deliver energy dividends of $8 Mr. SAM JOHNSON of Texas. Madam After five years of active duty service, Com- billion or more over the next decade. Speaker, I ask my fellow colleagues to join me mander Thompson joined the Naval Reserve As you have often said, ‘‘the cheapest en- in congratulating the 2009–2010 Congres- and pursued her education. Commander ergy is what you don’t use.’’ California’s sional Youth Advisory Council. This year 45 Thompson graduated from Winona State Uni- economy is more productive and efficient, students from public, private, and home versity in 1989 and subsequently received a our air is cleaner, and our energy industries schools in grades 9 through 12 made their commission in the Medical Service Corps. and research centers are more dynamic be- voices heard and made a difference in their Commander Thompson furthered her edu- cause of your work. communities, their country and their Congress. cation by earning a graduate degree in Infor- You have changed the thinking of industry These students volunteered their time, effort, mation Technology Management from the and government, and changed the habits of and talent to inform me about the important Naval Postgraduate School and earned a cer- Californians from all walks of life in terms issues facing their generation. As young lead- tificate degree in the Department of Defense of how we think about and use energy on a ers within their communities and their schools, daily basis. Chief Information Office Certification Program these students boldly represent the promise from the National Defense University. Her These are exceptional achievements, and and the hope we all have for their very bright countless honors and awards include four they are a lasting legacy of an exemplary ca- future. Navy Commendation Medals, the Navy reer in public service. Your work has dra- President Ronald Reagan said, ‘‘Freedom is matically improved our public policy—not Achievement Medal, and the Global War on only in California but across the nation. never more than one generation away from Terrorism Expeditionary Medal. extinction. We didn’t pass it to our children in In addition to protecting our nation’s free- Accordingly, as members of the California the bloodstream. It must be fought for, pro- doms, Commander Thompson is a wife, moth- Congressional delegation, we want to take tected, and handed on for them to do the public note of your work, to thank you for er and grandmother. I know her husband, Les- your unstinting public service, and to ex- same, or one day we will spend our sunset lie Thompson, her children, David, Leslie Rae press our appreciation for all you have done years telling our children and our children’s and Barbara, and her two grandchildren David to benefit our State, to promote America’s children what it was once like in the United Cole II and Haileigh, are proud of her service. energy security, and to shine a light that States where men were free.’’ Further, Commander Thompson’s family con- will help lead the way to a clean energy fu- To ensure that the blessing of freedom is tinues the proud tradition of service to their ture for our country in the 21st century. passed from one generation to the next, the

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.015 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E625 members of the CYAC spent time interviewing Unfortunately, the federal budget deficit is in Burbank. These four young leaders are a veteran and documenting the experience for projected to exceed $1 trillion for the next two among 105 Illinois students selected from the ‘‘Preserving History Project.’’ Today I’m fiscal years and hover around $800 billion an- 2,125 nominations as 2010 Golden Apple proud to submit the brief summaries provided nually for the foreseeable future. These cur- Scholars. so the patriotic service of our dedicated vet- rent levels of spending are simply The Golden Apple Scholars program recog- erans and the thoughtful work of the CYAC unsustainable. nizes Illinois high school seniors dedicated to may be preserved for antiquity in the CON- That is why I am proud that the Republican the profession of teaching. The Golden Apple GRESSIONAL RECORD. A copy of each sub- Conference recently adopted a party rule that Scholars program is run by the Golden Apple mitted student summary follows. instills a year-long moratorium on Members Foundation, which promotes excellence in To each member of the Congressional obtaining ‘‘earmarks’’ in the FY2011 appropria- teaching through a vast array of support pro- Youth Advisory Council, thank you for making tions process. The earmark process is broken grams for current teachers and by training stu- this year and this group a success. It is not a and is in desperate need of reform. dents to enter the teaching profession. Those coincidence that this congressional tribute While I am pleased that the Republican selected as Golden Apple Scholars receive a celebrates two generations of service. Each of Conference has adopted a one-year earmark $15,000 college scholarship, as well as valu- you is trusted with the precious gift of free- moratorium, the simple fact is that our policy able, hands-on professional summer training. dom. will not save the taxpayers a dime unless In return Golden Apple Scholars commit to You are the voices of the future and I salute Democrats reduce spending by the amount working for five years in high-need Illinois you. God bless you and God bless America. saved by the Republican moratorium. Other- schools. The summary follows: wise, they will be able to just spend the Thanks to this award, these four students Horace Easton Bradford is a Texas veteran money saved by the Republican earmark ban will be able to bring their energy, enthusiasm, who fought in World War Two. He joined the military right out of high school in 1941 be- on their own Democratic earmarks. and knowledge to classrooms across Illinois cause he believed it was the right and patri- Madam Speaker, the American people want that are in desperate need of highly qualified otic choice. During his military career, Mr. earmark reform because they want to rein in teachers. It is an honor to represent students Bradford obtained the rank of Staff Sergeant out-of-control spending. In order to actually whose own continued education will become a and fought in Northern Africa and Europe in help achieve this goal, I am introducing this foundation for the education of others. WWII. His job was to maintain and oversee resolution today with virtually all of my Repub- As a former educator, I understand the hard airplane maintenance and service. Planes lican colleagues. Specifically, our resolution: work and dedication it takes to succeed in had to be in the best condition before they ‘‘Expresses the sense of Congress that such a demanding, important profession. I ask could fly out and perform missions and assignments. Although it was hard work, Staff House Democrats should join House Repub- you to join me in honoring these four future Sergeant Bradford was able to explore a to- licans in a total ban on earmarks for one year, teachers for their outstanding commitment to tally different area of the world while serv- that total discretionary spending should be re- their community and state, and in recognition ing the country he loved. duced by the amount saved by earmark mora- of their designation as 2010 Golden Apple Discovering Horace Bradford’s experiences toriums and that a bipartisan, bicameral com- Scholars. in combat in a major world war was truly a mittee should be created to review and over- f life changing experience for me. Reading his- haul the budgetary, spending and earmark tory in textbooks is nothing compared to an HONORING JOHN LAWSON individual’s personal encounter with history. processes.’’ I was able to use my background knowledge I hope that all Members of the House will in U.S. history to understand his experiences join House Republicans in supporting this res- HON. GEORGE RADANOVICH in WWII. I could feel his compassion and his olution and thus commit ourselves to the will OF CALIFORNIA dedication to the Army. His service in war- of the American people to eliminate every cent IN THE HOUSE OF REPRESENTATIVES time helped reinforce my appreciation to all of waste and squeeze every cent of value out Thursday, April 22, 2010 servicemen who have fought in world con- of each hard-earned taxpayer dollar. flicts.—Richard Hung Mr. RADANOVICH. Madam Speaker, I rise f f today to commend and congratulate John PERSONAL EXPLANATION Lawson upon being awarded with the ‘‘Life- INTRODUCTION OF EARMARK time Achievement Award’’ by the Veterans of REFORM RESOLUTION HON. STEVE COHEN Foreign Wars, Post 9896. Mr. Lawson was OF TENNESSEE honored on Saturday, January 30, 2010 in HON. BOB GOODLATTE Chowchilla, California. IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA Mr. John Lawson was born and raised in IN THE HOUSE OF REPRESENTATIVES Thursday, April 22, 2010 Los Angeles, California where he graduated Thursday, April 22, 2010 Mr. COHEN. Madam Speaker, I was de- from Bell High School. After high school, Mr. Mr. GOODLATTE. Madam Speaker, I rise to tained from voting after attending the funeral Lawson enlisted in the United States Army in introduce a Resolution that expresses the will of Dr. Benjamin L. Hooks on Wednesday, April 1967 and was sent to Fort Campbell, Ken- of Congress to save taxpayer money and re- 21, 2010. If present, I would have voted ‘‘yea’’ tucky for basic training. Upon completion of duce the deficit. on the following rollcall votes: rollcall 214; roll- basic training, he was assigned a military oc- Madam Speaker, Thomas Jefferson once call 215; rollcall 216. cupational specialty in the Army Signal Corps. wrote: ‘‘To preserve [the] independence [of the f In November 1967, Mr. Lawson was or- people,] we must not let our rulers load us dered to Vietnam and was assigned to the with perpetual debt. We must make our elec- CONGRATULATING STEPHANIE 459th Signal Battalion; the same unit that tion between economy and liberty, or profu- CALDERON, LAUREN served in Europe at Normandy, North France sion and servitude.’’ GRYCZEWSKI, SOFIA RAMOS AND and Central Europe. Upon returning from Eu- As my colleagues may know, according to SARA SEWERYN ON RECEIVING rope after World War II, the battalion was de- the Congressional Budget Office, the federal THE GOLDEN APPLE SCHOLAR activated at Camp Pinedale, near Fresno, deficit is $655 billion through the first five AWARD California. The 459th Signal Battalion was re- months of FY 2010. This is $65 billion or activated in 1962 and made part of the Sixth 11.0% above the deficit through the first five HON. DANIEL LIPINSKI Army. In 1966, the battalion landed in Vietnam months of FY 2009—which ended up with the OF ILLINOIS as part of the 21st Signal Group, First Signal highest deficit in U.S. history ($1.4 trillion). IN THE HOUSE OF REPRESENTATIVES Brigade. In these challenging economic times it is While with the 459th Signal Battalion, Mr. even more important for government to control Thursday, April 22, 2010 Lawson encountered the TET Offensive that spending. Congress must control spending, Mr. LIPINSKI. Madam Speaker, I rise today the North Vietnamese unleashed. During this paving the way for a return to surpluses and to congratulate Illinois students Stephanie time, he performed duties as a troubleshooter, ultimately paying down the national debt, rath- Calderon of Reavis High School in Burbank, repairing radio equipment for combat and super than allow big spenders to lead us further Lauren Gryczewski of Shepard High School in porting units in various provinces of Vietnam. down the road of chronic deficits and in doing Palos Heights, Sofia Ramos of Mother The North Vietnamese successfully attacked so leave our children and grandchildren sad- McAuley High School in Chicago, and Sara U.S. forces and bases throughout South Viet- dled with debt that is not their own. Seweryn of the Queen of Peace High School nam, disrupting communications. Mr. Lawson

