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

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

Vol. 155 WASHINGTON, THURSDAY, MARCH 5, 2009 No. 39 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- impact that women have on our coun- called to order by the Speaker pro tem- nal stands approved. try. pore (Mr. PASTOR of Arizona). f Over the last century, we have made f considerable progress. However, our PLEDGE OF ALLEGIANCE work to ensure that women have equal DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the rights and protection from assault and PRO TEMPORE gentlewoman from California (Ms. LO- abuse are not over. Today, women con- The SPEAKER pro tempore laid be- RETTA SANCHEZ) come forward and lead tinue to bring home smaller paychecks fore the House the following commu- the House in the Pledge of Allegiance. than men do for doing the same job. nication from the Speaker: Ms. LORETTA SANCHEZ of Cali- However, I am proud that this Congress passed and President Obama recently WASHINGTON, DC, fornia led the Pledge of Allegiance as March 5, 2009. follows: signed the Lilly Ledbetter Fair Pay I hereby appoint the Honorable ED PASTOR I pledge allegiance to the Flag of the Act of 2009 to help end pay discrimina- to act as Speaker pro tempore on this day. United States of America, and to the Repub- tion against women. NANCY PELOSI, lic for which it stands, one nation under God, Currently, there are an estimated Speaker of the House of Representatives. indivisible, with liberty and justice for all. 198,000 women serving on active duty in our military, and still we are unable to f f provide them with a safe environment, PRAYER MESSAGE FROM THE SENATE free of sexual assault and violence. In The Chaplain, the Reverend Daniel P. A message from the Senate by Ms. addition, approximately 800,000 individ- Coughlin, offered the following prayer: Curtis, one of its clerks, announced uals are trafficked across international As people of faith, Lord God Eternal, that the Senate has passed a bill of the borders each year, and, sadly, 80 per- we believe that Your Spirit fills the following title in which the concur- cent of those are women and girls. whole world. Moved by this faith, we rence of the House is requested: While we recognize the progress we try to discern authentic signs of Your have made, we must not be compla- S. 520. An act to designate the United cent, but instead work together to tap presence and purpose in the events, the States courthouse under construction at 327 needs, and the longings which we share South Church Street, Rockford, Illinois, as into the potential of future generations with other people all the time. the ‘‘Stanley J. Roszkowski United States of women. Lord, thank You for faith, because Courthouse’’. f faith throws a new light on all things f LESS IS MORE and makes known the full ideal to (Mr. POE of Texas asked and was which You have called each Member of ANNOUNCEMENT BY THE SPEAKER given permission to address the House Congress and each citizen of this great PRO TEMPORE for 1 minute.) Nation. The SPEAKER pro tempore. The Mr. POE of Texas. Mr. Speaker, Guide minds into great collaboration Chair will entertain up to 10 requests under the new tax proposal, those that and move hearts toward true solutions for 1-minute speeches on each side of make over $250,000 are going to have a which transcend ideology and reach the the aisle. massive tax increase so the govern- fullest depths of human potential, f ment can redistribute that money to bringing us into a greater union with special groups. Those in this high tax others and with You. Then, as Your TAPPING INTO THE POTENTIAL OF FUTURE GENERATIONS OF WOMEN group already pay most of the taxes free children, we will conquer the prob- and create most of the new jobs in lems which confront us, and give You (Ms. LORETTA SANCHEZ of Cali- small busines. glory, now and forever. fornia asked and was given permission But we have got a problem. These Amen. to address the House for 1 minute.) same folks are considering cutting f Ms. LORETTA SANCHEZ of Cali- back their work productivity so they fornia. Mr. Speaker, in 1987 the United make less than $250,000. According to THE JOURNAL States Congress officially designated ABC News, some individuals who own The SPEAKER pro tempore. The March as Women’s History Month in an business also are going to downsize be- Chair has examined the Journal of the effort to not only increase public cause of the tax increase. last day’s proceedings and announces knowledge of women’s history, but also A lawyer in Louisiana says, ‘‘Why to the House his approval thereof. to raise the public consciousness of the kill yourself working if it is given

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

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VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.000 H05MRPT1 smartinez on PROD1PC64 with HOUSE H2984 CONGRESSIONAL RECORD — HOUSE March 5, 2009 away to people who aren’t working as in and day out and face dangers that the issues. They know you cannot hard?’’ can’t always be seen. Freddy is only spend your way to recovery. A dentist in Colorado said she is the 13th firefighter in the United f going to work fewer days, see fewer pa- States to die in the line of duty from GARDEN STREET LOFTS IN HOBO- tients and eliminate employees so she this virus. KEN, NEW JERSEY, HONORED BY can be underneath the tax increase. We honor Fred Pierno’s sacrifice to SUSTAINABLE BUILDING INDUS- She says, ‘‘If I am going to be working the people of Martin County. He will TRY COUNCIL just to give it back to the government, truly be missed. it is demoralizing.’’ f (Mr. SIRES asked and was given per- Mr. Speaker, this cannot be. What mission to address the House for 1 FIXING THE BROKEN HEALTH are we to do if all these small business minute.) CARE SYSTEM owners start following this downsizing Mr. SIRES. Mr. Speaker, last week, plan, lay off employees and don’t send (Mrs. CHRISTENSEN asked and was the Sustainable Building Industry more money to Washington? Don’t given permission to address the House Council honored the Garden Street they know they can’t do that? Don’t for 1 minute.) Lofts in Hoboken, New Jersey, at their they know that they need to pay more Mrs. CHRISTENSEN. Today, the Beyond Green High Performance Build- taxes to take care of the rest of us? President will convene a health sum- ings Awards. I am proud of the accom- Mr. Speaker, all citizens pay enough mit as he continues to engage experts, plishments of MAST Construction and income tax already. It is absurd to Members of Congress, health providers all those involved in the project. I am raise taxes on anybody during this re- and consumer advocates in what is one pleased that their important work has cession. of many discussions on how to best fix been recognized. And that’s just the way it is. our broken health care system and en- The Garden Street Lofts project, f sure access to quality health care for completed last November, successfully every American more efficiently and converted an 80-year-old warehouse WORKING TOWARDS COMPREHEN- effectively. into a ‘‘Leadership in Energy and Envi- SIVE IMMIGRATION REFORM We have already made a great down ronmental Design’’ silver-certified (Mr. BACA asked and was given per- payment with the expanded SCHIP, the building with 30 loft-style residences mission to address the House for 1 Medicaid and other provisions in the and over 7,000 square feet of retail minute.) American Recovery and Reinvestment space. The building also is located Mr. BACA. Mr. Speaker, President Act. We in this body continue to work within reach of multiple forms of pub- Obama has said ‘‘our patchwork herit- with our President through our omni- lic transportation, further increasing age is a strength, not a weakness.’’ Yet bus bill; and as we prepare to develop a its appeal and environmental benefits. there are those that are full of hate 2010 budget, we do so in a holistic way, I commend this sustainable project, and anti-immigration rhetoric that also addressing the social determinants and I thank the Sustainable Building cannot see the rich contributions im- of our health, which is critical in order Industry Council for including it in its migrants have made to this country. for us to meet our obligation to close Beyond Green Awards program. MAST Racial profiling in my district alone the gaps in health that cause pre- Construction continues to provide the is alarming and the controversy of en- mature preventive illness and death in 13th Congressional District of New Jer- forcement practices must be inves- the poor and people of color and those sey with exceptional facilities. It is my tigated. We will not stand for enforce- in our rural areas. hope that the Garden Street Lofts will ment-only approaches that create a We must remember that health care serve as a successful example for other mistrust of law enforcement amongst is a right. developers. the public. We need comprehensive im- f f migration reform that addresses the PUTTING COMPETITIVENESS AND real issues, respects families and in- ENDING NO-BID CONTRACTS IN GROWTH FIRST cludes enforcement and security of our THE FEDERAL PROCUREMENT Nation. (Mrs. BLACKBURN asked and was PROCESS Congress needs to be proactive on given permission to address the House (Mr. FLAKE asked and was given this issue, instead of reactive to the for 1 minute and to revise and extend permission to address the House for 1 negative few who preach enforcement- her remarks.) minute.) only failed approaches. Mrs. BLACKBURN. Mr. Speaker, you Mr. FLAKE. Mr. Speaker, President I urge my colleagues with the help of know, it is so interesting to go home Obama announced an initiative yester- the CHC to have President Obama and on the weekends and visit with all of day to fix the Federal procurement Speaker PELOSI work towards com- my constituents. This past weekend, process. He wants to make sure that prehensive immigration reform. some of them said, I feel like every- there are no more no-bid contracts. f thing that I am hearing from the lead- Now, this is a welcome move. But if ership in D.C. is focused on fear and the President really wants to get seri- HONORING THE LIFE AND SERVICE envy to push their agenda. ous about ending no-bid contracts, he OF FRED PIERNO, JR. The President’s budget is just big should veto the omnibus spending bill (Mr. ROONEY asked and was given government reinvented. Here it is, the we are just about to send him. It con- permission to address the House for 1 era of enormous big government. It ex- tains thousands of no-bid contracts for minute.) pands government spending past the private companies. If the President Mr. ROONEY. Mr. Speaker, I rise traditional no more than 20 percent of can’t see fit to veto the omnibus, he today to honor the life and service of GDP that we have always expected, should at a minimum commit to veto Martin County Fire Medic Fred Pierno, and it is going into the stratosphere. future legislation that contains no-bid Jr. Freddy is the only member of the Programs are piled on top of each other contracts. Martin County Fire Rescue to ever die to give us what is now a $3.55 trillion Again, a congressional earmark for a in the line of duty. He lived a life of budget that has come from this Demo- private company is nothing more than service to his community and country. crat administration. And the deficits? a no-bid contract. What is worse, many He was a Navy veteran during the Viet- $1 trillion as far as the eye can see. of these congressionally directed no- nam War and served for 20 years with And this is on top of the stimulus, the bid contracts go to companies whose Martin County Fire Rescue. His fellow omnibus, the ‘‘Housing-us’’ bills, that executives and their lobbyists turn firefighters enjoyed working by his side are just ripping through this Chamber around and make campaign contribu- and he always put others first. at speeds that would make my tions to those who secured the earmark It was in 2006 while trying to save the NASCAR drivers dizzy. or no-bid contract. life of a patient that he contracted hep- You know, some of my constituents This morning we will be voting on a atitis C. Firefighters and medics like suspect that the leadership in this privileged resolution to investigate Freddy put their lives on the line day House actually is choosing to confuse earmarks and campaign contributions

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.004 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H2985 related to the PMA Group, an organiza- elect representation in the workplace less effective treatments. And we can tion being investigated right now by be any different? find even more savings from stopping the Department of Justice. I urge my The Secret Ballot Protection Act Medicare and Medicaid fraud. colleagues to support this nonpartisan would guarantee the fundamental right We can make quality health care af- resolution. of privacy, a vital part of our Nation’s fordable and accessible. Let us work to- f founding principles. It would protect gether for true reform. Let’s fix it and American workers and American indus- make it better, not finance a broken HONORING SUSAN AXELROD AND try from the powerful special interests system. Reform is the best medicine. CURE here in Washington. It would promote f (Mr. PERLMUTTER asked and was jobs in America. HEALTH CARE REFORM given permission to address the House In conclusion, God bless our troops, for 1 minute.) and we will never forget September the (Mr. PALLONE asked and was given Mr. PERLMUTTER. Mr. Speaker, it 11th. permission to address the House for 1 minute.) is my honor today to rise to recognize f Mr. PALLONE. Mr. Speaker, I was two extraordinary people, Susan HAVE FAITH IN AMERICA’S pleased to see my colleague from Penn- Axelrod and her daughter Lauren, for FUTURE sylvania, Mr. MURPHY, who serves on their work on issues concerning epi- the Energy and Commerce Committee lepsy. One of the very first meetings I (Mr. YARMUTH asked and was given permission to address the House for 1 with me, to talk about the need for had in the Congress was with Susan health care reform and the health sum- Axelrod, who came to visit me because minute.) Mr. YARMUTH. Mr. Speaker, yester- mit that President Obama’s calling she knew that I have a daughter with today. It is a bipartisan summit. It is epilepsy. As parents of kids with chron- day, in this Chamber, Prime Minister Gordon Brown talked to us about hav- an effort to reach out to both parties ic illnesses, and many people have fam- to come up with solutions for health ily members who have chronic ill- ing faith in the future, and that, in fact, is what America’s always been care reform. nesses, it is a life-consuming endeavor And as Mr. MURPHY said, one of the about, having faith that the future will to try to find a cure. biggest concerns is cost containment. be better for all of us. But it’s impos- Susan founded the nonprofit organi- We know that there’s a lot of money in sible for the American people to have zation called CURE, Citizens United for the system that we think can be saved faith in the future, faith in their future Research in Epilepsy, to educate the and used to make health care available when the next illness or accident could public, encourage research and raise to more people. Basically, if you listen drive them into bankruptcy or, in fact, funds for epilepsy. Susan’s research to President Obama, he said we need to could end their lives because they have through CURE revealed a new drug expand coverage. We want to have uni- treatment which has stopped Lauren’s insufficient access to quality, afford- versal coverage. Everyone should have seizures for the last 9 years. able health care. health insurance. In the decade since its inception, This Congress and this administra- But one way of achieving that and CURE has raised millions of dollars tion is committed to changing that. We paying for it is to deal with the costs, and has made great strides in the sci- are committed to making sure that because we know that they’re out of entific community to develop research health care is a right that every Amer- hand. And increasingly, employers projects which one day may find a cure ican can exercise. And we have already can’t afford health insurance because for other people with epilepsy like my taken the first steps in this Congress, of the costs. Individuals that go out daughter Alexis. Susan also assisted by expanding SCHIP, by providing as- and try to buy health insurance in the me with a bill to help returning service sistance to the States to provide more individual market find it hard to afford men and women who have suffered Medicaid, and finally, by developing the cost. And also, we have existing brain injuries and now are having sei- the infrastructure, by investing in that government programs like Medicare, zures. I applaud her commitment to in- health care infrastructure that will Medicaid and SCHIP that it’s hard for creasing funding for epilepsy research, help make a system that can provide them to continue to function because and I honor her today. quality, accessible health care to ev- of the costs of those programs. I will submit for the CONGRESSIONAL eryone. That’s what restoring faith in We need reform now on a bipartisan RECORD an article about Susan and the future means to this Congress. basis. And this afternoon, when President Lauren’s commitment to curing epi- f lepsy published in Parade Magazine Obama convenes his first health care THE RIGHT TO KEEP AND BEAR dated February 15, 2009, entitled ‘‘I summit, we will begin to take the ARMS IS PART OF AMERICA’S Must Save My Child.’’ steps, as a Nation, to develop the kind of health care system we all can be HERITAGE f proud of and that will bring faith in (Mr. REHBERG asked and was given b 1015 the future to every American. permission to address the House for 1 PROTECT THE SECRET BALLOT f minute.) Mr. REHBERG. Mr. Speaker, from HEALTH CARE REFORM (Mr. WILSON of South Carolina hunting to protecting our families and asked and was given permission to ad- (Mr. TIM MURPHY of Pennsylvania property, the right to keep and bear dress the House for 1 minute and to re- asked and was given permission to ad- arms is a part of America’s heritage. vise and extend his remarks.) dress the House for 1 minute.) This weekend, as I traveled around Mr. WILSON of South Carolina. Mr. Mr. TIM MURPHY of Pennsylvania. Montana, I heard concern in my con- Speaker, I am grateful to be an origi- Mr. Speaker, today the White House stituents’ voices as we cussed and dis- nal cosponsor of the Secret Ballot Pro- convenes a forum on health care, and cussed House Resolution 45. This bill tection Act, a piece of commonsense we do need health care reform. We have criminalizes gun ownership as we know legislation introduced last week. This the best health care available in the it. It requires gun owners to register bill preserves the right of every worker world, but it’s just too expensive for with the Federal Government after to a secret ballot election when decid- too many. Why? completing a list of government cer- ing whether or not to join a union. A brand new report from the New tifications. Gun owners and the fire- We can all agree that intimidation England Health Care Institute stated arms they own would be tracked in a and coercion have no place in our that in our $2.3 trillion health care sys- government database, a database that working environment, and should not tem, a full 30 percent of total spending would make eventual collection of be a part of a worker’s decision to join could be eliminated without reducing guns by government agents an easy or not join a union. After all, Ameri- health care quality. This is a savings of task. This is the first step, but it’s one cans have the right to elect their rep- $800 billion; savings that comes from we must not take. resentatives here in Washington by se- improving the quality of care, savings Gun owners are not criminals. They cret ballot. Why should the decision to from eliminating misuse of drugs and are patriots.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.006 H05MRPT1 smartinez on PROD1PC64 with HOUSE H2986 CONGRESSIONAL RECORD — HOUSE March 5, 2009 I will oppose this measure and others Mr. SAM JOHNSON of Texas. Mr. vent them from partaking in voluntary like it as an affront to our liberty and Speaker, this administration’s new modifications. It also makes much- the Constitution. budget torpedoes core values we Ameri- needed changes to the HOPE for Home- f cans hold dear: hard work, fairness and owners Program in order to encourage the freedom to thrive. more lenders to participate and ensure PROCUREMENT PROCESS GONE Sadly, the new budget will raise that the program meets its intended AMOK taxes on anyone who works hard, plays objective. (Mr. DUNCAN asked and was given by the rules and pays taxes. It will The bill further makes permanent permission to address the House for 1 raise taxes on anyone who drives a car, the temporary increase in deposit in- minute and to revise and extend his returns on their lights or saves. It will surance coverage for both the FDIC De- marks.) raise taxes on people who donate to posit Insurance Fund and the National Mr. DUNCAN. Mr. Speaker, in to- charity or own a home. It will raise Credit Union Administration Share In- day’s Congressional Quarterly, it says taxes on anyone who plans, hopes or surance Fund, in order to both enhance the Presidential helicopter program is dreams of becoming successful. the liquidity and stability of our bank- now $6.5 billion over budget. This is That’s just wrong. We must not raise ing institutions, and help restore con- double the Pentagon’s original esti- taxes, but save America during this se- fidence in our financial system. mate. Even President Obama said this vere recession. The underlying legislation, Mr. was ‘‘an example of the procurement f Speaker, also makes several long over- process gone amok.’’ due changes to our bankruptcy code. PROVIDING FOR FURTHER CONSID- Now, some have understandably ques- It seems that the Pentagon cannot ERATION OF H.R. 1106, HELPING complete any major program without tioned these provisions which would FAMILIES SAVE THEIR HOMES allow bankruptcy judges the ability to huge cost overruns. Almost on every ACT OF 2009 Federal program we are given low-ball modify loans on a homeowner’s prin- estimates of the cost on the front end, Mr. HASTINGS of Florida. Mr. cipal residence if the homeowner meets and then costs just explode. This has Speaker, by direction of the Com- specified stringent criteria. It has been nothing to do with the current Presi- mittee on Rules, I call up House Reso- argued that allowing judicial modifica- dent, but no President needs 28 heli- lution 205 and ask for its immediate tions will lead to a sudden slew of copters. consideration. bankruptcy filings, will cause massive The current estimate is that these The Clerk read the resolution, as fol- losses to financial institutions, and helicopters will cost at least $13 bil- lows: will increase the cost of borrowing for lion. But the way the Pentagon is oper- H. RES. 205 other homeowners. However, this will ating these days, these helicopters will Resolved, That during further consideration simply not be the case. end up costing several billion more un- of the bill (H.R. 1106) to prevent mortgage Bankruptcy will remain, as it always less the number is cut way back to foreclosures and enhance mortgage credit has been, a last resort. And modifica- availability, pursuant to House Resolution tions will be at the individual discre- something a little less ridiculous. 190, amendment number 1 printed in House It makes you wonder, Mr. Speaker, if tion of a bankruptcy judge who will de- Report 111–21 shall be considered as perfected termine if a borrower has acted respon- there are any fiscal conservatives in by the modification printed in the report of the Defense Department. the Committee on Rules accompanying this sibly and if a claim has any merit. Most importantly, allowing judicial f resolution. The SPEAKER pro tempore. The gen- modifications will maximize, not less- THE HYPOCRISY OF THE CURRENT tleman from Florida is recognized for 1 en, the value of troubled mortgages for ADMINISTRATION hour. lenders, and will avoid the continuous decline in property values in neighbor- (Mr. SHIMKUS asked and was given Mr. HASTINGS of Florida. For the hoods with foreclosed properties. permission to address the House for 1 purpose of debate only, Mr. Speaker, I Additionally, this rule provides for a minute and to revise and extend his re- yield the customary 30 minutes to the revised manager’s amendment that will marks.) gentlelady, my friend from North Caro- make the bankruptcy provision and Mr. SHIMKUS. Mr. Speaker, I come lina, Dr. FOXX. All time yielded during this legislation even more effective and to the floor today to talk about the hy- consideration of the rule is for debate efficient. The revised manager’s pocrisy of this current administration. only. amendment will allow a court to con- First they say they want to cut the GENERAL LEAVE sider lowering the interest rate to re- deficit in half by their first term, but Mr. HASTINGS of Florida. I ask duce a homeowner’s mortgage pay- then they add, in 6 weeks, $1.5 trillion unanimous consent that all Members ments in lieu of reducing the mortgage to the national debt. have 5 legislative days within which to principal. They attack earmarks as being bad, revise and extend their remarks and to but they’re soon to sign an omnibus insert extraneous materials into the b 1030 bill that has 9,000 earmarks in it. RECORD. It also gives mortgage holders a And last but not least, a promised The SPEAKER pro tempore. Is there greater proportion of a home’s appre- tax cut to 95 percent of all Americans, objection to the request of the gen- ciation should the home be sold during while in their budget planning to raise tleman from Florida? the bankruptcy plan, and it makes $646 billion by a carbon tax. What does There was no objection. changes to the good faith requirement, that do? Mr. HASTINGS of Florida. Mr. further ensuring that judicial modi- This is Peabody Mine Number 10. The Speaker, I yield myself such time as I fications are only used when borrowers last clean air bill we passed, 1,000 mine may consume. have exhausted all other options. workers lost their job. A carbon tax Mr. Speaker, H. Res. 205 provides for The bankruptcy provisions in this kills the fossil fuel industry in this further consideration of H.R. 1106, the legislation with the changes proposed country, raises the cost of energy, will Helping Families Save Their Homes in the revised manager’s amendment destroy manufacturing. As the Detroit Act of 2009. As I’ve previously stated, will help thousands of American fami- News said in its editorial yesterday, the Helping Families Save Their lies stay in their homes. We must re- it’s a job destroyer for the State of Homes Act takes a crucial step toward member that bankruptcy is no walk in Michigan. Be aware of the carbon tax. reviving our housing market, stem- the park. It is a strict, demanding, and f ming the tide of home foreclosures, and intrusive process in which every aspect putting our Nation’s economy back on of one’s financial life is scrutinized and NO TAX HIKES track. controlled, and that says nothing of (Mr. SAM JOHNSON of Texas asked This bill provides for a safe harbor the negative stigma and of the long- and was given permission to address from liability to mortgage servicers lasting effects of filing for bankruptcy. the House for 1 minute and to revise who engage in loan modifications to re- In addition, to be eligible for such and extend his remarks.) move any impediments that may pre- loan modifications, families must show