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.016 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E626 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 and his fellow soldiers worked tirelessly to casions and has held two appointments on Small businesses cannot afford lobbyists or keep critical communications intact for the NATO Headquarters staffs. He served as As- lawyers to grease the wheels to get govern- front-line combat units. During convoy be- sistant Chief of the Royal Naval Staff, respon- ment assistance. With more than 1.1 million tween Nha Trang to Tue Hoa and Da Nag to sible for representing the maritime case in the small businesses in Illinois accounting for 98.4 Tue Hoa, Mr. Lawson found himself under Ministry of the Defence, while concurrently percent of all employers, now is the time to mortar attack and rocket fire. For the out- planning the Navy’s future and coordinating its act. standing achievement and performance of the public communications strategy and outreach In the teeth of the Great Recession, Con- 459th, the Secretary of the Army awarded the activity. In an earlier assignment, Vice Admiral gress must work to protect the heart and soul 459th and its soldiers the Army Meritorious Massey led the Operations division of the of our economy by lowering taxes and de- Unit Commendation. United Kingdom’s Permanent Joint Head- creasing the regulatory burden so that small Mr. Lawson completed his combat tour in quarters, responsible for the conduct of joint business employers will begin hiring, putting Vietnam shortly after he was promoted to Spe- military operations in all current theatres, in- Americans back to work. cialist–4. He returned to the United States and cluding Iraq, Afghanistan and the Balkans. was honorably discharged. For his service, he Vice Admiral Massey has a first class Small businesses are disproportionately suf- was awarded the National Defense Service Honours degree from the University of Liver- fering, accounting for nearly 80 percent of job Medal, the Vietnam Service Medal, the Viet- pool, and is a graduate of the Royal Naval losses and I urge my colleagues to become a nam Campaign Medal with device, the Good Staff College and the Royal College of cosponsor of this commonsense legislation. Conduct Medal, the Army Meritorious Unit Defence Studies. Selected for promotion to Let us grow this economy and put people Commendation Ribbon and the Republic of Vice Admiral in July 2008, he was appointed back to work. Vietnam Unit Cross of Gallantry with palm and as Second Sea Lord, equivalent to our United frame. States Chief of Naval Personnel, and concur- f During his civilian life, Mr. Lawson worked rently serves as Commander-in-Chief, Naval as a truck driver until his retirement. Mr. Home Command and Flag Aide-de-Camp to HONORING THE CAREER AND Lawson is a Life Member of the Chowchilla Her Majesty the Queen. During the Queen’s ACHIEVEMENTS OF DAVID J. Veterans of Foreign Wars Post 9896. He has Birthday Honours of 2009, Vice Admiral HOLLEY two children and two grandchildren. Massey was appointed a Knight Commander Madam Speaker, I rise today to commend of the Order of Bath. and congratulate John Lawson upon being I ask my colleagues on both sides of the HON. TIM HOLDEN named a ‘‘Distinguished Life Member’’ by the aisle to rise with me to thank Vice Admiral Sir OF PENNSYLVANIA Veterans of Foreign Wars, Post 9896. I invite Alan Massey for his service to the Royal Navy IN THE HOUSE OF REPRESENTATIVES my colleagues to join me in wishing Mr. and for his long and distinguished career in Lawson many years of continued success. support of the mutual interests of the United Thursday, April 22, 2010 f Kingdom and the United States. We wish him Mr. HOLDEN. Madam Speaker, I rise today fair winds and following seas as he closes his TRIBUTE TO VICE ADMIRAL SIR to recognize Dave Holley, a constituent and military career and assumes his new duties as ALAN MASSEY, KCB, CBE, ADC- friend, who, on April 2, 2010, officially retired Chief Executive of the Maritime and Coast- ROYAL NAVY as General Manager of the Schuylkill County guard Agency. We also wish Vice Admiral Municipal Authority. Dave began his public ca- Massey, his wife Julie and their four children, HON. IKE SKELTON reer in 1973, working for the Schuylkill County James, Annabel, Tom and Sally, much suc- OF MISSOURI Municipal Authority as the Assistant Manager. cess, infinite happiness and good health in the IN THE HOUSE OF REPRESENTATIVES Two years later, he was promoted to General days ahead. Thursday, April 22, 2010 Manager and has served in that position for f Mr. SKELTON. Madam Speaker, I rise the past 33 years. today to honor Vice Admiral Sir Alan Massey, SMALL BUSINESS BILL OF RIGHTS Dave’s dedication to bettering the commu- Second Sea Lord of the Royal Navy, on the nities of Schuylkill County led him to be active occasion of his visit to the United States and HON. MARK STEVEN KIRK in state and national organizations. He served in anticipation of his impending retirement OF ILLINOIS as Past President and Past Regional Director from active duty following over three decades IN THE HOUSE OF REPRESENTATIVES of the Pennsylvania Municipal Authority Asso- of service in the Royal Navy. ciation; Vice Chairman of the Water Utility Thursday, April 22, 2010 Throughout a long and distinguished career, Council of Pennsylvania; and Past Secretary Vice Admiral Massey has consistently dem- Mr. KIRK. Madam Speaker, I rise today to and Treasurer of the Pennsylvania Section of onstrated exceptional leadership, stewardship introduce the Small Business Bill of Rights. the American Water Works Association. and unwavering commitment to members of For the last three years, Congress has hurt Socially, Dave is an active member of the the Royal Navy, and for this alone he de- small businesses with legislation to increase community in Pottsville, Pennsylvania. He is serves recognition and admiration. But it is his taxes and government regulation. It is time to current President of the AAA Schuylkill County many years of friendship and cooperation with show small businesses that we support them Motor Club, the Schuylkill County Motor Club the Armed Forces of the United States for by backing one bill that has it all, the Small Insurance Agency, and the Schuylkill/Pottsville which I pay tribute to this exceptional naval of- Business Bill of Rights. Chapter of the National Football Foundation ficer. Endorsed by the National Federation of and College Hall of Fame. He was the former Over the course of his career, Vice Admiral Independent Business (NFIB), this legislation President of the Pottsville Rotary Club and Massey has commanded a destroyer, a frig- would: Pottsville Rotary Little League. ate, and two aircraft carriers. In the wake of Protect secret ballots in union elections the terrorist attacks on the United States on Lower health costs with lawsuit reforms and His work in the community and profes- September 11, 2001, as a key ally in Oper- interstate competition sionally has earned Dave the respect and rec- ation Enduring Freedom, he led operations Lower energy costs with credits for efficient ognition of his friends, neighbors, and col- against the Taliban in Afghanistan while in equipment and hybrids leagues. Numerous associations have hon- command of HMS ILLUSTRIOUS. Additionally, Permit children to continue business with ored Dave with awards for his dedicated serv- at the onset of Operation Iraqi Freedom, while low/no death tax ice to municipal authorities in Pennsylvania commanding HMS ARK ROYAL, Vice Admiral Exempt small businesses from capital gains and the water supply field. Athletic organiza- Massey led the successful coalition amphib- tax for 10 years tions have recognized him for his dedication to ious assault into southern Iraq as part of Op- Make immigration laws easy to comply with honoring scholar athletes and his citizenship. eration TELIC. In recognition of his excep- Create a Patent Office fast lane for small Dave was even inducted into the Pottsville tional performance, he was appointed Com- business innovation Area School District’s All Sports Hall of Fame. mander of the Order of the British Empire on Limit federal paperwork through the SBA for I would like to congratulate Dave Holley on the United Kingdom’s Operational Honours small businesses to 200 hours annually his retirement after 33 years as General Man- List. Prevent AMT from taxing the middle class ager of the Schuylkill County Municipal Au- Vice Admiral Massey has served in the Min- Reduce deficit to encourage jobs and im- thority and thank him for his outstanding citi- istry of Defence, United Kingdom, on four oc- prove credit zenship in the community.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.020 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E627 HONORING KENNETH LASITER Madam Speaker, I rise today to commend ON HOUSE RESOLUTION TO RE- and congratulate Kenneth Lasiter upon being DUCE THE USE OF PLASTIC AND HON. GEORGE RADANOVICH named as a ‘‘Distinguished Life Member’’ by PAPER BAGS OF CALIFORNIA the Veterans of Foreign Wars, Post 9896. I in- IN THE HOUSE OF REPRESENTATIVES vite my colleagues to join me in wishing Mr. HON. JAMES P. MORAN Lasiter many years of continued success. Thursday, April 22, 2010 OF VIRGINIA f IN THE HOUSE OF REPRESENTATIVES Mr. RADANOVICH. Madam Speaker, I rise today to commend and congratulate Kenneth THE CONGRESSIONAL YOUTH AD- Thursday, April 22, 2010 Lasiter upon being awarded with the ‘‘Lifetime VISORY COUNCIL: A LEGACY OF Mr. MORAN of Virginia. Madam Speaker, as Achievement Award’’ by the Veterans of For- SERVICE we mark the 40th anniversary of Earth Day, I eign Wars, Post 9896. Mr. Lasiter was hon- ask my colleagues to consider cosponsoring a ored on Saturday, January 30, 2010 in HON. SAM JOHNSON resolution I am introducing today to reduce the Chowchilla, California. OF TEXAS use of plastic and paper bags. Mr. Kenneth Lasiter was born in Merced, IN THE HOUSE OF REPRESENTATIVES Single-use retail plastic and paper bags are California in 1946. He graduated from Thursday, April 22, 2010 bad for the environment. Both paper and plas- Chowchilla High School, where he played on Mr. SAM JOHNSON of Texas. Madam tic bags consume valuable natural resources two championship football teams. Mr. Lasiter Speaker, I ask my fellow colleagues to join me when produced, generate waste, and pollute attended Fresno City College for 1 year and in in congratulating the 2009–2010 Congres- the environment. They keep us dependent on 1966 he enlisted in the United States Army. sional Youth Advisory Council. This year 45 nonrenewable resources and impose external He completed basic training at Fort Ord, Cali- students from public, private, and home costs that we bear in the form of higher waste fornia, where he fired ‘‘expert’’ with the M–14 schools in grades 9 through 12 made their disposal costs, visual blight, the destruction of rifle. Mr. Lasiter went to Fort Rucker, Alabama voices heard and made a difference in their wildlife and the deaths of tens of thousands of for Aircraft Maintenance School; he completed communities, their country, and their Con- animal and marine life by entangling them in training with a specialty in helicopter mainte- gress. These students volunteered their time, the plastic or poisoning them through toxins nance and repair. He also completed courses effort, and talent to inform me about the im- that leach into the ground and waterways. We in the Code of Conduct and Military Justice. portant issues facing their generation. As use more than 100 billion plastic bags every After completing stateside training, Mr. young leaders within their communities and year and because they don’t biodegrade, each Lasiter was ordered to Vietnam in March their schools, these students boldly represent bag represents a persistent threat to the envi- 1967. He joined the 655th Transportation De- the promise and the hope we all have for their ronment. tachment, 12th Combat Aviation Brigade. The very bright future. While paper bags are less harmful to the 12th Brigade had deployed to Vietnam in 1965 President Ronald Reagan said, ‘‘Freedom is environment, they require four times as much and consisted of 11,000 personnel and 34 never more than one generation away from energy to produce and generate 70 percent aviation units. The Brigade was based at Long extinction. We didn’t pass it to our children in more air pollution and 50 times more water Binh in the III Military Region in Vietnam and the bloodstream. It must be fought for, pro- pollution than plastic bags. And while recycling was the largest unit of its type to serve in tected, and handed on for them to do the efforts should be applauded, recycling rates combat. same, or one day we will spend our sunset are dismally low. Between one and three per- Mr. Lasiter spent 12 months in Vietnam. years telling our children and our children’s cent of all plastic bags are recycled and be- During that time he flew combat missions as children what it was once like in the United tween ten and 15 percent of all paper bags a door gunner on HU–1B and UH–1D ‘‘Huey’’ States where men were free.’’ are recycled. Helicopters. He was promoted to crew chief To ensure that the blessing of freedom is The resolution encourages states to estab- and was later selected to act as crew chief for passed from one generation to the next, the lish targets for businesses to reduce distribu- the group commander. During this time there members of the CYAC spent time interviewing tion of plastic and paper bag use by 40 per- was increased hostility as regular North Viet- a veteran and documenting the experience for cent over the next five years; educate the pub- namese forces made their way down the Ho the ‘‘Preserving History Project.’’ Today I’m lic about using reusable bags through public- Chi Minh Trail through.Laos and Cambodia proud to submit the brief summaries provided private initiatives, public awareness cam- into South Vietnam. Mr. Lasiter’s units flew asso the patriotic service of our dedicated vet- paigns, and other methods whenever possible; sault, medical and supply missions to fire erans and the thoughtful work of the CYAC and facilitate the dissemination of best prac- bases and in support of ground forces. Mr. may be preserved for antiquity in the CON- tices among businesses for reducing single- Lasiter was part of the cadre that assisted the GRESSIONAL RECORD. A copy of each sub- use retail bag consumption. It would also en- 1st Air Cavalry when it deployed from the mitted student summary follows. courage businesses to adopt consumer credit states to Bien Hoa, Vietnam. To each member of the Congressional programs to promote reusable bag use. Upon completing his 12-month tour in Viet- Youth Advisory Council, thank you for making One need look no further than the District of nam, Mr. Lasiter returned to the United States. this year and this group a success. It is not a Columbia to measure success. Late last year While on leave he married Carolyn. The new- coincidence that this congressional tribute the District imposed a 5 cent tax on plastic lyweds flew to Germany, where Mr. Lasiter as- celebrates two generations of service. Each of bags which led to a dramatic impact on bag sumed duties at the Wirtheim Army Airfield you is trusted with the precious gift of free- use. The number of plastic bags used by su- and was the acting crew chief with CH–23 dom. permarkets and other establishments dropped units. You are the voices of the future and I salute from the 2009 monthly average of 22.5 million Specialist 5 Lasiter was released from ac- you. God bless you and God bless America. to just 3 million in January 2010. tive duty in September 1969. For his service, The summary follows: I could conclude here, but that would be Mr. Lasiter was awarded the Army Com- I, Kathryn Boswell interviewed Reba Leon- only half the story. This resolution was brought mendation Medal, the Air Medal with seven ard, SSG of the United States Army. She was to my attention by two enterprising George- oak leaf clusters, the National Defense Serv- part of the technology branch and was sta- town University students, Mariel Reed and ice Medal, the Vietnam Service Medal, the tioned in San Antonio, Germany, and Pensa- Brian Lin. Together with their fellow class- cola. From this experience, I have learned Vietnam Campaign Medal with device, the Air- about sacrifice for your country, camara- mates they drafted the resolution in response craft Crewman Badge and Expert Rifle and derie with fellow soldiers, and the effect to a bill I introduced last year to tax plastic Sharpshooter Badges. serving in the military has on a life. Reba is and paper bag use. They used my bill as a Upon returning to civilian life, Mr. and Mrs. a strong woman and has learned from her ex- case study on environmental legislation. Both Lasiter made their home in Chowchilla, Cali- periences in the army to live life to the full- students are very bright and realized that fornia. Mr. Lasiter attended Merced College. est and ‘‘keep a bigger perspective on life.’’ there is little prospect my bag tax bill would be He then started a lifelong career in farming. It’s not just about me, it’s about the enacted. My bill does point toward a worth- Mr. Lasiter is a Life Member of Chowchilla wellbeing of the people around me. She while objective, and it builds on the actions of worked on the first computers, and was able Veterans of Foreign Wars Post 9896 and is a to communicate live time from Germany to several local and foreign initiatives that have member of the Cornerstone Community Maryland in the 1980s. She also worked off met with success. But, there is no group or or- Church. Mr. and Mrs. Lasiter continue to live the first portable hard-drive. She is a com- ganization that has backed it and few Mem- in Chowchilla. They have two children and puter specialist at McAfee and has raised bers today prefer to be on record supporting three grandchildren. two boys in Plano, Texas.—Kathryn Boswell a tax increase.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.024 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E628 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 And here is the second lesson these What prompted the prop swap? the president recognized his chief science ad- Georgetown students came to realize and The reasons behind the abrupt scene viser, John Holdren. This is the same man what remains a valuable lesson that the envi- change—and Obama’s positive words about who just told students the United States Orion in his address—reflect the sudden couldn’t be No. 1 in science forever. ronmental community needs to appreciate as shifts and last-minute policy decisions that When the nation and the program most a movement. The public and many elected of- continue to buffet the National Aeronautics needed honesty, true direction and an un- ficials are not always in sync with what we and Space Administration. For more on that, wavering belief in the promise of space, the need to do to restore the environment and read this WSJ article.) president chose to add insult to the injury preserve it for future generations. Progress on In February, the White House shocked that is the dismantling of our human the environmental front has never been a many in industry and Congress by seeking to spaceflight program. To quote Neil Arm- clear and straight line but erratic path with kill NASA’s Constellation manned explo- strong, James Lovell and Eugene Cernan, the peaks and troughs. But, if we look back over ration program, designed to replace the re- president’s decision to ‘‘. . . cancel the Con- the past 40 years, we have seen considerable tiring space shuttle fleet and eventually stellation program, its Ares 1 and Ares V take astronauts back to the moon and on to rockets, and the Orion spacecraft, is dev- progress. If you were to average out all the Mars. The multi-billion dollar Orion capsule, astating.’’ peaks and troughs, an upward progress would reminiscent of the Apollo era, is part of that Three heroic and history-making astro- begin to appear. We can be proud of our program. nauts take the unusual step of writing an achievements and the fact that such landmark In the following months, the Obama ad- open letter to warn of this ‘‘devastating’’ ac- laws like the Clean Water Act and Clean Air ministration resisted entreaties by Lockheed tion, and the president responds with a pe- Act, and many others that we have passed Martin, the capsule contractor, and its destrian speech that makes a mockery of a since the 1970s, have gone a long way toward champions on Capitol Hill to save Orion. The dire situation. Worse, for purely political restoring the environment. Our land, air and company repeatedly tried but failed to inter- reasons, he decided to pit the Apollo 11 est NASA and the White House in pursuing a moonwalkers against each other. water are cleaner than they were on the first less-expensive, stripped-down version of the To try and blunt the criticism of him by Earth Day. capsule, ‘‘Orion light.’’ For the White House, the first man to step on the surface of the While the science of today has led us to a all of Constellation was too expensive and moon, Obama not only flew Buzz Aldrin with better understanding of our relationship with would take too long to complete. him on Air Force One for the event at Ken- nature, we must also appreciate that a democ- On Mondays as the space center was pre- nedy Space Center, but led his remarks by racy requires time for the public to accept and paring for the high-profile presidential pol- referring to Aldrin as a legend. Aldrin may support the necessary changes. icy speech, Lockheed had forklifts and other be the only one not aware of his role as a Just as the time may not be ripe to ban the equipment hurriedly removing everything prop of the White House political operation. related to Orion from the building where It’s not a stretch to imagine Chief of Staff use of plastic bags, we can encourage broad- Obama would speak, according to people fa- Rahm Emanuel turning to David Axelrod er public participation in recycling and pro- miliar with the details. Administration offi- and saying, ‘‘If the first man on the moon is moting alternatives that over time will achieve cials bluntly told company executives that going to strongly and publicly criticize us, the same goal. There are a number of proven the president didn’t want to be associated then let’s use the second man to walk on the approaches that work to reduce plastic and with Orion. moon as validation for our ‘promise them paper bag use. All have merit and the states That quickly changed. On Tuesday after- anything but deliver nothing’ new vision.’’ are the appropriate forum through which these noon, chief White House science adviser John In a speech void of detail, the president approaches can be developed and imple- Holdren called Joanne Maguire, head of said, ‘‘By the mid–2030s, I believe we can Lockheed Martin’s space programs, to in- send humans to orbit Mars and return them mented. form her that a revised version of the Orion safely to Earth.’’ Where have I heard some- Again I applaud the efforts of the two capsule would be reinstated in the presi- thing like that before? That would be Presi- Georgetown students and their class for pro- dent’s plans. Now, NASA wants to use the dent George H. W. Bush in July 1989 when he viding us a valuable political lesson on this capsule, at the very least, as an emergency spoke of landing Americans on Mars. Twen- 40th anniversary of the first Earth Day. escape system for U.S. astronauts when they ty-one years later, Obama gives us a wa- are on the international space station. tered-down version of that speech. f That still left NASA, however, with the di- In 1989, much of the media rightfully took THE OBAMA ADMINISTRATION’S lemma of what to do about the mockup. Be- President Bush to task for an open-ended QUESTIONABLE NASA PLAN tween Tuesday night and Thursday morning, goal that lacked specifics and would have the White House, NASA managers and local carried a price tag in the hundreds of billions center officials managed to restore the Orion of dollars. Say what you will about Bush’s HON. FRANK R. WOLF mockup to its earlier prominence in the half-hearted effort, at least his astronauts OF VIRGINIA building. ‘‘Things were really changing pret- would have landed on the Red Planet. Under ty quickly there, at the end,’’ said one ad- Obama’s fictional plan, for our investment of IN THE HOUSE OF REPRESENTATIVES ministration official. more than $100 billion, our astronauts would Thursday, April 22, 2010 As photographers and reporters swarmed only get to wave at Mars as they zipped around Obama, pictures of the capsule were around it, with a landing saved for a future Mr. WOLF. Madam Speaker, I rise in strong beamed around the world. mission. Can’t we just wave at it for free opposition to the FY2011 budget proposed by Lockheed didn’t have any comment. The from here on Earth? President Obama for the National Aeronautics White House had no immediate comment. The president betrayed both his lack of in- and Space Administration, NASA. I believe the During his speech, Obama had only nice terest in human spaceflight as well as his ig- administration plan would abdicate U.S. lead- things to say about the Lockheed Martin norance of the subject when he said, ‘‘Now, I ership in space. Nearly every astronaut, in- program, though he initially mispronounced understand that some believe that we should cluding Neil Armstrong, the first man to walk its name. NASA, he said, ‘‘will build on the attempt a return to the surface of the moon good work already done’’ on the Orion crew first, as previously planned. But I just have on the moon, has spoken out against this mis- capsule, and it will become ‘‘part of the tech- to say pretty bluntly here. We’ve been there guided budget proposal. nological foundation for advanced spacecraft before. Buzz has been there . . .’’ I submit articles from The Wall Street Jour- to be used in future deep-space missions.’’ By that thinking, European explorers nal and the Orlando Sentinel which further call [From OrlandoSentinel.com, Apr. 18, 2010] should have abandoned the New World and into question the administration’s judgment President Jefferson should have ignored the OBAMA’S SPACE PLAN ADDS INSULT TO INJURY with regard to NASA. explorations and discoveries of great natural (By Douglas MacKinnon) wealth made by Lewis and Clark. [From the Wall Street Journal, Apr. 17, 2010] With all due respect to President Obama, For reasons of cost, commercial enterprise, NASA WHIPSAW: PROP RE-DO FOR OBAMA’S regarding his speech in Florida on ‘‘Space science and national security, it makes sense SPEECH Exploration in the 21st Century,’’ I simply for us to establish bases, observatories, When President Barack Obama gave his have to ask, ‘‘Are you kidding me?’’ mines and potentially even military oper- long-awaited speech Thursday laying out a As one who has consulted on and written ations on the moon. If we don’t, others—par- vision for NASA, the backdrop featured an extensively about our space program, worked ticularly the People’s Republic of China with immaculate mockup of the Orion space cap- in the White House and drafted a speech or its military-controlled space program—most sule. two, I know shameless pandering filler when assuredly will. But only a few days before, workers at the I read it. President Obama has played the space Kennedy Space Center in Florida had fran- The president’s speech had more useless community for fools, and he’s hoping he will tically removed all vestiges of the Orion pro- and suspect filler than a New York City get away with it. Unfortunately for us all, gram from the same building. street hot dog—part of that filler being when China, Russia and others share his hope.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.026 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E629 TRIBUTE TO JUDY HELLMAN know that I look forward to continuing to work pivotal time in my grandfather’s life and I with Judy, soon as a retired and devoted com- hope my essay helps to somehow preserve munity member, as she continues to work to some of his unique experiences so that they HON. DENNIS MOORE can last throughout generations of Ameri- OF KANSAS make the greater Kansas City area a more cans. The conservation of the stories of our IN THE HOUSE OF REPRESENTATIVES just community. many veterans is very crucial and should be Thursday, April 22, 2010 f a goal of every American that has been kept alive by these honorable, selfless men and Mr. MOORE of Kansas. Madam Speaker, I THE CONGRESSIONAL YOUTH AD- women.—Rebecca James rise today to honor Judy Hellman, who is retir- VISORY COUNCIL: A LEGACY OF ing this spring from the Jewish Community SERVICE f Relations Bureau/American Jewish Committee HONORING GEORGE GALLUP, JR. of the greater Kansas City area. Judy and this HON. SAM JOHNSON ON HIS 80TH BIRTHDAY agency have been most helpful to me during OF TEXAS my time in Congress and were responsible for IN THE HOUSE OF REPRESENTATIVES sponsoring my visit to Israel in 1999 during my HON. STEVEN R. ROTHMAN Thursday, April 22, 2010 first year in office. My remarks borrow very OF NEW JERSEY freely from a letter sent by JCRB/AJC Board Mr. SAM JOHNSON of Texas. Madam IN THE HOUSE OF REPRESENTATIVES Chair Michael Abrams in January 2010 when Speaker, I ask my fellow colleagues to join me Thursday, April 22, 2010 Judy made her plans public. in congratulating the 2009–2010 Congres- Mr. ROTHMAN of New Jersey. Madam JCRB/AJC Associate Director Judy Hellman sional Youth Advisory Council. This year 45 Speaker, I rise today in recognition of the 80th has devoted her professional career and her students from public, private, and home birthday of George Gallup, Jr., the accom- personal life to the work of justice and com- schools in grades 9 through 12 made their plished son of Dr. George Gallup, Sr., the munity relations, and to the Jewish Community voices heard and made a difference in their founder of the renowned Gallup Poll. Relations Bureau/American Jewish Com- communities, their country and their Congress. George Jr. has followed in his father’s foot- mittee, first as a volunteer, then as a member These students volunteered their time, effort, steps; a close friend described George as a of the Board of Directors, and then as staff for and talent to inform me about the important ‘‘political junkie,’’ a characteristic that clearly decades before her ‘‘first’’ retirement over a issues facing their generation. As young lead- runs in the family. It comes as no surprise that decade ago. Shortly after that ‘‘retirement’’ she ers within their communities and their schools, George has become so involved and intrigued started helping in the office on one project, these students boldly represent the promise by the political process, since he has either then another, then a couple days a week, and and the hope we all have for their very bright observed or participated in polling for his en- was soon once again an everyday devoted future. tire life. His father pioneered the random sam- and passionate professional who doesn’t stop President Ronald Reagan said, ‘‘Freedom is pling technique, which has been used for dec- accepting responsibilities and challenges. never more than one generation away from Judy’s contributions to the community are extinction. We didn’t pass it to our children in ades to gauge public opinion on everything significant, and too numerous to mention. Her the bloodstream. It must be fought for, pro- from presidential approval to the economy. He work to advocate that each person does not tected, and handed on for them to do the also founded the George H. Gallup Inter- have to face injustice has touched countless same, or one day we will spend our sunset national Institute, of which George Jr. is the lives and families. Decades ago she worked years telling our children and our children’s current Chairman. In this role, George Jr. for fair housing in Kansas City, and was a children what it was once like in the United oversees preeminent economists, psycholo- leader in the movement to free Soviet Jews States where men were free.’’ gists, and sociologists all over the world in from religious persecution. Before the founding To ensure that the blessing of freedom is their efforts to investigate what people think of the Midwest Center for Holocaust Edu- passed from one generation to the next, the about the most pressing issues of the day. cation, Holocaust education was a mission of members of the CYAC spent time interviewing George is from Princeton, New Jersey and JCRB, for which Judy did extraordinary work. a veteran and documenting the experience for has been a lifelong advocate for children’s Judy continues to be admired for her exem- the ‘‘Preserving History Project.’’ Today I’m rights locally and nationally. He has made the plary and prolific work in interfaith relations, proud to submit the brief summaries provided world a safer place for kids through working her dedicated relationship work with edu- so the patriotic service of our dedicated vet- closely with Child Lures Prevention, an organi- cators, law enforcement, government and erans and the thoughtful work of the CYAC zation which helps protect children from vio- elected officials, and her work vigilantly com- may be preserved for antiquity in the CON- lence, drugs, and sexual abuse. He also wrote bating hate groups. Judy has listened to, and GRESSIONAL RECORD. A copy of each sub- a passionate letter to President Obama in sup- discussed and worked with, hundreds of indi- mitted student summary follows. port of the organization and the admirable viduals and families regarding their issues, al- To each member of the Congressional cause for which it fights. ways with great compassion and empathy. Youth Advisory Council, thank you for making George would agree that the influence of Many have seen her on JCRB Agency videos this year and this group a success. It is not a the Gallup Poll over the past 75 years has poignantly talking about why she has worked coincidence that this congressional tribute been much more than symbolic—the organiza- for justice in the public square for the people celebrates two generations of service. Each of tion has provided our political leaders and law- of Israel, and in recent years been a role you is trusted with the precious gift of free- makers with objective, unbiased information model in the community advocating on behalf dom. about the ever-shifting values and expecta- of those suffering injustice in Africa. You are the voices of the future and I salute tions of the American people. In short, polling For several decades, Judy and Rev. Dr. you. God bless you and God bless America. makes the government more responsive and Robert Lee Hill have co-chaired the Martin Lu- The summary follows: accountable to the electorate. ther King, Jr. Community Interfaith Service Robert James is a veteran of World War II. Madam Speaker, I know that my colleagues every January. Judy has been a longtime offi- He entered the war in the Medical Corps and will join me in honoring a man who has been cer of the Southern Christian Leadership Con- returned from war as a private first class in instrumental in keeping our leaders honest ference, working with the Rev. Dr. Nelson the Air Force. After graduating from U.T., and the American public informed. Mr. James stayed in the Air Force Reserve ‘‘Fuzzy’’ Thompson. Judy has been recog- for 30 years and retired as a Major. He still f nized with many awards, and has asked that regularly visits a nearby base in Colorado, ‘‘this’’ retirement come with little fanfare. In where he buys his groceries, works out, and RAISING AWARENESS AND SUP- Judy Hellman’s case, her achievements are a shops for other needs. Robert James received PORTING AN END TO VIOLENCE monument to her work. Judy’s life has been multiple awards after returning home, in- AGAINST WOMEN dedicated to working for justice. Judy would cluding an Air Medal and a Distinguished have devoted her time to working on these Flying Cross. Mr. James’ story should be HON. RUSS CARNAHAN issues even if she had not been a staff mem- preserved throughout history in addition to the thousands of other veterans that risked OF MISSOURI ber of a justice organization. their lives for the safety of the United IN THE HOUSE OF REPRESENTATIVES With a milestone birthday approaching, Judy States. This interview with my grandfather Thursday, April 22, 2010 has decided to give retirement yet another at- was very moving and I gained a lot more in- tempt. All who know Judy feel great admira- sight and detail than I ever had before. I am Mr. CARNAHAN. Madam Speaker, I rise in tion, gratitude, love, and respect for her. I happy to have been able to discuss such a solidarity with my colleagues who, this week,

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.029 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E630 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 have come forth under the leadership of Rep- We in Congress, along with our international IN RECOGNITION OF MS. DIANNE resentative TED POE, founding co-chair of the partners, must stand up now to take bold ac- ADDINGTON’S DECADES OF Victims’ Rights Caucus, to speak out against tion on ensuring that women and girls are no SERVICE TO OUR COMMUNITY AS violence perpetrated against women. Violence longer targets of brutal violence; violence that PRESIDENT AND CEO OF against women is one of the most pervasive destroys families and communities, and has GENISYS CREDIT UNION forms of violence throughout the world today, lasting detrimental effects on productivity, affecting an estimated one billion women and health, and many other areas of women’s HON. GARY C. PETERS girls. It is a reprehensible violation of funda- daily lives. OF MICHIGAN mental human rights and a crime against hu- IN THE HOUSE OF REPRESENTATIVES manity. Furthermore, we must work tirelessly to give Thursday, April 22, 2010 According to the United Nations, approxi- women a voice to impact the issues that affect mately 1 out of every 3 women in the world them and be agents of change in their soci- Mr. PETERS. Madam Speaker, I rise today has been beaten, coerced into sex, or other- eties. When women thrive, families, commu- to recognize Dianne Addington, president and wise abused in her lifetime. The World Health nities, societies and economies thrive. When CEO of Genisys Credit Union, on her retire- Organization reports that in some countries, women and girls are victimized, families, comment from Genisys. As a Member of Congress up to 70 percent of women report having been munities, societies and economies suffer and it is both my privilege and honor to recognize victims of domestic violence at some stage in are profoundly weakened, and the cycle of vi- Ms. Addington for her many years of service their lives. olence is perpetuated. Violence against and her contributions which have enriched and Violence against women has come to be women and girls is an assault against us all strengthened our community. systematically used as a tool of war in some and we must end it now. Ms. Addington brings a lifetime of experi- regions, where women are publicly raped, ence to her current position at Genisys Credit beaten and murdered. In Rwanda, up to half f Union; a career which began almost 40 years a million women were reportedly raped during ago as a part-time teller at T&C Federal Credit the 1994 genocide. In Bosnia-Herzegovina, IN RECOGNITION OF RETIRED SAN Union. Through Ms. Addington’s ingenuity and nearly 60,000 women were raped in a cam- MATEO POLICE DEPARTMENT hard work she eventually rose to the position paign of ethnic cleansing during the war. CAPTAIN KEVIN RAFFAELLI of president and CEO of T&C Federal Credit Women have become ‘‘prey,’’ according to Union, one of the parent companies of the New York Times, in Guinea, and in the Genisys, which she has held for the last 21 Democratic Republic of Congo it is reportedly HON. JACKIE SPEIER years. During her tenure at Genisys, Ms. more dangerous to be a woman than a sol- Addington has been awarded numerous acco- dier. OF CALIFORNIA lades for her commitment to the community in- Shocking stories such as these provide only IN THE HOUSE OF REPRESENTATIVES cluding awards from the Sojourner Founda- a snapshot of the complete scope of this de- tion, the Clinton Valley Council of the Boy plorable problem and are exemplary, sadly, of Thursday, April 22, 2010 Scouts of America, and the Pontiac Chamber the experiences of vast communities of of Commerce. In recognition of her many con- women and girls every day. Ms. SPEIER. Madam Speaker, I rise to tributions, the Michigan Credit League, MCUL, It is critical that we in Congress, along with honor Kevin Raffaelli, who retired as a Captain awarded her the Distinguished Service Award other governments, multilateral organizations with the San Mateo Police Department in De- in 2006, for which she was inducted into the and nongovernmental organizations through- cember of 2008 after 30 years of dedicated Michigan Credit Union Hall of Fame. out the world, take a strong stand against and loyal service. Under Ms. Addington’s leadership Genisys these crimes. We must not allow violence I must note that last year Kevin continued Credit Union has grown into a thriving local in- against women to become a socialized norm. his law enforcement service on an on-call stitution, which is deeply involved in strength- In 1994 the Violence Against Women Act basis and on August 24, 2009 was credited ening the communities it serves. Genisys is a was sign into law by President Bill Clinton, in with preventing a pipe bomb suspect from car- strong philanthropic partner to Southeast an effort to comprehensively acknowledge and rying out a potentially catastrophic event at Michigan, having received numerous awards address the severity and importance of this in- Hillsdale High School. For this heroic action and recognitions from the community for the sidious problem within the United States. This he was awarded the prestigious Medal of programs it has sponsored. In keeping with landmark Act enhanced judicial and law en- their mission to provide excellent customer Valor, proving again, that some of us get bet- forcement tools to combat violence in all service and to support its community, Genisys ter with age. forms, improved existing services and pro- continues to create programs which highlight vided for additional services, economic secu- The list of commendations for Kevin is long the importance of financial literacy to its more rity, and protection for victims. and meritorious and many involve the appre- than 117,000 members and to the commu- This legislation has since served as an ex- hension of burglary subjects during the com- nities it serves. Moreover, through its strong ample globally on how issues affecting women mission of a crime. He is well known through- commitment to quality customer service can be successfully incorporated into public out San Mateo County for his expertise in tac- Genisys Credit Union was recognized by the law and social consciousness. Freedom from tical deployment and special operations at readership of Corp! Magazine as a ‘‘Best of violence, abuse and intimidation is a basic events. He was, for example, commander of Michigan Business’’ in 2009. building block of empowering women. And, the Countywide Tactical Chemical Assault Madam Speaker, I ask my colleagues to join when women have a voice, communities and Team, a model operation replicated by other me today to honor Ms. Dianne Addington for countries are made stronger, more economi- municipalities after 9/11. her many contributions to our community and cally prosperous, and more stable. her leadership at Genisys Credit Union. I wish In 2009, the International Violence Against He played key roles in coordinating security her many more years of health, happiness, Women Act was reintroduced, to extend the for numerous dignitaries visiting the San Fran- and productive service. provisions of VAWA to tackle violence world- cisco Bay Area, including President Bill Clin- f wide. This bill would ensure that all women ton, President George W. Bush, President are protected under the same policies and ap- Jimmy Carter as well as Israeli Prime Minister CONGRATULATING ANGEL RAY proach now codified for women and girls in Ariel Sharon and British Prime Minister Mar- GUERRERO the U.S. garet Thatcher. IVAWA seeks a comprehensive international Kevin grew up in the city of South San HON. GREGORIO KILILI CAMACHO strategy to reduce and prevent violence Francisco where his brother, Mark, served as SABLAN against women and girls. This includes assist- the chief of police, so Kevin’s thirst for public OF NORTHERN MARIANA ISLANDS ance to reduce international violence, en- safety runs deep in his family. IN THE HOUSE OF REPRESENTATIVES hanced U.S. accountability and training of foreign military, police and judicial officials on Madam Speaker, Kevin Raffaelli has served Thursday, April 22, 2010 preventing and responding to violence, and his fellow citizens to the utmost of his ability Mr. SABLAN. Madam Speaker, Angel Ray addressing violence in humanitarian relief, and he has saved lives in the process. I com- Tudela Guerrero is a teenager in the Northern peacekeeping, conflict and post-conflict oper- mend him and wish that he and his wife, Eliz- Mariana Islands, who, despite facing extraor- ations. abeth, enjoy this well-earned retirement. dinary health problems in his own life, found

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.032 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E631 ways to improve the lives of other young peo- Bethune led to Dr. Height’s involvement with omy, and put America on the path to energy ple. the National Council of Negro Women independence. At age 12 Angel Ray was diagnosed with a (NCNW), an organization she would come to Corporate interests have spent millions es- malignant brain tumor. He spent a year and a lead as president for four decades. Dr. Height pousing mistruths and presenting a false half in a Hawaii hospital battling cancer. was a tremendous mediator and minister dur- choice to the American people—the idea that But Angel Ray did not let his disease control ing times of great civil rights strife, such as efforts to preserve our planet and ensure our his life. Instead, he used his experience to after the 1935 riots in Harlem and then again own survival will destroy the American econ- empower himself to help others. in 1963, at the request of Dr. Martin Luther omy. However, this Congress has exposed During his long hospital stay, Angel Ray King, Jr., she traveled to Birmingham, Ala- these claims for what they really are—lies. found that time passed more comfortably be- bama, after a bomb killed four African Amer- The 111th Congress has proven that we can cause of a playroom in the pediatric ward. It ican girls in a church. indeed strengthen the American economy and was filled with games and toys, computers Called the queen of the civil rights move- ensure that all Americans can breathe cleaner and a TV well stocked with DVDs, all of which ment, Dr. Height was often the only woman at air and drink cleaner water, and I am honored helped take the young patients’ minds away key moments in civil rights history and we are and proud to have been a part of such a his- from their illness and from the reality of being indebted to her for keeping women’s rights toric effort. in the hospital. In the playroom, Angel Ray and equality in the fore. During her tenure with told a reporter from the Saipan Tribune, kids NCNW, Dr. Height instituted programs to es- f ‘‘don’t feel like they’re sick. They feel like tablish dialogue between interracial groups of they’re at home.’’ women, to expand business ownership by RECOGNIZING THE LIFE AND But Angel Ray knew—from personal experi- women, to celebrate women’s history at the WORK OF COUNTY COMMIS- ence—that kids back home at the Common- Bethune Museum and Archives, and to mon- SIONER MINNIE SHIRLEY wealth Health Center in the Northern Marianas itor human rights around the world. WIGGINS had no playroom. Though the average stay is In addition to her efforts to overcome racial only two-and-a-half days, some patients are prejudices and for full voting rights of all, she there for six weeks or more. And they have no also fought for school desegregation, for ac- HON. G.K. BUTTERFIELD toys or books, no refuge from the psycho- cess to decent housing, and for better employ- OF NORTH CAROLINA logical toll of being sick. ment opportunities. It seems only fitting that So Angel Ray partnered with Hawaii state we honor the legacy of Dr. Height on Equal IN THE HOUSE OF REPRESENTATIVES representative Glenn Wakai and with Reach Pay Day, a day each April intended to bring Thursday, April 22, 2010 Out Pacific, a non-profit organization that awareness to the inequalities that still exist in takes surplus medical and educational sup- our society. Dr. Height was at the White Mr. BUTTERFIELD. Madam Speaker, I rise plies from Hawaii to the Pacific islands, includ- House ceremony when President Kennedy to recognize the life and work of County Com- ing the Marianas, Guam, Palau, the Marshall signed the Equal Pay Act and was there again missioner Minnie Shirley Wiggins who died on Islands, Chuuk, Yap, Kosrae, Pohnpei and the when President Clinton marked the 35th anni- Sunday, April 18, 2010 after a short illness. Philippines. Together, they organized dona- versary of the legislation. Commissioner Wiggins was a well-respected tions of toys and books to create a playroom Dr. Height was apt to tell her colleagues at elected official and community leader in at the Commonwealth Health Center. The NCNW to continue their efforts to address Perquimans County, North Carolina. Shriner’s Hospital in Honolulu was being ren- issues of social concern. In gratitude for ev- Born on February 6, 1933 to the late Mary ovated and needed to clear out toys in its pe- erything she has done, we are inspired to con- and Hardy Wiggins, Sr., Commissioner diatric area. Moanalua High School gave hun- tinue with her life’s dedication to expand civil Wiggins was a graduate of Perquimans Coun- dreds of books. The U.S. Bankruptcy Court rights and equality for all. ty Training School and St. Agnes School of donated shelving. And Matson Navigation of- f Nursing in Raleigh, North Carolina. fered to ship the 20-foot container stuffed with 50 boxes of books, 19 bookshelves, and 60 COMMEMORATING 40TH Commissioner Wiggins served our Nation bags of toys from Hawaii to the Northern Mar- ANNIVERSARY OF EARTH DAY with honor as a United States Navy Nurse iana Islands. Corps Captain, serving aboard the USS Sanc- SPEECH OF Madam Speaker, Angel Ray Guerrero is an tuary during the Vietnam War. She was a inspiration to us all: an individual who took the HON. STEVE COHEN proud member of the American Legion, Vet- erans of Foreign Wars and Vietnam Veterans adversity in his own life and turned it into a OF TENNESSEE of America. benefit for others. IN THE HOUSE OF REPRESENTATIVES During her more than 20 years as a f Wednesday, April 21, 2010 Perquimans County Commissioner, she pro- CELEBRATING THE LIFE OF DR. Mr. COHEN. Madam Speaker, under the vided a passionate and tireless voice for the DOROTHY IRENE HEIGHT leadership of Speaker PELOSI, the 111th Con- youths and senior citizens of the Albemarle gress has passed some of the most extensive Region. She worked as a volunteer with ele- SPEECH OF and ambitious environmental legislation this mentary school children and devoted signifi- HON. CAROLYN B. MALONEY country has seen since the 1970s. So it brings cant time to the Meals on Wheels program. OF NEW YORK me great pleasure to be here in the House of She earned recognition for her devotion to IN THE HOUSE OF REPRESENTATIVES Representatives to celebrate the 40th anniver- public service, including North Carolina’s high- sary of Earth Day. est honor—the Order of the Long Leaf Pine. Wednesday, April 21, 2010 Such legislation includes the Recovery Act, Commissioner Wiggins had a great passion Mrs. MALONEY. Madam Speaker, today we which I was proud to support and has made for her church, Melton Grove Missionary Bap- mourn the loss of Dr. Dorothy Height, a true historic job-creating investments in a clean en- tist Church of Winfall, North Carolina, where American hero, who worked tirelessly through- ergy future that will provide hundreds of thou- she was a devoted member for many years. out her 98 years to make the world better as sands of jobs. The House also passed clean a leader, activist, and counselor in the civil energy jobs legislation that enhances the She is survived by brothers, Percy A. rights and women’s rights movements. In American manufacturing base and will make Wiggins Sr. and Horace Wiggins; brother/son 2004, I was privileged to support legislation the U.S. a world leader in new energy tech- Hardy Wiggins Jr.; daughter/niece C. Loretta that honored Dr. Height with the Congres- nologies. Buggs; and a host of nieces, nephews, adopt- sional Gold Medal, the highest award Con- Additionally, I recently introduced the 10 Mil- ed sons and daughters, godchildren and ex- gress can bestow. Dr. Height led a remarkable lion Solar Roofs and 10 Million Gallons of tended family. life and made a significant difference in the Solar Water Heating Act, which will provide Madam Speaker, I ask that my colleagues lives of so many others. valuable cash rebates for the creation of 10 rise to recognize the life and work of Commis- After earning degrees at New York Univer- million small power plants located on the roofs sioner Minnie Shirley Wiggins and her out- sity, Dr. Height joined the staff of the Harlem of American homes and businesses through- standing public service to the community. I YMCA. There she met human rights activists out the country. This legislation will also create also ask that we pass along our best wishes First Lady Eleanor Roosevelt and educator an estimated 1.35 million direct and indirect and prayers to her family, friends and loved Mary McLeod Bethune. Her encounter with Dr. jobs, lower energy costs, strengthen the econ- ones during this time of bereavement.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.035 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E632 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 CRAIG MORGAN RETIRES AFTER 25 CONGRATULATING REVEREND and they were married on December 17, YEARS AS THE DISTRICT MAN- DANIEL P. COUGHLIN ON 10TH 1943. The couple had five children and spent AGER FOR THE SCHUYKILL CON- YEAR OF SERVICE AS HOUSE nearly 50 years as a resident of Westbury, SERVATION DISTRICT CHAPLAIN Long Island. Madam Speaker, it is with great admiration, SPEECH OF pride and respect that I acknowledge the ac- HON. TIM HOLDEN HON. BETTY McCOLLUM complishments of Lieutenant Colonel Spann Watson and thank him and his family for a life- OF MINNESOTA OF PENNSYLVANIA time of civil service to our country. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Wednesday, April 21, 2010 Thursday, April 22, 2010 TRIBUTE TO MYRTLE E. Ms. MCCOLLUM. Mr. Speaker, I rise today THATCHER Mr. HOLDEN. Madam Speaker, I rise today in support of H. Res. 1216, a resolution congratulating Reverend Daniel P. Coughlin on to recognize Craig Morgan, a constituent from his 10th year of service as Chaplain of the HON. DENNIS MOORE OF KANSAS my district, who is retiring as District Manager House of Representatives. IN THE HOUSE OF REPRESENTATIVES of the Schuylkill Conservation District after Reverend Coughlin was sworn in as the twenty-five years of service. Craig has always fifty-ninth Chaplain of the House of Represent- Thursday, April 22, 2010 had an interest in the outdoors. As a boy, he atives on March 23, 2000—the first person of Mr. MOORE of Kansas. Madam Speaker, I enjoyed fishing, hunting, and helping on his Roman Catholic faith to hold the office. In his rise today to pay tribute to a distinguished cit- grandfather’s farm. After graduating with a decade of service, he has opened House pro- izen of Kansas City, Kansas, who celebrates bachelor’s degree in environmental resource ceedings with prayer, provided pastoral coun- her 100th birthday today. management from Penn State University in seling and arranged memorial services for the Myrtle E. Green Thatcher was born in Kan- 1977, Craig began his career with the Schuyl- House and its staff. sas City, Kansas, on April 22, 1910, to Embridge and Eliza Green. She is a lifelong kill Conservation District. Over the years I have come to know Rev- erend Coughlin and value his service to the resident of Kansas City, where she graduated The Schuylkill Conservation District was House of Representatives. This resolution is a from Northeast Junior High School and Sum- formed in 1955 with an emphasis on soil con- fitting honor, and I urge my colleagues to join ner High School. She was married for over 50 servation. Since becoming District Manager, me in congratulating Reverend Coughlin for years to Nathan W. Thatcher, Jr., the third son Craig has expanded the conservation district’s his decade of faithful service. of Mr. and Mrs. Nathan W. Thatcher, Sr., who role to erosion and sediment control, water- f was general manager of Thatcher Funeral Home, which is the oldest black family-owned shed protection, environmental education, HONORING THE LIFE OF LIEUTEN- farmland preservation, and farm conservation funeral home in the State of Kansas. The ANT COLONEL SPANN WATSON business began operation in April 1912, at planning. 1520 North 5th Street, founded by Mr. and One of the Schuylkill Conservation District’s HON. CAROLYN McCARTHY Mrs. Nathan W. Thatcher, Sr. accomplishments under Craig’s leadership is OF NEW YORK In 1979, Mr. and Mrs. Nathan Thatcher, Jr., the farmland preservation and erosion and IN THE HOUSE OF REPRESENTATIVES affectionately known as Myrtle and ‘‘Snooks’’, remodeled the building. In the following year, sediment control efforts around the Little Thursday, April 22, 2010 Swatara Creek, ultimately preserving the Nathan died, leaving the family business in the Mrs. MCCARTHY of New York. Madam down-stream Sweet Arrow Lake. capable hands of their only child, Quintelle Speaker, I rise today to recognize the life and Thatcher Davis, who guided the business until Acid mine drainage has traumatically im- achievements of Spann Watson, one of the finally succumbing after a hard fought battle pacted and sometimes destroyed the eco- original Tuskegee Airmen, a retired U.S. Air with cancer in 2007. systems of streams in part of my district. Force pilot and an advocate for civil rights. Mr. Myrtle E. Thatcher has been active in the Under Craig’s direction, the Schuylkill Con- Watson, who helped break the color barrier in business for over 50 years. A licensed funeral servation District has partnered with the the military years ago, passed away at the director, she’s been a member of the Missouri- Schuylkill Headwaters Association, and other age of 93 years old. Kansas Funeral Directors Association, the Na- Mr. Watson, originally born in South Caro- watershed associations, to treat acid mine tional Funeral Directors and Embalmers Asso- lina, moved with his family to New Jersey drainage and bring those streams back to life ciation, and other professional groups. She’s where he was inspired to become a pilot after been a member of Pleasant Green Baptist with plant life and fish. watching Charles Lindbergh land the Spirit of Church for over 50 years and is a charter Craig is also proud of the Schuylkill Con- St. Louis at Teterboro Airport. Mr. Watson member of Alice M. Browne Chapter #40 of servation District’s efforts to educate local stu- earned his pilot’s license while studying engi- the Order of the Eastern Star. The recipient of dents on the environment and the importance neering at Howard University. In 1940, he was numerous community service and professional of conservation. In 1979, Craig ran Schuylkill told by an Army recruiter that there were no awards through the course of her career, she County’s first environthon, which combines in- openings for black pilots; however, a year is still serving our community, along with the class curriculum and outdoor training, helping later, the NAACP filed a race-discrimination excellent leadership of her grandson, Robert lawsuit and the War Department set up an ex- students to learn more about aquatic ecology, Davis, the fourth generation of her family to perimental program to train African American join the business, where he serves as general forestry, soil and land use, wildlife, and current airmen. manager, funeral director and embalmer. issues facing the environment. Mr. Watson completed this program, which This family business will be 98 years old Looking back on his twenty-five years as was based at Tuskegee Army Air Field in Ala- this month. As Myrtle maintains, they will con- district director, Craig said, ‘‘The job has been bama, as a fighter pilot and participated in tinue to follow founder Nathan Thatcher, Sen- a challenge, but it’s been a pleasure in doing nearly 40 flight missions during World War II. ior’s, practice of following the Golden Rule: do good things and doing the right things. That’s He retired from the military in the 1960s and unto others as they do unto you. And Myrtle the reward. Seeing fish back in streams, see- worked as an affirmative action specialist for will continue to be very proud of her family, the Federal Aviation Administration. He contin- which includes five great grandchildren and ing people at Sweet Arrow Lake. I am the type ued to lecture into his 90s about his experi- three grandchildren: Judy Easterwood, who of person that wanted to do things right the ences as a military and civil rights pioneer. lives with her husband Robert in Kansas City, first time so I didn’t have to do them again.’’ Over the past 20 years, Mr. Watson traveled Kansas; Robert Davis, and Associate Pro- I would like to thank Craig Morgan for his the country attending air shows and speaking fessor Jacquelyn Hams, the chair of the de- twenty-five years of commitment to conserving about the all-black flight program. In 1997, partment of earth science and anthropology of and preserving Schuylkill County’s waters, Congress honored graduates of the Tuskegee Los Angeles Valley College. lands, and wildlife. program with the Congressional Gold Medal— Madam Speaker, I know that you and all the Nation’s highest civilian award. members of the House of Representatives join While at Tuskegee, Mr. Watson met Edna with me in paying tribute to Myrtle E. Thatcher Webster, a civilian employee at the airfield, upon her 100th birthday.

VerDate Nov 24 2008 04:39 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.039 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E633 EQUAL PAY DAY not only erroneous, it hurts the national se- agents have undertaken to foil, slow and dis- curity interests of this country and threat- rupt Iran’s efforts to develop a nuclear weap- ens the survival of Israel. ons capability. A nuclear-armed Iran would HON. AL GREEN U.S. support for Israel is essential, not threaten the lives of hundreds of thousands OF TEXAS only for Israel’s national security, but for of Americans in the region, all of Iran’s Arab IN THE HOUSE OF REPRESENTATIVES America’s. Every bit of that support—and neighbors, the world’s largest oil supplies Thursday, April 22, 2010 more—withstands all reasonable scrutiny. and those who rely on that oil. Under the 2010 U.S. budget, about $75 bil- ACCESS TO LETHAL IRANIAN TECHNOLOGY Mr. AL GREEN of Texas. Madam Speaker, lion, $65 billion and $3.25 billion will be spent Tuesday, April 20, 2010 marked the observ- on military operations and aid in Afghani- It also would provide anti-U.S. terrorists ance of National Equal Pay Day—a time to stan, Iraq and Pakistan during this fiscal with access to the most lethal Iranian technology and probably set off a nuclear arms celebrate the women who have blazed trails year, respectively. Israel will receive $3 billion, in military aid only. There is no eco- race in the region. for gender equality, reflect on the progress For about 2 percent of what the United that has been made since the Equal Pay Act nomic aid to Israel, other than loan guaran- tees that continue to be repaid in full and on States spends in Afghanistan, Iraq and Paki- and recommit ourselves to closing the wage time. stan this year, Americans can take pride in gap between women and men. There isn’t enough space here to discuss the return on our investment in aid to Israel. When the Equal Pay Act became law in the relative merits of the expenditures in And with Israel’s truly invaluable assist- 1963, women who worked full-time, year- these other countries, but we already know ance to America’s vital national security, we round made 59 cents on average for every the critically important return we get for can take comfort that—in actions seen in dollar earned by men. That figure only went helping our oldest, most trusted ally in the Tehran and Damascus and noticed by al- strategically important Middle East—the Qaida and other anti-U.S. terrorists every- up to 77 cents for every dollar earned by men where—the United States is safer and made in 2008. It is unconscionable that more than most powerful military force in that region, the pro-United States, pro-West and demo- more secure because of the mutually depend- 40 years later, women continue to be paid cratic Jewish state of Israel. ent and beneficial relationship between us less for performing the same job as their male Here’s how: and Israel. colleagues. Equal Pay Day reminds us of the First, it’s important to remember that f need to recommit to ending the injustice of about 70 percent of the $3 billion aid must be wage discrimination. used by Israel to purchase American mili- HONORING ISRAELI Last year, one of the first major bills signed tary equipment. This provides real support INDEPENDENCE DAY into law by President Obama in January 2009, for U.S. high-tech defense jobs and contributes to maintaining our industrial base. This SPEECH OF was the Lilly Ledbetter Fair Pay Act which re- helps the United States stay at the very top stores the right of women and other minorities in the manufacturing of our own cutting- HON. CAROLYN B. MALONEY to challenge unfair pay in court. Specifically, edge military munitions, aircraft, vehicles, OF NEW YORK the bill overturned a 2007 Supreme Court de- missiles and virtually every defensive and of- IN THE HOUSE OF REPRESENTATIVES cision that made it much harder for women fensive weapon in the U.S. arsenal—with the and other minority groups to pursue pay dis- added contribution of Israel’s renowned tech- Wednesday, April 21, 2010 crimination claims. As long as workers file nical know-how. Mrs. MALONEY. Mr. Speaker, I rise to rec- Second, the United States and Israel are their charges within 180 days of a discrimina- jointly developing state-of-the-art missile ognize and celebrate the 62nd Anniversary of tory paycheck, their claims for a remedy will defense capabilities in the David’s Sling and the establishment of the State of Israel. Much be considered timely. Arrow 3 systems. These two technologies like our July 4th, this day commemorates the In January 2009, the House of Representa- build on the already successful Arrow 2, date on which David Ben Gurion read the for- tives also passed the Paycheck Fairness Act jointly developed by our two countries, mal Declaration of the Establishment of the which closes the loopholes in the Equal Pay which is already providing missile defense State of Israel drafted by a coalition of zionist Act and imposes penalties on employers who security to Israel and U.S. civilians and leaders, voted on by the People’s Council discriminate based on gender. We look for- ground troops throughout the region. (Moetzet Ha’am) and signed by 37 founding ward to working with the Senate to complete A MULTIPLIER EFFECT mothers and fathers of the Jewish State. this bill and send it to the President’s desk. The knowledge we gain from these efforts On November 29, 1947, the United Nations Pay inequity is not just an issue that im- also has a positive multiplier effect on appli- approved a partition plan to take effect upon pacts women; families, communities, and our cations to other US. military and non-military uses and jobs here. the expiration of the British Mandate. The par- entire economy suffer because of this injus- Third, given Israel’s strategic location on tition plan was immediately rejected by the tice. Our Nation is still recovering from an eco- the Mediterranean, with access to the Red Arabs and armies from Egypt, Iraq, Jordan, nomic recession and thousands of Americans Sea and other vital international shipping Lebanon and Syria attacked to try to destroy continue to struggle to make ends meet. We and military lanes of commerce and traffic, the fledgling Jewish State before it could be should not allow pay inequity to exacerbate it is critically important to the United established. During the War of Independence, our economic challenges. States that Israel continue to serve as a port the Jewish Settlement (Yishuv), under the of call for our troops, ships, aircraft and in- Let us reaffirm our commitment to elimi- leadership of David Ben Gurion, formally es- nating this inequality so that we can truly telligence operations. Israel also has permitted the United States tablished the State of Israel. achieve equal pay for equal work. to stockpile arms, fuel, munitions and other The Declaration of the Establishment of the f supplies on its soil to be accessed whenever State of Israel was signed on May 14, 1948, America needs them in the region. which fell on the 5th of the Hebrew Month of HONORING ISRAELI Fourth, America’s special relationship INDEPENDENCE DAY Iyar, the date the British Mandate over Pal- with Israel provides us with real-time, estine expired. At a ceremony held at the Tel minute-to-minute access to one of the best, SPEECH OF intelligence services in the world: Israel’s. Aviv Museum, now known as Independence HON. STEVEN R. ROTHMAN With Israeli agents gathering intelligence Hall, David Ben Gurion read the Declaration and taking action throughout the Middle and 25 of the 37 signatories formally affixed OF NEW JERSEY East and, literally, around the world, regard- their signatures before a crowd of 250 invited IN THE HOUSE OF REPRESENTATIVES ing al-Qaida, Hezbollah, Iran and Hamas, the guests and a radio audience of countless lis- Wednesday, April 21, 2010 US. receives invaluable information about teners. Eleven of those who ultimately signed anti-U.S. and terrorist organizations and re- the Declaration were trapped in Jerusalem Mr. ROTHMAN of New Jersey. Mr. Speaker, gimes. I rise today to recognize the 62nd Anniversary Fifth, imagine the additional terrible cost which was then under seige; the 12th was of the Jewish State of Israel. On April 19, in U.S. blood, and the hundreds of billions abroad at the time of the ceremony. 2010, Israel celebrated Yom Ha’atzmaut, the more of American taxpayer dollars, if Sad- Eleven minutes after the declaration was national Independence Day of Israel, which dam Hussein had developed nuclear weapons, signed, President Truman de facto recognized commemorates its founding in 1948. In that or if Syria possessed them. the State of Israel. America shares an spirit, the following is an op-ed I wrote regard- Then remember that it was Israel that de- unshakable bond with Israel, born of our stroyed the almost-completed nuclear reac- shared values and our common outlook. We ing the benefits of U.S. aid to Israel. tor at Osirak, Iraq, in 1981 and Syria’s nu- ROTHMAN: THE DIVIDENDS OF U.S. SUPPORT clear facility under construction at Deir-ez- are both nations of immigrants that believe the FOR ISRAEL—APRIL 13, 2010—THE RECORD. Zor in 2007. path to success lies in invention, creation and The argument that American military aid And think about the many operations that investment. We are both nations that believe to Israel is damaging to the United States is Israel’s Defense Forces and intelligence in the rule of law and the importance of a