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.009 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H2987 that they will be able to repay their work hard to achieve the American we have had during the past several debts and that they have tried to ob- dream. But that’s not what this bill weeks. tain a loan modification outside of does. What this bill does is it rewards Our good-faith negotiations have re- bankruptcy, but let’s not kid ourselves. bad behavior. It extends the welfare sulted in positive changes to this bill Under current law, similar loan modi- program in this country, and it’s going by increasing uniformity in the Chap- fications are available for every other to make home mortgages in the future ter 13 bankruptcy process and by mak- type of secured loan except for loans much, much more expensive. ing qualified loan modifications the securing primary residences. Why is that the case? centerpiece of our efforts to keep fami- If a millionaire or a billionaire can As my colleague has said, in the past, lies in their homes. modify a loan on a private jet and if a home mortgages have been left out of In addition to other changes making housing speculator can modify loans on the bankruptcy law because they then the bill stronger, the legislation will countless failed investment properties, become higher in risk. That has held ensure that a bankruptcy judge con- why can’t we allow struggling families down interest rates. By putting these siders whether a borrower has been of- to modify their mortgages so that home mortgages into the bankruptcy fered a qualifying loan modification be- they’re not put out on the streets? law, it is going to make the interest fore seeking a judicial modification. It’s easy to stand up here and claim rates higher in the future. Even Justice This is consistent with President that this bill is simply a bailout for Stevens said that taking the principal Obama’s plan. Additionally, changes reckless homeowners; but as our Na- home out of the bankruptcy law was to were made to ensure that judges use FHA appraisal guidelines in deter- tion creeps deeper into this financial encourage the flow of capital into the mining the fair market value of prop- crisis, it is painfully clear that our home lending market, but now we’re erty. This will streamline and simplify housing market is having a rippling ef- going to increase the risk to lenders, the valuation process. fect on the economy. Families who and this is going to drive up the cost of I am also pleased that we have in- have acted responsibly and who have interest rates. cluded language to prevent wealthy paid every single payment on time are As for the comments about million- people who can afford their loans from finding themselves, in one way or an- aires and billionaires, that’s a straw filing bankruptcy just to capitalize on other, swept up by the foreclosure cri- dog, just a straw dog, and we don’t falling real estate prices and to get a sis, oftentimes through no fault of need to be putting those things out. better deal when there are so many their own. This rule and the underlying bill are more who are truly in need. As foreclosures rise, surrounding opposed by both the Heritage Founda- This bill is not perfect, but the proc- home prices fall, funding for vital pub- tion and the New York Times. That ess has worked better than anyone ex- lic services goes down, financial insti- doesn’t happen very often, Mr. Speak- pected. Over the last couple of weeks, tutions are saddled with losses, access er. It very rarely happens that those we have worked together to make im- to credit shrinks, and our economy two entities oppose something, but provements that will ensure that bank- grinds to a halt. This legislation will they do. ruptcy is an option of last resort. put a stop to this deadly spiral. It will I want to say something about the Accessible and sustainable loan rebuild this economy from the bottom fact that we were here a week ago modifications are essential to getting up, for our Nation simply cannot re- today to deal with this rule, and we millions of families the tools they need cover if we here in Congress turn our thought we were going to be voting on to keep their homes. Along with Presi- backs on the millions of Americans the underlying bill, so it was pulled off dent Obama’s Making Home Affordable struggling to care for their families because it was going to be made better, Plan, this bill will provide these tools, and to stay in their homes. but you know, this is just the bait-and- and it will offer a comprehensive plan Mr. Speaker, this bill may not help switch game. I want to say to my col- to address our Nation’s foreclosure cri- every family. It will, however, help re- leagues that this underlying bill was sis. sponsible individuals stay in their not made better. This rule was not Ms. ZOE LOFGREN of California. To homes, and it will mitigate the de- made better as a result of this week my friend, I want to also thank you for structive impact of this housing crisis that has passed by. In fact, it may have the good-faith discussions and negotia- by clearing legal impediments to loan been made worse. tions we’ve had. I appreciate your sup- modifications, by improving the HOPE I challenge my colleagues who have port for this bill and your work toward for Homeowners Program, by ensuring hesitation about this bill and whether a sustainable loan modification pro- confidence in our banking system, and to vote for it to read the bill, to read gram. by finally making commonsense re- the rule. See if you think that this has The SPEAKER pro tempore. The forms to our bankruptcy laws. actually made it better. time of the gentlewoman has expired. Mr. HASTINGS of Florida. I yield the I reserve the balance of my time, Mr. Mr. Speaker, I reserve the balance of gentlewoman an additional 2 minutes. Speaker. my time. Ms. ZOE LOFGREN of California. I Ms. FOXX. Mr. Speaker, I have great Mr. HASTINGS of Florida. Mr. agree with you that loan modifications respect for my colleague, and I wish Speaker, I am very pleased at this time are a key component to a comprehen- that just his saying something would to yield 2 minutes to the gentlewoman sive plan. make it so. from California, a member of the Com- I thank my friend, Mrs. TAUSCHER, Unfortunately, my distinguished col- mittee on the Judiciary, Ms. ZOE for her thoughtful work on this matter. league who has a distinguished service LOFGREN. It has made this bill a better bill and not only in Congress but also as a Ms. ZOE LOFGREN of California. Mr. one that, I think, we can all be proud judge, you simply cannot say some- Speaker, I would like to yield to my of. I appreciate your effort. thing and make it so. This is not going colleague from California (Mrs. I would yield further. to stop the problem that we have in the TAUSCHER). Mrs. TAUSCHER. Thank you. I housing market. This is actually going Mrs. TAUSCHER. Mr. Speaker, I rise thank my good friend from California to make it worse. Let me make a cou- to engage in a colloquy with my distin- (Ms. ZOE LOFGREN) for her very inten- ple of comments about why that is the guished colleague from California (Ms. sive work to make this a better bill, case. ZOE LOFGREN) regarding the Helping and I appreciate the changes that have We have talked over and over about Families Save Their Homes Act of 2009. been made to this bill. the fact that this is going to drive up Ms. ZOE LOFGREN of California. I I urge my colleagues to support the the cost of loans in the future and am happy to engage in a colloquy. significant engagement process to get a about why it’s going to hurt people Mrs. TAUSCHER. Thank you. better bill by voting for the rule, and I who have played by the rules. Mr. Speaker, I would like to take will tell my colleagues that this is a You know, House Republicans sup- this opportunity to thank Ms. better bill, that this is something that port responsible homeowners who live LOFGREN, Chairman CONYERS, Speaker will help all Americans by making sure within their means, who make honest PELOSI, Majority Leader HOYER, and that the bankruptcy process through representations on their loan applica- Majority Whip CLYBURN for the col- Chapter 13 is available to those who tions, who pay their debts, and who laborative and constructive discussions need it, but at the same time, that it is

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.011 H05MRPT1 smartinez on PROD1PC64 with HOUSE H2988 CONGRESSIONAL RECORD — HOUSE March 5, 2009 the option of last resort. Most signifi- are within 30 days of a foreclosure sale only to be asked to help those who ei- cantly, it puts the President’s loan to file for bankruptcy. ther have made poor decisions or who modification plan as the centerpiece of Finally, this bill allows free money acted purely for personal gain by spec- opportunities to keep millions of to be offered. The amendment provides ulating on the market. Americans in their homes. I urge my an alternative to cram down a prin- Yet in this bill, part of Congress’ re- colleagues to vote for the bill. cipal, but astoundingly, the alternative sponse is to change the Nation’s bank- Ms. ZOE LOFGREN of California. is free money. If a judge doesn’t want ruptcy laws and to allow judges arbi- Thank you. to give a cramdown, he can just rewrite trarily to rewrite the amount of prin- I would just note further the partici- the mortgage as a no-interest loan over cipal on mortgages. This will open up a pation of others in Congress who the full terms of a new 30-year, fixed- Pandora’s box on government interven- worked to make this a better bill: our rate mortgage. Lenders can kiss their tion and will have the exact opposite colleague DENNIS CARDOZA, who is part principal goodbye because the amend- effect than what is needed during these of the second-degree Lofgren-Tauscher- ment seeks to resuscitate the earlier very tough economic times. Cardoza amendment, as well as Con- agreement to let lenders claw back and When I talked to our community gressman BRAD MILLER, Congressman cram down principal if the borrower banks and ask how they have been able JIM MARSHALL, and of course the chair- sells the house after a cramdown. to prevent foreclosures, they point to a man of the committee, Congressman combination of sound lending practices b 1045 JOHN CONYERS. Thanks to all who and access to credit. It is in the banks’ worked so hard on this. But the clawback is a sham. Once the best interests to work with borrowers Ms. FOXX. Mr. Speaker, I now yield borrower emerges from bankruptcy, to help them stay in the homes. And, 4 minutes to the gentleman from Wis- the lender gets nothing back from the in fact, they are doing that now. Allow- consin, my distinguished colleague, Mr. crammed-down principal, and since the ing bankruptcy judges to intervene SENSENBRENNER. point of the bill is to help the bor- would add additional risk to the mar- Mr. SENSENBRENNER. Mr. Speak- rowers stay in the house during bank- ket. It will help push that more mort- er, I rise in opposition to the rule and ruptcy, sales aren’t going to occur gages won’t be repaid and forcing lend- to the underlying bill. until after bankruptcy—when the lenders to tighten credit and raise bor- What we have just heard is that the ers’ clawback is worthless. rowing costs for all homeowners at the amendments that will modify the Con- The bankruptcy law since 1898 has worst possible time. yers manager’s amendment are going prohibited bankruptcy judges from re- I ask my colleagues to vote down this to solve the problems and concerns writing the terms of mortgages that rule so we can keep this Pandora’s box that were raised last week. This is not are placed on principal residences. closed and get back to work on truly the case, and the modification that There is a reason for that, and the rea- sensible practices that will help keep this rule makes in order still makes son is simple: it allows the mortgage the dream of homeownership within this modification of the bankruptcy industry to attract more capital to reach of middle-class families. law smoke and mirrors. The devil is lend out to qualified borrowers at rea- Mr. HASTINGS of Florida. Mr. really in the details, and let me point sonable rates. If the capital isn’t there, Speaker, I am very pleased to yield 2 out three instances where the details and the capital is not attracted, then minutes to Ms. LOFGREN. make this amendment a sham. what you will see is the cost of mort- Ms. ZOE LOFGREN of California. Mr. First of all, it gives a defaulting gages go up, whether it’s in interest Speaker, I just wanted to say a word homeowner two bites at the apple. Far rates, points, fees or whatever. about the manager’s amendment to from making bankruptcy a last resort, It seems to me that Congress did the make sure that everyone is clear. it allows it to guarantee abuse of the right thing during the depression in The second-degree amendment is system. If the homeowner obtains a not changing this law. We should not going to make sure that fairness is re- mortgage modification that is compli- change the law today. stored to the bankruptcy laws to give ant with the President’s terms, he still Mr. HASTINGS of Florida. Mr. needed relief to homeowners at a time can file for bankruptcy, but the lender Speaker, I would advise the Chair and when there is a truly historic crisis in is bound by the modifications under the gentlelady from North Carolina the housing market. the President’s program should it be that I may have an additional speaker, The manager’s amendment strength- enacted into law. So the borrower and but he or she has not arrived yet, and ens the good faith provisions of the bill the bankruptcy attorneys can shop toward that end, I would reserve my to ensure that borrowers who can’t af- around and can find out which is the time. ford to pay their debts do so. The good better deal for the homeowner. That’s Ms. FOXX. Mr. Speaker, I thank my faith provision also requires the court something that we deny the lender the colleague. We do have several speakers, to take into consideration an offer of a opportunity to do, and this is a guar- Mr. Speaker. qualified loan modification. And when antee of abuse of the system. I would now like to recognize my col- an affordable loan modification is Secondly, this amendment encour- league, the gentleman from New York, available, we want homeowners to take ages happy-go-lucky borrowers. Noth- Mr. CHRIS LEE, for 2 minutes. that route. ing happens to a borrower who rejects Mr. LEE of New York. I thank the The manager’s amendment also ad- the terms under the President’s mort- gentlelady from North Carolina for vises courts to consider the Treasury’s gage modification plan. The bank- yielding. guidelines in crafting modifications, ruptcy court can theoretically refuse I rise today to oppose the rule and and in doing so, it works seamlessly to confirm a borrower’s cramdown underlying ‘‘cramdown’’ bill, which with the Obama administration’s Mak- plan, but under the terms of the will allow bankruptcy judges to arbi- ing Homes Affordable Plan. In both in- amendment, that will likely happen trarily rewrite the amount of principal stances, fairness and affordability are only when the lender is offered a modi- owed on a home mortgage loan. the touchstones. fication anyhow. I recently received an e-mail from a It doesn’t make any kind of sense What about borrowers who are within constituent in Byron, New York, who that relief in Chapter 13 is denied to 30 days of a foreclosure sale? They said he lost $50,000 on a previous home homeowners while it is provided to don’t even have to contact their lend- he had recently sold. He’s a hard- speculators and investors, which is ers under this amendment about vol- working individual in my district who what the current law provides. By untary modifications, so none of this accepted that but ended his e-mail by changing the law, we’ve restored basic amendment’s modifications and accom- asking, ‘‘Are we now going to be ex- fairness to the system. modations apply. The new manager’s pected to pay for someone else’s losses In addition to the heightened good amendment does nothing to change when I’m struggling to keep paying my faith requirement, the amendment this exception that swallows the bill, own mortgage?’’ would extend the pre-filing notice from and as a result, cagey borrowers and I receive calls, faxes, e-mails like 15 to 30 days and require the debtor to their attorneys can game the system these every day from homeowners who submit financial documentation to the by simply waiting until the borrowers work hard trying to make ends meet lender so a meaningful negotiation

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.012 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H2989 could take place. It also enhances the It’s the judgment of the Judiciary working American trying to save their clawback provision to increase the Committee. The problem with it was home. Long message as to what has amount of appreciation returning to that it was stripped out after the com- been going on in this instance and the the lender if a home should be sold for mittee approved it and sent it to Rules insensitivity of the mortgager. profit after judicial modification. as part of a change in a manager’s So today is a day for being respon- I really, as I said earlier, want to amendment. sible. It is not a day for those who thank my colleagues, Mrs. TAUSCHER, I took my amendment back to Rules have, in essence, been irresponsible. It Mr. CARDOZA, Mr. MARSHALL, and Mr. to try to get back the process. The is a day to allow them, as every Amer- MILLER for their efforts. process ought to respect the will of the ican has a right, their day in court The SPEAKER pro tempore. The Judiciary Committee. The Rules re- with a judge with a fine-tooth comb time of the gentlewoman has expired. fused to even allow me to offer my who will review all of the documents Mr. HASTINGS of Florida. Mr. amendment here on the floor to try to and even including the responsibility of Speaker, I yield the gentlelady an addi- get another recorded vote even when that particular petitioner to include all tional 1 minute. I’d been successful in Judiciary Com- of the information on income, expenses Ms. ZOE LOFGREN of California. mittee. And now there’s another man- and debts to the holder of the mort- Bankruptcy should be a last resort. ager’s amendment before this com- gage, with the second amendment in- And I’ll tell you, bankruptcy is no pic- mittee that amends the amendment cluding a particular clawback provi- nic. For an extended period of time, all that was amended by the previous sion that increases the amount of of the debtor’s personal financial life is manager’s amendment after it passed money that the lender might get if the in public. You can’t spend anything the Judiciary Committee. The will of particular house was sold. without permission of the court. You the Judiciary Committee means noth- In addition, I am supporting this can’t tithe to your church unless the ing in this bill. It’s the will of the man- rule, but I do look forward to the con- bankruptcy judge says ‘‘okay.’’ Santa ager’s amendment that will be voted on ference, which I hope that I will be a can’t come to your house on Christmas here on the floor of this Congress. participant, because, in fact, if these unless the court permits expenditures I argue for the process. I argue we individuals are victims of predatory for a toy. It is a permanent mark on have to have a clean process. I also lending, which many of them have your record. think that we have to maintain the been—meaning that they would go to a And so to think that someone would covenant of the contract between the servicer who would masquerade their go into that proceeding frivolously mortgager and the mortgagee. This documents and say they can get into a with that kind of stain, that burden amendment doesn’t do that. This house—this particular action of bank- and that kind of a stigma, is just not amendment tears that contract asun- ruptcy should not be part of the credit realistic. And I hope the people under- der and says to lenders that their cap- score which then dumbs down the op- stand this is not something that people ital’s at risk and their interest rate is portunity for this individual to restore do in a frivolous way or an at risk. Why would anyone loan any- themselves, get back into the economic unthoughtful way. body money unless they could cal- market, be able to get credit, be able to Ms. FOXX. Mr. Speaker, I would like culate in the risk that some judge buy things and turn this economy. to ask that my colleagues on the other would change the rules after the fact, The SPEAKER pro tempore. The side of the aisle put the microphones just like the rules of the Judiciary time of the gentlewoman has expired. close to their mouths because there are Committee on a successful 21–3 vote Mr. HASTINGS of Florida. Mr. times we can’t understand the words have been changed after the fact? Speaker, I yield an additional minute over here because the volume is not Mr. Speaker, I oppose the rule. to the gentlewoman. coming through. Mr. HASTINGS of Florida. Mr. Ms. JACKSON-LEE of Texas. I thank I would like to say that I understand Speaker, I would say to my friend when the distinguished gentleman. my colleague is very concerned about he asked the question, why would any- This is a fair and reasonable bill, the issue of fairness, but I think that body offer money for people if they along with the manager’s amendment we need to think about those people knew that a bankruptcy judge was that, in fact, allows this particular who played by the rules and not those going to modify it—but what about homeowner, the person that is in this who tried to go around the rules. We’re those private jets? They tend to loan BlackBerry that is in the midst of an not being fair to those people. money for them. And I know a whole eviction having purchased a house in I would now like to yield 2 minutes lot of rich people that went into bank- honesty with the lights on, putting for- to the gentleman from Iowa (Mr. KING). ruptcy for the express purpose of avoid- ward the documentation but yet being Mr. KING of Iowa. Mr. Speaker, I’d ing paying bills. So I don’t buy into subjected to that well-known mort- like to thank the gentlelady from that argument. We’re about trying to gager, Countrywide, that gave vast North Carolina for yielding. help people here. numbers of, if you will, mortgages in I rise in opposition to this rule. And Mr. Speaker, I yield 2 minutes to the the context that might not have been I rise, of course, in opposition to the distinguished lady from Texas. the most appropriate. underlying bill as well. Ms. FOXX. Mr. Speaker, I would like Today we are allowing the courts of But speaking to the rule, my argu- to ask the gentleman if he would yield law, the established bankruptcy ment’s about process. There’s a tre- for a question. court—established statutorily and pro- mendous amount of fraud that’s taking Mr. HASTINGS of Florida. At this tected by the Constitution—to allow place in the mortgages in this country, time, I will not. someone due process. That’s all we’re and people that have relief under this I will yield 2 minutes to the gentle- saying, Mr. Speaker. should have clean hands. And in recog- woman from Texas (Ms. JACKSON-LEE). And all of this about irresponsible nizing that, I introduced an amend- (Ms. JACKSON-LEE of Texas asked persons offends me because there are ment in the Judiciary Committee that and was given permission to revise and thousands, and now millions, of fami- would exclude those who have mis- extend her remarks.) lies who are simply trying to say, Keep represented or, under false pretenses or Ms. JACKSON-LEE of Texas. I came the tax base for my struggling city, actual fraud, achieved an extension of to the floor, Mr. Speaker, because I allow my neighbors to not have their their mortgage and then brought this wanted to make sure that this was the homes depreciated because I have had to the bankruptcy court. We’ve got to day that the United States Congress the unfortunate mistake of being mis- have people with clean hands, not addressed the question of responsible, represented to. Some of these people those that are taking advantage of this hardworking Americans. are still working. situation. The door has already been I came to the floor with my Black- I close by saying 3,500 people are in opened. This opens the door more. Berry because there’s a message about line for a job. Today is the little per- My amendment, Mr. Speaker, passed one of our renowned mortgagers, Coun- son’s opportunity. the Judiciary Committee by a vote of trywide, that is in the process of evict- Mr. Speaker, thank you for your leadership 21–3. It was a prudent decision on the ing one of my constituents—a hard- on this very important question. Chairman part of the members of the committee. working, long-standing, if you will, CONYERS and Chairman FRANK, I would like to