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.043 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E634 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 strong and independent judiciary. We are both nard Brehm, Aubrey Smith, Ronald Birchler, and global partners; and undertaking a major nations that were created by pioneers seeking Elwood Grube, Ira Weisblum, George Brown, revision of the curriculum which included religious freedom. We are both pluralistic na- John Nemeth, Kenneth Sayers, Edward movement from a three-credit to a four-credit tions in which what you know and what you Sturm, Eugene Poslaiko, Emmett Yoder, Jr., course curriculum, and numerous faculty-gen- create is more important than who you are Charles Brandenburg, Eleanor Purser, Dorothy erated enhancements that have focused on and where you came from. And, the United Kurtz, Louis Spencer, Joseph Beauchamp, experiential learning, service learning, global States must stand with Israel and must work David McKalip, Kenneth Ferris, Robert initiatives, and substantive new online offer- to ensure that Israel endures as a Jewish Partington, George Mann, Donald Bunger, ings in the adult and traditional student pro- State. Frank Parker, Michael Ursitti, Elias Ursitti, grams on the graduate and undergraduate In the 62 years that followed its establish- Charles Rogers, Forrest Yeager, Paul Groves, level. ment, Israel has survived and flourished de- La Moine Heimstead, Edward Texley, Robert Madam Speaker, we are fortunate to have spite the repeated efforts to destroy her. Israel Demmink, Curtiss Sarff, Ervin Loche, Paul Dr. Lewthwaite at the helm of Centenary Col- is a vigorous democracy, our strongest ally in Wilcox, Dominic Franciose, George Doucette, lege in northwestern New Jersey. With her the Middle East. Her economy is thriving, in John Heck, Frank Barletta, Frank Oden, Jr., leadership I am confident that Centenary will large part as a result of her agricultural, tech- Wesley Bates, Eugene Andrews, Jorgen continue to provide high-quality education to nological and medical innovations. With a free Brinch, Frank Mazzarisi, Edwin Ratcliffe, Lewis its students, preparing them for the 21st Cen- and active press, freedom of religion, free Riggles, Charles Briner, Carl Loiocano, tury. elections and a free and independent judiciary, Carlton Carson, Lew Hall and Frank Burns. f Israelis of all religions and nationalities enjoy Throughout our nation’s history, men and rights and opportunities unimaginable else- women have answered the call of duty in THE CONGRESSIONAL YOUTH AD- where in the Middle East. times of peace and in times of conflict. These VISORY COUNCIL: A LEGACY OF Israel constitutes a fraction of 1% of the veterans and their sacrifices have helped to SERVICE land mass and only 2% of the population of preserve liberty and freedom around the the Middle East. Nonetheless, Israel far out- world. HON. SAM JOHNSON shines much of the world in terms of aca- I would like to thank these veterans for their OF TEXAS demic, scientific and technological achieve- commitment to our country. I am honored to IN THE HOUSE OF REPRESENTATIVES ment. Israel has the highest ratio of university have these brave men and women visit Wash- degrees per capita in the world and produces ington, DC. Madam Speaker, it is a true honor Thursday, April 22, 2010 more scientific papers and more books per to represent these heroes in Congress. Mr. SAM JOHNSON of Texas. Madam capita than any other nation in the world. It is f Speaker, I ask my fellow colleagues to join me the only nation in the world that has had a net in congratulating the 2009–2010 Congres- increase in the number of trees. Israel has COMMEMORATING DR. BARBARA- sional Youth Advisory Council. This year 45 transformed itself from an impoverished back- JAYNE LEWTHWAITE AS 12TH students from public, private, and home water to a gleaming modern nation, ranking PRESIDENT OF CENTENARY COL- schools in grades 9 through 12 made their among the very highly developed countries of LEGE voices heard and made a difference in their the world. communities, their country and their Congress. Mr. Speaker, I am pleased to congratulate HON. SCOTT GARRETT These students volunteered their time, effort, Israel for its 62 years of independence, inno- OF NEW JERSEY and talent to inform me about the important vation and enterprise. IN THE HOUSE OF REPRESENTATIVES issues facing their generation. As young lead- f Thursday, April 22, 2010 ers within their communities and their schools, these students boldly represent the promise TRIBUTE TO THE SOUTHWEST Mr. GARRETT of New Jersey. Madam and the hope we all have for their very bright FLORIDA VETERANS ON THE Speaker, I rise today to commemorate Dr. future. SATURDAY, APRIL 24, 2010 HONOR Barbara-Jayne Lewthwaite upon being inaugu- President Ronald Reagan said, ‘‘Freedom is FLIGHT rated as the 12th President of Centenary Col- never more than one generation away from lege in Hackettstown, New Jersey. extinction. We didn’t pass it to our children in HON. CONNIE MACK Dr. Lewthwaite is only the second woman the bloodstream. It must be fought for, pro- OF FLORIDA and second former faculty member to hold the tected, and handed on for them to do the IN THE HOUSE OF REPRESENTATIVES position since Centenary’s founding in 1867. same, or one day we will spend our sunset Part of the Centenary College community for Thursday, April 22, 2010 years telling our children and our children’s more than 20 years, she brings to the post children what it was once like in the United Mr. MACK. Madam Speaker, I rise today to sound academic credentials, strong edu- States where men were free.’’ honor the nearly 100 World War II veterans cational leadership skills and valuable busi- To ensure that the blessing of freedom is from Southwest Florida traveling to Wash- ness acumen. passed from one generation to the next, the ington, DC on the Honor Flight on Saturday, Dr. Lewthwaite was appointed Acting Presi- members of the CYAC spent time interviewing April 24, 2010. dent of the College on January 1, 2009. Since a veteran and documenting the experience for Since its inception in 2005, Honor Flight has that time, she has used her academic back- the ‘‘Preserving History Project.’’ Today I’m flown tens of thousands of World War II vet- ground to enhance the College’s mission: pro- proud to submit the brief summaries provided erans to our nation’s capital to view the World viding a student-centered liberal arts education so the patriotic service of our dedicated vet- War II Memorial. Thanks to the generosity of with a career focus and a special emphasis on erans and the thoughtful work of the CYAC thousands of volunteers and businesses community service. may be preserved for antiquity in the CON- around the country, these heroes have an op- Before assuming the Presidency, Dr. GRESSIONAL RECORD. A copy of each sub- portunity to visit the Memorial that was built to Lewthwaite served Centenary in several lead- mitted student summary follows. honor their service to our great nation. ership positions, including Chief Academic Of- To each member of the Congressional I would like to recognize the following men ficer and Acting Chief Operating Officer. As a Youth Advisory Council, thank you for making and women from Southwest Florida who are member of Centenary’s Executive Staff since this year and this group a success. It is not a taking the Honor Flight to Washington, DC: 2003, she spearheaded significant accom- coincidence that this congressional tribute Kurt Boenker, Fred Warner, Vincent Marinera, plishments at the college: supporting the de- celebrates two generations of service. Each of Carl Price, Joseph Harrington, James Jarvis, velopment of a faculty of talented teachers you is trusted with the precious gift of free- Norman Jarvis, David Smith, Lawrence and scholars; upgrading academic expecta- dom. Phelan, Thomas Withrow, Robert Bricker, tions that are grounded in the adoption of You are the voices of the future and I salute Henry Chiminello, Robert Voege, Robert standards such as the Centenary Greater Ex- you. God bless you and God bless America. Schugg, Jack Anderson, James Cusick, Jr., pectation Learning Outcomes; leading the aca- The summary follows: Jack Blachley, Robert Hall, William Wardle, demic assessment movement that resulted in Major Scott Edward Barnett, has accom- Ralph Cook, Leonard Nallman, Donald Lester, the College being the first in New Jersey to re- plished so much in his life. After talking to Thomas Mac Kimmie, Robert Stilson, John ceive pre-accreditation from the Teacher Edu- him, I understand that being in the military Drake, James Hausler, Alfred Pagles, Stanley cation Accreditation Council (TEAC); achieving is a very rewarding life experience. I have Parks, Eugene Roaf, Edward Coombs, Ber- extensive articulation agreements with local learned so much after interviewing him.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.045 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E635 After speaking with someone who has seen EXPRESSING CONDOLENCES FOR ple that their country continues to develop and so many traumatic experiences, the war real- VICTIMS OF TESORO REFINERY flourish even as it is surrounded by so many ly does become real to me. I also can really FIRE IN ANACORTES, WASH- who unjustly wish to see it dissolved and de- feel the pain of having to be so far away from INGTON stroyed. your loved ones for so long. I can’t even imagine having to be newly married, then The nation of Israel is a friend of the poor SPEECH OF deployed to a foreign country in danger, and dispossessed around the world. It has away from your new spouse, not being able HON. GENE GREEN sent humanitarian aid and emergency medical to contact them every day. Or even having OF TEXAS supplies to war zones in Rwanda; disaster children and not being able to see them grow areas in Turkey, the Indian Ocean, and along IN THE HOUSE OF REPRESENTATIVES up. This would be extremely hard to do, and the Gulf Coast; and to fire-scorched areas in it really takes a special type of person to do Wednesday, April 21, 2010 Greece. Most recently, Israel supplied much- that. This assignment has given me a new Mr. GENE GREEN of Texas. Madam needed support and relief to the people of appreciation of everything that our soldiers Speaker, I rise today in strong support of Haiti, including deploying the Israel Defense do for us. When you are just living your nor- mal daily life, there are soldiers out in dan- House Resolution 1262, which honors the vic- Forces on aid missions and contributing mil- ger, fighting to let you keep that freedom tims of the fire at the Tesoro Refinery in lions of dollars to help the Haitian people re- that you just take advantage of. I believe Anacortes, Washington and expresses condo- build their country. that more people should get to know about lences to their families, friends, and loved It is clear that Israel’s national mission is a the war veterans, so that they can appre- ones in the wake of this tragic incident. higher calling than mere survival or self-per- ciate everything soldiers do for us.—Abby On April 2, 2010, as a team of seven em- petuation. It is an example to the world of the Callison ployees worked in the refinery’s naphtha power of a determined national spirit, a citi- hydro-treater, a devastating fire broke out. zenry dedicated to justice, and a set of found- f While the fire was quickly brought under con- ing principles that cannot be corrupted. trol by Tesoro’s fire control team and local first From the moment the United States recog- A TRIBUTE TO EARTH DAY AND responders, three of the employees died im- nized the State of Israel 11 minutes after its NORTHWEST HALIFAX HIGH mediately in the fire, three more died of their creation in 1948, Israel has proven to be a SCHOOL injuries, and another remains in intensive care loyal partner with which the United States en- after suffering severe burns. joys a mutually beneficial alliance. The ad- I would like to extend my deepest sym- vances made by our two countries in edu- HON. G.K. BUTTERFIELD pathies to the community of Anacortes and the cational, scientific, and technological fields OF NORTH CAROLINA entire state of Washington, including to Rep- help to make the world a better place, and resentative RICK LARSEN who represents the augment our intelligence and security partner- IN THE HOUSE OF REPRESENTATIVES affected community. Our district has five refin- ships in a crucial region of the world. Thursday, April 22, 2010 eries that employ many of our constituents I join with many of my colleagues in the and we share in their unfortunate loss. U.S. House of Representatives in highlighting Mr. BUTTERFIELD. Madam Speaker, today As we continue to deal with the devastating my admiration for what the nation of Israel has I am proud to mark Earth Day’s 40th anniver- consequences of this episode, we must also accomplished in the last sixty-two years. It is sary. The brainchild of Senator Gaylord Nel- direct our attention to preventing losses of life my hope that the people of Israel use this an- son, Earth Day has done more than simply like this in the future. Ensuring the safety of niversary as an opportunity to set a path for- raise awareness of environmental issues; it our refineries must be a top priority to protect ward that will help bring peace and prosperity has helped shape policy to build a more sus- the security and wellbeing of our workers, their to themselves and to their region for the next tainable country. families, and communities. several years. Again, I would like to express my condo- f This occasion should remind everyone of lences to the families, friends, and loved ones the opportunity to swiftly take steps toward ad- of those killed in the fire and also offer my CELEBRATING THE CENTENNIAL dressing our most dire environmental threat— support and hope for a full recovery to the ANNIVERSARY OF THE SAINT global climate change. Last June, the House Anacortes community. PAUL HOTEL approved the American Clean Energy and Se- curity Act, which would establish a process to f HON. BETTY McCOLLUM curb greenhouse gas emissions. If signed into HONORING ISRAELI OF MINNESOTA law, our children will celebrate the 80th annual INDEPENDENCE DAY IN THE HOUSE OF REPRESENTATIVES Earth Day in 2050 with 83 percent less domestic greenhouse gas emissions. SPEECH OF Thursday, April 22, 2010 It is critical that the U.S. Senate take imme- HON. DORIS O. MATSUI Ms. MCCOLLUM. Madam Speaker, today I diate steps to provide meaningful, science- OF CALIFORNIA rise to honor the staff and owners of The Saint based legislation to limit greenhouse gas IN THE HOUSE OF REPRESENTATIVES Paul Hotel on the occasion of its Centennial Anniversary, which will be celebrated this emissions. We must do our part to leave a Wednesday, April 21, 2010 legacy of conservation and sustainability for weekend on April 17th. future generations. And, as Congress slowly Ms. MATSUI. Mr. Speaker, I rise in recogni- Since its grand opening on April 18th, 1910, labors to provide direction, millions of Ameri- tion of the 62nd anniversary of one of our The Saint Paul Hotel has served as a geo- cans are taking their own steps to live greener country’s most steadfast and supportive allies: graphic and cultural landmark for Minnesota’s and more sustainable lives. Israel. capital city, as well as a gathering place for Since Israel’s declaration of independence Saint Paul’s many visitors and residents. Northwest Halifax High School, located in in 1948, Jews from all over the world have In 1908 local businessman Lucius P. Littleton, North Carolina in the First Congres- moved there to put down roots, flourish, and Ordway recognized the need for a major hotel sional District, has installed a 2.0k/W solar participate in a Jewish state and society. Israel in the growing commercial hub of Saint Paul. panel system that will use a third less energy has grown from a country that provided a ref- Mr. Ordway partnered with the city’s Business and reduce carbon emissions by 117,840 uge for Jews who survived unprecedented League to purchase a parcel of land near pounds over the lifespan of the system. On horrors and anti-Semitic persecution to a na- downtown Saint Paul’s Rice Park and finance average, the school will save enough money tion with a strong and enduring tradition of de- the hotel’s construction. Less than two years to hire two full time teachers. mocracy and liberal governance. later, the Saint Paul Hotel was opened for Madam Speaker, as we celebrate Earth Israel was born out of war and conflict, and business. It immediately was recognized as Day, I urge Congress to meet the mandate of has weathered constant threats from beyond the premier hotel in the region, and less than the American people and pass meaningful leg- its borders since its creation. The history of one month after its grand opening celebration islation to confront climate change. I ask my Israel is one of a nation small in size but large the hotel was named ‘‘Best in the West’’ by colleagues to join me in celebrating Earth Day, in its dedication to the enduring principles of the National Hotelman’s Association. and commending Northwest Halifax High democratic governance, liberal democracy, After falling into disrepair in the 1950s, civic School on setting an example for all Ameri- and national unity. It is a testament to the and business leaders undertook an extensive cans. character and inner strength of the Israeli peo- renovation to return the hotel to its original

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.048 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E636 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 glory between 1981 and 1982. Since then, covered some of the most important stories years of outstanding achievements and ac- The Saint Paul Hotel has won dozens more our Valley has ever seen, most notably the re- complishments in public service. Gary M. awards for outstanding service and accom- cent dire water crisis facing our Central Valley Christmas has served as Riverside County’s modations, and it has become, once again, farmers and their communities. His collection Chief Deputy County Executive Officer since one of the foremost luxury hotels in the Mid- of media badges and awards speak volumes. October 2008, and has been employed with west. He was named the California Farm Bureau the county in Riverside, California since July Throughout its history, The Saint Paul Hotel Agricultural Reporter of the Year in ’94. In 1997. After almost three decades of service, has hosted a number of American Presidents, 2005, Roy received the ‘‘Heavy Puller Award’’ Gary is retiring and today I honor his years of foreign dignitaries and heads of state, per- from the Fresno County Farm Bureau. public service. forming artists, writers, athletes, and numer- Cancer may have claimed Roy’s life at 72, Gary graduated from the University of New ous weddings. It has contributed a century’s but longtime friend and broadcaster Dennis Orleans with a Bachelor’s Degree in Political worth of memories to Saint Paul and the sur- Hart reports Roy went out just the way he’d Science and from San Jose State University rounding community. planned; working until the very end. He’s one with a Master’s in Library Science. Prior to at- Madam Speaker, please join me in rising to of those rare people that got to do just that. tending college, Gary served four years in the honor the Centennial Anniversary of The Saint Roy Isom is survived by his wife of 45 years United States Coast Guard stationed in New Paul Hotel and its contributions to the rich his- Pat Isom; son, Richard Isom; daughters Jen- Orleans, Louisiana. tory of the city of Saint Paul and the State of nifer Isom Schmidtke and Catherine Isom; and Gary was a librarian for 16 years where he Minnesota. seven grandchildren; all of Fresno. Mr. Isom held progressively more responsible library f will be long remembered for his love and dedi- management positions. He was also a ref- HONORING ROY ISOM cation to his family and to the broadcast in- erence librarian at several colleges and uni- dustry, and for his tireless efforts in doing his versities, including University of California, HON. JIM COSTA job, especially on behalf of Valley agriculture. Riverside, Cal-Poly Pomona, Riverside Com- A memorial scholarship in Roy’s name has munity College and Mt. San Jacinto Commu- OF CALIFORNIA been set up with the Ag One Foundation at nity College. IN THE HOUSE OF REPRESENTATIVES California State University, Fresno. Roy Isom Gary served as the county librarian from Thursday, April 22, 2010 will truly be missed by family, friends and the July 1997 to June 2004 where he managed Mr. COSTA. Madam Speaker, I rise today to entire Central Valley Region. I will greatly miss the library services contract and the County Li- pay special tribute to a man whose life and Roy. Here’s to a truly honorable and great brary System with over 30 branches and more passions exemplified the well honored work man! than 300 contract employees. ethic and spirit of fortitude, fairness, decency f As Deputy County Executive Officer, a posi- and citizenship that has made our nation tion he held from June 2004 to October 2008, great. Many things have contributed to the ag- COMMEMORATING 40TH Gary oversaw analysts in the Executive Office riculture industry’s prominence in our nation ANNIVERSARY OF EARTH DAY on budget and policy items, managed the and the world, but one significant underlying County Capital Improvement Program team SPEECH OF factor in awareness of California’s premier ag- and coordinated the court facility transfer to ricultural contributions to this great society has HON. DORIS O. MATSUI the State Administrative Office of the Courts. been the presence of individuals such as Roy OF CALIFORNIA During his tenure as Chief Deputy County Isom. On April 15th, 2010, agriculture and the IN THE HOUSE OF REPRESENTATIVES Executive Officer, Gary worked directly with entire Central Valley of California, lost a valu- the CEO, Assistant CEO and the Board of Su- Wednesday, April 21, 2010 able friend and ally in Mr. Roy Isom, a radio pervisors in developing county policies and icon in Fresno, California, the man colleagues Ms. MATSUI. Madam Speaker, I rise today strategies. Additionally, Gary managed the called the hardest working person in broad- to celebrate the 40th annual Earth Day. Program Division of the Executive Office and casting. Each year Earth Day offers us an oppor- has served as the legislative coordinator for Roy Isom was a fixture in Central Valley tunity to reflect on the progress we have made the county advocacy program in Sacramento California broadcasting for more than 40 toward protecting our environment and the and Washington, DC. Gary has also rep- years. Mr. Isom was known in the Central Val- work that we still need to do. resented the county at various federal, state ley by many as the ‘‘voice of agriculture’’ pro- Now more than ever, we have an historic and local meetings, boards and committees. ducing daily, an hour-long morning agricultural opportunity to take action to limit the harmful Gary has been married to his wife Kathy news show, reporting the concerns and activi- effects of climate change and create the clean since 1974 and has two children, Erin and An- ties of farming and agribusiness. Roy genu- energy economy of the future. drea. In retirement, Gary will continue to travel inely understood agriculture and its issues, And there is no reason why America and spend time with his family. talking regularly with farmers. Roy Isom was shouldn’t be at the forefront of this new econ- Gary Christmas’s tireless passion for com- dedicated to agriculture. omy—and my hometown of Sacramento is munity and public service has contributed im- Mr. Isom was a good hearted and good na- helping to lead that effort. mensely to the betterment of the community of tured newsman who came to KMJ in Fresno To date, our area has among the highest Riverside, California. I am proud to call Gary in 1981 after a long stint in television news, in- federal funding levels through the Recovery a fellow community member, American and cluding KFSN ch. 30. He started as farm news Act and other grants to support investments in friend. I know that many community members editor, but later added the title of news director clean-tech and energy efficiency projects, in- are grateful for his service and salute him as to his resume. Colleagues marveled at his cluding SmartGrid. he retires. work ethic. He would come to work at 1 Madam Speaker, Sacramento’s efforts are f o’clock in the morning and then ‘‘maybe’’ helping to lay the groundwork for renewed leave at 3 in the afternoon, only to come back economic prosperity for our country, create THE CONGRESSIONAL YOUTH AD- to work the next day seemingly unaffected by good jobs, and will provide enormous benefits VISORY COUNCIL: A LEGACY OF it. Though he arrived to work so early, he’d to our environment at the same time. SERVICE refuse to be pulled off a story until that story f was told—and told well. HON. SAM JOHNSON TRIBUTE TO GARY M. CHRISTMAS, Roy Isom was known for his fair and bal- OF TEXAS CHIEF DEPUTY COUNTY EXECU- anced reporting. There was no one who didn’t IN THE HOUSE OF REPRESENTATIVES like or respect Roy. Though passionate about TIVE OFFICER Thursday, April 22, 2010 his craft, he was never pushy. Former KMJ general manager Al Smith reported, ‘‘He was HON. KEN CALVERT Mr. SAM JOHNSON of Texas. Madam never a gotcha news guy. He was a guy who OF CALIFORNIA Speaker, I ask my fellow colleagues to join me just wanted to get the facts ma’am.’’, always IN THE HOUSE OF REPRESENTATIVES in congratulating the 2009–2010 Congres- done in a respectful way. Roy could master- sional Youth Advisory Council. This year 45 Thursday, April 22, 2010 fully paint a mental picture for listeners when students from public, private, and home on the scene of breaking news events. Mr. CALVERT. Madam Speaker, I rise today schools in grades 9 through 12 made their Over the course of 45 years, Mr. Isom cov- to honor and pay tribute to an individual from voices heard and made a difference in their ered countless major breaking stories. Roy my Congressional District for his nearly 30 communities, their country and their Congress.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.052 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E637 These students volunteered their time, effort, nually, there are approximately 250 million illnesses and deaths caused by malaria. There and talent to inform me about the important cases of malaria and nearly 1 million deaths, is a plan in place to put us on the path to issues facing their generation. As young lead- primarily among children in Africa under five. eliminating this disease and, through our for- ers within their communities and their schools, Malaria is highly preventable and treatable eign assistance, we, as Americans, are an in- these students boldly represent the promise with existing tools, including insecticide-treated tegral part of that plan. and the hope we all have for their very bright bed nets, indoor residual spraying of insecti- Congressman BOOZMAN and I launched the future. cides, and anti-malaria drugs. Through the Congressional Malaria Caucus to promote President Ronald Reagan said, ‘‘Freedom is President’s Malaria Initiative, contributions to awareness in Congress of the efforts being never more than one generation away from the Global Fund to Fight AIDS, TB, and Ma- made to stamp out the disease. We now have extinction. We didn’t pass it to our children in laria, and other investments, the United States close to 60 Members of the Caucus, and I en- the bloodstream. It must be fought for, pro- has played a prominent role in the global effort courage us to see this plan through and help tected, and handed on for them to do the to fight this deadly disease. those who face the daily burden of malaria to same, or one day we will spend our sunset This effort is already showing impressive re- reach their potential as a nation and as peo- years telling our children and our children’s sults, but ensuring that available anti-malaria ple. children what it was once like in the United tools reach all of the people who need them f States where men were free.’’ will require greater dedication of resources To ensure that the blessing of freedom is from the U.S. and our partners. Furthermore, PERSONAL EXPLANATION passed from one generation to the next, the drug and insecticide resistance mean that to- members of the CYAC spent time interviewing day’s tools are likely to lose their efficacy over HON. JOHN CONYERS, JR. a veteran and documenting the experience for time. Therefore, it is critical to invest in re- OF MICHIGAN the ‘‘Preserving History Project.’’ Today I’m search on new tools, including drugs, insecti- IN THE HOUSE OF REPRESENTATIVES proud to submit the brief summaries provided cides, diagnostics, and, eventually, a malaria Thursday, April 22, 2010 so the patriotic service of our dedicated vet- vaccine. Mr. CONYERS. Madam Speaker, on April erans and the thoughtful work of the CYAC The past several years have seen remark- 22, 2010, I regret that I was not present to ON- may be preserved for antiquity in the C able gains against malaria. Securing and ex- vote on the Motion on Ordering the Previous GRESSIONAL RECORD. A copy of each sub- panding these gains will require continued Question on the Flake Privileged Resolution, mitted student summary follows. U.S. leadership and investment. the Motion to Refer the Flake Privileged Reso- To each member of the Congressional f lution, the Republican Motion to Instruct Con- Youth Advisory Council, thank you for making ferees on H.R. 2194, and H. Res. 1270. this year and this group a success. It is not a 2010 WORLD MALARIA DAY—‘‘WE CAN DEFEAT MALARIA’’ Had I been present, I would have voted coincidence that this congressional tribute ‘‘yea’’ on the Motion to Refer the Flake Privi- celebrates two generations of service. Each of leged Resolution, and H. Res. 1270 you is trusted with the precious gift of free- HON. DONALD M. PAYNE I would have voted ‘‘no’’ on the Motion on dom. OF NEW JERSEY Ordering the Previous Question on the Flake You are the voices of the future and I salute IN THE HOUSE OF REPRESENTATIVES Privileged Resolution and the Republican Mo- you. God bless you and God bless America. Thursday, April 22, 2010 tion to Instruct Conferees on H.R. 2194. The summary follows: f I had known a little about what my dad did Mr. PAYNE. Madam Speaker, I rise today to while he was deployed, but I had never recognize the importance of World Malaria CAREGIVERS AND VETERANS pressed him for details. I think that is was Day, which occurs on April 25th. For millions OMNIBUS HEALTH SERVICES ACT partially because I assumed that anything around the world—particularly in sub-Saharan that would make a good story would be clas- Africa, where the global malaria burden is SPEECH OF sified for the next eighty years, but I also heaviest—the disease is a daily reality, an en- think that I was a little bit afraid of what I HON. JOHN H. ADLER during epidemic that kills millions and impedes might hear. However, the stories that he OF NEW JERSEY the progress and ambitions of entire nations. shared were not as horrifying as I expected. IN THE HOUSE OF REPRESENTATIVES I was stunned when he told me that he had In the last decade, however, it has been never had a casualty in any of his units. proven that this need not be the case; that Wednesday, April 21, 2010 Our interview session was about as casual malaria can, in fact, be defeated. Between Mr. ADLER of New Jersey. I rise in support as it could be. I went outside to interview 2000 and 2009, 384,000 lives were saved in of S. 1963, the Caregivers and Veterans Om- him while he was working in the yard. Dur- 12 African countries alone, through resources nibus Health Services Act. ing our interview I learned more about some like insecticide-treated bed nets, indoor resid- of the places he had visited in peace, includ- The Caregivers and Veterans Omnibus ing the U.A.E. (United Arab Emirates) and ual spraying, and malaria prevention for Health Services Act is a comprehensive piece what was included in that country. At first I women during pregnancy. This was accom- of legislation aimed at augmenting the support was surprised that this was one of his favor- plished through the efforts and support of services available to family caregivers of ite places he has visited, but after he ex- many countries, organizations, and companies wounded veterans, improving VA services to plained what was there it made perfect that effectively raised the level of prevention, women veterans, preventing veteran home- sense. I was honored that I could speak with treatment, program support, and health sys- lessness, and increasing mental health care my father about his experiences. It inspired tem-strengthening in sub-Saharan Africa. access to veterans. me to do my utmost to make sure that I will In 2008, Congress authorized an historic preserve our military history.—Kai Fujisaka This historic bill achieves so many nec- $48 billion for HIV/AIDS, tuberculosis, and ma- essary and important goals. First, it provides f laria programs by passing H.R. 5501, the Tom immediate support for veteran caregivers by AMERICA MUST CONTINUE TO Lantos and Henry J. Hyde United States Glob- creating a program to offer caregiver training, LEAD THE FIGHT al Leadership Against HIV/AIDS, Tuberculosis, access to mental health counseling, and 24- and Malaria Reauthorization Act of 2008. But hour respite care in the veteran’s home. Fam- HON. ADAM B. SCHIFF the current level of funding is not where it ily caregivers sacrifice so much of their own OF CALIFORNIA needs to be to ensure that these life-saving lives in order to care for our nation’s heroes. measures reach the people who need them. In IN THE HOUSE OF REPRESENTATIVES It is so important that we give them every sup- fact, current funding is only 25 percent of what portive service they need so they do not be- Thursday, April 22, 2010 is needed to achieve the malaria intervention come overwhelmed by the daily realities of Mr. SCHIFF. Madam Speaker, I rise today and elimination goals established by the UN caring for a wounded veteran. to remind my colleagues that April 25th is and the Roll Back Malaria partnership. Second, this bill seeks to build a VA health World Malaria Day. On this day, global health World Malaria Day is an opportunity to raise care system respectful of the unique medical advocates around the world will be raising awareness for this cause and address its in- needs of women veterans. For the first time, awareness about malaria, and the fight herent challenges. This is not an endeavor for VA will be authorized to provide health care against this deadly disease. which we lack the knowledge, skills, or re- for newborn infants of women veterans. Our Malaria is an acute and often fatal disease sources to win. Rapidly scaling up the distribu- women veterans deserve private health care transmitted to humans by mosquitoes. The tion of malaria control interventions has been that is respectful of their unique medical World Health Organization estimates that an- proven to have a dramatic impact on reducing needs.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.056 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E638 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 This bill also seeks to expand VA services Distinguished Flying Cross, two Silver Stars, HONORING THE 150TH ANNIVER- that are designed to end veteran homeless- one Bronze Star with Valor, four Air Medals, SARY OF THE SISTERS OF CHAR- ness. It is unacceptable that the brave men two Purple Hearts, and three Outstanding ITY OF SAINT ELIZABETH Unit Awards. and women who fought in service to our country would go without a place to rest their Since 1991, Congressman Johnson has HON. STEVEN R. ROTHMAN heads at night. I applaud these efforts to aug- served the Third District of Texas as our representative to the United States Congress. OF NEW JERSEY ment Secretary Shinseki’s plan to end veteran He serves as the Ranking Member of the So- IN THE HOUSE OF REPRESENTATIVES homelessness in the next 5 years. cial Security Subcommittee. Congressman Thursday, April 22, 2010 The Caregivers and Veterans Omnibus Johnson currently sits on the prestigious Health Services Act deserves our undivided Ways and Means Committee. Mr. Johnson Mr. ROTHMAN of New Jersey. Madam support. I urge my colleagues to vote in favor has personally inspired me as a young man. Speaker, I rise today to recognize the Sisters of S. 1963. Through his unshakable faith, he has shown of Charity of Saint Elizabeth and celebrate me that nothing is impossible with a mighty f with them on their 150th Anniversary of serv- God. ‘‘I can do all things through Him who ice and dedication to serving their Church and THE CONGRESSIONAL YOUTH AD- strengthens me.’’ (Philippians 4:13). Con- community. VISORY COUNCIL: A LEGACY OF gressman Johnson is my Hero.—Gabriel The Sisters of Charity of Saint Elizabeth Devoto. SERVICE come from a long legacy of public service that stretches back to the 19th century. This legacy HON. SAM JOHNSON f is interwoven with the founding and develop- OF TEXAS HONORING DAVID POSSNER ment of the Catholic Church in New Jersey. IN THE HOUSE OF REPRESENTATIVES Under the authority of the first American bishop, Bishop John Carroll of Baltimore, Thursday, April 22, 2010 HON. MICHAEL E. McMAHON Mother Elizabeth Ann Seton founded the Mr. SAM JOHNSON of Texas. Madam American Sisters of Charity in 1809 in Em- Speaker, I ask my fellow colleagues to join me OF NEW YORK mitsburg, Maryland. Fifty years later, Sister in congratulating the 2009–2010 Congres- IN THE HOUSE OF REPRESENTATIVES Mary Xavier Mehegan was assigned by the sional Youth Advisory Council. This year 45 New York Sisters of Charity to take charge of students from public, private, and home Thursday, April 22, 2010 the new community that the first Bishop of schools in grades 9 through 12 made their Mr. MCMAHON. Madam Speaker, I rise Newark, James Roosevelt Bayley, nephew of voices heard and made a difference in their today to acknowledge and honor the service Mother Seton, wished to establish. communities, their country and their Congress. of David Possner to the youth of New York Following the example of Mother Elizabeth These students volunteered their time, effort, City. He has dedicated his life to educating the Ann Seton, the new community was formally and talent to inform me about the important youth of our city and to the betterment of his ordered and established in Newark, New Jer- issues facing their generation. As young lead- community. sey on September 29, 1859. The Sisters of ers within their communities and their schools, Charity of Saint Elizabeth founded the Acad- these students boldly represent the promise David Possner graduated from the pres- emy of Saint Elizabeth, the first secondary and the hope we all have for their very bright tigious New York City Leadership Academy’s school for young women in the state, near future. Aspiring Principals Program and is currently Morristown in 1860. In 1899, at a time when President Ronald Reagan said, ‘‘Freedom is an assistant principal at M.S. Q226 in Queens, New Jersey had no baccalaureate-degree- never more than one generation away from New York. At this school, he is the supervisor granting college for women, Sister Mary Xa- extinction. We didn’t pass it to our children in of the Visionary School Academy. In this role, vier Mehegan founded the College of Saint the bloodstream. It must be fought for, pro- he is a role model and inspiration to his stu- Elizabeth, New Jersey’s oldest four-year col- tected, and handed on for them to do the dents. He is always available to assist stu- lege for women and one of the first colleges same, or one day we will spend our sunset dents and their families, in or out of the class- for women in the United States. years telling our children and our children’s room. Under Sister Mehegan’s leadership, the Sis- children what it was once like in the United David’s commitment to education and com- ters of Charity of Saint Elizabeth moved their States where men were free.’’ munity service is not limited to the classroom. ministries beyond New Jersey to Connecticut, To ensure that the blessing of freedom is He is always available to assist students and Massachusetts, and New York. Following her passed from one generation to the next, the their families in both academic and personal passing, they further expanded their work into members of the CYAC spent time interviewing matters. David is involved in numerous chari- China, Puerto Rico, and the Virgin Islands. a veteran and documenting the experience for table organizations and has inspired many of While their endeavors continued to grow and the ‘‘Preserving History Project.’’ Today I’m his students to join him in these endeavors. expand abroad, they did not hesitate to toil proud to submit the brief summaries provided He sees his role not just as an educator, but restlessly for those who were disadvantaged so the patriotic service of our dedicated vet- as a leader of youth. His tireless dedication to and discriminated against at home. During the erans and the thoughtful work of the CYAC his life’s calling makes him an inspiration not period of segregation, the Sisters of Charity may be preserved for antiquity in the CON- just to his students, but to educators across opened a school for black children in Pensa- GRESSIONAL RECORD. A copy of each sub- the country. cola, Florida. The Sisters truly believe it to be mitted student summary follows. I am pleased to inform you that David’s hard self evident that all men, women and children To each member of the Congressional work has not gone unnoticed. He has been are created equal. Youth Advisory Council, thank you for making recognized by the United States Senate, the From this rich history, the Sisters of Charity this year and this group a success. It is not a House of Representatives, the New York State of Saint Elizabeth have become a beacon of coincidence that this congressional tribute Assembly, and the New York City Council. hope throughout the community. Their mission celebrates two generations of service. Each of The New York Post has called him ‘‘a vision- is to work with and for the poor, to alleviate you is trusted with the precious gift of free- ary who has made a deep impact on the lives suffering, to dispel ignorance, and to promote dom. of his students and fellow teachers.’’ justice. They participate in the mission of the You are the voices of the future and I salute Catholic Church through ministry supported you. God bless you and God bless America. The one word that we could use to describe and nourished by prayer and a vowed life of The summary follows: David would be ‘‘hope.’’ This has been his service to the community. The Sisters of Char- I had the privilege of interviewing Con- guiding principle for his entire career: hope in ity of Saint Elizabeth serve as a true example gressman Sam Johnson. He served in the New York City, hope in our state, hope in our of selflessness and service. They continue to United States Air Force during the Korean youth, and hope in our nation. Despite the embody President John F. Kennedy’s grand War, the Vietnam War, and during the Cuban constant challenges facing his students, he instruction: ‘‘Ask not what your country can do Missile Crisis. Congressman Johnson was a never gives up on them and always inspires for you—ask what you can do for your coun- prisoner of war for nearly seven years in the them to strive for excellence. Hanoi Hilton. Shortly after the Vietnam try.’’ War, he retired from the United States Air Madam Speaker, I invite the House of Rep- Madam Speaker, I know that my colleagues Force as a Colonel. When he departed from resentatives to join me in recognizing the out- will join with me in honoring the Sisters of the military, he was a highly decorated offi- standing life contributions of David Possner to Charity of Saint Elizabeth for their 150 years cer having received two Legions of Merit, the our city’s and our nation’s youth. of faithful service to New Jersey.