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\K05MR7.015 H05MRPT1 smartinez on PROD1PC64 with HOUSE H2990 CONGRESSIONAL RECORD — HOUSE March 5, 2009 also thank you for your leadership. Lastly, I My amendment would have prevented safe harbor. Further, it would require HUD to would like to thank my able Legislative Direc- homeowners and debtors, who were facing receive public input before implementing cer- tor, Arthur Sidney, for his hard work on this mortgage foreclosure as a result of the un- tain FHA approval provisions. issue. scrupulous and unchecked lending of preda- With respect to the HOPE for Homeowners The bill before us today is very important tory lenders and financial institutions, from Program: recasts the prohibition against hav- and will help Americans during this difficult having their mortgage foreclosure count ing committed fraud over the last 10 years economic time. As you know, home fore- against them in the determination of their from a freestanding prohibition to a borrower closures are at an all-time high and they are credit score. It is an equitable result given that certification. The Conyers Amendment would poised to accelerate as the recession the debtors ultimately faced mortgage fore- amend the National Housing Act to broaden deepens. In 2006, there were 1.2 million foreclosure because of the bad practices of the eligibility for Home Equity Conversion Mort- closures in the United States, representing an lender. gage (HECM) or ‘‘reverse mortgage.’’ increase of 42 percent over the prior year. Simply put, my amendment would have pre- Provides that the GAO must submit to Con- During 2007 through 2008, mortgage fore- vented homeowners who have declared mort- gress a review of the effects of the judicial closures were estimated to result in a whop- gage foreclosure as a result of subprime mort- modification program. ping $400 billion worth of defaults and $100 gage lending and mortgages from having the Requires the Comptroller of Currency, in co- billion in losses to investors in mortgage secu- foreclosure count against the debtor/home- ordination with the Director of Thrift Super- rities. owner in the determination of the debtor/ vision, to submit reports to Congress on the During this time, debtors and average homeowner’s credit score. volume of mortgage modifications and issue homeowners found themselves in the midst of The homeowners should not be required to modification data collection and reporting re- a home mortgage foreclosure crisis of unprec- pay for the bad acts of the lenders. It would quirements. edented levels. Many of the mortgage fore- take years for a homeowner to recover from a Expresses the Sense of Congress that the closures were the result of subprime lending mortgage foreclosure. My amendment Treasury Secretary should use amounts made practices. strengthens this already much needed and available under the Act to purchase mortgage Subprime lending did not always have a bad well thought out bill. revenue bonds for single-family housing. name; however, within the last five to seven I am delighted that the Judiciary Committee Expresses the Sense of Congress that fi- years, unscrupulous lenders have preyed has indicated that my language will be in- nancial institutions should not foreclose on any upon buyers in a predatory fashion. The cluded in the Conference language. I look for- principal homeowner until the loan modifica- amendment that I offered before the Rules ward to having my staff work with the Com- tion programs included in H.R. 1106 and the Committee was intended to address this mittee to achieve this end. President’s foreclosure plan are implemented issue.Specifically, my amendment would pre- There were four amendments that were and deemed operational by the Treasury and clude a foreclosure and bankruptcy that re- made in order by the Rules Committee. I will HUD Secretaries. sulted from subprime and predatory lending address my support or non-support for each Establishes a Justice Department Nation- from being included in the determination of a amendment. wide Mortgage Fraud Task Force to coordi- debtor’s creditor score. Certainly, a debtor’s CONYERS AMENDMENT nate anti-mortgage fraud efforts. Would pro- declaration of foreclosure or bankruptcy has a I support the Manager’s Amendment offered vide that the Treasury Secretary shall provide deleterious effect on one’s credit score. by Chairman CONYERS. The amendment that the limit on the maximum original principal This makes a bad situation, worse. If a makes sense and makes clear that H.R. 1106 obligation of a mortgage that may be modified debtor has poor credit to begin with and is is intended to help those that cannot afford to using EESA funds shall not be less than the forced to declare bankruptcy or is forced into repay their mortgage without intervention. In- dollar limit on the maximum original principal foreclosure, this combination would make it al- deed it is strength to the underlying bill by pro- obligation of a mortgage that may be pur- most impossible for a debtor to secure credit viding finality to the decisions worked out by chased by the Federal Home Loan Mortgage in the future. A lowered credit score results in the bankruptcy courts. These decisions would Corporation that is in effect at the time the a downward spiral for the debtor and ulti- provide finality between lenders and bor- mortgage is modified. mately leads to an economic quagmire for the rowers. Moreover, the debtors are afforded PRICE, TOM AMENDMENT debtor. certain protections by the Second Degree I oppose the Price Amendment. The Price MY AMENDMENT Amendment. The Second Degree Amendment Amendment provides that if a homeowner who I offered the following amendment to be in- provides that the lender could receive addi- has had a mortgage modified in a bankruptcy cluded in the bill: tional funding from the sale of the foreclosed home. proceeding sells the home at a profit, the lend- SEC. 205. FORBEARANCE IN CREATION OF CRED- er can recapture the amount of principal lost IT SCORE The Manager’s Amendment would do the following: in the modification. (a) IN GENERAL.—Section 609 of the Fair I oppose the Price Amendment for the fol- Credit Reporting Act (15 U.S.C. 1681g) is (1) require courts to use FHA appraisal amended by adding at the end the following guidelines where the fair market value of a lowing reasons. new subsection: home is in dispute; First, the Price amendment would make ‘‘(h) FORECLOSURE ON SUBPRIME NOT TAKEN (2) deny relief to individuals who can afford homeowners into renters for life. It will lead to INTO ACCOUNT FOR CREDIT SCORES.— to repay their mortgages without judicial mort- poorly maintained homes and lower property ‘‘(1) IN GENERAL.—A foreclosure on a gage modification; and values for all of us. It takes away any incen- subprime mortgage of a consumer may not (3) extend the negotiation period from 15 to tive for homeowners to maintain their homes be taken into account by any person in pre- or insist on competitive sale prices. paring or calculating the credit score (as de- 30 days, requiring the debtor to certify that he fined in subsection (f)(2)) for, or with respect or she contacted the lender, provided the Second, the Manager’s Amendment already to, the consumer. lender with income, expense and debt state- allows lenders to get back a substantial por- ‘‘(2) SUBPRIME DEFINED.—The term ments, and that there was a process for the tion of any amount a home appreciates after ‘subprime mortgage’ means any consumer borrower and lender to seek to reach agree- bankruptcy. But it leaves in place incentives credit transaction secured by the principal ment on a qualified loan modification. for homeowners to maintain and improve dwelling of the consumer that bears or oth- The Conyers Amendment would require a homes. erwise meets the terms and characteristics GAO study regarding the effectiveness of Third, the Price Amendment is opposed by for such a transaction that the Board has defined as a subprime mortgage.’’. mortgage modifications outside of bankruptcy the Center for Responsible Lending, Con- (b) REGULATIONS.—The Board shall pre- and judicial modifications, whether there sumers Union, Leadership Conference on Civil scribe regulations defining a subprime mort- should be a sunset, the impact of the amend- Rights, National Association of Consumer Ad- gage for purposes of the amendment made by ment on bankruptcy courts, whether relief vocates, National Association of Consumer subsection (a) before the end of the 90-day should be limited to certain types of home- Bankruptcy Attorneys, National Community period beginning on the date of the enact- owners. The GAO must analyze how bank- Reinvestment Coalition, National Consumer ment of this Act. ruptcy judges restructure mortgages, including Law Center, National Legal Aid and Defender (c) EFFECTIVE DATE.—The amendment Association, National Policy and Advocacy made by subsection (a) shall take effect at the number of judges disciplined as a result of the end of the 30-day period beginning on the actions taken to restore mortgages. Council on Homelessness, and USPIRG. date of the enactment of this Act and shall The Conyers Amendment would clarify that For the foregoing reasons, I oppose the apply without regard to the date of the fore- loan modifications, workout plans or other loss Price Amendment and I urge my colleagues to closure: mitigation plans are eligible for the servicer vote ‘‘no’’ on this amendment.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\A05MR7.016 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H2991 PETERS, GARY AMENDMENT urge my colleagues to support the Conyers, He goes on to say, ‘‘The need for I support this amendment. This amendment Peters, and Titus Amendments. bankruptcy judges to reduce mortgage is straightforward and is intended to help the b 1100 balances consistent with current fair borrower by providing a last clear chance to market values is absolutely essential if garner much needed information. It is my Ms. FOXX. Mr. Speaker, I now am we’re to get out of this economic hope that this information would be used to pleased to yield 2 minutes to my col- mess.’’ league from Pennsylvania (Mr. SHU- provide financial assistance and education to STER). For those who give hope to ‘‘mort- the consumer. Mr. SHUSTER. I thank the gentle- gage modification,’’ let me say one In many cases, proper education about the woman for yielding. thing; mortgages have been modified use of credit and mortgages could have made With our current economic situation, by crooks using the adjustable rate all the difference in the consumers choices. I think it’s vital that we encourage re- mortgage—they modified mortgages, Simply put, if the consumers made wise and sponsibility. Congress is spending all of they did it as hoodlums. And there is informed credit decisions in the first instance, its time and energy rewarding those no reason for the Congress of the they might not have been in bankruptcy or fac- who have acted irresponsibly. We must United States of America not to step in ing foreclosure. I find this amendment incred- not ignore those who have played by and try to help people who’ve been ibly prudent and helpful to debtors and con- the rules and lived within their means. ripped off in the name of good business. sumers. I urge my colleagues to support this Responsible homeowners are being Ms. FOXX. Mr. Speaker, I now yield amendment. left out of the equation, and that must 3 minutes to my colleague from Cali- TITUS AMENDMENT change. We must recognize responsi- fornia (Mr. ROYCE). The Titus Amendment would require a bility. For just that reason, last night servicer that receives an incentive payment I introduced legislation to give respon- Mr. ROYCE. Mr. Speaker, many of us under the HOPE for homeowners to notify all sible homeowners who have paid and have read the Peruvian economist mortgagors under mortgages they service who continue to pay their mortgages on book, Hernando de Soto’s book, ‘‘The are ‘‘at-risk homeowners’’ (as such term is de- time a $5,000 tax credit. This isn’t an- Mystery of Capital: Why Capitalism fined by the Secretary), in a form and manner other bailout or a taxpayer-backed Succeeds in the West and Fails Every- as shall be prescribed by the Secretary, that debt obligation. It’s a way for hard- where Else.’’ It’s a best seller in the de- they may be eligible for the HOPE for Home- working American families to keep veloping world. owners Program and how to obtain informa- more of the money that they earn so The importance of that book in a lot tion regarding the program. they can keep acting responsibly and of the world is it explains to people The HOPE for Homeowners (H4H) program help our economy grow. Just because why it is that interest rates are so low was created by Congress to help those at risk responsible homeowners are paying here, why it is that we’re so successful of default and foreclosure refinance into more their mortgages on time does not mean in the percentages of mortgages that affordable, sustainable loans. H4H is an addi- that they don’t need help. The adminis- we’re able to grant in the United tional mortgage option designed to keep bor- tration claims their plan will help one States. And it is the sanctity of that rowers in their homes. The program is effec- in nine homeowners. My commonsense contract, it is the certainty of that tive from October 1, 2008 to September 30, plan helps the other eight of nine mortgage contract. And the great fear 2011. homeowners the administration and I think many of us have here is that if HOW THE PROGRAM WORKS the Democrats ignore. we start down the road to writing down Mr. Speaker, this is simple. We can- There are four ways that a distressed home- the principal in that contract, we are not continue the policies pursued by owner could pursue participation in the HOPE going to end up moving in the direc- the administration and my Democratic for Homeowners program: tion, as de Soto would say, of the dif- colleagues that reward irresponsibility ference between the First World and 1. Homeowners may contact their existing and dependency. To pull ourselves out the Third World. We are not going to lender and/or a new lender to discuss how to of this crisis we need real change. We be able to have interest rates that are qualify and their eligibility for this program. must pursue policies that foster a cul- around 6 or 7 percent. 2. Servicers working with troubled home- ture of responsibility. So I urge my col- Is there a way that Treasury has de- owners may determine that the best solution leagues to take a look at my legisla- veloped as an alternative to this for avoiding foreclosure is to refinance the tion and support it, because my plan scheme? Yes, they have. They have de- homeowner into a HOPE for Homeowners does do just that. loan. Mr. HASTINGS of Florida. Mr. veloped a way to have mortgage 3. Originating lenders who are looking for Speaker, I am very pleased to yield 2 servicers work out these Alt-A loans ways to refinance potential customers out from minutes to my good friend from Mis- that we’re talking about today, these 3 under their high-cost loans and/or who are souri, a member of the Financial Serv- ARMs that might go to 8 ⁄4, and to work that out into 30 years at 6 percent willing to work with servicers to assist dis- ices Committee, Representative CLEAV- that’s affordable for people. And we’ve tressed homeowners. ER. 4. Counselors who are working with troubled Mr. CLEAVER. Mr. Speaker, I’d like had 2.3 million of those workouts by homeowners and their lenders to reach a mu- to share a letter that I received from the end of last year. tually agreeable solution for avoiding fore- an attorney in my district. The attor- But now, here we are, instead of closure. ney, Sidney Willens, wrote me this let- doing the voluntary arrangement and It is envisioned that the primary way home- ter, and it is, in essence, a letter that putting resources in to do that—which owners will initially participate in this program supports this rule. is what we intended to do, I think, as is through the servicing lender on their existing He says, ‘‘Dear Congressman CLEAV- we started this process—we’re, instead, mortgage. Servicers that do not have an un- ER, let me tell you a story of Mrs. listening to the bankruptcy attorneys derwriting component to their mortgage oper- Sherrita Richardson, a 37-year-old Afri- with an alternative approach. And that ations will partner with an FHA-approved lend- can American mother of four, a bus approach is to set this up so that it can er that does. driver for 9 years. Four years ago, Mrs. be gamed in a way that knocks down Because I am committed to helping Ameri- Richardson acquired a house in your the amount of the principal. And if we cans obtain homes and remain in their homes, district at 3413 East 60th Street with an do that, we’re right back to where I support the HOPE for Homeowners Program inflated appraisal of $93,000, requiring a Chief Justice of the Supreme Court and I support this amendment. I urge my col- 10 percent down payment she didn’t John Paul Stevens said we would be in leagues to support this bill. Indeed, I feel per- have. Yet, virtually penniless, Mrs. the case of Nobleman v. American Sav- sonally vindicated that Congress has set aside Richardson acquired title to a house ings Bank. He said, you do this—there’s $100 bill to address the issue of mortgage for $93,000. A mortgage broker pur- a reason why that mortgage contract is foreclosure, an issue that I have long cham- chased a $9,300 cashier’s check payable held in the law the way it is. If you pioned in the 110th Congress. to the seller, made a copy to show the manage to reduce that principal, then All in all, the rule makes sense. The amend- 10 percent down payment was made, the consequence is going to be that ments that I support will make this bill much then redeemed the $9,300 check 24 hours capital is not going to come in and stronger and will benefit more Americans. I later.’’ drive down interest rates.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.018 H05MRPT1 smartinez on PROD1PC64 with HOUSE H2992 CONGRESSIONAL RECORD — HOUSE March 5, 2009 My concern here is that the dif- we want to protect Home Street to the gram, a program that comes at the ex- ference between what people pay on the same extent that we want to protect pense of the 92 percent of homeowners market for credit card rates or auto Main Street and Wall Street? There are who are making their payments on loan rates and interest rates on their people who are suffering, this is the op- time. And it is a program that benefits home mortgage is a huge sum of portunity to help them. lenders who wrote irresponsible loans money. And in order to empower these Ms. FOXX. Mr. Speaker, I am very and borrowers who borrowed more than bankruptcy judges to go forward and pleased to yield 5 minutes to the rank- they could afford. In other words, this take advantage of this and open this ing member of the Judiciary Com- legislation will punish the successful, up, then the investors on the other side mittee, Mr. SMITH from Texas. tax the responsible, and hold no one ac- of the—let me throw one other thought Mr. SMITH of Texas. Mr. Speaker, I countable. out there besides the impact it’s going thank the gentlewoman from North If we pass this legislation, what mes- to have on interest rates. Carolina for yielding. sage does it send to responsible bor- Think now about what happens with Mr. Speaker, our country has fallen rowers who are making their payments the HOPE NOW Alliance, where people into a serious economic recession, a re- on time? How can we ask them to foot at the table are trying to get that 30- cession that is worsened by the fore- the bill for their neighbors’ mortgages? year loan at 6 percent. Are either the closure crisis. What do homeowners think as they pay borrower or the lender going to stay at Until we address the rising number of back the full amount of principal they that table when they think, oh, no, foreclosures, it will be difficult for the owe while others receive a government- here’s an alternative: we go to bank- economy to recover. Some of what is in granted reduction in principal? ruptcy court, we write down the this bill we consider today will be help- Mr. Speaker, we need to do every- amount of that principal? No, my ful, such as providing loan officers a thing we can to help solve the fore- friends. We’re headed down a road here safe harbor from the threat of litiga- closure crisis, but we need to do so in that is very, very ill-advised. tion if they offer borrowers meaningful a manner that doesn’t bankrupt the If you want to do workouts in terms loan modifications. But the bill also in- taxpayers or our financial system and of lowering the interest rate, that’s one cludes many counterproductive compo- that is fair to all. Unfortunately, this thing, and there is a way we can do it. nents, especially the bankruptcy provi- bill does not do that. We can put more resources in there sion. This bankruptcy provision not [From American Banker, Feb. 27, 2009] that the mortgage servicers can use to only will fail to solve the foreclosure TRANSCRIPT OF REMARKS BY SEN. DURBIN do that. But this is the wrong road. crisis, but also will make the crisis The following is a transcript of remarks Mr. HASTINGS of Florida. Mr. deeper, longer and wider. Allowing between Sen. Richard Durbin and an Amer- Speaker, I am very pleased to yield 2 bankruptcy judges to rewrite mort- ican Banker reporter, Tuesday evening after minutes to my good friend, the gen- President Obama’s speech to Congress. gages will increase the overall cost of AB Reporter: ‘‘Sen. Durbin, do you have a tleman from Texas (Mr. AL GREEN). loaning. Lenders and investors will Mr. AL GREEN of Texas. I thank the moment today on bankruptcy reform?’’ hesitate to put up capital in the future Sen. Durbin: ‘‘Sure.’’ Member from Florida for yielding the if they fear that judges will rewrite the AB Reporter: ‘‘I know that in the House, at time. I am honored to be associated terms of their mortgage contracts. least regarding this week, the lenders are with this piece of legislation. Less available capital and increased still trying to make the restrictions so that Mr. Speaker, the words that come to you have to exhaust all other recourses be- mind, as we debate this issue, the risk means that borrowers will pay fore bankruptcy pretty tough, even today I words that comes to mind are, ‘‘at higher interest rates in the future. heard about making HUD or one of the regu- last.’’ At last we are now embracing Allowing bankruptcy judges to re- lators certify that you had a modification or help for homeowners. We have worked write mortgages will also encourage something that didn’t work before you could borrowers who owe more money on go through bankruptcy. What are your for Wall Street, we have worked to do thoughts on what the standard ought to be?’’ something for Main Street; it is now their mortgage than their house is worth to file for bankruptcy. Under Sen. Durbin: ‘‘I think that it is reasonable time to do something for ‘‘Home to require the borrower to be in communica- Street,’’ the street where people live, this bill, a borrower will be able to re- tion for a reasonable time before they file for the street where people have their duce, for example, a $300,000 mortgage bankruptcy. You know if a borrower will not greatest investment. to $200,000. When housing prices rise in talk to a bank they should not be able to Let’s talk for just a moment about the future, that borrower has no obli- avail themselves but it’s really difficult to the concerns with reference to allowing gation to pay back the $100,000, which write into law a measurement of good faith bankruptcy to become a part of this of course amounts to a windfall. so the best you can do is give them an oppor- Experts predict that this will provide tunity to meet. Remember 99% of foreclosed process. My dear friends, bankruptcy is homes end up owned by the bank so it isn’t already a part of the process. If you an incentive for borrowers to file for bankruptcy so that they can avoid re- as if they are going to end up coming out own two, three, four or five homes, you ahead if the person’s losing their home. They may modify those homes in bank- paying the entire amount they owe. get stuck with $50,000 in costs and a house to ruptcy. If you only own one home as Also, if bankruptcy filings increase as maintain; to protect from vandalism, and to your principal home, that home is ex- a result of this legislation—which is show and try to sell, so the banks ought to cluded from bankruptcy. The bank- virtually predicted by everyone—it is be much more forthcoming. Every attempt ruptcy process ought to embrace people unlikely that the country’s only 368 we’ve tried, every voluntary attempt we’ve who have not been as fortunate as bankruptcy judges could handle per- tried has failed. You have to have this bank- haps millions of cases. This will pro- ruptcy provision as the last resort if there is those who have five homes to the same a failure to negotiate the mortgage.’’ extent that it embraces people who long the crisis as borrowers wait years AB Reporter: ‘‘Do you know when the Sen- have but one place to call home. It is for their bankruptcy plan to be court ate might be taking this up?’’ time to bring some equity into the approved. Sen. Durbin: ‘‘After the House and we process. In fact, even Senator DURBIN, the pri- might change it of course. There are vari- This equity is not prospective, it is mary sponsor of this legislation in the ations we’re looking at. But I’m willing to retrospective. It only applies to homes Senate, stated that he is ‘‘willing to re- restrict this to homeowners to eliminate that were closed on prior to the bill strict’’ this legislation to subprime speculators; to subprime mortgages, only those currently in existence. I want to make being enacted. It does not go forward. mortgages in an effort to make this this a reasonable limited— So this argument that it embraces in- proposal ‘‘reasonable.’’ AB Reporter: ‘‘You’re willing to limit it to terest rates into the future is not a Because it has been suggested that subprime mortgages?’’ correct argument. It only embraces the Senator DURBIN did not make these Sen. Durbin: ‘‘We’ve talked about that as a past, not the future. comments, I would like to submit the possibility. But I am willing to negotiate. I And finally, I would say to you, as transcript of Senator DURBIN’s remarks want this to be a reasonable approach, but we have to include it. If we don’t include it this is done, the homeowner has to at- to be made part of the RECORD. Mr. Speaker, the legislation we are we’ll be stuck in the same mess we’re in tempt a workout before there can be today.’’ judicial modification. considering today in the Housing Af- AB Reporter: ‘‘What about the time limita- The safeguards are there. The oppor- fordability and Stability Plan really tion as far as when the loans were origi- tunity is before us. The question is, do amounts to another entitlement pro- nated. I understand there are some who

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.018 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H2993 would like to see it limited to loan under- thing to be paid back within 3 to 5 and the demand did not keep up with written in the last few years?’’ years. the supply. Sen. Durbin: ‘‘My version will not be pro- That’s not the proposal we have here Second, as long as perspective buyers spective. So it has to be existing loans.’’ on the floor with respect to the pri- expect prices to fall, they will continue Mr. HASTINGS of Florida. Mr. mary residence. This would be ex- to hold out buying. In doing so, there is Speaker, I am very pleased to yield 1 tended over 30 years. This would create a self-fulfilling prophecy here. minute to the distinguished chair- an additional uncertainty in the mar- And like the two clauses of this cri- person of the Committee on the Judici- ketplace so that the accessibility, the sis, this bill will have two con- ary, my good friend, Mr. CONYERS. eligibility and the low rates that are sequences. Banks will most certainly Mr. CONYERS. I thank the floor now given in the arena of primary require much higher down payments manager, Judge HASTINGS, for his kind- homes, as opposed to other homes or for future borrowers. Instead of 5 or 20 ness. other investments, would be in jeop- percent, borrowers will have to come And I only rise to thank Dr. FOXX for ardy. up with, perhaps, 40 or 50 percent. Why, her appreciation and pointing out to That’s the thing that we have to un- because of the uncertainty of is this me one thing that we have added now derstand. We are treated precisely, dif- amount of the mortgage going to hold? to the manager’s amendment, and that ferently in bankruptcy court because Second, banks will certainly charge a is the requirement of studies by the we want to promote homeownership, higher interest rate than they do Government Accountability Office and we want to promote eligibility. We today. Under normal circumstances, other agencies, including the Office of want to promote accessibility, and we some might consider that a good thing. Comptroller of Currency and the Office want to promote low rates. But if this bill becomes law, the House of Thrift Supervision. She appreciated When you introduce an uncertainty prices will fall further, faster, and the that in the Rules Committee, I’m sure like this, and we have in our minority economy will certainly follow. she does now, and I thank her for that report from the Judiciary Committee As we have seen, many more people important contribution. extensive reference to experts who say will lose their livelihoods and find And I would yield to her. this is the case, when you introduce ad- themselves in a foreclosure. And, trag- Ms. FOXX. If I could engage in a very ditional reduced risk, as you do here, ically, the families this legislation was short colloquy with the chairman of you are going to jeopardize the accessi- supposed to help will find themselves the Judiciary Committee. bility and eligibility of these mort- underwater again. This is incredible Mr. CONYERS. Absolutely. gages in the future to everybody, par- danger here, and I urge my colleagues Ms. FOXX. I do thank you again for ticularly those who are of the medium to vote against the rule. including my suggestions in the bill. and low-income groups. Mr. HASTINGS of Florida. I continue As I said last week on the floor, and as So sometimes we have got to learn to reserve. Ms. FOXX. Mr. Speaker, I now yield I have indicated to you personally, I on this floor that best intentions don’t 2 minutes to my colleague from Geor- thank you very much. I wish we could conclude with the best results. What have made the bill even better, but gia (Mr. BROUN). we are doing here is working against Mr. BROUN of Georgia. I thank the thank you. the interests of the very people we gentlelady for yielding. The SPEAKER pro tempore. The claim to be helping. This rule and this bill are both bla- time of the gentleman has expired. Mr. HASTINGS of Florida. Mr. tantly unfair. Mr. HASTINGS of Florida. I yield the Speaker, I would inquire of the gentle- They are unfair to the working poor. gentleman an additional 30 seconds. lady from North Carolina if she has They are unfair to the middle class. Mr. CONYERS. She is giving me fur- any remaining speakers? They are unfair to the community ther instructions, so I’ll see what I can Ms. FOXX. Yes, Mr. Speaker, I have banks that have no blame in this hous- do between now and the time we intro- several remaining speakers. ing crisis, for the most part. What it’s duce the manager’s amendment. Mr. HASTINGS of Florida. Then I going to do is it’s going to hurt the would reserve the balance of my time. b 1115 people who have been responsible, and Ms. FOXX. Mr. Speaker, I now would it’s going to help those who have been Ms. FOXX. Mr. Speaker, I now yield like to yield 2 minutes to my colleague irresponsible. 2 minutes to my colleague from Cali- from Florida (Ms. GINNY BROWN- We have solutions. We, on our side, fornia (Mr. DANIEL E. LUNGREN). WAITE). have offered many solutions that would Mr. DANIEL E. LUNGREN of Cali- Ms. GINNY BROWN-WAITE of Flor- stop this steamroll of socialism. This is fornia. I thank the gentlewoman for ida. I thank the gentlelady from North another turn of the wheel of that yielding. Carolina. steamroll of socialism that’s being Mr. Speaker, I come from the State Mr. Speaker, when a bank forecloses forced down the throats of the Amer- of California, which has been hit about in a neighborhood, it certainly affects ican people. as badly as any State in the Union with the values of the surrounding homes. We have got to stop this. We have got the burst of the housing bubble, and But when a bankruptcy judge arbi- to stop messing in people’s business particularly my part of the State of trarily breaks the mortgage contract, and hurting the people that this bill is California. So I know, and I am ear- it will lower values on houses every- intended to help. It’s going to reward nestly hopeful that we will enact legis- where. I rise today in opposition to the those who have been irresponsible. It’s lation that will be a benefit to that rule and also to the well intended but going to reward those who have been phenomena that has occurred through- tragically flawed bill. involved in greed, and it’s going to out this country. The Helping Families Save Their hurt those people who are trying their However, I rise in opposition to this Homes Act of 2009 may live up to its best to have a home, to have a good rule and rise in opposition to this bill name for a few people and for a very value in their home. precisely because of the inclusion of short time, but it does not stop home We need to vote down this rule, we the bankruptcy cramdown provision. It prices from falling. That, Mr. Speaker, need to stop this bill. We need to stop is a classic example of the law of unin- is exactly what must happen for the this gross infringement on people’s tended consequences. economy to recover. rights and privacy and lives that this The gentleman came to the floor, the Nobody here wants to see his or her Federal Government is doing. gentleman from Texas, just a moment constituents lose their homes to fore- We have to stop this steamroll of so- ago, and said, look, we should treat closure, but it is our responsibility, as cialism, and I call upon my colleagues this the way we do with other homes leaders, as Members of Congress, to to vote down this rule and to vote down and other investment properties. That make sure that the laws we passed this bill. is an inept analogy in that if you look don’t have severe, unintended con- Mr. HASTINGS of Florida. I continue at chapter 13 right now and you do sequences. As most economists agree, to reserve, Mr. Speaker. have a cramdown on a vacation home, two things are causing housing prices Ms. FOXX. Mr. Speaker, I now yield for instance, from $550,000 to $500,000, to fall, first home builders overbuilt 2 minutes to the distinguished gen- that plan would require the entire and there was a glut on the market, tleman from Indiana (Mr. PENCE).