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A22AP8.060 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E639 THE CONGRESSIONAL YOUTH AD- his retirement from service.—Anita sary. It is the vision, innovation, and commit- VISORY COUNCIL: A LEGACY OF Chandrahas ment of Denver Health that continually en- SERVICE f hances the lives of our citizens and builds a TRIBUTE TO DENVER HEALTH better future for Coloradoans and for all Amer- HON. SAM JOHNSON icans. OF TEXAS f IN THE HOUSE OF REPRESENTATIVES HON. DIANA DeGETTE OF COLORADO HONORING TAYLOR MILLS AS A Thursday, April 22, 2010 IN THE HOUSE OF REPRESENTATIVES STUDENT LEADER Mr. SAM JOHNSON of Texas. Madam Thursday, April 22, 2010 Speaker, I ask my fellow colleagues to join me HON. JOHN BOOZMAN Ms. DEGETTE. Madam Speaker, along with in congratulating the 2009–2010 Congres- OF ARKANSAS Representative ED PERLMUTTER, I would like sional Youth Advisory Council. This year 45 IN THE HOUSE OF REPRESENTATIVES students from public, private, and home to recognize the exceptional endeavors and schools in grades 9 through 12 made their notable undertakings of an extraordinary pub- Thursday, April 22, 2010 voices heard and made a difference in their lic hospital system in Denver, Colorado. It is Mr. BOOZMAN. Madam Speaker, I rise to communities, their country and their Congress. fitting and proper that we recognize this out- honor Taylor Mills, a student leader at the Uni- These students volunteered their time, effort, standing institution for its innovation in the versity of Arkansas. and talent to inform me about the important health care field and for its enduring service to A dedicated student and an active indi- issues facing their generation. As young lead- care for the people of our state. It is to com- vidual, Taylor Mills has quickly distinguished ers within their communities and their schools, mend this outstanding and distinguished insti- himself as an influential leader among the stu- these students boldly represent the promise tution that we rise to honor Denver Health on dents of the University of Arkansas. He has and the hope we all have for their very bright the occasion of its 150th Anniversary. served in various leadership positions around future. Since 1860, Denver Health has been pro- campus, such as the president of the Red President Ronald Reagan said, ‘‘Freedom is viding essential, quality health care services Cross, vice president of Hogs for Haiti, and as never more than one generation away from for the metropolitan area. It is astonishing to the president of One World RSO. Maintaining extinction. We didn’t pass it to our children in think about what an integral role Denver his motivation to be a well rounded individual, the bloodstream. It must be fought for, pro- Health has played over the last 150 years. It Mills conducts research for the Terrorism Re- tected, and handed on for them to do the has been a community institution since Abra- search Center as well as serves as the intern same, or one day we will spend our sunset ham Lincoln was elected President; sixteen coordinator for Winrock International. All of years telling our children and our children’s years before Colorado even became a state. this has culminated in his nomination as Stu- children what it was once like in the United Denver Health has been here since the days dent Leader of the Week. States where men were free.’’ of duels and horse-drawn ambulances; since Taylor Mills serves as an inspiration for all To ensure that the blessing of freedom is before the Civil War even began. The hospital of us, showing what hard work and dedication passed from one generation to the next, the began in a small log cabin and has trans- can lead to. I have seen his hard work first members of the CYAC spent time interviewing formed into the extraordinary institution we hand as an intern in my office and am proud a veteran and documenting the experience for know today, serving twenty-five percent of of what he has accomplished. I believe this the ‘‘Preserving History Project.’’ Today I’m Denver residents and one in every three Den- man is capable of great things not only for the proud to submit the brief summaries provided ver children. Last year alone, Denver Health State of Arkansas, but also for the entirety of so the patriotic service of our dedicated vet- provided approximately $350 million in uncom- the United States. Thank you, Taylor Mills, for erans and the thoughtful work of the CYAC pensated care to the uninsured and medically all you have done at your time at the Univer- may be preserved for antiquity in the CON- needy. sity of Arkansas and all you will continue to GRESSIONAL RECORD. A copy of each sub- The first sentence in Denver Health’s mis- do. We look forward to seeing what you will mitted student summary follows. sion statement is a testament to its commit- accomplish. To each member of the Congressional ment to the health of our citizens. It reads: f Youth Advisory Council, thank you for making ‘‘Provide access to the highest quality health this year and this group a success. It is not a care, whether for prevention, or acute and HONORING REVEREND JAMES coincidence that this congressional tribute chronic diseases regardless of ability to pay.’’ COFFEE celebrates two generations of service. Each of Serving as the safety-net provider for the com- you is trusted with the precious gift of free- munity, Denver Health faces obstacles year HON. LYNN C. WOOLSEY dom. after year as the uninsured population con- OF CALIFORNIA You are the voices of the future and I salute tinues to increase. Denver Health’s pioneering IN THE HOUSE OF REPRESENTATIVES you. God bless you and God bless America. leadership has been innovative in developing The summary follows: tools to reduce cost, curb waste, and improve Thursday, April 22, 2010 As a 1st rank navel veteran, Mr. Harvey F. quality for our most vulnerable populations. Ms. WOOLSEY. Madam Speaker, I rise with Spears has had many awe-inspiring experi- In addition to its role as our primary safety- sadness today to honor a man who was a ences. In particular he was involved in law net hospital, Denver Health provides a number dear friend to me and a giant in our commu- enforcement and weapons control in his mili- of other services to the surrounding community. Reverend James Coffee of Santa Rosa, tary career, which lasted 20 years. In the Navy, he was the Command Master in Arms nities and region. Denver Health operates the California, passed away April 6, 2010, at the (CMAA) and was involved in the Navy Secu- city’s school based health centers, Denver’s age of 76, after a life that touched thousands rity Guard. He comes from a history of fam- 911 emergency response system, provides of lives. He will be deeply missed. ily serving their country through various as- correctional facility care, and houses the Den- Raised in Oklahoma when segregation was pects of the military. He helped found the ver Public Health Department. Denver Health the rule of the day, Rev. Coffee moved to the Veterans Association just before graduating also serves the surrounding region by housing San Francisco Bay Area as a teenager. He from the University of North Texas in Den- the regional Rocky Mountain Poison Control was first invited to be the pastor of Community ton, Texas; currently, Mr. Spears is the Center, Rocky Mountain Center for Medical Baptist Church in Santa Rosa in 1962 while president of the Veterans Association at UNT, which helps veterans gaining an edu- Response and the Rocky Mountain Regional studying at Golden Gate Baptist Seminary in cation at the University of North Texas to Trauma Center. Denver Health is truly a sys- Mill Valley. A year later, he accepted the posi- fully access all the resources available to tem of integrated care. tion and took on a small congregation of 15 them. Denver Health’s physicians, leadership, and African American members. I absolutely enjoyed talking to him and re- medical professionals have received an array Rev. Coffee was engaged in the civil rights alized that he had been through much that of local and national accolades for their inno- struggles of those times, including the 1956 even I could learn from. I was also amazed at vation and commitment to achieving the high- Montgomery bus boycott where he met Rev. how many places he has been to, seeing as I have never been outside the country. Ulti- est quality of patient care. Denver Health Martin Luther King, Jr. Racial tensions existed mately, I admire his leadership ability to leads the way in innovation and improvement in Sonoma County also. In 1985 the church create an organization for veterans as an in quality and efficiency. was damaged in a fire that Rev. Coffee be- alumnus of the university and still play a Please join me in commending Denver lieved to be arson, possibly because of his prominent role in his community, even after Health on the occasion of its 150th Anniver- stand against apartheid and his success in

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.064 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS E640 CONGRESSIONAL RECORD — Extensions of Remarks April 22, 2010 persuading the Board of Supervisors to with- of my colleagues the work of Take Stock in With regards to education, Israel has the draw investments in South Africa. Many in the Children. This organization offers extraordinary highest ratio of university degrees in the world, community rallied around the church, contrib- educational and mentoring programs for dis- so it is no surprise that Israel has become a uting time and money to the repairs and later advantaged youth throughout the state of Flor- leader in the health, science, and technology to the building of a new church. ida. fields. In fact, many of the technologies we Reverend Coffee always persevered in his Enrolling students as early as sixth grade, rely upon in the United States were actually vision of a society where everyone could real- Take Stock in Children offers each child a col- developed in Israel such as the cell phone, ize his or her full potential. With love and an lege tuition scholarship, a volunteer mentor, a computer operation systems, and voicemail open heart, he acted on his principles. With case manager, and long-term support. The technology. As a result of these technological the support and assistance of his wife Vivian, children in the program sign performance con- developments Israel has developed a $100 bil- his family, and his many friends made over tracts agreeing to get good grades; exhibit lion economy, which is larger than the com- the years, he worked inclusively to break positive behavior and; remain drug and crime bined economies of all its immediate neigh- down the barriers between races and promote free. bors. the greater good. Through their programs, Take Stock in Chil- Therefore, I rise today to celebrate Israel’s He was particularly concerned with the com- dren aims to reduce the number of high Independence and to pay my respects to munity’s youth, mentoring young people, pro- school drop-outs and increase the number of those who have lost their lives defending the viding scholarships, and joining with others to students who finish college and enter the nation they loved. Although the State of Israel establish and promote programs such as Rites workforce successfully. Since its inception in has experienced more than its fair share of of Passage (with Shirley Gordon) which teach- 1995, Take Stock in Children has served over trying times, it has never lost sight of the es teens that they can attend college and be- 16,000 children in 67 of Florida’s counties, noble ideals upon which the state was found- come leaders. These activities have given graduating 92 percent of its scholars in com- ed: freedom, justice, equality and peace. young people the hope and the support that parison with the state average of 65 percent. f keeps them out of gangs and on the path or In my home county of Broward, over 900 low promise. income students have received scholarships CELEBRATION OF ELIZABETH Rev. Coffee also founded or participated in since 1996, with 550 volunteer mentors meet- EVELYN WRIGHT DAY a wide variety of civic organizations and could ing with the students at their schools every be found bringing people together for a wide week. HON. SANFORD D. BISHOP, JR. variety of social issues. From the Bridge Build- I would like to congratulate the 72 Take OF GEORGIA ers Organization (to promote racial reconcili- Stock in Children senior scholars who will be IN THE HOUSE OF REPRESENTATIVES ation), 100 Black Men of Sonoma County, graduating and the 85 new scholars who will Race Equality Week, and Citizens Against Do- be entering the program next week in Broward Thursday, April 22, 2010 mestic Violence to the Salvation Army Advi- County. They join students graduating from Mr. BISHOP of Georgia. Madam Speaker, I sory Board and Citizens for Balanced Trans- around the state, 88 percent of which are first portation, Rev. Coffee’s presence and energy rise today to celebrate Elizabeth Evelyn Wright generation college-going students, empowered Day, which will be commemorated this year on were a catalyst for the whole the community. by the financial and moral support that this im- In 1981, he co-founded Santa Rosa’s Martin April 24th, in Talbotton, Georgia. Ms. Wright portant program has provided over their high Luther King, Jr. birthday celebration (with Car- was an incredible woman. Her passion to in- ole Ellis and Mary Moore) which continues to school career. spire and educate the disenfranchised burned I am proud today to honor the important inspire youth and bring people together. In within, and her internal fire was often chal- work that Take Stock in Children continues to 2004, he had the honor of meeting King’s son, lenged by actual fire. She survived several do paving the way to better lives for many dis- Martin Luther King III who spoke at a Sonoma arson attacks, yet remained undeterred. The advantaged children and helping them pursue County Human Rights Commission event at flames of hatred were no match for the lamp which the first of a new series of awards were the American dream of a college education. of knowledge. presented—the Reverend James E. Coffee f Elizabeth Evelyn Wright was born April 3, Human Rights Awards. HONORING ISRAELI 1872, in Talbotton, Georgia. She was raised in Rev. Coffee himself earned many awards INDEPENDENCE DAY a poverty-stricken area of Talbotton known as throughout his years of service. He appre- ‘‘Smith Hill.’’ As a child, she was persistent in ciated these acknowledgements, yet the great- SPEECH OF her educational endeavors. At St. Phillip’s est honors for him were the light of under- HON. STEVE COHEN AME Church, she studied reading, writing, and standing in a teen’s eyes, the dialogue across arithmetic, and her scholastic excellence was OF TENNESSEE a racial barrier, and the legacy of love and ac- quickly recognized by her professors. IN THE HOUSE OF REPRESENTATIVES tivism. He leaves a Community Baptist Church To realize her potential, Wright then enrolled that is multi-cultural with 500 active members Wednesday, April 21, 2010 at Tuskegee Institute in Alabama, where she who will carry on his work. Mr. COHEN. Mr. Speaker, I rise today to worked in the cafeteria during the day and at- He is survived by his wife Vivian; his chil- celebrate the 62nd anniversary of the founding tended classes at night. With the aid of Olivia dren James Jr., Shirley, and Yvette; three of the State of Israel, our friend and partner. Washington, wife of Booker T. Washington grandchildren; one great grandchild; and After a process that began with the Balfour who was then Principal of Tuskegee Institute, countless friends who will mourn him and be Declaration, the Mandate of the League of Na- Elizabeth Evelyn Wright was able to attend inspired by his example. tions and generations of struggling to regain daytime classes. She became close with the Madam Speaker, I am one of those many their homeland, the United Nations passed a Washington family, and was affectionately friends and I will miss him every day. To me, resolution on November 29, 1947 giving Israel known as ‘‘Lizzie.’’ Mrs. Washington inspired the Reverend James Coffee, has been the the right to exist as a state. On May 14, 1948, Lizzie to use her exceptional talents to edu- perfect embodiment of one of his favorite Israel signed a proclamation creating the State cate underprivileged African-American chil- sayings: ‘‘Make a difference one day at a of Israel, establishing it as a country that will dren. time.’’ Reverend Coffee did make a dif- ‘‘ensure complete equality of social and polit- During her senior year of college, Wright ference—with strength and persistence, humor ical rights to all its inhabitants irrespective of was approached by Almira Steele, a white and compassion—every day of his life. religion, race or sex.’’ That same night, the trustee at Tuskegee who knew of Lizzie’s stel- f United States officially recognized Israel as a lar academic reputation. She asked Lizzie to IN HONOR OF TAKE STOCK IN sovereign nation. move to McNeill, South Carolina, to teach. In CHILDREN GRADUATION AND Despite its unfortunate history of violence, 1892, taking a hiatus from school, Lizzie real- CONTRACT SIGNING 2010 the State of Israel has established itself as a ized her dream of educating African-American world leader and a nation millions of Jews are children and became inspired to open her own proud to have as their homeland. Considering school. HON. DEBBIE WASSERMAN SCHULTZ that Israel is the hundredth smallest country in In 1893, the McNeill School burned to the OF FLORIDA the world with less than one thousandth of the ground due to a hate-fueled attack. Witnessing IN THE HOUSE OF REPRESENTATIVES world’s population, what Israel has been able this injustice inspired Lizzie to return to Thursday, April 22, 2010 to accomplish is truly remarkable. What sepa- Tuskegee to graduate. She resumed teaching Ms. WASSERMAN SCHULTZ. Madam rates Israel from almost every other country is in McNeill, this time, at her own school. Never- Speaker, I rise today to bring to the attention its truly innovative and entrepreneurial nature. theless, the flames of hatred burned again as

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.067 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E641 white supremacists burned the lumber pur- acter, values, and academic excellence were members of the CYAC spent time interviewing chased to build Lizzie’s schoolhouse and then developed, I am pleased to honor her today. a veteran and documenting the experience for set fire to the temporary classroom building. Madam Speaker, Elizabeth Evelyn Wright the ‘‘Preserving History Project’’ Today I’m These were not the last fires of injustice Lizzie was beyond remarkable, and has not been proud to submit the brief summaries provided would experience in her lifetime. She would given an appropriate place in history. It is my so the patriotic service of our dedicated vet- attempt three more times to build a school, hope to draw attention to this incredible edu- erans and the thoughtful work of the CYAC and each met a fiery end. cator, whose life and courage in the face of may be preserved for antiquity in the CON- Undeterred, she moved to Denmark, South adversity continues to inspire students and GRESSIONAL RECORD. A copy of each sub- Carolina, and opened the Denmark Industrial teachers today. mitted student summary follows. School. In 1902, with the gracious aid of f To each member of the Congressional Ralph Voorhees, a blind philanthropist from THE CONGRESSIONAL YOUTH AD- Youth Advisory Council, thank you for making New Jersey, Lizzie was able to purchase 280 VISORY COUNCIL: A LEGACY OF this year and this group a success. It is not a acres of land. With the assistance of her friend SERVICE coincidence that this congressional tribute and mentor Booker T. Washington, the school celebrates two generations of service. Each of expanded, and was renamed the Voorhees In- HON. SAM JOHNSON you is trusted with the precious gift of freedom. dustrial School, which today is know as Voor- OF TEXAS hees College. In 1904, the school was incor- IN THE HOUSE OF REPRESENTATIVES You are the voices of the future and I salute porated by the South Carolina State Legisla- you. God bless you and God bless America. Thursday, April 22, 2010 ture. The summary follows: Sadly, due to life-long illness, Lizzie passed Mr. SAM JOHNSON of Texas. Madam Speaker, I ask my fellow colleagues to join me This unique opportunity to interview a away shortly thereafter, but she left an incred- in congratulating the 2009–2010 Congres- veteran was very eye-opening and edu- ible legacy. She never yielded in the face of cational. It helped me to better understand sional Youth Advisory Council. This year 45 adversity, and strove to educate and inspire why this country is so great. After inter- students from public, private, and home her community. Her passion still inspires the viewing such a prideful American, it is easy schools in grades 9 through 12 made their students of Voorhees College. Today, the col- to see why this nation has been so pros- voices heard and made a difference in their lege is an accredited four-year liberal arts col- perous. I am more cognizant of the opportu- communities, their country and their Congress. nities set out for me and why those opportu- lege, dedicated to a diverse global society, These students volunteered their time, effort, nities are possible. Many of them are only life-long learning, healthy living and an abiding and talent to inform me about the important available because of those who have fought faith in God. The students aim to improve issues facing their generation. As young lead- for this great country. I found this project so communities, society, and themselves. ers within their communities and their schools, inspirational that I have become more inter- On April 2, 2009, my colleague, Congress- ested in possibly serving some day. I think these students boldly represent the promise that for this country to continue to succeed man CLYBURN, sponsored a Tribute to Eliza- and the hope we all have for their very bright it needs more people who are as special as beth Evelyn Wright. In celebration of her birth- future. Mr. Rowley, the veteran that I interviewed. day, the Citizens of Talbotton, Georgia, first President Ronald Reagan said, ‘‘Freedom is His passion for America rubbed off on me in declared ‘‘Elizabeth Evelyn Wright Day’’ on never more than one generation away from a unique way. The way he explained his expe- April 4, 2009. The Citizens of Talbotton, in extinction. We didn’t pass it to our children in riences to me was special. It definitely celebration of the ‘‘Second Annual Elizabeth the bloodstream. It must be fought for, pro- seemed like his life and the way he saw Evelyn Wright Day,’’ have asked that Con- tected, and handed on for them to do the things changed during his service. His eyes gress again recognize the amazing contribu- same, or one day we will spend our sunset were opened up to the world. He never before realized how good his life in America was. tion she made to education. On behalf of years telling our children and our children’s One thing that struck me the most was how Georgia’s Second Congressional District, children what it was once like in the United optimistic he was about the future of the which is proud to be the birthplace of Eliza- States where men were free.’’ country In a time with so many issues, it is beth Evelyn Wright, as well as the place she To ensure that the blessing of freedom is reassuring to hear enthusiasm about where spent her formative years where her char- passed from one generation to the next, the we are and where we are going.—Blake Balda

VerDate Nov 24 2008 04:28 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A22AP8.070 E22APPT1 jbell on DSKDVH8Z91PROD with REMARKS Thursday, April 22, 2010 Daily Digest Senate financial stability of the United States by improving Chamber Action accountability and transparency in the financial sys- Routine Proceedings, pages S2535–S2604 tem, to end ‘‘too big to fail’’, to protect the Amer- Measures Introduced: Twelve bills and five resolu- ican taxpayer by ending bailouts, to protect con- tions were introduced, as follows: S. 3244–3255, and sumers from abusive financial services practices. S. Res. 495–499. Page S2587 Pages S2553–66 A motion was entered to close further debate on Measures Passed: the motion to proceed to consideration of the bill, Cost of Living Adjustment for Members of Con- and, in accordance with the provisions of Rule XXII gress: Senate passed S. 3244, to provide that Mem- of the Standing Rules of the Senate, and pursuant to bers of Congress shall not receive a cost of living ad- the unanimous-consent agreement of Thursday, April justment in pay during fiscal year 2011. Page S2544 22, 2010, a vote on cloture will occur at 5 p.m., on Small Business Act and the Small Business In- Monday, April 26, 2010. Page S2553 vestment Act: Senate passed S. 3253, to provide for A unanimous-consent agreement was reached pro- an additional temporary extension of programs under viding that Senate resume consideration of the mo- the Small Business Act and the Small Business In- tion to proceed to consideration of the bill at approximately 3 p.m., on Monday, April 26, 2010. vestment Act of 1958. Page S2573 Page S2553 National Adopt A Library Day: Senate agreed to S. Res. 496, designating April 23, 2010, as ‘‘Na- House Messages: tional Adopt A Library Day’’. Page S2573 Caregivers and Veterans Omnibus Health Serv- National Shaken Baby Syndrome Awareness ices Act: Senate concurred in the amendment of the Week: Senate agreed to S. Res. 497, designating the House to S. 1963, to amend title 38, United States third week of April 2010 as ‘‘National Shaken Baby Code, to provide assistance to caregivers of veterans, to improve the provision of health care to veterans, Syndrome Awareness Week’’. Pages S2573–74 clearing the measure for the President. 40th Anniversary of Earth Day: Senate agreed to Pages S2566–73 H. Con. Res. 255, commemorating the 40th anniversary of Earth Day and honoring the founder of Appointments: Earth Day, the late Senator Gaylord Nelson of Wis- Commission on Key National Indicators: The consin, after agreeing to the following amendment Chair, on behalf of the Majority Leader, pursuant to proposed thereto: Pages S2596–S2600 Public Law 111–148, appointed the following indi- Casey (for Coburn) Amendment No. 3729, in the viduals to serve as members of the Commission on nature of a substitute. Page S2600 Key National Indicators: Dr. Ikram Kahn of Nevada (for a term of 3 years) and Dr. Dean Ornish of Cali- Supporting the Goals and Ideals of World Ma- fornia (for a term of 2 years). Page S2574 laria Day: Senate agreed to S. Res. 499, supporting the goals and ideals of World Malaria Day, and re- Impeachment of Judge G. Thomas Porteous, Jr.: affirming United States leadership and support for The Chair submitted to the Senate for printing in efforts to combat malaria as a critical component of the Senate Journal and in the Congressional Record the President’s Global Health Initiative. the amended replication of the House of Representa- Pages S2600–01 tives to the Answer of Judge G. Thomas Porteous, Jr., to the articles of impeachment against Judge Measures Considered: Porteous, pursuant to S. Res. 457, 111th Congress, Restoring American Financial Stability Act—Clo- Second Session, which replication was received by ture: Senate began consideration of the motion to the Secretary of the Senate on April 22, 2010. proceed to consideration of S. 3217, to promote the Pages S2601–03 D421

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Nominations Confirmed: Senate confirmed the fol- Measures Referred: Page S2586 lowing nominations: Executive Communications: Pages S2586–87 By unanimous vote of 98 yeas (Vote No. EX. 123), Denny Chin, of New York, to be United Executive Reports of Committees: Page S2587 States Circuit Judge for the Second Circuit. Additional Cosponsors: Pages S2587–88 Pages S2539–44 Statements on Introduced Bills/Resolutions: William N. Nettles, of South Carolina, to be United States Attorney for the District of South Pages S2588–95 Carolina for the term of four years. Additional Statements: Pages S2583–85 David A. Capp, of Indiana, to be United States Amendments Submitted: Pages S2595–96 Attorney for the Northern District of Indiana for the term of four years. Authorities for Committees to Meet: Page S2596 Anne M. Tompkins, of North Carolina, to be Record Votes: One record vote was taken today. United States Attorney for the Western District of (Total—123) Page S2544 North Carolina for the term of four years. Adjournment: Senate convened at 9:33 a.m. and Noel Culver March, of Maine, to be United States adjourned at 6:45 p.m., until 2 p.m. on Monday, Marshal for the District of Maine for the term of April 26, 2010. (For Senate’s program, see the re- four years. marks of the Acting Majority Leader in today’s George White, of Mississippi, to be United States Record on page S2603.) Marshal for the Southern District of Mississippi for the term of four years. Loretta E. Lynch, of New York, to be United Committee Meetings States Attorney for the Eastern District of New York for the term of four years. (Committees not listed did not meet) Brian Todd Underwood, of Idaho, to be United States Marshal for the District of Idaho for the term APPROPRIATIONS: DEPARTMENT OF of four years. Kelly McDade Nesbit, of North Carolina, to be ARMY AND DEPARTMENT OF AIR FORCE United States Marshal for the Western District of Committee on Appropriations: Subcommittee on Mili- North Carolina for the term of four years. tary Construction and Veterans Affairs, and Related Peter Christopher Munoz, of Michigan, to be Agencies concluded a hearing to examine proposed United States Marshal for the Western District of budget estimates for fiscal year 2011 for the Depart- Michigan for the term of four years. ment of Army and the Department of Air Force, Wifredo A. Ferrer, of Florida, to be United States after receiving testimony from Louis Jerome Hansen, Attorney for the Southern District of Florida for the Deputy Assistant Secretary for Strategic Infrastruc- term of four years. ture, and Senior Official Performing Duties of As- 4 Coast Guard nominations in the rank of admi- sistant Secretary for Installations and Environment, ral. Joseph F. Calcara, Deputy Assistant Secretary for In- Routine lists in the Coast Guard, Foreign Service, stallations and Housing, Brigadier General James C. and National Oceanic and Atmospheric Administra- Boozer, Director, Operations Directorate, Office of tion. Pages S2544–45, S2574, S2603–04 the Assistant Chief of Staff for Installation Manage- Nominations Received: Senate received the fol- ment, Major General Raymond W. Carpenter, Act- lowing nominations: ing Director of the Army National Guard, James Jonathan Woodson, of Massachusetts, to be an As- Snyder, Assistant Chief, Army Reserve, all of the sistant Secretary of Defense. Department of Army, Terry A. Yonkers, Assistant Rose M. Likins, of Virginia, to be Ambassador to Secretary for Installations, Environment and Logis- the Republic of Peru. tics, Kathleen I. Ferguson, Deputy Assistant Sec- Luis E. Arreaga-Rodas, of Virginia, to be Ambas- retary for Installations, Major General Patrick J. sador to the Republic of Iceland. Page S2603 Moisio, Deputy Director, Air National Guard, and Nomination Withdrawn: Senate received notifica- Major General David L. Commons, Mobilization As- tion of withdrawal of the following nomination: sistant to the Chief of the Air Force Reserve, all of Timothy McGee, of Louisiana, to be an Assistant the Department of the Air Force, all of the Depart- Secretary of Commerce, which was sent to the Senate ment of Defense. on December 21, 2009. Page S2604 Messages from the House: Pages S2585–86