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.004 H05MRPT1 smartinez on PROD1PC64 with HOUSE H2994 CONGRESSIONAL RECORD — HOUSE March 5, 2009 (Mr. PENCE asked and was given per- ing the current situation even worse, I urge a ‘‘yes’’ vote on the previous mission to revise and extend his re- and let me explain a little bit why that question and on the rule. marks.) is the case. Mr. Speaker, I yield back the balance Mr. PENCE. Mr. Speaker, I rise in op- This bill is going to require that of my time, and I move the previous position to the rule and to the Helping banks have increased capital reserves, question on the resolution. Families Save Their Homes Act. which is going to mean we are going to The previous question was ordered. It’s legislation that really will pun- have decreased lending of all types. The SPEAKER pro tempore. The ish those who played by the rules, lived Every day I hear from people across question is on the resolution. within their means, by forcing them to the country, particularly developers, The question was taken; and the subsidize Americans who made irre- who say they cannot get loans, there is Speaker pro tempore announced that sponsible choices. This bill also throws no capital out there, and it is hurting the ayes appeared to have it. good money after bad. our economy. Some of us wonder if our Ms. FOXX. Mr. Speaker, on that I de- If the HOPE for Homeowners Pro- colleagues understand this and under- mand the yeas and nays. gram was intended to help 400,000 bor- stand that the effect of this bill is to The yeas and nays were ordered. rowers, the American people deserve to make the economy worse and wonder if The SPEAKER pro tempore. Pursu- know that to date the program has as- that is an intention for this bill. ant to clause 8 of rule XX, this 15- sisted 43 borrowers, not 43,000, not 430, I think that we have to say that we minute vote on adoption of House Res- 43. The President said it was his goal had hoped that the bill that was pulled olution 205 will be followed by 5-minute to, quote, eliminate government pro- last week was going to come back as a votes on the motion to suspend the grams that are not performing. We better bill, and yet it has not. It’s rules on House Resolution 146, if or- could start with the HOPE for Home- made this underlying bill either worse dered, and the motion to suspend the owners Program. or it’s simply window dressing. rules on House Concurrent Resolution More than anything else, Mr. Speak- The new rule that has come in is ba- 14, if ordered. er, we are witnessing a disturbing pat- sically not doing anything to help our The vote was taken by electronic de- tern here in Washington, one that re- situation and it’s not helping the un- vice, and there were—yeas 239, nays wards bad decisions at the expense of derlying bill. There was a promise that 181, answered ‘‘present’’ 1, not voting people that have made right choices. this was going to be better. We knew 10, as follows: We saw it in the bailout of Wall Street there were moderates on the other side [Roll No. 97] under a prior administration and con- who were having problems voting for YEAS—239 tinued under the new one. this rule and voting for this bill. They Abercrombie Doyle Larson (CT) We saw this with the so-called stim- have now, I think, been fooled into Ackerman Driehaus Lee (CA) ulus bill that was designed to stem the thinking that this is a better bill. It is Adler (NJ) Edwards (MD) Levin rising tide in this economic crisis but not. Altmire Edwards (TX) Lewis (GA) was nothing more than a wish list of As my colleagues have so eloquently Andrews Ellison Lipinski Arcuri Ellsworth Loebsack spending priorities put on the backs of said, there is a reward for irrespon- Baca Engel Lofgren, Zoe our children and grandchildren. But sibility and punishment for responsi- Baird Eshoo Lowey today we should note more than 90 per- bility. We have heard the President say Baldwin Etheridge Luja´ n Barrow Farr Lynch cent of Americans are paying their over and over and over, we need a new Bean Fattah Maffei mortgages on time and meeting their era of responsibility and account- Becerra Filner Maloney financial obligations, even in these dif- ability. This does just the opposite. Berkley Foster Markey (CO) ficult days, let me say with authority This rule and this bill deserve the em- Berman Frank (MA) Markey (MA) Bishop (GA) Fudge Marshall as we consider this bill. peror’s new clothes award because it Bishop (NY) Giffords Massa People back in Indiana don’t want a doesn’t do anything that they pretend Blumenauer Gonzalez Matsui handout. They don’t want to turn a it is going to do. Boccieri Gordon (TN) McCarthy (NY) blind eye to people who, through no Boren Grayson McCollum I urge my colleagues to vote ‘‘no’’ on Boswell Green, Al McDermott fault of their own, found themselves in the rule and vote ‘‘no’’ on the bill when Boucher Green, Gene McGovern loans in which they should not have it comes up. Boyd Griffith McIntyre been engaged, but Hoosiers don’t want I yield back the balance of my time. Brady (PA) Grijalva McMahon Braley (IA) Gutierrez McNerney to be put on the hook for a handout for Mr. HASTINGS of Florida. Mr. Bright Hall (NY) Meek (FL) people who knowingly made bad Speaker, I yield myself the remainder Brown, Corrine Halvorson Meeks (NY) choices. of our time. Butterfield Hare Michaud These are tough times. We should all This is a good rule, Mr. Speaker, that Capps Harman Miller (NC) Capuano Hastings (FL) Miller, George be willing to make the sacrifices nec- not only addresses our current housing Cardoza Heinrich Mitchell essary to weather this economic storm, crisis but it also more precisely targets Carnahan Herseth Sandlin Mollohan but we to begin by reaffirming the relief to those who need it most. Carney Higgins Moore (KS) In January of this year alone, in St. Carson (IN) Himes Moore (WI) principle of personal responsibility. Castor (FL) Hinchey Moran (VA) The bill before us fails this essential Lucie County that I am privileged to Chandler Hirono Murphy (CT) standard. Rewarding bad behavior will serve, there was 1,372 home fore- Clarke Hodes Murphy, Patrick not solve our problems, it will only closures, according to RealtyTrac. This Clay Holden Murtha Cleaver Holt Nadler (NY) worsen them. We should reject this was the second highest foreclosure rate Clyburn Honda Napolitano bill. We should pursue the kinds of in my State of Florida, up 44 percent Cohen Hoyer Neal (MA) policies that put personal responsi- from the previous year. Connolly (VA) Inslee Nye This legislation is not a giveaway, it Conyers Israel Oberstar bility first and ultimately create the Cooper Jackson (IL) Obey incentive for Americans who have in- is not welfare, it is a collective bill Costa Jackson-Lee Olver vested in their homes and in their lives that will help those who have played Costello (TX) Ortiz to continue to expand and prosper. by the rules. We must lay the founda- Courtney Johnson (GA) Pallone Crowley Johnson, E. B. Pascrell Mr. HASTINGS of Florida. I continue tion in this country to help us get out Cuellar Kagen Pastor (AZ) to reserve. of this crisis, and we must make every Cummings Kanjorski Payne Ms. FOXX. Mr. Speaker, I want to effort to rebuild this country. We can’t Dahlkemper Kennedy Perlmutter thank all of my colleagues who have turn a blind eye to the nearly 6 million Davis (AL) Kildee Peters Davis (CA) Kilpatrick (MI) Peterson come today to speak on this rule. They households in America that are pos- Davis (TN) Kilroy Pingree (ME) have been extremely eloquent in ex- sibly facing foreclosure. DeFazio Kind Polis (CO) plaining why we are opposed to this Therefore, I urge my colleagues to DeGette Kirkpatrick (AZ) Pomeroy Delahunt Kissell Price (NC) rule and the underlying bill. support this rule that will put this DeLauro Klein (FL) Rahall We are in a terrible situation in this great Nation back on track and will Dicks Kosmas Rangel country in terms of our economic situ- give millions of Americans the oppor- Dingell Kratovil Reyes ation. And what this bill is going to do tunity to continue living in their Doggett Langevin Richardson Donnelly (IN) Larsen (WA) Rodriguez is it’s going to have the effect of mak- homes.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.022 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H2995 Ross Shea-Porter Towns So the resolution was agreed to. Burton (IN) Guthrie McClintock Rothman (NJ) Sherman Tsongas The result of the vote was announced Butterfield Gutierrez McCollum Roybal-Allard Shuler Van Hollen Buyer Hall (TX) McCotter Ruppersberger Sires Vela´ zquez as above recorded. Calvert Halvorson McDermott Rush Skelton Visclosky A motion to reconsider was laid on Camp Hare McGovern Ryan (OH) Slaughter Walz the table. Campbell Harman McHenry Salazar Smith (WA) Wasserman Cantor Harper McHugh ´ Stated against: Sanchez, Linda Snyder Schultz Capito Hastings (FL) McIntyre T. Space Waters Mr. SCHOCK. Mr. Speaker, on rollcall No. Capps Hastings (WA) McMahon Sanchez, Loretta Spratt Capuano Heinrich McMorris Watson 97, Rule for H.R. 1106, had I been present, I Sarbanes Stupak Cardoza Heller Rodgers Watt Schakowsky Sutton would have voted ‘‘nay.’’ Carnahan Hensarling McNerney Waxman Schauer Tanner f Carney Herger Meek (FL) Schiff Tauscher Weiner Carson (IN) Herseth Sandlin Meeks (NY) Welch Schrader Taylor MOMENT OF SILENCE IN REMEM- Carter Higgins Mica Schwartz Thompson (CA) Wexler Cassidy Hill Michaud Scott (GA) Thompson (MS) Wilson (OH) BRANCE OF MEMBERS OF Castle Himes Miller (FL) Scott (VA) Tierney Woolsey ARMED FORCES AND THEIR Castor (FL) Hinchey Miller (MI) Serrano Titus Wu FAMILIES Chaffetz Hirono Miller (NC) Sestak Tonko Yarmuth Chandler Hodes Minnick The SPEAKER. The Chair would ask Childers Hoekstra Mitchell NAYS—181 all present to rise for the purpose of a Clarke Holden Mollohan Aderholt Gallegly Moran (KS) moment of silence. Clay Holt Moore (KS) Akin Garrett (NJ) Murphy, Tim Clyburn Honda Moore (WI) Alexander Gerlach Myrick The Chair asks that the House now Coble Hoyer Moran (KS) Austria Gingrey (GA) Neugebauer observe a moment of silence in remem- Coffman (CO) Hunter Moran (VA) Bachmann Gohmert Nunes brance of our brave men and women in Cohen Inglis Murphy (CT) Cole Inslee Murphy, Patrick Bachus Goodlatte Olson uniform who have given their lives in Barrett (SC) Granger Paul Conaway Israel Murphy, Tim Connolly (VA) Issa Murtha Bartlett Graves Paulsen the service of our Nation in Iraq and in Conyers Jackson (IL) Myrick Barton (TX) Guthrie Pence Afghanistan and their families, and all Cooper Jackson-Lee Nadler (NY) Berry Hall (TX) Petri who serve in our Armed Forces and Biggert Harper Costa (TX) Napolitano Pitts Bilbray Hastings (WA) their families. Costello Jenkins Neal (MA) Platts Bilirakis Heller Courtney Johnson (GA) Neugebauer Poe (TX) f Bishop (UT) Hensarling Crenshaw Johnson (IL) Nunes Posey Blackburn Herger Crowley Johnson, E. B. Nye Blunt Hill Price (GA) ANNOUNCEMENT BY THE SPEAKER Cuellar Johnson, Sam Oberstar Boehner Hoekstra Putnam The SPEAKER. Without objection, 5- Culberson Jones Obey Bonner Hunter Radanovich Cummings Jordan (OH) Olson Bono Mack Inglis Rehberg minute voting will continue. Dahlkemper Kagen Olver Boozman Issa Reichert There was no objection. Davis (AL) Kanjorski Ortiz Boustany Jenkins Roe (TN) Davis (CA) Kaptur Pallone Brady (TX) Johnson (IL) Rogers (AL) f Davis (KY) Kennedy Pascrell Broun (GA) Johnson, Sam Rogers (KY) Davis (TN) Kildee Pastor (AZ) Brown (SC) Jones Rogers (MI) READ ACROSS AMERICA DAY Deal (GA) Kilpatrick (MI) Paul DeFazio Kilroy Paulsen Brown-Waite, Jordan (OH) Rohrabacher The SPEAKER pro tempore (Mr. PAS- Ginny King (IA) Rooney DeGette Kind Payne Buchanan King (NY) Ros-Lehtinen TOR of Arizona). The unfinished busi- Delahunt King (IA) Pence Burgess Kingston Roskam ness is the question on suspending the DeLauro King (NY) Perlmutter Burton (IN) Kirk Royce rules and agreeing to the resolution, H. Dent Kingston Peters Diaz-Balart, L. Kirk Peterson Buyer Kline (MN) Ryan (WI) Res. 146. Calvert Kucinich Scalise Diaz-Balart, M. Kirkpatrick (AZ) Petri Camp Lamborn Schmidt The Clerk read the title of the resolu- Dicks Kissell Pingree (ME) Campbell Lance Sensenbrenner tion. Dingell Klein (FL) Pitts Cantor Latham Sessions The SPEAKER pro tempore. The Doggett Kline (MN) Platts Capito LaTourette Shadegg Donnelly (IN) Kosmas Poe (TX) question is on the motion offered by Doyle Carter Latta Shimkus Kratovil Polis (CO) Dreier Kucinich Pomeroy Cassidy Lee (NY) Shuster the gentleman from Colorado (Mr. Driehaus Lamborn Posey Castle Lewis (CA) Simpson POLIS) that the House suspend the Duncan Lance Price (GA) Chaffetz Linder Smith (NE) rules and agree to the resolution, H. Edwards (MD) Langevin Price (NC) Childers LoBiondo Smith (NJ) Coble Lucas Res. 146. Edwards (TX) Larsen (WA) Putnam Smith (TX) Coffman (CO) Luetkemeyer Ellison Larson (CT) Radanovich Souder The question was taken. Cole Lummis Ellsworth Latham Rahall Stearns The SPEAKER pro tempore. In the Conaway Lungren, Daniel Emerson LaTourette Rangel Sullivan Crenshaw E. opinion of the Chair, two-thirds being Engel Latta Rehberg Teague Culberson Mack in the affirmative, the ayes have it. Eshoo Lee (CA) Reichert Terry Davis (KY) Manzullo Mr. CROWLEY. Mr. Speaker, on that Etheridge Lee (NY) Reyes Deal (GA) Marchant Thompson (PA) Fallin Levin Richardson Dent Matheson Thornberry I demand the yeas and nays. Farr Lewis (CA) Rodriguez Diaz-Balart, L. McCarthy (CA) Tiahrt The yeas and nays were ordered. Fattah Lewis (GA) Roe (TN) Diaz-Balart, M. McCaul Tiberi The SPEAKER pro tempore. This Filner Linder Rogers (AL) Turner Dreier McClintock will be a 5-minute vote. Flake Lipinski Rogers (KY) Duncan McCotter Upton Fleming LoBiondo Rogers (MI) Emerson McHenry Walden The vote was taken by electronic de- Forbes Loebsack Rohrabacher Fallin McHugh Wamp vice, and there were—yeas 417, nays 0, Fortenberry Lofgren, Zoe Rooney Flake McKeon Westmoreland not voting 14, as follows: Foster Lowey Ros-Lehtinen Fleming McMorris Whitfield Foxx Lucas Roskam Forbes Rodgers Wilson (SC) [Roll No. 98] Frank (MA) Luetkemeyer Ross Fortenberry Mica Wittman YEAS—417 Franks (AZ) Luja´ n Rothman (NJ) Foxx Miller (FL) Wolf Frelinghuysen Lummis Roybal-Allard Abercrombie Barton (TX) Bono Mack Franks (AZ) Miller (MI) Young (AK) Fudge Lungren, Daniel Royce Ackerman Bean Boozman Frelinghuysen Minnick Young (FL) Gallegly E. Ruppersberger Aderholt Becerra Boren Garrett (NJ) Lynch Ryan (OH) ANSWERED ‘‘PRESENT’’—1 Adler (NJ) Berkley Boswell Gerlach Mack Ryan (WI) Akin Berman Boucher Kaptur Giffords Maffei Salazar Alexander Berry Boustany Gingrey (GA) Maloney Sa´ nchez, Linda NOT VOTING—10 Altmire Biggert Boyd Gohmert Manzullo T. Andrews Bilbray Brady (PA) Cao Melancon Speier Gonzalez Marchant Sanchez, Loretta Arcuri Bilirakis Brady (TX) Goodlatte Markey (CO) Sarbanes Davis (IL) Miller, Gary Stark Austria Bishop (GA) Braley (IA) Gordon (TN) Markey (MA) Scalise Ehlers Perriello Baca Bishop (NY) Bright Hinojosa Schock Granger Marshall Schakowsky Bachmann Bishop (UT) Broun (GA) Graves Massa Schauer Bachus Blackburn Brown (SC) b 1155 Grayson Matheson Schiff Baird Blumenauer Brown, Corrine Green, Al Matsui Schmidt Messrs. BOUSTANY and MILLER of Baldwin Blunt Brown-Waite, Green, Gene McCarthy (CA) Schock Barrett (SC) Boccieri Ginny Florida changed their vote from ‘‘yea’’ Griffith McCarthy (NY) Schrader Barrow Boehner Buchanan Grijalva McCaul Schwartz to ‘‘nay.’’ Bartlett Bonner Burgess