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APPROPRIATIONS: NATIONAL Landing, California, on behalf of the National Acad- AERONAUTICS AND SPACE emies Committee on Development of an Integrated ADMINISTRATION Science Strategy for Ocean Acidification Monitoring, Committee on Appropriations: Subcommittee on Com- Research, and Impacts Assessment; Thomas Ingram, merce, Justice, Science, and Related Agencies con- Diving Equipment and Marketing Association, San cluded a hearing to examine proposed budget esti- Diego, California; John T. Everett, Ocean Associates, mates for fiscal year 2011 for the National Aero- Inc., Arlington, Virginia; Sigourney Weaver, New nautics and Space Administration, after receiving York, New York; and Donald A. Waters, Pensacola, testimony from Senator Hatch; and Charles F. Bold- Florida. en, Jr., Administrator, and John Frost, Council Member, Aerospace Safety Advisory Panel, both of DEBT SETTLEMENT INDUSTRY the National Aeronautics and Space Administration. Committee on Commerce, Science, and Transportation: NUCLEAR POSTURE REVIEW Committee concluded a hearing to examine the debt Committee on Armed Services: Committee concluded a settlement industry, focusing on the consumer’s ex- hearing to examine the Nuclear Posture Review, perience, and how fraudulent, abusive, and deceptive after receiving testimony from James N. Miller, practices pose risk to consumers, after receiving testi- Principal Deputy Under Secretary for Policy, and mony from Gregory D. Kutz, Managing Director, General Kevin P. Chilton, Commander, United Forensic Audits and Special Investigations, Govern- States Strategic Command, both of the Department ment Accountability Office; Julie Brill, Commis- of Defense; Ellen O. Tauscher, Under Secretary of sioner, Federal Trade Commission; Philip A. Leh- State for Arms Control and International Security; man, North Carolina Department of Justice, Ra- and Thomas P. D’Agostino, Under Secretary of En- leigh; John Ansbach, United States Organizations of ergy for Nuclear Security and Administrator, Na- Bankruptcy Alternatives (USOBA), Houston, Texas; tional Nuclear Security Administration. and Holly A. Haas, Concord, New Hampshire. CHINA’S EXCHANGE RATE POLICY GLOBAL FOOD SECURITY Committee on Banking, Housing, and Urban Affairs: Subcommittee on Economic Policy concluded a hear- Committee on Foreign Relations: Committee concluded ing to examine China’s exchange rate policy and a hearing to examine promoting global food security, trade imbalances, after receiving testimony from Sen- focusing on the next steps for Congress and the Ad- ator Graham; Clyde Prestowitz, Economic Strategy ministration, after receiving testimony from Jacob Institute, Nicholas Lardy, Peterson Institute for Lew, Deputy Secretary of State for Management and International Economics, Daniel J. Ikenson, Cato In- Resources; Rajiv Shah, Administrator, United States stitute, and Derek Scissors, The Heritage Founda- Agency for International Development (USAID); and tion, all of Washington, D.C.; Charles H. Blum, Fair Dan Glickman, Washington, DC, and Catherine Currency Coalition, Chevy Chase, Maryland; Mark Bertini, Cortland, New York, both of the Chicago A. Suwyn, NewPage Corporation, Miamisburg, Council on Global Affairs. Ohio; and Jack W. Shilling, Murrysville, Pennsyl- vania. FEDERAL GOVERNMENT TRANSITIONS 2011: BUDGET Committee on Homeland Security and Governmental Af- fairs: Subcommittee on Oversight of Government Committee on the Budget: Committee ordered favorably Management, the Federal Workforce, and the Dis- reported a concurrent resolution setting forth the congressional budget for the United States Govern- trict of Columbia concluded a hearing to examine ment for fiscal year 2011, revising the appropriate challenges and lessons learned in transitioning the budgetary levels for fiscal year 2010, and setting Federal government including S. 3196, to amend the forth the appropriate budgetary levels for fiscal years Presidential Transition Act of 1963 to provide that 2012 through 2015. certain transition services shall be available to eligible candidates before the general election, after re- IMPACTS OF OCEAN ACIDIFICATION ceiving testimony from Gail Lovelace, Chief People Committee on Commerce, Science, and Transportation: Sub- Officer, General Services Administration; Clay John- committee on Oceans, Atmosphere, Fisheries, and son, former Deputy Director for Management, Office Coast Guard concluded a hearing to examine the en- of Management and Budget; and John D. Podesta, vironmental and economic impacts of ocean acidifica- Center for American Progress Action Fund, and Max tion, after receiving testimony from James P. Barry, Stier, Partnership for Public Service, both of Wash- Monterey Bay Aquarium Research Institute, Moss ington, DC.

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FUTURE OF THE UNITED STATES POSTAL to be United States Attorney for the Eastern District SERVICE of Kentucky, David J. Hale, to be United States At- Committee on Homeland Security and Governmental Af- torney for the Western District of Kentucky, Ken- fairs: Subcommittee on Federal Financial Manage- neth J. Gonzales, to be United States Attorney for ment, Government Information, Federal Services, the District of New Mexico, and Alicia Anne and International Security concluded a hearing to ex- Garrido Limtiaco, to be United States Attorney for amine the future of the United States Postal Service, the District of Guam and concurrently United States focusing on action needed to facilitate financial via- Attorney for the District of the Northern Mariana bility, after receiving testimony from Phillip Herr, Islands, all of the Department of Justice. Director, Physical Infrastructure Issues, Government Accountability Office; John E. Potter, Postmaster NOMINATIONS General and Chief Executive Officer, and David C. Committee on the Judiciary: Committee concluded a Williams, Inspector General, both of the United hearing to examine the nominations of Raymond Jo- States Postal Service; and Ruth Y. Goldway, Chair- seph Lohier, Jr., of New York, to be United States man, Postal Regulatory Commission. Circuit Judge for the Second Circuit, and Leonard ELEMENTARY AND SECONDARY Philip Stark, to be United States District Judge for EDUCATION ACT the District of Delaware, who was introduced by Senator Carper, after the nominees testified and an- Committee on Health, Education, Labor, and Pensions: swered questions in their own behalf. Committee continued hearings to examine Elemen- tary and Secondary Education Act (ESEA) reauthorization, focusing on meeting the needs of the whole HISTORY OF THE FILIBUSTER student, after receiving testimony from Geoff Can- Committee on Rules and Administration: Committee ada, Harlem Children’s Zone, New York, New York; concluded a hearing to examine the filibuster, focus- Karen Pittman, Forum for Youth Investment, Lynsey ing on the history of the filibuster 1789–2008, after Wood Jefferies, Higher Achievement, and Anne receiving testimony from Robert Dove, Parliamen- Henderson, Annenberg Institute for School Reform, tarian Emeritus, United States Senate; Stanley Bach, all of Washington, DC; Eric Schwartz, Citizen former Senior Specialist in the Legislative Process, Schools, Boston, Massachusetts; George Sugai, Posi- Congressional Research Service, Library of Congress; tive Behavior Interventions and Supports, Storrs, Sarah Binder, George Washington University, Wash- Connecticut; Jamie Greene, Rhode Island School Li- ington, DC; and Gregory J. Wawro, Columbia Uni- brary Association, Warren; Clare Struck, Price Lab versity, New York, New York. School, Cedar Falls, Iowa; Nikki Rittling, Wonder- ful Willards Elementary School, Willards, Maryland; INTELLIGENCE and Dan Cardinali, Communities in Schools, Arling- Select Committee on Intelligence: Committee held ton, Virginia. closed hearings on intelligence matters, receiving tes- INDIAN ENERGY PROMOTION AND timony from officials of the intelligence community. PARITY ACT Committee recessed subject to the call. Committee on Indian Affairs: Committee concluded a HEALTH CARE TECHNOLOGY hearing to examine the discussion draft of the ‘‘In- dian Energy Promotion and Parity Act of 2010’’, Special Committee on Aging: Committee concluded a after receiving testimony from Joe Garcia, National hearing to examine the National Broadband Plan Congress of American Indians, Washington, DC; and health care technology, after receiving testimony Matthew J. Box, Southern Ute Indian Tribe, Ignacio, from Mohit Kaushal, Health Care Director, Federal Colorado; Michael Marchand, Economic Develop- Communications Commission; Farzad Mostashari, ment Committee, Portland Oregon; Ralph Andersen, Senior Advisor, Office of the National Coordinator Bristol Bay Native Association, Dillingham, Alaska; for Health IT, Department of Health and Human and Peter Stricker, Clipper Windpower Development Services; Eric Dishman, Intel Digital Health Group, Company Inc., Carpinteria, California. Washington, DC; Robin A. Felder, University of Virginia School of Medicine, Charlottesville, Vir- BUSINESS MEETING ginia; and Richard Kuebler, University of Tennessee Committee on the Judiciary: Committee ordered favor- Health Science Center Telehealth Department, Mem- ably reported the nominations of Kerry B. Harvey, phis.

VerDate Nov 24 2008 05:16 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AP0.REC D22APPT1 jbell on DSKDVH8Z91PROD with DIGEST April 22, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D425 House of Representatives lowing measure which was debated on Wednesday, Chamber Action April 21st: Public Bills and Resolutions Introduced: 29 pub- Expressing support for Mathematics Awareness lic bills, H.R. 5107–5135; and 12 resolutions, H. Month: H. Res. 1270, to express support for Mathe- Res. 1287–1298, were introduced. Pages H2841–43 matics Awareness Month, by a 2⁄3 yea-and-nay vote Additional Cosponsors: Pages H2844–45 of 407 yeas to 2 nays, Roll No. 220. Pages H2817–18 Reports Filed: There were no reports filed today. Meeting Hour: Agreed that when the House ad- Speaker: Read a letter from the Speaker wherein she journs today, it adjourn to meet at 12:30 p.m. on appointed Representative Pastor to act as Speaker Monday, April 26th for morning hour debate. pro tempore for today. Page H2803 Page H2822 Comprehensive Iran Sanctions, Accountability, Senate Messages: Messages received from the Senate and Divestment Act—Motion to go to Con- today appear on pages H2803 and H2827. ference: The House agreed to the Berman motion to Senate Referrals: S. 3244 was referred to the Com- disagree to the Senate amendment and agree to a mittees on House Administration and Oversight and conference on H.R. 2194, to amend the Iran Sanc- Government Reform. Page H2840 tions Act of 1996 to enhance United States diplo- Quorum Calls—Votes: Four yea-and-nay votes de- matic efforts with respect to Iran by expanding eco- veloped during the proceedings of today and appear nomic sanctions against Iran. Pages H2806–15 on pages H2815–16, H2816, H2817, and Agreed to the Ros-Lehtinen motion to instruct H2817–18. There were no quorum calls. conferees on the bill by a yea-and-nay vote of 403 yeas to 11 nays with 3 voting ‘‘present’’, Roll No. Adjournment: The House met at 10 a.m. and ad- 219. Page H2817 journed at 4:08 p.m. Later, the Chair appointed the following conferees: From the Committee on Foreign Affairs, for consideration of the House bill and the Senate amendment, Committee Meetings and modifications committed to conference: Rep- resentatives Berman, Ackerman, Sherman, Crowley, MOVIE FUTURES TRADING EXCHANGES Scott (GA), Costa, Klein (FL), Ros-Lehtinen, Burton Committee on Agriculture: Subcommittee on General (IN), Royce, and Pence. Page H2818 Farm Commodities and Risk Management held a From the Committee on Financial Services, for hearing to review proposals to establish exchanges consideration of secs. 3 and 4 of the House bill, and trading ‘‘movie futures.’’ Testimony was heard from secs. 101–103, 106, 203, and 401 of the Senate Dan Berkovitz, General Counsel, CFTC; and public amendment, and modifications committed to con- witnesses. ference: Representatives Frank (MA), Meeks (NY), and Garrett (NJ). Page H2818 AGRICULTURE, RURAL DEVELOPMENT, From the Committee on Ways and Means, for FDA, AND RELATED AGENCIES consideration of secs. 3 and 4 of the House bill, and APPROPRIATIONS secs. 101–103 and 401 of the Senate amendment, Committee on Appropriations: Subcommittee on Agri- and modifications committed to conference: Rep- culture, Rural Development, Food and Drug Admin- resentatives Levin, Tanner, and Camp. Page H2818 istration, and Related Agencies held a hearing on Privileged Resolution—Motion to Refer: The USDA, Office of Inspector General Oversight. Testi- House agreed to refer H. Res. 1287, raising a ques- mony was heard from Phyllis K. Fong, Inspector tion of the privileges of the House, to the Com- General, USDA. mittee on Standards of Official Conduct by a yea- and-nay vote of 402 yeas with none voting ‘‘nay’’ COMMERCE, JUSTICE, SCIENCE, AND and 17 voting ‘‘present’’, Roll No. 218. Earlier, the RELATED AGENCIES APPROPRIATIONS previous question was not ordered on H. Res. 1287 Committee on Appropriations: Subcommittee on Com- by a yea-and-nay vote of 187 yeas to 218 nays with merce, Justice, Science, and Related Agencies held a 16 voting ‘‘present’’, Roll No. 217. Pages H2815–17 hearing on Office Justice Programs (OJP) FY 2011 Suspension—Proceedings Resumed: The House Budget. Testimony was heard from Laurie Robinson, agreed to suspend the rules and agree to the fol- Assistant Attorney General, Department of Justice.

VerDate Nov 24 2008 05:16 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AP0.REC D22APPT1 jbell on DSKDVH8Z91PROD with DIGEST D426 CONGRESSIONAL RECORD — DAILY DIGEST April 22, 2010 DEFENSE APPROPRIATIONS MISCELLANEOUS MEASURES Committee on Appropriations: Subcommittee on Defense Committee on Financial Services: Ordered reported, as held a hearing on Defense Health Program/Wounded amended, the following bills: H.R. 2336, GREEN Warrior. Testimony was heard from the following Act of 2009; and H.R. 5017, Rural Housing Preser- officials of the Department of Defense: Charles L. vation and Stabilization Act of 2010. Rice, M.D., President, Uniformed Services Univer- The Committee also began markup of H.R. 5072, sity of the Health Sciences, Performing the Duties of FHA Reform Act of 2010. Will continue April 27. the Assistant Secretary, Health Affairs; LTG Eric UNEXPLODED ORDNANCES IN LAOS Schoomaker, USA, Surgeon General and Com- mander, U.S. Medical Command; VADM Adam M. Committee on Foreign Affairs: Subcommittee on Asia, Robinson, Jr., USN, Surgeon General of the Navy; the Pacific and the Global Environment held a hear- and LTG Charles B. Green, M.D., USAF, Surgeon ing on the Legacies of War: Unexploded Ordnances General of the Air Force. in Laos. Testimony was heard from Scot Marciel, Deputy Assistant Secretary and Ambassador for FINANCIAL SERVICES AND GENERAL ASEAN Affairs, Bureau of East Asian and Pacific Af- GOVERNMENT APPROPRIATIONS fairs, Department of State; and public witnesses. Committee on Appropriations: Subcommittee on Finan- PRIVATE STUDENT LOAN BANKRUPTCY cial Services and General Government held a hearing FAIRNESS ACT OF 2010 on Financial Crisis and TARP. Testimony was heard Committee on the Judiciary: Subcommittee on Com- from Herbert Allison, Assistant Secretary of the mercial and Administrative Law held a hearing on Treasury, Financial Stability; and Neil Barofsky, Spe- H.R. 5043, Private Student Loan Bankruptcy Fair- cial Inspector General, Troubled Asset Relief Pro- ness Act of 2010. Testimony was heard from public gram. witnesses. AMERICANS WITH DISABILITIES ACT ARMY/AIR FORCE NATIONAL GUARD- RESERVE EQUIPMENT POSTURE Committee on the Judiciary: Subcommittee on the Con- stitution, Civil Rights, and Civil Liberties held an Committee on Armed Services: Subcommittee on Air and oversight hearing on Achieving the Promise of the Land Forces held a hearing on Army and Air Force Americans with Disabilities Act in the Digital Age- National Guard and Reserve component equipment Current Issues, Challenges, and Opportunities. Testi- posture. Testimony was heard from the following of- mony was heard from Samuel Bagenstos, Principal ficials of the Department of Defense: LTG Harry M. Deputy Assistant Attorney General, Department of Wyatt III, USAF, Director, Air National Guard; Justice; and public witnesses. MG Raymond W. Carpenter, USA, Acting Director, Army National Guard; LTG Jack C. Stultz, USA, OVERFISHING/CATCH SHARES Chief, U.S. Army Reserve; and LTG Charles E. Committee on Natural Resources: Subcommittee on In- Stenner, Jr., USAF, Chief, U.S. Air Force Reserve. sular Affairs, Oceans and Wildlife held an oversight hearing on A Community Perspective on Catch WORK-LIFE BALANCE AWARD ACT Shares. Testimony was heard from public witnesses. Committee on Education and Labor: Subcommittee on CABIN FEE ACT OF 2010 Workforce Protections held a hearing on H.R. 4855, Work-Life Balance Award Act. Testimony was heard Committee on Natural Resources: Subcommittee on Na- from public witnesses. tional Parks, Forests, and Public Lands held a hearing on H.R. 4888, Cabin Fee Act of 2010. Testi- ENVIRONMENT AND HUMAN HEALTH mony was heard from Joel Holtrop, Deputy Chief, National Forest System, U.S. Forest Service, USDA; Committee on Energy and Commerce: Subcommittee on and public witnesses. Health held a hearing entitled ‘‘The Environment and Human Health: the Role of HHS.’’ Testimony CRISIS IN KYRGYZSTAN/AFGHAN SUPPLY was heard from the following officials of the Depart- CHAIN ment of Health and Human Services: Linda Committee on Oversight and Government Reform: Sub- Birnbaum, Director, National Institute of Environ- committee on National Security and Foreign Affairs mental Health Sciences, and the National Toxicology held a hearing entitled ‘‘Crisis in Kyrgyzstan: Fuel, Program; and Henry Falk, M.D., Acting Director, Contractors, and Revolution along the Afghan Sup- National Center for Environmental Health, and the ply Chain.’’ Testimony was heard from public wit- Agency for Toxic Substances and Disease Registry. nesses.