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.003 H05MRPT1 smartinez on PROD1PC64 with HOUSE H2996 CONGRESSIONAL RECORD — HOUSE March 5, 2009 Scott (GA) Stearns Visclosky Berkley Emerson Lee (CA) Reichert Serrano Tiberi Scott (VA) Stupak Walden Berman Engel Lee (NY) Reyes Sessions Tierney Sensenbrenner Sullivan Walz Berry Eshoo Levin Richardson Sestak Titus Serrano Sutton Wamp Biggert Etheridge Lewis (CA) Roe (TN) Shadegg Tonko Sessions Tanner Wasserman Bilbray Fallin Lewis (GA) Rogers (AL) Shea-Porter Towns Sestak Tauscher Schultz Bilirakis Farr Linder Rogers (KY) Sherman Tsongas Shadegg Taylor Waters Bishop (GA) Fattah Lipinski Rogers (MI) Shimkus Turner Shea-Porter Teague Watson Bishop (NY) Filner LoBiondo Rohrabacher Shuler Upton Sherman Terry Watt Bishop (UT) Flake Loebsack Rooney Shuster Van Hollen Shimkus Thompson (CA) Waxman Blackburn Fleming Lofgren, Zoe Ros-Lehtinen Simpson Vela´ zquez Shuler Thompson (MS) Weiner Blumenauer Forbes Lowey Roskam Sires Visclosky Shuster Thompson (PA) Welch Blunt Fortenberry Lucas Ross Skelton Walden Simpson Thornberry Westmoreland Rothman (NJ) Slaughter Boccieri Foster Luetkemeyer Walz Sires Tiahrt Wexler Roybal-Allard Smith (NE) Boehner Foxx Luja´ n Wamp Skelton Tiberi Whitfield Royce Smith (NJ) Bonner Frank (MA) Lummis Wasserman Slaughter Tierney Wilson (OH) Ruppersberger Smith (TX) Bono Mack Franks (AZ) Lungren, Daniel Schultz Smith (NE) Titus Wilson (SC) Rush Smith (WA) Boozman Frelinghuysen E. Waters Smith (NJ) Tonko Wittman Ryan (OH) Snyder Boren Fudge Lynch Watson Smith (TX) Towns Wolf Boswell Gallegly Mack Ryan (WI) Souder Smith (WA) Tsongas Woolsey Salazar Space Watt Boucher Garrett (NJ) Maffei Waxman Snyder Turner Wu Boustany Gerlach Maloney Sa´ nchez, Linda Spratt Souder Upton Yarmuth T. Stearns Weiner Boyd Giffords Manzullo Welch Space Van Hollen Young (AK) Brady (PA) Gingrey (GA) Marchant Sanchez, Loretta Stupak ´ Westmoreland Spratt Velazquez Young (FL) Brady (TX) Gohmert Markey (CO) Sarbanes Sullivan Scalise Sutton Wexler NOT VOTING—14 Braley (IA) Gonzalez Markey (MA) Whitfield Marshall Schakowsky Tanner Bright Goodlatte Wilson (OH) Cao Hinojosa Perriello Broun (GA) Gordon (TN) Massa Schauer Tauscher Wilson (SC) Cleaver McKeon Rush Brown (SC) Granger Matheson Schiff Taylor Wittman Davis (IL) Melancon Speier Brown, Corrine Graves Matsui Schmidt Teague Wolf Ehlers Miller, Gary Stark Brown-Waite, Grayson McCarthy (CA) Schock Terry Woolsey Hall (NY) Miller, George Ginny Green, Al McCarthy (NY) Schrader Thompson (CA) Schwartz Thompson (MS) Wu Buchanan Griffith McCaul ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Scott (GA) Thompson (PA) Yarmuth Burgess Grijalva McClintock Scott (VA) Thornberry Young (AK) The SPEAKER pro tempore (during Burton (IN) Guthrie McCollum Sensenbrenner Tiahrt Young (FL) the vote). Two minutes remain in this Butterfield Hall (TX) McCotter vote. Buyer Halvorson McDermott NOT VOTING—15 Calvert Hare McGovern Camp Harman McHenry Cao Hall (NY) Miller, George b 1205 Campbell Harper McHugh Davis (IL) Hinojosa Perriello Ehlers McKeon Rodriguez So (two-thirds being in the affirma- Cantor Hastings (FL) McIntyre Capito Hastings (WA) McMahon Green, Gene Melancon Speier tive) the rules were suspended and the Gutierrez Miller, Gary Stark Capps Heinrich McMorris resolution was agreed to. Capuano Heller Rodgers ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The result of the vote was announced Cardoza Hensarling McNerney The SPEAKER pro tempore (during as above recorded. Carnahan Herger Meek (FL) Meeks (NY) the vote). Two minutes remain in this A motion to reconsider was laid on Carney Herseth Sandlin Carson (IN) Higgins Mica vote. the table. Carter Hill Michaud Cassidy Himes Miller (FL) f Castle Hinchey Miller (MI) b 1213 Castor (FL) Hirono Miller (NC) So (two-thirds being in the affirma- SUPPORTING THE GOALS AND Chaffetz Hodes Minnick tive) the rules were suspended and the IDEALS OF MULTIPLE SCLE- Chandler Hoekstra Mitchell concurrent resolution was agreed to. ROSIS AWARENESS WEEK Childers Holden Mollohan Clarke Holt Moore (KS) The result of the vote was announced The SPEAKER pro tempore. The un- Clay Honda Moore (WI) as above recorded. Cleaver Hoyer Moran (KS) finished business is the question on Clyburn Hunter Moran (VA) A motion to reconsider was laid on suspending the rules and agreeing to Coble Inglis Murphy (CT) the table. the concurrent resolution, H. Con. Res. Coffman (CO) Inslee Murphy, Patrick Stated for: 14. Cohen Israel Murphy, Tim Cole Issa Murtha Mr. GENE GREEN of Texas. Mr. Speaker, The Clerk read the title of the con- Conaway Jackson (IL) Myrick on rollcall No. 99, had I been present, I would current resolution. Connolly (VA) Jackson-Lee Nadler (NY) have voted ‘‘aye.’’ The SPEAKER pro tempore. The Conyers (TX) Napolitano Cooper Jenkins Neal (MA) f question is on the motion offered by Costa Johnson (GA) Neugebauer the gentlewoman from California (Mrs. Costello Johnson (IL) Nunes CAPPS) that the House suspend the Courtney Johnson, E. B. Nye PERSONAL EXPLANATION rules and agree to the concurrent reso- Crenshaw Johnson, Sam Oberstar Crowley Jones Obey Mr. GEORGE MILLER of California. Mr. lution, H. Con. Res. 14. Cuellar Jordan (OH) Olson Speaker, as Chairman of the Committee on The question was taken. Culberson Kagen Olver Education and Labor, I was called to the The SPEAKER pro tempore. In the Cummings Kanjorski Ortiz Dahlkemper Kaptur Pallone White House for a series of meetings with the opinion of the Chair, two-thirds being Davis (AL) Kennedy Pascrell President on health care reform. Accordingly, in the affirmative, the ayes have it. Davis (CA) Kildee Pastor (AZ) I missed two votes, that on H. Res. 146 (roll- RECORDED VOTE Davis (KY) Kilpatrick (MI) Paul call vote No. 98) and H. Con. Res. 14 (rollcall Davis (TN) Kilroy Paulsen Mr. SCHAUER. Mr. Speaker, I de- Deal (GA) Kind Payne vote No. 99). Had I been present, I would mand a recorded vote. DeFazio King (IA) Pence have voted in favor of both resolutions. A recorded vote was ordered. DeGette King (NY) Perlmutter Delahunt Kingston Peters f The SPEAKER pro tempore. This DeLauro Kirk Peterson will be a 5-minute vote. Dent Kirkpatrick (AZ) Petri The vote was taken by electronic de- Diaz-Balart, L. Kissell Pingree (ME) GENERAL LEAVE vice, and there were—ayes 416, noes 0, Diaz-Balart, M. Klein (FL) Pitts Ms. ZOE LOFGREN of California. Mr. Dicks Kline (MN) Platts not voting 15, as follows: Dingell Kosmas Poe (TX) Speaker, I ask unanimous consent that [Roll No. 99] Doggett Kratovil Polis all Members be granted 5 legislative Donnelly (IN) Kucinich Pomeroy days to revise and extend their re- AYES—416 Doyle Lamborn Posey Abercrombie Andrews Baldwin Dreier Lance Price (GA) marks on H.R. 1106, as well as to in- Ackerman Arcuri Barrett (SC) Driehaus Langevin Price (NC) clude extraneous material. Aderholt Austria Barrow Duncan Larsen (WA) Putnam The SPEAKER pro tempore. Is there Adler (NJ) Baca Bartlett Edwards (MD) Larson (CT) Radanovich objection to the request of the gentle- Akin Bachmann Barton (TX) Edwards (TX) Latham Rahall Alexander Bachus Bean Ellison LaTourette Rangel woman from California? Altmire Baird Becerra Ellsworth Latta Rehberg There was no objection.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.008 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H2997 HELPING FAMILIES SAVE THEIR Sec. 203. Requirements for FHA-approved hibiting, reducing, or delaying adjustments HOMES ACT OF 2009 mortgagees. to such rate of interest applicable on and Sec. 204. Enhancement of liquidity and sta- after the date of filing of the plan; The SPEAKER pro tempore. Pursu- bility of insured depository in- ‘‘(C) by modifying the terms and condi- ant to House Resolution 205 and rule stitutions to ensure avail- tions of such loan— XVIII, the Chair declares the House in ability of credit and reduction ‘‘(i) to extend the repayment period for a the Committee of the Whole House on of foreclosures. period that is no longer than the longer of 40 the State of the Union for the further TITLE I—PREVENTION OF MORTGAGE years (reduced by the period for which such consideration of the bill, H.R. 1106. FORECLOSURES loan has been outstanding) or the remaining Subtitle A—Modification of Residential term of such loan, beginning on the date of b 1215 Mortgages the order for relief under this chapter; and IN THE COMMITTEE OF THE WHOLE SEC. 101. ELIGIBILITY FOR RELIEF. ‘‘(ii) to provide for the payment of interest accruing after the date of the order for relief Accordingly, the House resolved Section 109 of title 11, United States Code, is amended— under this chapter at a fixed annual rate itself into the Committee of the Whole equal to the currently applicable average House on the State of the Union for the (1) by adding at the end of subsection (e) the following: ‘‘For purposes of this subprime offer rate as of the date of the order further consideration of the bill (H.R. section, the computation of debts shall not for relief under this chapter, corresponding 1106) to prevent mortgage foreclosures include the secured or unsecured portions to the repayment term determined under the and enhance mortgage credit avail- of— preceding paragraph, as published by the ability, with Mr. SALAZAR (Acting ‘‘(1) debts secured by the debtor’s principal Federal Financial Institutions Examination Chair) in the chair. residence if the value of such residence as of Council in its table entitled ‘Average Prime The Clerk read the title of the bill. the date of the order for relief under chapter Offer Rates—Fixed’, plus a reasonable premium for risk; and The Acting CHAIR. When the Com- 13 is less than the applicable maximum amount of noncontingent, liquidated, se- ‘‘(D) by providing for payments of such mittee of the Whole rose on Thursday, cured debts specified in this subsection; or modified loan directly to the holder of the February 26, 2009, all time for general ‘‘(2) debts secured or formerly secured by claim or, at the discretion of the court, debate pursuant to House Resolution what was the debtor’s principal residence through the trustee during the term of the 190 had expired. that was sold in foreclosure or that the debt- plan; and’’, and Pursuant to House Resolution 205, or surrendered to the creditor if the value of (2) by adding at the end the following: amendment No. 1, printed in House Re- such real property as of the date of the order ‘‘(g) A claim may be reduced under sub- port 111–21, shall be considered as per- for relief under chapter 13 was less than the section (b)(11)(A) only on the condition that fected by the modification printed in applicable maximum amount of noncontin- if the debtor sells the principal residence se- gent, liquidated, secured debts specified in curing such claim, before completing all pay- House Report 111–23. this subsection.’’, and ments under the plan (or, if applicable, be- Pursuant to House Resolution 190, (2) by adding at the end of subsection (h) fore receiving a discharge under section the bill shall be considered read for the following: 1328(b)) and receives net proceeds from the amendment under the 5-minute rule. ‘‘(5) The requirements of paragraph (1) sale of such residence, then the debtor agrees The text of the bill is as follows: shall not apply in a case under chapter 13 to pay to such holder not later than 15 days H.R. 1106 with respect to a debtor who submits to the after receiving such proceeds— court a certification that the debtor has re- Be it enacted by the Senate and House of Rep- ‘‘(1) if such residence is sold in the 1st year ceived notice that the holder of a claim se- occurring after the effective date of the plan, resentatives of the United States of America in cured by the debtor’s principal residence Congress assembled, 80 percent of the amount of the difference be- may commence a foreclosure on the debtor’s tween the sales price and the amount of such SECTION 1. SHORT TITLE; TABLE OF CONTENTS. principal residence.’’. claim as originally determined under section (a) SHORT TITLE.—This Act may be cited as SEC. 102. PROHIBITING CLAIMS ARISING FROM 1322(b)(11) (plus costs of sale and improve- ‘‘Helping Families Save Their Homes Act of VIOLATIONS OF THE TRUTH IN ments), but not to exceed the unpaid amount 2009’’. LENDING ACT. Section 502(b) of title 11, United States of the allowed secured claim determined as if (b) TABLE OF CONTENTS.—The table of con- such claim had not been reduced under such tents of this Act is the following: Code, is amended— (1) in paragraph (8) by striking ‘‘or’’ at the subsection; Sec. 1. Short title; table of contents. end, ‘‘(2) if such residence is sold in the 2d year TITLE I—PREVENTION OF MORTGAGE (2) in paragraph (9) by striking the period occurring after the effective date of the plan, FORECLOSURES at the end and inserting ‘‘; or’’, and 60 percent of the amount of the difference be- Subtitle A—Modification of Residential (3) by adding at the end the following: tween the sales price and the amount of such Mortgages ‘‘(10) the claim for a loan secured by a se- claim as originally determined under section 1322(b)(11) (plus costs of sale and improve- Sec. 101. Eligibility for relief. curity interest in the debtor’s principal resi- ments), but not to exceed the unpaid amount Sec. 102. Prohibiting claims arising from dence is subject to a remedy for rescission of the allowed secured claim determined as if violations of the Truth in Lend- under the Truth in Lending Act notwith- such claim had not been reduced under such ing Act. standing the prior entry of a foreclosure subsection; Sec. 103. Authority to modify certain mort- judgment, except that nothing in this para- ‘‘(3) if such residence is sold in the 3d year gages. graph shall be construed to modify, impair, Sec. 104. Combating excessive fees. or supersede any other right of the debtor.’’. occurring after the effective date of the plan, Sec. 105. Confirmation of plan. SEC. 103. AUTHORITY TO MODIFY CERTAIN 40 percent of the amount of the difference be- Sec. 106. Discharge. MORTGAGES. tween the sales price and the amount of such Sec. 107. Standing trustee fees. Section 1322 of title 11, United States Code, claim as originally determined under section Sec. 108. Effective date; application of is amended— 1322(b)(11) (plus costs of sale and improve- amendments. (1) in subsection (b)— ments), but not to exceed the unpaid amount of the allowed secured claim determined as if Subtitle B—Related Mortgage Modification (A) by redesignating paragraph (11) as such claim had not been reduced under such Provisions paragraph (12), (B) in paragraph (10) by striking ‘‘and’’ at subsection; and Sec. 121. Adjustments as a result of modi- the end, and ‘‘(4) if such residence is sold in the 4th year fication in bankruptcy of hous- (C) by inserting after paragraph (10) the occurring after the effective date of the plan, ing loans guaranteed by the de- following: 20 percent of the amount of the difference be- partment of veterans affairs. ‘‘(11) notwithstanding paragraph (2), with tween the sales price and the amount of such Sec. 122. Payment of FHA mortgage insur- respect to a claim for a loan originated be- claim as originally determined under section ance benefits. fore the effective date of this paragraph and 1322(b)(11) (plus costs of sale and improve- Sec. 123. Adjustments as result of modifica- secured by a security interest in the debtor’s ments), but not to exceed the unpaid amount tion of rural single family hous- principal residence that is the subject of a of the allowed secured claim determined as if ing loans in bankruptcy. notice that a foreclosure may be commenced such claim had not been reduced under such Sec. 124. Unenforceability of certain provi- with respect to such loan, modify the rights subsection. sion as being contrary to public of the holder of such claim (and the rights of ‘‘(h) With respect to a claim of the kind de- policy. the holder of any claim secured by a subordi- scribed in subsection (b)(11), the plan may TITLE II—FORECLOSURE MITIGATION nate security interest in such residence)— not contain a modification under the author- AND CREDIT AVAILABILITY ‘‘(A) by providing for payment of the ity of subsection (b)(11)— Sec. 201. Servicer safe harbor for mortgage amount of the allowed secured claim as de- ‘‘(1) in a case commenced under this chap- loan modifications. termined under section 506(a)(1); ter after the expiration of the 15-day period Sec. 202. Changes to HOPE for Homeowners ‘‘(B) if any applicable rate of interest is ad- beginning on the effective date of this sub- Program. justable under the terms of such loan by pro- section, unless—

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.030 H05MRPT1 smartinez on PROD1PC64 with HOUSE H2998 CONGRESSIONAL RECORD — HOUSE March 5, 2009 ‘‘(A) the debtor certifies that the debtor claim in accordance with section 1322(b)(11), (A) by redesignating paragraph (2) as sub- attempted, not less than 15 days before the the holder of a claim whose rights are modi- paragraph (A) of paragraph (2), and commencement of the case, to contact the fied pursuant to section 1322(b)(11) shall re- (2) by inserting after subparagraph (A) the holder of such claim (or the entity collecting tain the lien until the later of— following new subparagraph: payments on behalf of such holder) regarding ‘‘(A) the payment of such holder’s allowed ‘‘(B) In the event that a housing loan guar- modification of the loan that is the subject secured claim; or anteed under this chapter is modified under of such claim; or ‘‘(B) completion of all payments under the the authority provided under section 1322(b) ‘‘(B) a foreclosure sale is scheduled to plan (or, if applicable, receipt of a discharge of title 11, United States Code, the Secretary occur on a date in the 30-day period begin- under section 1328(b)); and may pay the holder of the obligation the un- ning on the date the case is commenced; and ‘‘(11) whenever the plan modifies a claim in paid balance of the obligation due as of the ‘‘(2) in any other case pending under this accordance with section 1322(b)(11), the court date of the filing of the petition under title chapter, unless the debtor certifies that the finds that such modification is in good faith 11, United States Code, plus accrued interest, debtor attempted to contact the holder of and does not find that the debtor has been but only upon the assignment, transfer, and such claim (or the entity collecting pay- convicted of obtaining by actual fraud the delivery to the Secretary (in a form and ments on behalf of such holder) regarding extension, renewal, or refinancing of credit manner satisfactory to the Secretary) of all modification of the loan that is the subject that gives rise to a modified claim.’’. rights, interest, claims, evidence, and of such claim, before— SEC. 106. DISCHARGE. records with respect to the housing loan.’’. ‘‘(A) filing a plan under section 1321 that Section 1328(a) of title 11, United States (b) MATURITY OF HOUSING LOANS.—Para- contains a modification under the authority Code, is amended— graph (1) of section (d) of section 3703 of title of subsection (b)(11); or (1) by inserting ‘‘(other than payments to 38, United States Code, is amended by insert- ‘‘(B) modifying a plan under section 1323 or holders of claims whose rights are modified ing ‘‘at the time of origination’’ after 1329 to contain a modification under the au- under section 1322(b)(11))’’ after ‘‘paid’’, and ‘‘loan’’. thority of subsection (b)(11). (2) in paragraph (1) by inserting ‘‘or, to the (c) IMPLEMENTATION.—The Secretary of ‘‘(i) In determining the holder’s allowed se- extent of the unpaid portion of an allowed Veterans Affairs may implement the amend- cured claim under section 506(a)(1) for pur- ments made by this section through notice, poses of subsection (b)(11)(A), the value of secured claim, provided for in section procedure notice, or administrative notice. the debtor’s principal residence shall be the 1322(b)(11)’’ after ‘‘1322(b)(5)’’. fair market value of such residence on the SEC. 107. STANDING TRUSTEE FEES. SEC. 122. PAYMENT OF FHA MORTGAGE INSUR- date such value is determined.’’. (a) AMENDMENT TO TITLE 28.—Section ANCE BENEFITS. SEC. 104. COMBATING EXCESSIVE FEES. 586(e)(1)(B)(i) of title 28, United States Code, (a) IN GENERAL.—Subsection (a) of section Section 1322(c) of title 11, United States is amended— 204 of the National Housing Act (12 U.S.C. Code, is amended— (1) by inserting ‘‘(I) except as provided in 1710(a)) is amended— (1) in paragraph (1) by striking ‘‘and’’ at subparagraph (II)’’ after ‘‘(i)’’, (1) in paragraph (1), by adding at the end the end, (2) by striking ‘‘or’’ at the end and insert- the following new subparagraph: (2) in paragraph (2) by striking the period ing ‘‘and’’, and ‘‘(E) MODIFICATION OF MORTGAGE IN BANK- at the end and inserting a semicolon, and (3) by adding at the end the following: RUPTCY.— (3) by adding at the end the following: ‘‘(II) 4 percent with respect to payments ‘‘(i) AUTHORITY.—If an order is entered ‘‘(3) the debtor, the debtor’s property, and received under section 1322(b)(11) of title 11 under the authority provided under section property of the estate are not liable for a fee, by the individual as a result of the operation 1322(b) of title 11, United States Code, that cost, or charge that is incurred while the of section 1322(b)(11)(D) of title 11, unless the (a) determines the amount of an allowed se- case is pending and arises from a debt that is bankruptcy court waives all fees with re- cured claim under a mortgage in accordance secured by the debtor’s principal residence spect to such payments based on a deter- with section 506(a)(1) of title 11, United except to the extent that— mination that such individual has income States Code, and the amount of such allowed ‘‘(A) the holder of the claim for such debt less than 150 percent of the income official secured claim is less than the amount due files with the court and serves on the trust- poverty line (as defined by the Office of Man- under the mortgage as of the date of the fil- ee, the debtor, and the debtor’s attorney (an- agement and Budget, and revised annually in ing of the petition under title 11, United nually or, in order to permit filing con- accordance with section 673(2) of the Omni- States Code, or (b) reduces the interest to be sistent with clause (ii), at such more fre- bus Budget Reconciliation Act of 1981) appli- paid under a mortgage in accordance with quent periodicity as the court determines cable to a family of the size involved and section 1325 of such title, the Secretary may necessary) notice of such fee, cost, or charge payment of such fees would render the debt- pay insurance benefits for the mortgage as before the earlier of— or’s plan infeasible.’’. follows: ‘‘(i) 1 year after such fee, cost, or charge is (b) CONFORMING PROVISION.—The amend- ‘‘(I) FULL PAYMENT AND ASSIGNMENT.—The incurred; or ments made by this section shall apply to Secretary may pay the insurance benefits for ‘‘(ii) 60 days before the closing of the case; any trustee to whom the provisions of sec- the mortgage, but only upon the assignment, and tion 302(d)(3) of the Bankruptcy Judges, transfer, and delivery to the Secretary of all ‘‘(B) such fee, cost, or charge— United States Trustees, and Family Farmer rights, interest, claims, evidence, and ‘‘(i) is lawful under applicable nonbank- Bankruptcy Act of 1986 (Public Law 99–554; records with respect to the mortgage speci- ruptcy law, reasonable, and provided for in 100 Stat. 3121) apply. fied in clauses (i) through (iv) of paragraph the applicable security agreement; and SEC. 108. EFFECTIVE DATE; APPLICATION OF (1)(A). The insurance benefits shall be paid in ‘‘(ii) is secured by property the value of AMENDMENTS. the amount equal to the original principal which is greater than the amount of such (a) EFFECTIVE DATE.—Except as provided in obligation of the mortgage (with such addi- claim, including such fee, cost, or charge; subsection (b), this subtitle and the amend- tions and deductions as the Secretary deter- ‘‘(4) the failure of a party to give notice de- ments made by this subtitle shall take effect mines are appropriate) which was unpaid scribed in paragraph (3) shall be deemed a on the date of the enactment of this Act. upon the date of the filing of by the mort- waiver of any claim for fees, costs, or (b) APPLICATION OF AMENDMENTS.— gagor of the petition under title 11 of the charges described in paragraph (3) for all (1) IN GENERAL.—Except as provided in United States Code. Nothing in this Act may purposes, and any attempt to collect such paragraph (2), the amendments made by this be construed to prevent the Secretary from fees, costs, or charges shall constitute a vio- subtitle shall apply with respect to cases providing insurance under this title for a lation of section 524(a)(2) or, if the violation commenced under title 11 of the United mortgage that has previously been assigned occurs before the date of discharge, of sec- States Code before, on, or after the date of to the Secretary under this subclause. The tion 362(a); and the enactment of this Act. decision of whether to utilize the authority ‘‘(5) a plan may provide for the waiver of (2) LIMITATION.—Paragraph (1) shall not under this subclause for payment and assign- any prepayment penalty on a claim secured apply with respect to cases closed under title ment shall be at the election of the mort- by the debtor’s principal residence.’’. 11 of the United States Code as of the date of gagee, subject to such terms and conditions SEC. 105. CONFIRMATION OF PLAN. the enactment of this Act that are neither as the Secretary may establish. Section 1325(a) of title 11, United States pending on appeal in, nor appealable to, any ‘‘(II) ASSIGNMENT OF UNSECURED CLAIM.— Code, is amended— court of the United States. The Secretary may make a partial payment (1) in paragraph (5) by inserting ‘‘except as Subtitle B—Related Mortgage Modification of the insurance benefits for any unsecured otherwise provided in section 1322(b)(11),’’ Provisions claim under the mortgage, but only upon the after ‘‘(5)’’, assignment to the Secretary of any unse- SEC. 121. ADJUSTMENTS AS A RESULT OF MODI- (2) in paragraph (8) by striking ‘‘and’’ at FICATION IN BANKRUPTCY OF cured claim of the mortgagee against the the end, HOUSING LOANS GUARANTEED BY mortgagor or others arising out of such (3) in paragraph (9) by striking the period THE DEPARTMENT OF VETERANS order. Such assignment shall be deemed at the end and inserting a semicolon, and AFFAIRS. valid irrespective of whether such claim has (4) by inserting after paragraph (9) the fol- (a) IN GENERAL.—Subsection (a) of section been or will be discharged under title 11 of lowing: 3732 of title 38, United States Code is amend- the United States Code. The insurance bene- ‘‘(10) notwithstanding subclause (I) of para- ed— fits shall be paid in the amount specified in graph (5)(B)(i), whenever the plan modifies a (1) in subsection (a)— subclause (I) of this clause, as such amount