VerDate Nov 24 2008 05:16 Apr 23, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AP0.REC D22APPT1 jbell on DSKDVH8Z91PROD with DIGEST April 22, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D427 HELIUM-3 SUPPLY CRISIS COMMITTEE MEETINGS FOR FRIDAY, Committee on Science and Technology: Subcommittee on APRIL 23, 2010 Investigations and Oversight held a hearing on (Committee meetings are open unless otherwise indicated) Caught by Surprise: Causes and Consequences of the Senate Helium-3 Supply Crisis. Testimony was heard from William Hagan, Acting Director, Domestic Nuclear Committee on Homeland Security and Governmental Affairs: Detection Office, Department of Homeland Security; Permanent Subcommittee on Investigations, to resume hearings to examine Wall Street and the financial crisis, William Brinkman, Director, Office of Science, De- focusing on the role of credit rating agencies, 9:30 a.m., partment of Energy; and public witnesses. SD–G50. HAZARDOUS MATERIALS MANAGEMENT House Committee on Transportation and Infrastructure: Held a No committee meetings are scheduled. hearing on the Department of Transportation’s Over- f sight and Management of Hazardous Materials Spe- cial Permits and Approvals. Testimony was heard CONGRESSIONAL PROGRAM AHEAD from the following officials of the Department of Week of April 26 through May 1, 2010 Transportation: Calvin L. Scovel III, Inspector Gen- eral; and Cynthia Quarterman, Administrator, Pipe- Senate Chamber line and Hazardous Materials Safety Administration; On Monday, at approximately 3 p.m., Senate will and a public witness. resume consideration of the motion to proceed to consideration of 3217, Restoring American Financial VA’S FIDUCIARY PROGRAM Stability Act, and after a period of debate, vote on Committee on Veterans’ Affairs: Subcommittee on Dis- the motion to invoke cloture on the motion to pro- ability Assistance and Memorial Affairs held a hear- ceed to consideration of the bill at 5 p.m. ing on Examining VA’s Fiduciary Program: How During the balance of the week, Senate may con- Can VA Better Protect Vulnerable Veterans and sider any cleared legislative and executive business. Their Families? Testimony was heard from the fol- Senate Committees lowing officials of the Department of Veterans Af- fairs: Belinda J. Finn, Assistant Inspector General, (Committee meetings are open unless otherwise indicated) Audits and Evaluations, Office of Inspector General; Committee on Appropriations: April 28, Subcommittee on and Bradley G. Mayes, Director, Compensation and Energy and Water Development, to hold hearings to examine a national assessment of energy policies, focusing Pension Service, Veterans Benefits Administration; on significant achievements since the 1970s and an exam- Daniel Bertoni, Director, Education, Workforce, and ination of U.S. energy policies and goals in the coming Income Security Issues, GAO; representatives of vet- decades, 10 a.m., SD–124. erans organizations; and a public witness. April 28, Subcommittee on Financial Services and General Government, to hold hearings to examine the TEMPORARY ASSISTANCE RECIPIENT President’s proposed budget estimates for fiscal year 2011 EDUCATION/TRAINING for the Commodity Futures Trading Commission and for Committee on Ways and Means: Subcommittee on In- the Securities and Exchange Commission, 2:30 p.m., come Security and Family Support held a hearing to SD–138. April 29, Subcommittee on Transportation, Housing examine the role of education and training in the and Urban Development, and Related Agencies, to hold Temporary Assistance for Needy Families (TANF) hearings to examine proposed budget estimates for fiscal program. Testimony was heard from Representative year 2011 for the Federal Railroad Administration and Moore of Wisconsin; and public witnesses. the National Railroad Passenger Corporation (Amtrak), 9:30 a.m., SD–138. BRIEFING—GUANTANAMO DETAINEE April 29, Subcommittee on Commerce, Justice, TASK FORCE Science, and Related Agencies, to hold hearings to exam- Permanent Select Committee on Intelligence: Met in execu- ine proposed budget estimates for fiscal year 2011 for the tive session to receive a briefing on Guantanamo De- Department of Justice, 10 a.m., SD–192. April 29, Subcommittee on Legislative Branch, to hold tainee Task Force. The Committee was briefed by hearings to examine proposed budget estimates for fiscal departmental witnesses. year 2011 for the Library of Congress and the Open World Leadership Center, 2:30 p.m., SD–138. April 29, Subcommittee on Financial Services and Joint Meetings General Government, to hold hearings to examine hold- No joint committee meetings were held. ing banks accountable, focusing on if treasury and banks

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are doing enough to help families save their homes, 2:30 cilities Act to authorize the Secretary of the Interior to p.m., SD–192. participate in the Central Texas Water Recycling and Committee on Armed Services: April 28, Subcommittee on Reuse Project, H.R. 1219, to make amendments to the Personnel, to hold hearings to examine military com- Reclamation Projects Authorization and Adjustment Act pensation and benefits, including special and incentive of 1992, H.R. 1393, to amend the Lower Rio Grande pays, in review of the Defense Authorization request for Valley Water Resources Conservation and Improvement fiscal year 2011 and the Future Years Defense Program, Act of 2000 to authorize additional projects and activities 10 a.m., SR–222. under that Act, and H.R. 2522, to raise the ceiling on April 29, Full Committee, to receive a closed briefing the Federal share of the cost of the Calleguas Municipal on United States policy towards Yemen and Somalia, Water District Recycling Project, 3 p.m., SD–366. 9:30 a.m., SVC–217. April 28, Subcommittee on Public Lands and Forests, Committee on Banking, Housing, and Urban Affairs: April to hold hearings to examine S. 1241, to amend Public 29, Subcommittee on Economic Policy, to hold hearings Law 106–206 to direct the Secretary of the Interior and to examine short-termism in financial markets, 10 a.m., the Secretary of Agriculture to require annual permits and SD–538. assess annual fees for commercial filming activities on Committee on Commerce, Science, and Transportation: April Federal land for film crews of 5 persons or fewer, S. 1571 27, Subcommittee on Competitiveness, Innovation, and and H.R. 1043, bills to provide for a land exchange in- Export Promotion, to hold hearings to examine pro- volving certain National Forest System lands in the moting our national parks as travel destinations, 10 a.m., Mendocino National Forest in the State of California, S. SR–253. 2762, to designate certain lands in San Miguel, Ouray, April 28, Subcommittee on Surface Transportation and and San Juan Counties, Colorado, as wilderness, S. 3075, Merchant Marine, to hold an oversight hearing to exam- to withdraw certain Federal land and interests in that ine motor carrier safety efforts, 10 a.m., SR–253. land from location, entry, and patent under the mining April 29, Subcommittee on Consumer Protection, laws and disposition under the mineral and geothermal Product Safety, and Insurance, to hold hearings to exam- leasing laws, S. 3185, to require the Secretary of the Inte- ine children’s privacy, focusing on new technologies and rior to convey certain Federal land to Elko County, Ne- the Children’s Online Privacy Protection Act, 10 a.m., vada, and to take land into trust for the Te-moak Tribe SR–253. of Western Shoshone Indians of Nevada, and H.R. 86, to Committee on Energy and Natural Resources: April 27, to eliminate an unused lighthouse reservation, provide man- hold hearings to examine the nominations of Philip D. agement consistency by incorporating the rocks and small Moeller, of Washington, and Cheryl A. LaFleur, of Massa- islands along the coast of Orange County, California, into chusetts, both to be a Member of the Federal Energy the California Coastal National Monument managed by Regulatory Commission, 10 a.m., SD–366. the Bureau of Land Management, and meet the original April 27, Subcommittee on Water and Power, to hold Congressional intent of preserving Orange County’s rocks hearings to examine S. 745 and H.R. 2265, bills to and small islands, 2:30 p.m., SD–366. amend the Reclamation Wastewater and Groundwater Committee on Environment and Public Works: April 27, Study and Facilities Act to authorize the Secretary of the Subcommittee on Water and Wildlife, to hold hearings Interior to participate in the Magna Water District water to examine collaborative solutions to wildlife and habitat reuse and groundwater recharge project, S. 1138 and management, 10 a.m., SD–406. H.R. 2442, bills to amend the Reclamation Wastewater Committee on Finance: April 29, Subcommittee on Inter- and Groundwater Study and Facilities Act to expand the national Trade, Customs, and Global Competitiveness, to Bay Area Regional Water Recycling Program, S. 1573 hold hearings to examine doubling United States exports, and H.R. 2741, bills to amend the Reclamation Waste- focusing on United States seaports, 1 p.m., SD–215. water and Groundwater Study and Facilities Act to au- Committee on Foreign Relations: April 27, business meet- thorize the Secretary of the Interior to participate in the ing to consider S. 2971, to authorize certain authorities City of Hermiston, Oregon, water recycling and reuse by the Department of State, S. 3087, to support revital- project, S. 3099, to reinstate and extend the deadline for ization and reform of the Organization of American commencement of construction of a hydroelectric project States, and the nominations of Mari Carmen Aponte, of involving the American Falls Reservoir, S. 3100, to rein- the District of Columbia, to be Ambassador to the Re- state and extend the deadline for commencement of con- public of El Salvador, Department of State, and Michael struction of a hydroelectric project involving the Little P. Meehan, of Virginia, and Dana M. Perino, of the Dis- Wood River Ranch, H.R. 325, to amend the Reclamation trict of Columbia, both to be a Member of the Broad- Wastewater and Groundwater Study and Facilities Act to casting Board of Governors, 2:15 p.m., S–116, Capitol. authorize the Secretary of the Interior to participate in April 29, Full Committee, to hold hearings to examine the Avra Black Wash Reclamation and Riparian Restora- historical and modern context for United States-Russian tion Project, H.R. 637, to authorize the Secretary, in co- arms control, 2:30 p.m., SD–419. operation with the City of San Juan Capistrano, Cali- Committee on Health, Education, Labor, and Pensions: April fornia, to participate in the design, planning, and con- 27, to hold hearings to examine putting safety first, fo- struction of an advanced water treatment plant facility cusing on strengthening enforcement and creating a cul- and recycled water system, H.R. 1120, to amend the ture of compliance at mines and other dangerous work- Reclamation Wastewater and Groundwater Study and Fa- places, 2 p.m., SD–430.

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April 28, Full Committee, business meeting to con- Ward, to be United States Marshal for the District of sider the nominations of Joshua Gotbaum, of the District North Dakota, both of the Department of Justice, 10 of Columbia, to be Director of the Pension Benefit Guar- a.m., SD–226. anty Corporation, and Eduardo M. Ochoa, of California, Committee on Small Business and Entrepreneurship: April to be Assistant Secretary of Education for Postsecondary 27, to hold hearings to examine Federal efforts to expand Education, 10 a.m., SD–430. small business internet access, 10 a.m., SR–428A. April 28, Full Committee, to resume hearings to exam- Select Committee on Intelligence: April 27, to receive a ine Elementary and Secondary Education Act (ESEA) re- closed briefing on certain intelligence matters from offi- authorization, focusing on standards and assessments, 2 cials of the intelligence community, 2:30 p.m., SH–219. p.m., SD–430. April 29, Full Committee, to hold closed hearings to April 29, Full Committee, to resume hearings to exam- consider certain intelligence matters, 2:30 p.m., SH–219. ine Elementary and Secondary Education Act (ESEA) reauthorization, focusing on meeting the needs of special House Committees populations, 10 a.m., SD–430. Committee on Appropriations, April 27, Subcommittee on Committee on Homeland Security and Governmental Affairs: Financial Services and General Government, on FY 2011 April 27, Permanent Subcommittee on Investigations, to Budget Request for the Election Assistance Commission, resume hearings to examine Wall Street and the financial 10 a.m., 2226 Rayburn. crisis, focusing on the role of investment banks, 10 a.m., April 28, Subcommittee on Financial Services, and SD–106. General Government, on FY 2011 Budget Request for April 28, Ad Hoc Subcommittee on Contracting Over- the GSA, 10:30 a.m., 2362–B Rayburn. sight, to hold an oversight hearing to examine contract April 28, Subcommittee on Labor, Health and Human management at the Centers for Medicare and Medicaid Services, Education and Related Agencies, on FY 2011 Services, 2:30 p.m., SD–342. Budget Overview: National Institutes of Health, 10 a.m., April 29, Subcommittee on Oversight of Government 2359 Rayburn. Management, the Federal Workforce, and the District of April 29, Subcommittee on Financial Services and Columbia, to hold hearings to examine developing Fed- General Government, on FY 2011 Budget Request for eral employees and supervisors, focusing on mentoring, the FCC, 10 a.m., 2359 Rayburn. internships, and training in the Federal government, 2:30 Committee on Armed Services, April 27, Subcommittee on p.m., SD–342. Oversight and Investigations, hearing on Simplifying De- Committee on Indian Affairs: April 29, to hold hearings fense Travel: Improving the Defense Travel System for to examine S. 2802, to settle land claims within the Fort the User, 2 p.m., 2118 Rayburn. Hall Reservation, S. 1264, to require the Secretary of the April 27, Subcommittee on Readiness, hearing on Fis- Interior to assess the irrigation infrastructure of the Pine cal Year 2011 Army Reserve, Army National Guard, and River Indian Irrigation Project in the State of Colorado Air National Guard Training and Operations, 10 a.m., and provide grants to, and enter into cooperative agree- 2118 Rayburn. ments with, the Southern Ute Indian Tribe to assess, re- April 27, Subcommittee on Terrorism, Unconventional pair, rehabilitate, or reconstruct existing infrastructure, Threats and Capabilities, hearing on Closing the Gap: and S. 439, to provide for and promote the economic de- Addressing Critical Rotary Wing Shortfalls for U.S. Spe- velopment of Indian tribes by furnishing the necessary cial Operations Forces in Fiscal Year 2011 and Beyond, capital, financial services, and technical assistance to In- 2:30 p.m., 210 HVC. dian-owned business enterprises, to stimulate the develop- April 28, Subcommittee on Air and Land Forces, hear- ment of the private sector of Indian tribal economies, ing on Air Mobility Programs, 2 p.m., 2118 Rayburn. 2:15 p.m., SD–628. April 29, full Committee, hearing on Security and Sta- Committee on the Judiciary: April 27, to hold an over- bility in Pakistan: Developments in U.S. Policy and sight hearing to examine the Department of Homeland Funding, 10 a.m., 2118 Rayburn. Security, 10 a.m., SD–226. Committee on Education and Labor, April 28, Sub- April 28, Full Committee, to hold hearings to examine committee on Workforce Protections, hearing on Whis- certain nominations, 2:30 p.m., SD–226. tleblower and Victim’s Rights Provision of H.R. 2067, April 29, Full Committee, business meeting to con- Protecting America’s Workers Act, 10 a.m., 2175 Ray- sider S. 1346, to penalize crimes against humanity and burn. for other purposes, S. 657, to provide for media coverage Committee on Energy and Commerce, April 28, Sub- of Federal court proceedings, S. 446, to permit the tele- committee on Commerce, Trade and Consumer Protec- vising of Supreme Court proceedings, S. Res. 339, to ex- tion, hearing entitled ‘‘Public Sales of Hurricane Katrina/ press the sense of the Senate in support of permitting the Rita FEMA Trailers: Are they Safe or Environmental televising of Supreme Court proceedings, S. 1684, to es- Time Bombs?’’ 10 a.m., 2322 Rayburn. tablish guidelines and incentives for States to establish April 28, Subcommittee on Energy and Environment, criminal arsonist and criminal bomber registries and to hearing on Clean Energy Policies That Reduce Our De- require the Attorney General to establish a national pendence on Oil, 9:30 a.m., 2123 Rayburn. criminal arsonist and criminal bomber registry program, April 28, Subcommittee on Health, hearing entitled and the nominations of David B. Fein, to be United ‘‘Antibiotic Resistance and the Threat to Public Health.,’’ States Attorney for the District of Connecticut, and Paul 2 p.m., 2123 Rayburn.

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April 29, Subcommittee on Commerce, Trade and of Criminal Convictions: Barriers to Reentry for the For- Consumer Protection, hearing on the Consumer Product merly Incarcerated, 11 a.m., 2237 Rayburn. Safety Enhancement Act, 10 a.m., 2322 Rayburn. Committee on Natural Resources, April 27, Subcommittee April 29, Subcommittee on Communications, Tech- on Insular Affairs, Oceans and Wildlife, oversight hearing nology and the Internet, hearing entitled ‘‘The National entitled ‘‘Marine Mammals in Captivity: What Con- Broadband Plan: Competitive Availability of Navigation stitutes Meaningful Public Education,’’ 10 a.m., 1324 Devices,’’ 10 a.m., 2123 Rayburn. Longworth. Committee on Financial Services, April 27, to continue April 27, Subcommittee on National Parks, Forests and markup of H.R. 5072, FHA Reform Act of 2010, and Public Lands, hearing on the following bills: H.R. 2986, to mark up the following bills: H.R.2555, Homeowners’ National Capital Region Land Conservation Act of 2009; Defense Act of 2009; H.R. 1264, Multiple Peril Insur- H.R. 3923, Sugar Loaf Protection District Land Exchange ance Act of 2009; H.R. 5114, Flood Insurance Reform Act of 2009; H.R. 3967, To amend the National Great Priorities Act of 2010; and H.R. 4790, Shareholder Pro- Black Americans Commemoration Act of 2004 to author- tection Act of 2010, 10 a.m., 2128 Rayburn. ize appropriations through fiscal year 2015; H.R. 3989, April 28, Subcommittee on Housing and Community Heart Mountain Relocation Center Study Act of 2009; Opportunity, hearing entitled ‘‘Legislative Proposals to H.R. 4514, Colonel Charles Young Home Study Act; Preserve Public Housing,’’ 10 a.m., 2128 Rayburn. H.R. 4686, Rota Cultural and Natural Resources Study April 28, Subcommittee on International Monetary Act; and H.R. 4773, Fort Pulaski National Monument Policy and Trade, hearing entitled ‘‘ Promoting Small Lease Authorization Act, 10 a.m., 1334 Longworth. and Micro Enterprise in Haiti,’’ 2 p.m., 2128 Rayburn. Committee on Oversight and Government Reform, April 28, April 28, Subcommittee on Oversight and Investiga- Subcommittee on Government Management, Organiza- tions, hearing entitled ‘‘ Reviewing FinCEN Oversight tion, and Procurement, to consider pending business, Reports,’’ 2 p.m., 2220 Rayburn. 10:30 a.m., 2247 Rayburn. April 29, Subcommittee on Capital Markets, Insurance, April 28, Subcommittee on National Security and For- and Government Sponsored Enterprises, hearing entitled eign Affairs, hearing entitled ‘‘The Rise of the Drones II: ‘‘Credit Default Swaps on Government Debt: Potential Examining the Legality of Unmanned Targeting,’’ 10 Implications of the Greek Debt Crisis,’’ 10 a.m., 2128 a.m., 2154 Rayburn. Rayburn. April 29, full Committee, hearing entitled ‘‘Running Committee on Foreign Affairs, April 27, Subcommittee on Out of Time: Telecommunications Transition Delays Europe, hearing on A Relic of the Cold War: Is it Time Wasting Millions of Federal Dollars,’’ 10 a.m., 2154 Ray- to Repeal Jackson-Vanik for Russia? 2 p.m., 2172 Ray- burn, burn. Committee on Science and Technology, April 28, to consider April 28, full Committee, to mark up the following measures: H.R. 4128, Conflict Minerals Trade Act; the the America COMPETES Reauthorization Act of 2010, International Megan’s Law of 2010; H.R. 4801, Global 10 a.m., 2318 Rayburn. Science Program for Security, Competitiveness, and Di- Committee on Small Business, April 28, hearing entitled plomacy Act of 2010; and the Office of High Representa- ‘‘Evaluating the Impact of Small Business Trade Policy on tive Protection Act of 2010, 10 a.m., 2172 Rayburn. Job Creation and Economic Growth,’’ 1 p.m., 2360 Ray- Committee on Homeland Security, April 29, Subcommittee burn. on Management, Investigations, and Oversight, hearing Committee on Transportation and Infrastructure, April 27, entitled ‘‘Laying the Framework for the Task Ahead: An Subcommittee on Coast Guard and Maritime Transpor- Examination of the Department of Homeland Security’s tation, hearing on Status of Coast Guard Civil Rights Quadrennial Homeland Security Review,’’ 10 a.m., 311 Programs and Diversity Initiatives, 10 a.m., 2167 Ray- Cannon. burn. Committee on House Administration, April 28, hearing on April 28, Subcommittee on Water Resources and Envi- Oversight of the Clerk, Sergeant at Arms, Chief Adminis- ronment, to continue hearings on Protecting and Restor- trative Officer and Inspector General of the House of ing America’s Great Waters, Part II: The Columbia River Representatives, 11 a.m., 1310 Longworth. and San Francisco Bay, 2 p.m., 2167 Rayburn. Committee on the Judiciary, April 27, Subcommittee on April 29, Subcommittee on Economic Development, Commercial and Administrative Law, hearing on H.R. Public Buildings, and Emergency Management, hearing 3764, Civil Access to Justice Act of 2009, 11 a.m., 2141 on Proposed Fiscal Year 2011 Budgets for Regional Eco- Rayburn. nomic Development Commissions, Priorities and Impacts April 28, full Committee, hearing on H.R. 2695, on Regional Economics and Employment, 2 p.m., 2167 Credit Card Fair Fee Act of 2009, 10 a.m., 2141 Ray- Rayburn. burn. Committee on Veterans’ Affairs, April 28, Subcommittee April 29, Subcommittee on the Constitution, Civil on Oversight and Investigations, hearing on Examining Rights, and Civil Liberties, hearing on Protecting the the Progress of Suicide Prevention Outreach Efforts at the American Dream Part II: Combating Predatory Lending Department of Veterans Affairs, 10 a.m., 334 Cannon. Under the Fair Housing Act, 1 p.m., 2141 Rayburn. April 29, Subcommittee on Economic Opportunity, April 29, Subcommittee on Crime, Terrorism, and hearing on Status of Veterans Small Businesses, 1 p.m., Homeland Security, hearing on Collateral Consequences 334 Cannon.

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April 29, Subcommittee on Health, to mark up the rity and Family Support, joint hearing on SSA’s large following measures: H.R. 1017, Chiropractic Care Avail- backlogs in disability claims, 2 p.m., 1100 Longworth. able to All Veterans Act; H.R. 2506, Veterans Hearing April 29, Subcommittee on Trade, hearing on U.S.- and Assessment Act; and draft legislation on Continuing Cuba Policy, 10 a.m., 1100 Longworth. Professional Education Reimbursement, followed by a Joint Meetings hearing on VA’s Implementation of the Enhanced Con- tract Care Pilot Program, 10 a.m., 334 Cannon. Joint Economic Committee: April 29, to hold hearings to Committee on Ways and Means, April 27, Subcommittee examine long-term unemployment, focusing on causes, on Social Security and the Subcommittee on Income Secu- consequences and solutions, 2 p.m., 210, Cannon Build- ing.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, April 26 12:30 p.m., Monday, April 26

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 3 p.m.), Senate will resume consideration of the motion to proceed to consideration of S. 3217, Restoring American Financial Stability Act, and after a period of debate, vote on the motion to invoke cloture on the motion to proceed to consideration of the bill at 5 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Garrett, Scott, N.J., E634 Moore, Dennis, Kans., E629, E632 Gerlach, Jim, Pa., E624 Moran, James P., Va., E627 Adler, John H., N.J., E637 Goodlatte, Bob, Va., E625 Murphy, Patrick J., Pa., E619 Andrews, Robert E., N.J., E618, E620 Granger, Kay, Tex., E617 Payne, Donald M., N.J., E637 Baca, Joe, Calif., E618 Graves, Sam, Mo., E624 Pelosi, Nancy, Calif., E617 Barrett, J. Gresham, S.C., E622 Green, Al, Tex., E633 Peters, Gary C., Mich., E623, E630 Bishop, Sanford D., Jr., Ga., E640 Green, Gene, Tex., E635 Price, Tom, Ga., E621, E622 Boozman, John, Ark., E639 Hinchey, Maurice D., N.Y., E620 Quigley, Mike, Ill., E619 Butterfield, G.K., N.C., E631, E635 Holden, Tim, Pa., E626, E632 Radanovich, George, Calif., E623, E625, E627 Calvert, Ken, Calif., E636 Johnson, Sam, Tex., E619, E622, E624, E627, E629, Rothman, Steven R., N.J., E629, E633, E638 Capps, Lois, Calif., E621 E634, E636, E638, E639, E641 Sablan, Gregorio Kilili Camacho, Northern Mariana Carnahan, Russ, Mo., E629 Kirk, Mark Steven, Ill., E626 Islands, E630 Cohen, Steve, Tenn., E625, E631, E640 Lipinski, Daniel, Ill., E625 Conyers, John, Jr., Mich., E637 McCarthy, Carolyn, N.Y., E632 Schiff, Adam B., Calif., E637 Costa, Jim, Calif., E636 McCollum, Betty, Minn., E632, E635 Schwartz, Allyson Y., Pa., E620 Davis, Susan A., Calif., E621 McDermott, Jim, Wash., E620 Sestak, Joe, Pa., E618 DeGette, Diana, Colo., E639 McMahon, Michael E., N.Y., E638 Skelton, Ike, Mo., E626 Dent, Charles W., Pa., E620 McNerney, Jerry, Calif., E618 Speier, Jackie, Calif., E630 Diaz-Balart, Lincoln, Fla., E622 Mack, Connie, Fla., E634 Wasserman Schultz, Debbie, Fla., E640 Dingell, John D., Mich., E619 Maloney, Carolyn B., N.Y., E631, E633 Waxman, Henry A., Calif., E623 Ehlers, Vernon J., Mich., E623 Matsui, Doris O., Calif., E635, E636 Wolf, Frank R., Va., E628 Farr, Sam, Calif., E617 Miller, George, Calif., E624 Woolsey, Lynn C., Calif., E639

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