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.032 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H2999 is reduced by the amount of the allowed se- cent of the unpaid principal balance of the (A) any person, based on that person’s own- cured claim. Such allowed secured claim mortgage’’. ership of a residential mortgage loan or any shall continue to be insured under section (c) IMPLEMENTATION.—The Secretary of interest in a pool of residential mortgage 203. Housing and Urban Development may imple- loans or in securities that distribute pay- ‘‘(III) INTEREST PAYMENTS.—The Secretary ment the amendments made by this section ments out of the principal, interest and may make periodic payments, or a one-time through notice or mortgagee letter. other payments in loans on the pool; payment, of insurance benefits for interest SEC. 123. ADJUSTMENTS AS RESULT OF MODI- (B) any person who is obligated pursuant payments that are reduced pursuant to such FICATION OF RURAL SINGLE FAMILY to a derivatives instrument to make pay- order, as determined by the Secretary, but HOUSING LOANS IN BANKRUPTCY. ments determined in reference to any loan or only upon assignment to the Secretary of all (a) GUARANTEED RURAL HOUSING LOANS.— any interest referred to in subparagraph (A); rights and interest related to such payments. Subsection (h) of section 502 of the Housing or ‘‘(ii) DELIVERY OF EVIDENCE OF ENTRY OF Act of 1949 (42 U.S.C. 1472(h)) is amended— (C) any person that insures any loan or any ORDER.—Notwithstanding any other provi- (1) in paragraph (7)— interest referred to in subparagraph (A) sion of this paragraph, no insurance benefits (A) in subparagraph (A), by inserting be- under any law or regulation of the United may be paid pursuant to this subparagraph fore the period at the end the following: ‘‘, States or any law or regulation of any State for a mortgage before delivery to the Sec- unless the maturity date of the loan is modi- or political subdivision of any State. retary of evidence of the entry of the order fied in a bankruptcy proceeding or at the dis- (2) ABILITY TO MODIFY MORTGAGES.— issued pursuant to title 11, United States cretion of the Secretary’’; and (A) ABILITY.—Notwithstanding any other Code, in a form satisfactory to the Sec- (B) in subparagraph (B), by inserting before provision of law, and notwithstanding any retary.’’; the semicolon the following: ‘‘, unless such investment contract between a servicer and (2) in paragraph (5), in the matter pre- rate is modified in a bankruptcy pro- a securitization vehicle or investor, a ceding subparagraph (A), by inserting after ceeding’’; servicer— ‘‘section 520, and’’ the following: ‘‘, except as (2) by redesignating paragraphs (13) and (i) shall not be limited in the ability to provided in paragraph (1)(E),’’; and (14) as paragraphs (14) and (15), respectively; modify mortgages, the number of mortgages (3) by adding at the end the following new and that can be modified, the frequency of loan paragraph: (3) by inserting after paragraph (12) the fol- modifications, or the range of permissible ‘‘(10) LOAN MODIFICATION PROGRAM.— lowing new paragraph: modifications; and ‘‘(A) AUTHORITY.—The Secretary may ‘‘(13) PAYMENT OF GUARANTEE.—In addition (ii) shall not be obligated to repurchase carry out a program solely to encourage loan to all other authorities to pay a guarantee loans from or otherwise make payments to modifications for eligible delinquent mort- claim, the Secretary may also pay the guar- the securitization vehicle on account of a gages through the payment of insurance ben- anteed portion of any losses incurred by the modification, workout, or other loss mitiga- efits and assignment of the mortgage to the holder of a note or the servicer resulting tion plan for a residential mortgage or a Secretary and the subsequent modification from a modification of a note by a bank- class of residential mortgages that con- of the terms of the mortgage according to a ruptcy proceeding.’’. stitute a part or all of the mortgages in the loan modification approved by the mort- (b) INSURED RURAL HOUSING LOANS.—Sub- securitization vehicle, gagee. section (j) of section 517 of the Housing Act if any mortgage so modified meets all of the ‘‘(B) PAYMENT OF BENEFITS AND ASSIGN- of 1949 (42 U.S.C. 1487(j)) is amended— MENT.—Under the program under this para- criteria set forth in subparagraph (B). (1) by redesignating paragraphs (2) through (B) CRITERIA.—The criteria under this sub- graph, the Secretary may pay insurance ben- (7) as paragraphs (3) through (8), respec- efits for a mortgage, in the amount deter- paragraph with respect to a mortgage are as tively; and follows: mined in accordance with paragraph (5)(A), (2) by inserting after paragraph (1) the fol- without reduction for any amounts modified, (i) Default on the payment of such mort- lowing new paragraph: gage has occurred or is reasonably foresee- but only upon the assignment, transfer, and ‘‘(2) to pay for losses incurred by holders or delivery to the Secretary of all rights, inter- able. servicers in the event of a modification pur- est, claims, evidence, and records with re- (ii) The property securing such mortgage is suant to a bankruptcy proceeding;’’. spect to the mortgage specified in clauses (i) occupied by the mortgagor of such mortgage. (c) IMPLEMENTATION.—The Secretary of Ag- (iii) The servicer reasonably and in good through (iv) of paragraph (1)(A). riculture may implement the amendments ‘‘(C) DISPOSITION.—After modification of a faith believes that the anticipated recovery made by this section through notice, proce- on the principal outstanding obligation of mortgage pursuant to this paragraph, the dure notice, or administrative notice. Secretary may provide insurance under this the mortgage under the particular modifica- title for the mortgage. The Secretary may SEC. 124. UNENFORCEABILITY OF CERTAIN PRO- tion or workout plan or other loss mitiga- VISION AS BEING CONTRARY TO tion action will exceed, on a net present subsequently— PUBLIC POLICY. value basis, the anticipated recovery on the ‘‘(i) re-assign the mortgage to the mort- No provision in any investment contract gagee under terms and conditions as are principal outstanding obligation of the mort- between a servicer and a securitization vehi- gage to be realized through foreclosure. agreed to by the mortgagee and the Sec- cle or investor in effect as of the date of en- retary; (3) APPLICABILITY.—This subsection shall actment of this Act that requires excess apply only with respect to modifications, ‘‘(ii) act as a Government National Mort- bankruptcy losses that exceed a certain dol- gage Association issuer, or contract with an workouts, and other loss mitigation plans lar amount on residential mortgages to be initiated before January 1, 2012. entity for such purpose, in order to pool the borne by classes of certificates on a pro rata mortgage into a Government National Mort- basis that refers to types of bankruptcy (b) REPORTING.—Each servicer that engages gage Association security; or losses that could not have been incurred in loan modifications or workout plans sub- ‘‘(iii) re-sell the mortgage in accordance under the law in effect at the time such con- ject to the safe harbor in subsection (a) shall with any program that has been established tract was entered into shall be enforceable, report to the Secretary on a regular basis re- for purchase by the Federal Government of as such provision shall be contrary to public garding the extent, scope and results of the mortgages insured under this title, and the policy. Notwithstanding this section, such servicer’s modification activities. The Sec- Secretary may coordinate standards for in- reference to types of bankruptcy losses that retary shall prescribe regulations specifying terest rate reductions available for loan could have been incurred under the law in ef- the form, content, and timing of such re- modification with interest rates established fect at the time such contract was entered ports. for such purchase. into shall be enforceable. (c) DEFINITION OF SECURITIZATION VEHI- ‘‘(D) LOAN SERVICING.—In carrying out the CLES.—For purposes of this section, the term program under this section, the Secretary TITLE II—FORECLOSURE MITIGATION AND CREDIT AVAILABILITY ‘‘securitization vehicle’’ means a trust, cor- may require the existing servicer of a mort- poration, partnership, limited liability enti- gage assigned to the Secretary under the SEC. 201. SERVICER SAFE HARBOR FOR MORT- ty, special purpose entity, or other structure GAGE LOAN MODIFICATIONS. program to continue servicing the mortgage that— (a) SAFE HARBOR.— as an agent of the Secretary during the pe- (1) is the issuer, or is created by the issuer, (1) LOAN MODIFICATIONS AND WORKOUT riod that the Secretary acquires and holds of mortgage pass-through certificates, par- PLANS.—Notwithstanding any other provi- the mortgage for the purpose of modifying ticipation certificates, mortgage-backed se- sion of law, and notwithstanding any invest- the terms of the mortgage. If the mortgage curities, or other similar securities backed ment contract between a servicer and a is resold pursuant to subparagraph (C)(iii), by a pool of assets that includes residential securitization vehicle or investor, a servicer the Secretary may provide for the existing mortgage loans; and that acts consistent with the duty set forth servicer to continue to service the mortgage (2) holds such mortgages. or may engage another entity to service the in section 129A(a) of Truth in Lending Act mortgage.’’. (15 U.S.C. 1639a) shall not be liable for enter- SEC. 202. CHANGES TO HOPE FOR HOMEOWNERS PROGRAM. (b) AMENDMENT TO PARTIAL CLAIM AUTHOR- ing into a loan modification, workout, or ITY.—Paragraph (1) of section 230(b) of the other loss mitigation plan, including, but (a) PROGRAM CHANGES.—Section 257 of the National Housing Act (12 U.S.C. 1715u(b)(1)) not limited to, disposition with respect to National Housing Act (12 U.S.C. 1715z–23) is is amended by striking ‘‘12 of the monthly any such mortgage that meets all of the cri- amended— mortgage payments’’ and inserting ‘‘30 per- teria set forth in paragraph (2)(B) to— (1) in subsection (c)—

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.032 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3000 CONGRESSIONAL RECORD — HOUSE March 5, 2009 (A) in the heading for paragraph (1), by (B) in paragraph (1), in the matter pre- shall not have any officer, partner, director, striking ‘‘THE BOARD’’ and inserting ‘‘SEC- ceding subparagraph (A), by striking ‘‘such principal, or employee of the applicant mort- RETARY’’; sale or refinancing’’ and inserting ‘‘the mortgagee who is— (B) in paragraph (1), by striking ‘‘Board’’ gage being insured under this section’’; and ‘‘(A) currently suspended, debarred, under inserting ‘‘Secretary, after consultation with (C) in paragraph (2), by striking ‘‘and the a limited denial of participation (LDP), or the Board,’’; and mortgagor’’ and all that follows through the otherwise restricted under part 24 or 25 of (C) by adding after paragraph (2) the fol- end and inserting ‘‘may, upon any sale or title 24 of the Code of Federal Regulations, lowing: disposition of the property to which the or any successor regulations to such parts, ‘‘(3) DUTIES OF BOARD.—The Board shall ad- mortgage relates, be entitled to up to 50 per- or under similar provisions of any other Fed- vise the Secretary regarding the establish- cent of appreciation, up to the appraised eral agency; ment and implementation of the HOPE for value of the home at the time when the ‘‘(B) under indictment for, or has been con- Homeowners Program.’’. mortgage being refinanced under this section victed of, an offense that reflects adversely (2) by striking ‘‘Board’’ each place such was originally made. The Secretary may upon the applicant’s integrity, competence term appears in subsections (e), (h)(1), (h)(3), share any amounts received under this para- or fitness to meet the responsibilities of an (j), (l), (n), (s)(3), and (v) and inserting ‘‘Sec- graph with the holder of the eligible mort- approved mortgagee; retary’’; gage refinanced under this section.’’; ‘‘(C) subject to unresolved findings con- (3) in subsection (e)— (7) in the heading for subsection (n), by tained in a Department of Housing and (A) by striking paragraph (1) and inserting striking ‘‘THE BOARD’’ and inserting ‘‘SEC- Urban Development or other governmental the following: RETARY’’; audit, investigation, or review; ‘‘(1) BORROWER CERTIFICATION.— (8) in subsection (p), by striking ‘‘Under ‘‘(D) engaged in business practices that do ‘‘(A) NO INTENTIONAL DEFAULT OR FALSE IN- the direction of the Board, the’’ and insert- not conform to generally accepted practices FORMATION.—The mortgagor shall provide a ing ‘‘The’’; of prudent mortgagees or that demonstrate certification to the Secretary that the mort- (9) in subsection (s)— irresponsibility; gagor has not intentionally defaulted on the (A) in the first sentence of paragraph (2), ‘‘(E) convicted of, or who has pled guilty or existing mortgage or mortgages and has not by striking ‘‘Board of Directors of’’ and in- nolo contendre to, a felony related to par- knowingly, or willfully and with actual serting ‘‘Advisory Board for’’; and ticipation in the real estate or mortgage knowledge, furnished material information (B) in paragraph (3)(A)(ii), by striking loan industry— known to be false for the purpose of obtain- ‘‘subsection (e)(1)(B) and such other’’ and in- ‘‘(i) during the 7-year period preceding the ing the eligible mortgage to be insured. serting ‘‘such’’; date of the application for licensing and reg- ‘‘(B) LIABILITY FOR REPAYMENT.—The mort- (10) in subsection (v), by inserting after the istration; or gagor shall agree in writing that the mort- period at the end the following: ‘‘The Sec- ‘‘(ii) at any time preceding such date of ap- gagor shall be liable to repay to the Sec- retary shall conform documents, forms, and plication, if such felony involved an act of retary any direct financial benefit achieved procedures for mortgages insured under this fraud, dishonesty, or a breach of trust, or from the reduction of indebtedness on the ex- section to those in place for mortgages in- money laundering; isting mortgage or mortgages on the resi- sured under section 203(b) to the maximum ‘‘(F) in violation of provisions of the dence refinanced under this section derived extent possible consistent with the require- S.A.F.E. Mortgage Licensing Act of 2008 (12 from misrepresentations made by the mort- ments of this section.’’; and U.S.C. 5101 et seq.) or any applicable provi- gagor in the certifications and documenta- (11) by adding at the end the following new sion of State law; or tion required under this paragraph, subject subsections: ‘‘(G) in violation of any other requirement to the discretion of the Secretary.’’; ‘‘(x) PAYMENT TO EXISTING LOAN as established by the Secretary.’’; and (B) in paragraph (7), by striking the semi- SERVICER.—The Secretary may establish a (3) by adding at the end the following new colon and all that follows through ‘‘new sec- payment to the servicer of the existing sen- subsection: ond lien’’; ior mortgage for every loan insured under ‘‘(h) USE OF NAME.—The Secretary shall, (C) in paragraph (9)— the HOPE for Homeowners Program in an by regulation, require each mortgagee approved by the Secretary for participation in (i) by striking ‘‘by procuring (A) an income amount, for each such loan, that does not ex- the FHA mortgage insurance programs of tax return transcript of the income tax re- ceed $1,000. ‘‘(y) AUCTIONS.—The Secretary, with the the Secretary— turn of the mortgagor, or (B)’’ and inserting concurrence of the Board, shall, if feasible, ‘‘(1) to use the business name of the mort- ‘‘in accordance with procedures and stand- establish a structure and organize proce- gagee that is registered with the Secretary ards that the Secretary shall establish, dures for an auction to refinance eligible in connection with such approval in all ad- which may include requiring the mortgagee mortgages on a wholesale or bulk basis.’’. vertisements and promotional materials, as to procure’’; and (b) REDUCING TARP FUNDS TO OFFSET such terms are defined by the Secretary, re- (ii) by striking ‘‘and by any other method, COSTS OF PROGRAM CHANGES.—Paragraph (3) lating to the business of such mortgagee in in accordance with procedures and standards of section 115(a) of the Emergency Economic such mortgage insurance programs; and that the Board shall establish’’; and Stabilization Act of 2008 (12 U.S.C. 5225) is ‘‘(2) to maintain copies of all such adver- (D) by adding after paragraph (11) the fol- amended by inserting ‘‘, as such amount is tisements and promotional materials, in lowing new paragraph: reduced by $2,316,000,000,’’ after such form and for such period as the Sec- ‘‘(12) BAN ON MILLIONAIRES.—The mort- ‘‘$700,000,000,000’’. retary requires.’’. gagor shall not have a net worth, as of the SEC. 203. REQUIREMENTS FOR FHA-APPROVED (c) CHANGE OF STATUS.—The National date the mortgagor first applies for a mort- MORTGAGEES. Housing Act is amended by striking section gage to be insured under the Program under (a) MORTGAGEE REVIEW BOARD.—Paragraph 532 (12 U.S.C. 1735f–10) and inserting the fol- this section, that exceeds $1,000,000.’’; (2) of section 202(c) of the National Housing lowing new section: (4) in subsection (h)(2)— Act (12 U.S.C. 1708(c)) is amended— ‘‘SEC. 532. CHANGE OF MORTGAGEE STATUS. (A) by striking ‘‘The Board shall prohibit (1) in subparagraph (E), by inserting ‘‘and’’ ‘‘(a) NOTIFICATION.—Upon the occurrence of the Secretary from paying’’ and inserting after the semicolon; any action described in subsection (b), an ap- ‘‘The Secretary shall not pay’’; and (2) in subparagraph (F), by striking ‘‘; and’’ proved mortgagee shall immediately submit (B) by inserting after the period at the end and inserting a period; and to the Secretary, in writing, notification of the following: ‘‘In implementing this provi- (3) by striking subparagraph (G). such occurrence. sion with respect to a failure by a mortgagor (b) LIMITATIONS ON PARTICIPATION AND ‘‘(b) ACTIONS.—The actions described in to make a first payment, the Secretary shall MORTGAGEE APPROVAL AND USE OF NAME.— this subsection are as follows: establish policies and timing of endorse- Section 202 of the National Housing Act (12 ‘‘(1) The debarment, suspension of a Lim- ments as consistent as is possible with en- U.S.C. 1708) is amended— ited Denial of Participation (LDP), or appli- dorsement policies established with respect (1) by redesignating subsections (d), (e), cation of other sanctions, fines, or penalties to mortgages insured under section 203(b)’’; and (f) as subsections (e), (f), and (g), respec- applied to the mortgagee or to any officer, (5) in subsection (i)— tively; partner, director, principal, manager, super- (A) by inserting ‘‘, after weighing maxi- (2) by inserting after subsection (c) the fol- visor, loan processor, loan underwriter, or mization of participation with consideration lowing new subsection: loan originator of the mortgagee pursuant to of collection of premiums,’’ after ‘‘Secretary ‘‘(d) LIMITATIONS ON PARTICIPATION IN applicable provisions of State or Federal shall’’; ORIGINATION AND MORTGAGEE APPROVAL.— law. (B) in paragraph (1), by striking ‘‘equal to ‘‘(1) REQUIREMENT.—Any person or entity ‘‘(2) The revocation of a State-issued mort- 3 percent’’ and inserting ‘‘not more than 2 that is not approved by the Secretary to gage loan originator license issued pursuant percent’’; and serve as a mortgagee, as such term is defined to the S.A.F.E. Mortgage Licensing Act of (C) in paragraph (2), by striking ‘‘equal to in subsection (c)(7), shall not participate in 2008 (12 U.S.C. 5101 et seq.) or any other simi- 1.5 percent’’ and inserting ‘‘not more than 1 the origination of an FHA-insured loan ex- lar declaration of ineligibility pursuant to percent’’; cept as authorized by the Secretary. State law.’’. (6) in subsection (k)— ‘‘(2) ELIGIBILITY FOR APPROVAL.—In order (d) CIVIL MONEY PENALTIES.—Section 536 of (A) by striking the subsection heading and to be eligible for approval by the Secretary, the National Housing Act (12 U.S.C. 1735f–14) inserting ‘‘EXIT FEE’’; an applicant mortgagee shall not be, and is amended—

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.032 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3001 (1) in subsection (b)— (ii) by striking ‘‘, except that $250,000 shall clause (ii) and such other conditions as the (A) in paragraph (1)— be substituted for $100,000 wherever such Board determines to be appropriate. (i) in the matter preceding subparagraph term appears in such section’’; and ‘‘(ii) REQUIREMENTS OF RESTORATION (A), by inserting ‘‘or any of its owners, offi- (iii) by striking the closing quotation PLAN.—A Share Insurance Fund restoration cers, or directors’’ after ‘‘mortgagee or lend- mark after the closing parenthesis; and plan meets the requirements of this clause if er’’; (B) in paragraph (5), by striking ‘‘$100,000’’ the plan provides that the equity ratio of the (ii) in subparagraph (H), by striking ‘‘title and inserting ‘‘$250,000’’. Fund will meet or exceed the minimum I’’ and all that follows through ‘‘Act of 1989)’’ (3) REPEAL OF EESA PROVISION.—Section 136 amount specified in subparagraph (C) for the and inserting ‘‘title I or II’’; and of the Emergency Economic Stabilization designated equity ratio before the end of the (iii) by inserting after subparagraph (J) the Act (12 U.S.C. 5241) is hereby repealed. 5-year period beginning upon the implemen- following: (b) EXTENSION OF RESTORATION PLAN PE- tation of the plan (or such longer period as ‘‘(K) Violation of section 202(d) of this Act RIOD.—Section 7(b)(3)(E)(ii) of the Federal the Board may determine to be necessary (12 U.S.C. 1708(d)).’’; and Deposit Insurance Act (12 U.S.C. due to extraordinary circumstances). (B) in paragraph (2)— 1817(b)(3)(E)(ii)) is amended by striking ‘‘5- ‘‘(iii) TRANSPARENCY.—Not more than 30 (i) in subparagraph (B), by striking ‘‘or’’ at year period’’ and inserting ‘‘8-year period’’. days after the Board establishes and imple- the end; (c) FDIC AND NCUA BORROWING AUTHOR- ments a restoration plan under clause (i), the (ii) in subparagraph (C), by striking the pe- ITY.— Board shall publish in the Federal Register a riod at the end and inserting ‘‘; or’’; and (1) FDIC.—Section 14(a) of the Federal De- detailed analysis of the factors considered (iii) by adding at the end the following new posit Insurance Act (12 U.S.C. 1824(a)) is and the basis for the actions taken with re- subparagraph: amended by striking ‘‘$30,000,000,000’’ and in- gard to the plan.’’. ‘‘(D) causing or participating in any of the serting ‘‘$100,000,000,000’’. The Acting CHAIR. No amendment violations set forth in paragraph (1) of this (2) NCUA.—Section 203(d)(1) of the Federal to the bill is in order except those subsection.’’; and Credit Union Act (12 U.S.C. 1783(d)(1)) is printed in House Report 111–21. Each (2) in subsection (g), by striking ‘‘The amended by striking ‘‘$100,000,000’’ and in- term’’ and all that follows through the end serting ‘‘$6,000,000,000’’. amendment may be offered only in the of the sentence and inserting ‘‘For purposes (d) EXPANDING SYSTEMIC RISK SPECIAL AS- order printed in the report, by a Mem- of this section, a person acts knowingly SESSMENTS.—Section 13(c)(4)(G)(ii) of the ber designated in the report, shall be when a person has actual knowledge of acts Federal Deposit Insurance Act (12 U.S.C. considered read, shall be debatable for or should have known of the acts.’’. 1823(c)(4)(G)(ii)) is amended to read as fol- the time specified in the report, equal- (e) EXPANDED REVIEW OF FHA MORTGAGEE lows: ly divided and controlled by the pro- APPLICANTS AND NEWLY APPROVED MORTGA- ‘‘(ii) REPAYMENT OF LOSS.— ponent and an opponent of the amend- GEES.—Not later than the expiration of the 3- ‘‘(I) IN GENERAL.—The Corporation shall re- ment, shall not be subject to amend- month period beginning upon the date of the cover the loss to the Deposit Insurance Fund ment, and shall not be subject to a de- arising from any action taken or assistance enactment of this Act, the Secretary of mand for division of the question. Housing and Urban Development shall— provided with respect to an insured deposi- (1) expand the existing process for review- tory institution under clause (i) from 1 or AMENDMENT NO. 1 OFFERED BY MS. ZOE ing new applicants for approval for partici- more special assessments on insured deposi- LOFGREN OF CALIFORNIA, AS MODIFIED pation in the mortgage insurance programs tory institutions, depository institution The Acting CHAIR. It is now in order of the Secretary for mortgages on 1- to 4- holding companies (with the concurrence of to consider amendment No. 1 printed in family residences for the purpose of identi- the Secretary of the Treasury with respect House Report 111–21, as perfected by fying applicants who represent a high risk to to holding companies), or both, as the Cor- the modification printed in House Re- the Mutual Mortgage Insurance Fund; and poration determines to be appropriate. port 111–23. (2) implement procedures that, for mortga- ‘‘(II) TREATMENT OF DEPOSITORY INSTITU- Ms. ZOE LOFGREN of California. I gees approved during the 12-month period TION HOLDING COMPANIES.—For purposes of have this amendment at the desk. ending upon such date of enactment— this clause, sections 7(c)(2) and 18(h) shall The Acting CHAIR. The Clerk will (A) expand the number of mortgages origi- apply to depository institution holding companies as if they were insured depository in- designate the amendment. nated by such mortgagees that are reviewed The text of the amendment is as fol- for compliance with applicable laws, regula- stitutions. tions, and policies; and ‘‘(III) REGULATIONS.—The Corporation shall lows: (B) include a process for random reviews of prescribe such regulations as it deems nec- Amendment No. 1 offered by Ms. ZOE such mortgagees and a process for reviews essary to implement this clause. In pre- LOFGREN of California, as modified: that is based on volume of mortgages origi- scribing such regulations, defining terms, In the table of contents of the bill, in the nated by such mortgagees. and setting the appropriate assessment rate item relating to section 121, strike ‘‘depart- or rates, the Corporation shall establish ment of veterans affairs’’ and insert ‘‘De- SEC. 204. ENHANCEMENT OF LIQUIDITY AND STA- partment of Veterans Affairs’’. BILITY OF INSURED DEPOSITORY IN- rates sufficient to cover the losses incurred as a result of the actions of the Corporation Page 2, after line 6, insert the following STITUTIONS TO ENSURE AVAIL- (and make such technical and conforming ABILITY OF CREDIT AND REDUC- under clause (i) and shall consider: the types TION OF FORECLOSURES. of entities that benefit from any action changes as may be appropriate): SEC. 100. DEFINITION. (a) PERMANENT INCREASE IN DEPOSIT INSUR- taken or assistance provided under this sub- Section 101 of title 11, United States Code, ANCE.— paragraph; economic conditions, the effects is amended by inserting after paragraph (43) (1) AMENDMENTS TO FEDERAL DEPOSIT IN- on the industry, and such other factors as the Corporation deems appropriate and rel- the following (and make such technical and SURANCE ACT.—Effective upon the date of the conforming changes as may be appropriate): enactment of this Act, section 11(a) of the evant to the action taken or the assistance provided. Any funds so collected that exceed ‘‘(43A) The term ‘qualified loan modifica- Federal Deposit Insurance Act (12 U.S.C. tion’ means a loan modification agreement actual losses shall be placed in the Deposit 1821(a)) is amended— made in accordance with the guidelines of Insurance Fund.’’. (A) in paragraph (1)(E), by striking the Obama Administration’s Homeowner Af- (e) ESTABLISHMENT OF A NATIONAL CREDIT ‘‘$100,000’’ and inserting ‘‘$250,000’’; fordability and Stability Plan as imple- UNION SHARE INSURANCE FUND RESTORATION (B) in paragraph (1)(F)(i), by striking mented March 4, 2009, that— PLAN PERIOD.—Section 202(c)(2) of the Fed- ‘‘2010’’ and inserting ‘‘2015’’; ‘‘(A) reduces the debtor’s payment (includ- eral Credit Union Act (12 U.S.C. 1782(c)(2)) is (C) in subclause (I) of paragraph (1)(F)(i), ing principal and interest, and payments for amended by adding at the end the following by striking ‘‘$100,000’’ and inserting real estate taxes, hazard insurance, mort- new subparagraph: ‘‘$250,000’’; gage insurance premium, homeowners’ asso- ‘‘(D) FUND RESTORATION PLANS.— (D) in subclause (II) of paragraph (1)(F)(i), ciation dues, ground rent, and special assess- ‘‘(i) IN GENERAL.—Whenever— by striking ‘‘the calendar year preceding the ments) on a loan secured by a senior security ‘‘(I) the Board projects that the equity date this subparagraph takes effect under interest in the principal residence of the ratio of the Fund will, within 6 months of the Federal Deposit Insurance Reform Act of debtor, to a percentage of the debtor’s in- such determination, fall below the minimum 2005’’ and inserting ‘‘calendar year 2008’’; and come in accordance with such guidelines, amount specified in subparagraph (C) for the (E) in paragraph (3)(A), by striking ‘‘, ex- without any period of negative amortization designated equity ratio; or cept that $250,000 shall be substituted for or under which the aggregate amount of the ‘‘(II) the equity ratio of the Fund actually $100,000 wherever such term appears in such regular periodic payments would not fully falls below the minimum amount specified in paragraph’’. amortize the outstanding principal amount subparagraph (C) for the equity ratio with- (2) AMENDMENT TO FEDERAL CREDIT UNION of such loan; ACT.—Section 207(k) of the Federal Credit out any determination under sub-clause (I) ‘‘(B) requires no fees or charges to be paid Union Act (12 U.S.C. 1787(k)) is amended— having been made, by the debtor in order to obtain such modi- (A) in paragraph (3)— the Board shall establish and implement a fication; and (i) by striking the opening quotation mark Share Insurance Fund restoration plan with- ‘‘(C) permits the debtor to continue to before ‘‘$250,000’’; in 90 days that meets the requirements of make payments under the modification

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.032 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3002 CONGRESSIONAL RECORD — HOUSE March 5, 2009 agreement notwithstanding the filing of a ‘‘(B) a foreclosure sale is scheduled to the enactment of this Act, cases under chap- case under this title, as if such case had not occur on a date in the 30-day period begin- ter 13 of title 11 of the United States Code for been filed.’’. ning on the date of case is commenced;’’. the purpose of restructuring their principal Beginning on page 7, strike line 6 and all Page 9, line 24, insert ‘‘and, if the issue of residence mortgages, that follows through line 16 on page 8, and value is contested, the court shall determine (B) the number of mortgages restructured insert the following: such value in accordance with the appraisal under the amendments made by this subtitle ‘‘(1) if such residence is sold in the 1st year rules used by the Federal Housing Adminis- that subsequently resulted in default and occurring after the effective date of the plan, tration’’ after ‘‘determined’’. foreclosure, 90 percent of the amount of the difference be- Page 11, strike lines 23 through 25, insert (C) a comparison between the effectiveness tween the sales price and the amount of such the following (and make such technical and of mortgages restructured under programs claim as originally determined under sub- conforming changes as may be appropriate): outside of bankruptcy, such as Hope Now and section (b)(11) (plus costs of sale and im- (1) in the matter preceding paragraph (1) Help for Homeowners, and mortgages re- provements), but not to exceed the unpaid strike ‘‘subsection (b)’’ and insert ‘‘sub- structured under the amendments made by amount of the allowed secured claim deter- sections (b) and (d)’’. this subtitle, mined as if such claim had not been reduced (2) in paragraph (5)— (D) the number of cases presented to the under such subsection; (A) by inserting ‘‘except as otherwise pro- ‘(2) if such residence is sold in the 2d year bankruptcy courts where mortgages were re- vided in section 1322(b)(11),’’ after ‘‘(5)’’, and occurring after the effective date of the plan, structured under the amendments made by (B) in subparagraph (B)(iii)(I) by inserting 70 percent of the amount of the difference be- this subtitle that were appealed, ‘‘(including payments of a claim modified tween the sales price and the amount of such (E) the number of cases presented to the claim as originally determined under sub- under section 1322(b)(11))’’ after ‘‘payments’’ bankruptcy courts where mortgages were re- section (b)(11) (plus costs of sale and im- the 1st place it appears, structured under the amendments made by provements), but not to exceed the unpaid Page 12, line 20, insert the following after the subtitle that were overturned on appeal, amount of the allowed secured claim deter- ‘‘faith’’: and mined as if such claim had not been reduced (Lack of good faith exists if the debtor has (F) the number of bankruptcy judges dis- under such subsection; no need for relief under this paragraph be- ciplined as a result of actions taken to re- ‘‘(3) if such residence is sold in the 3d year cause the debtor can pay all of his or her structure mortgages under the amendments occurring after the effective date of the plan, debts and any future payment increases on made by this subtitle, and 50 percent of the amount of the difference be- such debts without difficulty for the foresee- (2) a recommendation as to whether such tween the sales price and the amount of such able future, including the positive amortiza- amendments should be amended to include a claim as originally determined under sub- tion of mortgage debt. In determining sunset clause. section (b)(11) (plus costs of sale and im- whether a reduction of the principal amount SEC. 110. REPORT TO CONGRESS. provements), but not exceed the unpaid of loan resulting from a modification made Not later than 18 months after the date of amount of the allowed secured claim deter- under the authority of section 1322(b)(11) is the enactment of this Act, the Comptroller mined as if such claim had not been reduced made in good faith, the court shall consider General, in consultation with the Federal under such subsection; whether the holder of such claim (or the en- Housing Administration, shall submit to the ‘‘(4) if such residence is sold in the 4th year tity collecting payments on behalf of such Congress, a report containing— occurring after the effective date of the plan, holder) has offered to the debtor a qualified (1) a comprehensive review of the effects of 30 percent of the amount of the difference be- loan modification that would enable the the amendments made by this subtitle on tween the sales price and the amount of such debtor to pay such debts and such loan with- bankruptcy court, claim as originally determined under sub- out reducing such principal amount.)’’. (2) a survey of whether the program should section (b)(11) (plus costs of sale and im- Page 12, after line 24, insert the following limit the types of homeowners eligible for provements), but not to exceed the unpaid (and make such technical and conforming the program., and amount of the allowed secured claim deter- changes as may be appropriate): (3) a recommendation on whether such mined as if such claim had not been reduced (b) Section 1325 of title 11, United States amendments should remain in effect. under such subsection; and Code, is amended by adding at the end the Page 15, line 15, strike ‘‘Subsection (a) of ‘‘(5) if such residence is sold in the 5th year following (and make such technical and con- section’’ and insert ‘‘Section’’. occurring after the effective date of the plan, forming changes as may be appropriate): Page 25, after line 9, insert the following 10 percent of the amount of the difference be- ‘‘(d) Notwithstanding section (and make such technical and conforming tween the sales price and the amount of such 1322(b)(11)(C)(ii), the court, on request of the changes as may be appropriate): claim as originally determined under sub- debtor or the holder of a claim secured by a section (b)(11) (plus costs of sale and im- SEC. 125. MORTGAGE MODIFICATION DATA COL- senior security interest in the debtor’s prin- provements), but not to exceed the unpaid LECTING AND REPORTING. cipal residence, may confirm a plan pro- amount of the allowed secured claim deter- (a) REPORTING REQUIREMENTS.—Not later posing a reduction in the interest rate on the mined as if such claim had not been reduced than 120 days after the date of the enactment loan secured by such security interest and under such subsection.’’. of this Act, and quarterly thereafter, the Beginning on page 8, strike line 17 and all that does not reduce the principal, provided Comptroller of the Currency, in coordination that follows through line 7 on page 9, and in- the total monthly mortgage payment is re- with the Director of the Office of Thrift Su- sert the following (and make such technical duced to a percentage of the debtor’s income pervision, shall submit a report to the Com- and conforming changes as may be appro- in accordance with the guidelines of the mittee on Banking, Housing, and Urban Af- priate): Obama Administration’s Homeowner Afford- fairs of the Senate, the Committee on Finan- ‘‘(h) With respect to a claim of the kind de- ability and Stability Plan as implemented cial Services of the House of Representa- scribed in subsection (b)(11), the plan may March 4, 2009, if, taking into account the tives, and the Joint Economic Committee on not contain a modification under the author- debtor’s financial situation, after allowance the volume of mortgage modifications re- ity of subsection (b)(11)— of expenses that would be permitted for a ported to the Office of the Comptroller of the ‘‘(1) in a case commenced under this chap- debtor under this chapter subject to para- Currency and the Office of Thrift Super- ter after the expiration of the 30-day period graph (3) of subsection (b), regardless of vision, under the mortgage metrics program beginning on the effective date of this sub- whether the debtor is otherwise subject to of each such Office, during the previous quar- section, unless— such paragraph, and taking into account ad- ter, including the following: ‘‘(A) the debtor certifies that the debtor— ditional debts and fees that are to be paid in (1) A copy of the data collection instru- ‘‘(i) not less than 30 days before the com- this chapter and thereafter, the debtor would ment currently used by the Office of the mencement of the case, contacted the holder be able to prevent foreclosure and pay a fully Comptroller of the Currency and the Office of such claim (or the entity collecting pay- amortizing 30-year loan at such reduced in- of Thrift Supervision to collect data on loan ments on behalf of such holder) regarding terest rate without such reduction in prin- modifications. modification of the loan that is the subject cipal.’’. (2) The total number of mortgage modifica- of such claim; Page 15, after line 8, insert the following tions resulting in each of the following: ‘‘(ii) provided the holder of the claim (or (and make such technical and conforming (A) Additions of delinquent payments and the entity collecting payments on behalf of changes as may be appropriate): fees to loan balances. such holder) a written statement of the debt- SEC. 109. GAO STUDY. (B) Interest rate reductions and freezes. or’s current income, expenses, and debt sub- The Comptroller General shall carry out a (C) Term extensions. stantially conforming with the schedules re- study, and submit to the Committee on the (D) Reductions of principal. quired under section 521(a) or such other Judiciary of the House of Representatives (E) Deferrals of principal. form as is promulgated by the Judicial Con- and the Committee on the Judiciary of the (F) Combinations of modifications de- ference of the United States for such pur- Senate, not later than 2 years after the date scribed in subparagraph (A), (B), (C), (D), or pose; and of the enactment of this Act a report con- (E). ‘‘(iii) considered any qualified loan modi- taining— (3) The total number of mortgage modifica- fication offered to the debtor by the holder (1) the results of such study of— tions in which the total monthly principal of the claim (or the entity collecting pay- (A) the number of debtors who filed, during and interest payment resulted in the fol- ments on behalf of such holder); or the 1-year period beginning on the date of lowing:

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.020 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3003 (A) An increase. (42 U.S.C. 12721 et seq.) or the community de- amounts made available in this Act to pur- (B) Remained the same. velopment block grants program under title chase mortgage revenue bonds for single- (C) Decreased less than 10 percent. I of the Housing and Community Develop- family housing issued through State housing (D) Decreased between 10 percent and 20 ment Act of 1974 (42 U.S.C. 5301 et seq.) or by finance agencies and through units of local percent. a State or local housing finance agency’’; government and agencies thereof. (E) Decreased 20 percent or more. Page 31, line 4, strike ‘‘(C)’’ and insert Page 47, at the end of title II, add the fol- (4) The total number of loans that have ‘‘(D)’’. lowing (and conform the table of contents been modified and then entered into default, Page 31, line 15, strike ‘‘and’’. accordingly): where the loan modification resulted in— Page 31, after line 15, insert the following: TITLE III—MORTGAGE FRAUD (E) by striking subparagraph (10); (A) higher monthly payments by the home- SEC. 301. SHORT TITLE. owner; (F) in paragraph (11), by inserting before the period at the end the following: ‘‘, except This title may be cited as the ‘‘Nationwide (B) equivalent monthly payments by the Mortgage Fraud Task Force Act of 2009’’. homeowner; that the Secretary may provide exceptions (C) lower monthly payments by the home- to such latter requirement (relating to SEC. 302. NATIONWIDE MORTGAGE FRAUD TASK FORCE. owner of up to 10 percent; present ownership interest) for any mort- (a) ESTABLISHMENT.—There is established (D) lower monthly payments by the home- gagor who has inherited a property or for in the Department of Justice the Nationwide owner of between 10 percent to 20 percent; or any mortgagor who has relocated to a new Mortgage Fraud Task Force (hereinafter re- (E) lower monthly payments by the home- jurisdiction, and is in the process of trying ferred to in this section as the ‘‘Task owner of more than 20 percent. to sell such property or has been unable to Force’’) to address mortgage fraud in the (b) DATA COLLECTION.— sell such property due to adverse market United States. (1) REQUIRED.— conditions’’; (b) SUPPORT.—The Attorney General shall (A) IN GENERAL.—Not later than 60 days (G) by redesignating paragraph (11) as provide the Task Force with the appropriate after the date of the enactment of this Act, paragraph (10); and staff, administrative support, and other re- the Comptroller of the Currency and the Di- Page 31, line 16, strike ‘‘(D) by adding after sources necessary to carry out the duties of rector of the Office of Thrift Supervision, paragraph (11)’’ and insert ‘‘(H) by adding at the Task Force. shall issue mortgage modification data col- the end’’. (c) EXECUTIVE DIRECTOR.—The Attorney lection and reporting requirements to insti- Page 31, line 18, strike ‘‘(12)’’ and insert General shall appoint one staff member pro- tutions covered under the reporting require- ‘‘(11)’’. vided to the Task Force to be the Executive ment of the mortgage metrics program of Page 36, line 6, strike ‘‘or employee’’ and Director of the Task Force and such Execu- the Comptroller or the Director. insert ‘‘manager, supervisor, loan processor, tive Director shall ensure that the duties of (B) INCLUSIVENESS OF COLLECTIONS.—The loan underwriter, or loan originator’’. the Task Force are carried out. requirements under subparagraph (A) shall Page 37, strike the quotation marks in line (d) BRANCHES.—The Task Force shall es- provide for the collection of all mortgage 19 and all that follows through the end of the line. tablish, oversee, and direct branches in each modification data needed by the Comptroller of the 10 States determined by the Attorney of the Currency and the Director of the Of- Page 37, after line 19, insert the following: ‘‘(3) RULEMAKING AND IMPLEMENTATION.— General to have the highest concentration of fice of Thrift Supervision to fulfill the re- mortgage fraud. porting requirements under subsection (a). The Secretary shall conduct a rulemaking to carry out this subsection. The Secretary (e) MANDATORY FUNCTIONS.—The Task (2) REPORT.—The Comptroller of the Cur- Force, including the branches of the Task rency shall report all requirements estab- shall implement this subsection not later than the expiration of the 60-day period be- Force established under subsection (d), lished under paragraph (1) to each com- shall— mittee receiving the report required under ginning upon the date of the enactment of this subsection by notice, mortgagee letter, (1) establish coordinating entities, and so- subsection (a). licit the voluntary participation of Federal, Page 25, line 24, after ‘‘disposition’’ insert or interim final regulations, which shall State, and local law enforcement and pros- the following: ‘‘, including any modification take effect upon issuance.’’; and ecutorial agencies in such entities, to orga- or refinancing undertaken pursuant to Page 47, after line 13, insert the following nize initiatives to address mortgage fraud, standard loan modification, sale, or disposi- (and make such technical and conforming including initiatives to enforce State mort- tion guidelines issued by the Secretary of changes as may be appropriate): gage fraud laws and other related Federal the Treasury or his designee under the Emer- SEC. 205. APPLICATION OF GSE CONFORMING and State laws; gency Economic Stabilization Act of 2008,’’. LOAN LIMIT TO MORTGAGES AS- SISTED WITH TARP FUNDS. (2) provide training to Federal, State, and Page 28, strike lines 18 and 19 and insert local law enforcement and prosecutorial the following: In making any assistance available to pre- (c) DEFINITIONS.—For purposes of this sec- vent and mitigate foreclosures on residential agencies with respect to mortgage fraud, in- tion, the following definitions shall apply: properties, including any assistance for cluding related Federal and State laws; (1) SECRETARY.—The term ‘‘Secretary’’ mortgage modifications, using any amounts (3) collect and disseminate data with re- means the Secretary of the Treasury. made available to the Secretary of the spect to mortgage fraud, including Federal, (2) SECURITIZATION VEHICLE.—The term Treasury under title I of the Emergency Eco- State, and local data relating to mortgage ″″securitization vehi- nomic Stabilization Act of 2008, the Sec- fraud investigations and prosecutions; and Page 28, strike line 22 and insert the fol- retary shall provide that the limitation on (4) perform other functions determined by lowing: the maximum original principal obligation the Attorney General to enhance the detec- (A) is the issuer, or is created by the of a mortgage that may be modified, refi- tion of, prevention of, and response to mort- issuer, of nanced, made, guaranteed, insured, or other- gage fraud in the United States. Page 29, strike line 3 and insert the fol- wise assisted, using such amounts shall not (f) OPTIONAL FUNCTIONS.—The Task Force, lowing: be less than the dollar amount limitation on including the branches of the Task Force es- (B) holds such mortgages. the maximum original principal obligation tablished under subsection (d), may— Page 30, line 12, before the period insert of a mortgage that may be purchased by the (1) initiate and coordinate Federal mort- the following: ‘‘and has not been convicted Federal Home Loan Mortgage Corporation gage fraud investigations and, through the under Federal or State law for fraud during that is in effect, at the time that the mort- coordinating entities established under sub- the 10-year period ending upon the insurance gage is modified, refinanced, made, guaran- section (e), State and local mortgage fraud of the mortgage under this section’’. teed, insured, or otherwise assisted using investigations; Page 30, after line 23, insert the following: such amounts, for the area in which the (2) establish a toll-free hotline for— (B) in paragraph (4)(A), by striking ‘‘; sub- property involved in the transaction is lo- (A) reporting mortgage fraud; ject to standards established by the Board cated. (B) providing the public with access to in- under subparagraph (B),’’; SEC. 206. MORTGAGES ON CERTAIN HOMES ON formation and resources with respect to Page 31, line 1, strike lines 1 through 3 and LEASED LAND. mortgage fraud; and insert the following: Section 255(b)(4) of the National Housing (C) directing reports of mortgage fraud to (C) in paragraph (7), by striking ‘‘and pro- Act (12 U.S.C. 1715z–20(b)(4)) is amended by the appropriate Federal, State, and local law vided that’’ and all that follows through striking subparagraph (B) and inserting: enforcement and prosecutorial agency, in- ‘‘new second lien’’ and inserting ‘‘and except ‘‘(B) under a lease that has a term that cluding to the appropriate branch of the that the Secretary may, under such terms ends no earlier than the minimum number of Task Force established under subsection (d); and conditions as the Secretary may estab- years, as specified by the Secretary, beyond (3) create a database with respect to sus- lish, permit the establishment of a second the actuarial life expectancy of the mort- pensions and revocations of mortgage indus- lien on a property under an eligible mortgagor or comortgagor, whichever is the later try licenses and certifications to facilitate gage to be insured, for the purpose of facili- date.’’. the sharing of such information by States; tating payment of closing or refinancing SEC. 207. SENSE OF CONGRESS REGARDING (4) make recommendations with respect to costs by a State or locality using funds pro- MORTGAGE REVENUE BOND PUR- the need for and resources available to provided under the HOME Investment Partner- CHASES. vide the equipment and training necessary ships program under title II of the Cranston- It is the sense of the Congress that the for the Task Force to combat mortgage Gonzalez National Affordable Housing Act Secretary of the Treasury should use fraud; and

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.020 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3004 CONGRESSIONAL RECORD — HOUSE March 5, 2009 (5) propose legislation to Federal, State, to terms with their lender, to bring in genuine need without costing tax- and local legislative bodies with respect to their mortgage payments in line with payers a dime. the elimination and prevention of mortgage prevailing lending rates in the lending The bill is not going to usher in a fraud, including measures to address mort- market and with prevailing values in rash of bankruptcy filings. In fact, by gage loan procedures and property appraiser practices that provide opportunities for the housing market. This is the same setting up a homeowner-lender negoti- mortgage fraud. opportunity that owners of vacation ating process that begins well before (g) DEFINITION.—In this section, the term homes, investment properties, private bankruptcy, it is designed to keep ‘‘mortgage fraud’’ means a material jets, and luxury yachts have long en- more families out of bankruptcy and misstatement, misrepresentation, or omis- joyed. I think it’s only fair that we out of foreclosure. The number of new sion relating to the property or potential offer it now to average families as well. chapter 13 mortgage modifications that mortgage relied on by an underwriter or The economic crisis engulfing this may result will be far less than the lender to fund, purchase, or insure a loan. number of foreclosures that will be pre- Page 47, at the end of the bill, add the fol- country and the world had its start in lowing (and conform the table of contents the housing foreclosure crisis. The vented, and preventing foreclosures is accordingly): Helping Families Save Their Homes the key. That will benefit not only TITLE IV—FORECLOSURE MORATORIUM Act will begin to address this under- homeowners and their families but also PROVISIONS lying cause, and it will provide mean- neighborhoods, their communities, SEC. 401. SENSE OF THE CONGRESS ON FORE- ingful relief to struggling homeowners. their lenders, and the entire American CLOSURES. In developing this legislation, we economy. (a) IN GENERAL.—It is the sense of the Con- have benefited at every step of the way It’s worth noting that any time there gress that mortgage holders, institutions, from constructive engagement from is a foreclosure, the average decline of and mortgage servicers should not initiate a members on and off the Judiciary Com- property values for neighboring prop- foreclosure proceeding or a foreclosure sale mittee, from lenders and brokers, from erty is 9 percent, so this is important on any homeowner until the foreclosure consumer groups, from bankruptcy to every American to avert these fore- mitigation provisions, like the Hope for Homeowners program, as required under judges and trustees. With their help, closures. title II, and the President’s ‘‘Homeowner Af- we’ve reached consensus on a series of I thank Mrs. TAUSCHER, Mr. CARDOZA, fordability and Stability Plan’’ have been significant changes culminating in the Mr. MARSHALL, BRAD MILLER, JOHN implemented and determined to be oper- manager’s amendment before us today. CONYERS, and all of the other Members ational by the Secretary of Housing and I should note that the amendment is who have worked so hard to improve Urban Development and the Secretary of the the Lofgren-Tauscher-Cardoza amend- this bill through the manager’s amend- Treasury. ment, and the changes that it encom- ment. (b) SCOPE OF MORATORIUM.—The fore- passes make this a much better bill. I reserve the balance of my time. closure moratorium referred to in subsection Mr. SMITH of Texas. Mr. Chairman, I (a) should apply only for first mortgages se- Under the manager’s amendment, the cured by the owner’s principal dwelling. homeowner must notify the lender, rise in opposition to the amendment, (c) FHA-REGULATED LOAN MODIFICATION submit financial records and work in and I will yield myself such time as I AGREEMENTS.—If a mortgage holder, institu- good faith for at least 30 days to try to may consume. tion, or mortgage servicer to which sub- modify a mortgage outside of the bank- Unfortunately, this amendment does section (a) applies reaches a loan modifica- ruptcy using the Obama mortgage little to change the fact that the bank- tion agreement with a homeowner under the modification plan outlined yesterday. ruptcy provisions in this legislation auspices of the Federal Housing Administra- We provide also that, should those ef- will fail to solve the foreclosure crisis. tion before any plan referred to in such sub- Some claim the manager’s amendment section takes effect, subsection (a) shall forts not prove fruitful and as a last re- cease to apply to such institution as of the sort an individual ends up in Chapter 13 will narrow the bill’s bankruptcy pro- effective date of the loan modification agree- proceedings, the court should utilize visions, but there is nothing in this ment. the Obama mortgage modification plan amendment that meaningfully changes (d) DUTY OF CONSUMER TO MAINTAIN PROP- as a guideline for the court in review- the underlying bill. Meaningful change ERTY.—Any homeowner for whose benefit ing and in helping a homeowner to would have meant a true requirement any foreclosure proceeding or sale is barred meet obligations. for bankruptcy petitioners to exhaust under subsection (a) from being instituted, We also have required that bank- other options before going to bank- continued , or consummated with respect to any homeowner mortgage should not, with ruptcy courts will use the FHA ap- ruptcy court. respect to any property securing such mort- praisal guidelines, repayment plans, As Speaker PELOSI observed just this gage, destroy, damage, or impair such prop- and for equal monthly mortgage pay- week, ‘‘Bankruptcy, by its nature, erty, allow the property to deteriorate, or ments. If a homeowner sells a home should require a judge to see that other commit waste on the property. while still under a Chapter 13 payment remedies had been exhausted and that (e) DUTY OF CONSUMER TO RESPOND TO REA- plan, the lender is going to share in the good faith overtures from the lender SONABLE INQUIRIES.—Any homeowner for profit, and that’s only fair. The closer had not been dismissed by the bor- whose benefit any foreclosure proceeding or in time of the mortgage modification, rower.’’ sale is barred under subsection (a) from The manager’s amendment does not being instituted, continued, or consummated the greater the lender’s share, and the with respect to any homeowner mortgage manager’s amendment actually further do that. Rather, it merely requires should respond to reasonable inquiries from increases the lender’s share at each that judges consider whether the lend- a creditor or servicer during the period dur- point over the period. er offered the borrower a loan modi- ing which such foreclosure proceeding or sale Homeowners who engage in bad faith, fication when determining whether to is barred. such as filing for bankruptcy when approve the borrower’s bankruptcy The Acting CHAIR. Pursuant to they could really afford to pay their plan. So a judge is free to consider a House Resolution 190, the gentlewoman mortgages, will be disqualified for as- loan modification the lender offered from California (Ms. ZOE LOFGREN) and sistance in chapter 13, and a special and then approve a cramdown despite a Member opposed each will control 15 Justice Department task force is set up the lender’s offer. The judge can ap- minutes. to investigate reports of possible mort- prove a cramdown even if the borrower The Chair recognizes the gentle- gage fraud. These are in addition to im- signed a pre-bankruptcy modification woman from California. provements already made at earlier with the lender and then went shopping Ms. ZOE LOFGREN of California. Mr. stages. The changes are all described in for a sweeter deal in bankruptcy. Chairman, I yield myself such time as greater detail in a summary that was The manager’s amendment also con- I may consume. sent to all of your offices today. I have tains a major loophole that will allow (Ms. ZOE LOFGREN of California brought copies of a summary with me borrowers to avoid any requirement asked and was given permission to re- today. that they contact their lender about a vise and extend her remarks.) In short, we have sought to respond loan modification prior to filing for Ms. ZOE LOFGREN of California. Mr. in a reasonable manner to every single bankruptcy. Under the manager’s Chairman, this important bill gives concern brought to our attention. amendment, a borrower can do noth- families whose home mortgages are in We’ve achieved a balanced reform that ing, fail to seek a qualifying loan modi- distress a better opportunity to come will bring meaningful help to families fication and still be entitled to get a

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.020 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3005 bankruptcy cramdown once a fore- mortgage as a no-interest loan over the terms of that loan? They will only closure sale was scheduled. In other full term of a new 30-year mortgage. make those loans at a great cost both words, bankruptcy relief is available to What a gift and what an insult to those to the borrower and to our society. those who fail to seek a loan modifica- who pay their mortgages on time. The Surely as day follows night, we will tion under the Obama plan. only borrower the manager’s amend- witness yet another nail in the coffin Meaningful change also would have ment suggests should be denied relief is of home developers who already are meant substantially narrowing the the borrower who ‘‘can pay all of his or reeling under the burden of poisonous class of loans eligible for bankruptcy her debts and any future payment in- government policies. modification. Senator DURBIN, the creases on such debts without dif- Experts currently estimate that the principal sponsor of the companion leg- ficulty for the foreseeable future,’’ but additional cost due to this risk of the islation in the Senate, has acknowl- that person will never need to be in cramdown bill would raise mortgage edged the merit and proposals to limit bankruptcy court, by definition. rates as much as two full percentage the bill to subprime loans. Mr. Chairman, the manager’s amend- points or would substantially increase [From American Banker, Feb. 27, 2009] ment continues the majority’s policy required down payments. This is the TRANSCRIPT OF REMARKS BY SEN. DURBIN of punishing the successful, taxing the last thing homeowners need, the last The following is a transcript of remarks responsible and holding no one ac- thing our economy needs. There are re- between Sen. Richard Durbin and an Amer- countable. It is unfair for Congress to sponsible homeowners all across Amer- ican Banker reporter, Tuesday evening after bail out mortgage lenders and bor- ica who are living within their means, President Obama’s speech to Congress. rowers on the backs of responsible who are making honest representations AB Reporter: ‘‘Sen. Durbin, do you have a homeowners who continue to pay their on their loan applications, who are moment today on bankruptcy reform?’’ mortgages even in these troubled eco- paying their debts, and who are work- Sen. Durbin: ‘‘Sure.’’ nomic times. Clearly, the American ing hard to achieve the American AB Reporter: ‘‘I know that in the House, at least regarding this week, the lenders are people are not willing to pay for their dream. Let’s not disadvantage them. still trying to make the restrictions so that neighbors’ irresponsible actions. The Ms. ZOE LOFGREN of California. I you have to exhaust all other recourses be- manager’s amendment hardly narrows would just note that yesterday was the fore bankruptcy pretty tough, even today I the scope of the underlying bill. In anniversary of our Constitution’s going heard about making HUD or one of the regu- some areas, it actually makes it worse. into effect, March 4, 1789. In that Con- lators certify that you had a modification or Members should oppose both this stitution was article I, section 8 that something that didn’t work before you could amendment and the underlying bill. provides for bankruptcy. go through bankruptcy. What are your Mr. Chairman, I reserve the balance I would yield 40 seconds to Mr. MAR- thoughts on what the standard ought to be?’’ Sen. Durbin: ‘‘I think that it is reasonable of my time. SHALL. to require the borrower to be in communica- Ms. ZOE LOFGREN of California. Mr. Mr. MARSHALL. Mr. Chairman, tion for a reasonable time before they file for Chairman, I would now like to yield 1 there are a number of misconceptions bankruptcy. You know if a borrower will not minute to the gentleman from about this bill because it only affects talk to a bank they should not be able to Vermont (Mr. WELCH). existing mortgages, not home loans in avail themselves but it’s really difficult to Mr. WELCH. Mr. Chairman, it is im- the future. It will have no impact on write into law a measurement of good faith portant to understand that Citigroup the cost of borrowing into the future. so the best you can do is give them an oppor- supports this bill. Why? They’re a huge For all of those homeowners like me tunity to meet. Remember 99% of foreclosed lender. It’s because they understand homes end up owned by the bank so it isn’t who haven’t been part of this latest as if they are going to end up coming out that we have to stabilize home values credit crisis, I see my property values ahead if the person’s losing their home. They in order to begin the recovery, and declining dramatically, in part, be- get stuck with $50,000 in costs and a house to they need a tool to accomplish it. cause there are foreclosures and vacan- maintain; to protect from vandalism, and to So this is about lenders as much as it cies occurring all over the country. show and try to sell, so the banks ought to is about borrowers. Why? Because In essence, what this bill would do is be much more forthcoming. Every attempt these mortgages that have been sliced force the parties—the lender and the we’ve tried, every voluntary attempt we’ve and diced into 40 or 50 different sec- borrower—without putting any tax- tried has failed. You have to have this bank- tions make it impossible even for a ruptcy provision as the last resort if there is payer dollars in it, to deal with their a failure to negotiate the mortgage.’’ mortgage company and a borrower, circumstances without adding more AB Reporter: ‘‘Do you know when the Sen- homeowner or a family to come to- properties vacant on the market, de- ate might be taking this up?’’ gether to resolve the problem that they clining home prices that are affecting Sen. Durbin: ‘‘After the House and we share together. So this bankruptcy all Americans. It’s good for lenders. might change it of course. There are vari- provision, written narrowly so that it It’s good for homeowners. It does not ations we’re looking at. But I’m willing to is a last resort, is not only fair, but is pose a risk of an increased cost of cred- restrict this to homeowners to eliminate necessary to lenders as well as to bor- it. speculators; to subprime mortgages, only rowers. those currently in existence. I want to make b 1230 this a reasonable limited— I applaud both committees for the AB Reporter: ‘‘You’re willing to limit it to work that they have done. Ms. ZOE LOFGREN of California. Mr. subprime mortgages?’’ The Acting CHAIR. Without objec- Chairman, I would further yield 1 Sen. Durbin: ‘‘We’ve talked about that as a tion, the gentleman from Virginia (Mr. minute to a member of the committee, possibility. But I am willing to negotiate. I GOODLATTE) will control the remainder Ms. SHEILA JACKSON-LEE of Texas. want this to be a reasonable approach, but of the time of the gentleman from (Ms. JACKSON-LEE of Texas asked we have to include it. If we don’t include it Texas (Mr. SMITH). and was given permission to revise and we’ll be stuck in the same mess we’re in There was no objection. extend her remarks.) today.’’ Mr. GOODLATTE. Mr. Chairman, at Ms. JACKSON-LEE of Texas. Mr. AB Reporter: ‘‘What about the time limitation as far as when the loans were origi- this time, I am pleased to yield 1 Chairman, I thank the manager for all nated. I understand there are some who minute to the gentlewoman from Min- of her hard work. would like to see it limited to loan under- nesota (Mrs. BACHMANN). I want to pay tribute to Chairman written in the last few years?’’ Mrs. BACHMANN. Mr. Chairman, of CONYERS for standing up in early Janu- Sen. Durbin: ‘‘My version will not be pro- the foundational policies of American ary and insisting that we complete our spective. So it has to be existing loans.’’ exceptionalism, the concepts that have tasks, and I always come to the floor Mr. Chairman, the manager’s amend- inspired our great Nation are the sanc- to say, this is the little guy’s day. ment makes no attempt to narrow the tity of private contracts and upholding I came earlier today to speak of an class of eligible loans. That class is as the rule of law. This cramdown bill individual who had foreclosure issues, wide as it ever was. Finally, rather crassly undercuts both of these pillars but as I proceeded to read her case, she than narrowing the bill, the manager’s of American exceptionalism. actually went into loan modification amendment actually provides that, if Why would a lender make a 30-year with her mortgager, her lender, Coun- the judge doesn’t want to give a loan if they fear the powers of the Fed- trywide. And isn’t it interesting that cramdown, he can just rewrite the eral Government will violate the very as her fees were paid and the loan was

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supposed to be modified, that some specifically address the issue of mortgage CONYERS and his staff to add language that days later, here comes the mortgager foreclosures. I had asked that $100 billion be would make the bill stronger and that would with the foreclosure notice or a fore- set aside to address that issue. Now, my idea help more Americans. I co-sponsored sections closure person at her door taking pic- has been vindicated as the TARP today has of the Manager’s Amendment and I urge my tures trying to decide what the situa- included language and we here today are con- colleagues to support the bill. tion was. Interestingly enough, the tinuing to engage in the dialogue to provide Specifically, I worked with Chairman CON- house had gone into sale. monies to those in mortgage foreclosure. I YERS to ensure that in section 2 of the amend- These are the unscrupulous types of have also asked for modification of home- ment, section 109(h) of the Bankruptcy Code activities that have come about when owners’ existing loans to avoid mortgage fore- would be amended to waive the mandatory re- there is no binding, if you will, judg- closure. I believe that the rules governing quirement, under current law, that a debtor re- ment that can come about through the these loans should be relaxed. These are in- ceive credit counseling prior to filing for bank- bankruptcy court. deed tough economic times that require tough ruptcy relief. Under the amended language Again, this bill forces no one to pay measures. there is now a waiver that will apply where the anything. It takes no money out of the Because of the pervasive home fore- debtor submits to the court a certification that government. All it does is it allows us closures, federal legislation is necessary to the debtor has received notice that the holder to treat those fairly who are going into curb the fallout from the subprime mortgage of a claim secured by the debtor’s principal foreclosure. crisis. For consumers facing a foreclosure sale residence may commence a foreclosure pro- Mr. Chairman, I rise in strong support of who want to retain their homes, Chapter 13 of ceeding against such residence. H.R. 1106, ‘‘Helping Families Save Their the Bankruptcy Code provides some modicum This is important because it affords the Homes in Bankruptcy Act of 2009.’’ I would of protection. The Supreme Court has held debtor the maximum relief without having to like to thank Chairman CONYERS of the House that the exception to a Chapter 13’s ability to undergo a slow credit counseling process. Judiciary Committee and Chairman BARNEY modify the rights of creditors applies even if This will help prevent the debtor’s credit situa- FRANK of the Financial Services Committee for the mortgage is under-secured. Thus, if a tion from worsening, potentially spiraling out of their leadership on this issue. I also would like Chapter 13 debtor owes $300,000 on a mort- control, and result in the eventual loss of his to thank Arthur D. Sidney of my staff who gage for a home that is worth less than or her home. serves as my able Legislative Director. $200,000, he or she must repay the entire Section 4 of the Manager’s Amendment re- Mr. Chairman, I urge my colleagues to sup- amount in order to keep his or her home, even laxes certain Bankruptcy requirements under port this bill because it provides a viable me- though the maximum that the mortgage would Chapter 13 so that the debtor can modify the dium for bankruptcy judges to modify the receive upon foreclosure is the home’s value, terms of the mortgage secured by his or her terms of mortgages held by homeowners who i.e., $200,000, less the costs of foreclosure. primary residence. This is an idea that I have have little recourse but to declare bankruptcy. Importantly, H.R. 1106 provides for a relax- long championed in the TARP legislation—the This bill could not have come at a more ation of the bankruptcy provisions and waives ability of debtors to modify their existing pri- timely moment. This bill is on the floor of the the mandatory requirement that a debtor must mary mortgages. Section 4 allows for a modi- House within weeks after the President’s ad- receive credit counseling prior to the filing for fication of the mortgage for a period of up to dress before the Joint Session of Congress bankruptcy relief, under certain circumstances. 40 years. Such modification cannot occur if where President Obama outlined his economic The waiver applies in a Chapter 13 case the debtor fails to certify that it contacted the plan for America and discussed the current where the debtor submits to the court a certifi- creditor before filing for bankruptcy. In this economic situation that this country is facing. cation that the debtor has received notice that way, the language in the Manager’s Amend- To be sure, there are many economic woes the holder of a claim secured by the debtor’s ment allows for the creditor to demonstrate that saddle this country. The statistics are principal residence may commence a fore- that it undertook its ‘‘last clear’’ chance to staggering. closure proceeding against such residence. work out the restructuring of the debt with its Home foreclosures are at an all-time high This bill also prohibits claims arising from creditor before filing bankruptcy. and they will increase as the recession con- violations of consumer protection laws. Spe- Importantly, the Manager’s Amendment tinues. In 2006, there were 1.2 million fore- cifically, this bill amends the Bankruptcy Code amends the bankruptcy code to provide that a closures in the United States, representing an to disallow a claim that is subject to any rem- debtor, the debtor’s property, and property of increase of 42 percent over the prior year. edy for damages or rescission as a result of the bankruptcy estate are not liable for fees During 2007 through 2008, mortgage fore- the claimant’s failure to comply with any appli- and costs incurred while the Chapter 13 case closures were estimated to result in a whop- cable requirement under the Truth in Lending is pending and that arises from a claim for ping $400 billion worth of defaults and $100 Act or other applicable state or federal con- debt secured by the debtor’s principal resi- billion in losses to investors in mortgage secu- sumer protection law in effect when the non- dence. rities. This means that one per 62 American compliance took place, notwithstanding the Lastly, I worked to get language in the Man- households is currently approaching levels not prior entry of a foreclosure judgment. ager’s Amendment that would allow the debt- seen since the Depression. H.R. 1106 also amends the Bankruptcy ors and creditors to negotiate before a dec- The current economic crisis and the fore- Code to permit modification of certain mort- laration of bankruptcy is made. I made sure closure blight have affected new home sales gages that are secured by the debtor’s prin- that the bill addresses present situations at the and depressed home value generally. New cipal residence in specified respects. Lastly, time of enactment where homeowners are in home sales have fallen by about 50 percent. the bill provides that the debtor, the debtor’s the process of mortgage foreclosure. This is One in six homeowners owes more on a mort- property, and property of the bankruptcy es- done with a view toward consistency, predict- gage than the home is worth which raises the tate are not liable for a fee, cost, or charge inability, and a hope that things will improve. possibility of default. Home values have fallen curred while the Chapter 13 case is pending Rules Committee nationwide from an average of 19% from their and that arises from a debt secured by the peak in 2006, and this price plunge has wiped debtor’s principal residence, unless the holder During this time, debtors and average out trillions of dollars in home equity. The tide of the claim complies with certain require- homeowners found themselves in the midst of of foreclosure might become self-perpetuating. ments. a home mortgage foreclosure crisis of unprec- The nation could be facing a housing depres- I have long championed the rights of home- edented levels. Many of the mortgage fore- sion—something far worse than a recession. owners, especially those facing mortgage foreclosures were the result of subprime lending Obviously, there are substantial societal and closure. I have worked with the Chairman of practices. economic costs of home foreclosures that ad- the House Judiciary Committee to include lan- I have worked with my colleagues to versely impact American families, their neigh- guage that would relax the bankruptcy provi- strengthen the housing market and the econ- borhoods, communities and municipalities. A sions to allow those facing mortgage fore- omy, expand affordable mortgage loan oppor- single foreclosure could impose direct costs closure to restructure their debt to avoid fore- tunities for families at risk of foreclosure, and on local government agencies totaling more closure. strengthen consumer protections against risky than $34,000. loans in the future. Unfortunately, problems in I am glad that this legislation is finally on the Manager’s Amendment the subprime mortgage markets have helped floor of the United States House of Represent- Because I have long championed the rights push the housing market into its worst slump atives. I have long championed in the first of homeowners facing mortgage foreclose in in 16 years. TARP bill that was introduced and signed late the recent TARP bill and before the Judiciary Before the Rules Committee, I offered an last Congress, that language be included to Committee, I have worked with Chairman amendment that would prevent homeowners

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It is an equitable home. er can recapture the amount of principal lost result given that the debtors ultimately faced The Manager’s Amendment would do the in the modification. mortgage foreclosure because of the bad following: I oppose the Price Amendment for the fol- practices of the lender. (1) require courts to use FHA appraisal lowing reasons. Simply put, my amendment would prevent guidelines where the fair market value of a First, the Price amendment would make homeowners who have declared mortgage home is in dispute; homeowners into renters for life. It will lead to foreclosure as a result of subprime mortgage (2) deny relief to individuals who can afford poorly maintained homes and lower property lending and mortgages from having the fore- to repay their mortgages without judicial mort- values for all of us. It takes away any incen- closure count against the debtor/homeowner gage modification; and tive for homeowners to maintain their homes in the determination of the debtor/home- (3) extend the negotiation period from 15 to or insist on competitive sale prices. Second, the Manager’s Amendment already owner’s credit score. 30 days, requiring the debtor to certify that he Specifically, my amendment language was or she contacted the lender, provided the allows lenders to get back a substantial por- the following: lender with income, expense and debt state- tion of any amount a home appreciates after ments, and that there was a process for the bankruptcy. But it leaves in place incentives SEC. 205. FORBEARANCE IN CREATION OF CRED- for homeowners to maintain and improve IT SCORE. borrower and lender to seek to reach agree- homes. (a) IN GENERAL.—Section 609 of the Fair ment on a qualified loan modification. Credit Reporting Act (15 U.S.C. 1681g) is The Conyers Amendment would require a Third, the Price Amendment is opposed by amended by adding at the end the following GAO study regarding the effectiveness of the Center for Responsible Lending, Con- new subsection: mortgage modifications outside of bankruptcy sumers Union, Leadership Conference on Civil ‘‘(h) FORECLOSURE ON SUBPRIME NOT TAKEN and judicial modifications, whether there Rights, National Association of Consumer Ad- INTO ACCOUNT FOR CREDIT SCORES.— vocates, National Association of Consumer should be a sunset, the impact of the amend- ‘‘(1) IN GENERAL.—A foreclosure on a Bankruptcy Attorneys, National Community ment on bankruptcy courts, whether relief subprime mortgage of a consumer may not Reinvestment Coalition, National Consumer should be limited to certain types of home- be taken into account by any person in pre- Law Center, National Legal Aid and Defender paring or calculating the credit score (as de- owners. The GAO must analyze how bank- Association, National Policy and Advocacy fined in subsection (f)(2)) for, or with respect ruptcy judges restructure mortgages, including Council on Homelessness, and USPIRG. to, the consumer. the number of judges disciplined as a result of ‘‘(2) SUBPRIME DEFINED.—The term For the foregoing reasons, I oppose the actions taken to restore mortgages. Price Amendment and I urge my colleagues to ‘subprime mortgage’ means any consumer The Conyers Amendment would clarify that credit transaction secured by the principal vote ‘‘no’’ on this amendment. loan modifications, workout plans or other loss dwelling of the consumer that bears or oth- PETERS, GARY AMENDMENT mitigation plans are eligible for the servicer erwise meets the terms and characteristics I support this amendment. This amendment for such a transaction that the Board has de- safe harbor. Further, it would require HUD to is straightforward and is intended to help the fined as a subprime mortgage.’’. receive public input before implementing cer- borrower by providing a last clear chance to (b) REGULATIONS.—The Board shall pre- tain FHA approval provisions. garner much needed information. It is my scribe regulations defining a subprime mort- With respect to the HOPE for Homeowners gage for purposes of the amendment made by hope that this information would be used to Program: recasts the prohibition against hav- provide financial assistance and education to subsection (a) before the end of the 90–day ing committed fraud over the last 10 years period beginning on the date of the enact- the consumer. ment of this Act. from a freestanding prohibition to a borrower In many cases, proper education about the (c) EFFECTIVE DATE.—The amendment certification. The Conyers Amendment would use of credit and mortgages could have made made by subsection (a) shall take effect at amend the National Housing Act to broaden all the difference in the consumers choices. the end of the 30-day period beginning on the eligibility for Home Equity Conversion Mort- Simply put, if the consumers made wise and date of the enactment of this Act and shall gage (HECM) or ‘‘reverse mortgage.’’ informed credit decisions in the first instance, apply without regard to the date of the fore- Provides that the GAO must submit to Con- closure. they might not have been in bankruptcy or fac- gress a review of the effects of the judicial ing foreclosure. I find this amendment incred- The homeowners should not be required to modification program. ibly prudent and helpful to debtors and con- pay for the bad acts of the lenders. It would Requires the Comptroller of Currency, in co- sumers. I urge my colleagues to support this take years for a homeowner to recover from a ordination with the Director of Thrift Super- amendment. mortgage foreclosure. My amendment would vision, to submit reports to Congress on the TITUS AMENDMENT have strengthened this already much needed volume of mortgage modifications and issue The Titus Amendment would require a and well thought out bill. modification data collection and reporting re- servicer that receives an incentive payment I intend to offer a bill later this Congress to quirements. under the HOPE for homeowners to notify all address this issue. I am delighted, however, Expresses the Sense of Congress that the mortgagors under mortgages they service who that the Judiciary Committee has expressed Treasury Secretary should use amounts made are ‘‘at-risk homeowners’’ (as such term is de- their willingness to incorporate my language in available under the Act to purchase mortgage fined by the Secretary), in a form and manner the Conference language for this bill. Without revenue bonds for single-family housing. as shall be prescribed by the Secretary, that a doubt, this issue is important to me and it is Expresses the Sense of Congress that fi- they may be eligible for the HOPE for Home- critical to Americans who are facing mortgage nancial institutions should not foreclose on any owners Program and how to obtain informa- foreclosure and bankruptcy. principal homeowner until the loan modification regarding the program. tion programs included in H.R. 1106 and the Other Amendments The HOPE for Homeowners (H4H) program President’s foreclosure plan are implemented was created by Congress to help those at risk There were four amendments that were and deemed operational by the Treasury and made in order by the Rules Committee. I will of default and foreclosure refinance into more HUD Secretaries. affordable, sustainable loans. H4H is an addi- address my support or non-support for each Establishes a Justice Department Nation- tional mortgage option designed to keep bor- amendment. wide Mortgage Fraud Task Force to coordi- rowers in their homes. CONYERS AMENDMENT nate anti-mortgage fraud efforts. Would pro- The program is effective from October 1, I support the Manager’s Amendment offered vide that the Treasury Secretary shall provide 2008 to September 30, 2011. by Chairman CONYERS. The amendment that the limit on the maximum original principal makes sense and makes clear that H.R. 1106 obligation of a mortgage that may be modified How the program works is intended to help those that cannot afford to using EESA funds shall not be less than the There are four ways that a distressed home- repay their mortgage without intervention. In- dollar limit on the maximum original principal owner could pursue participation in the HOPE deed it is strength to the underlying bill by pro- obligation of a mortgage that may be pur- for Homeowners program: viding finality to the decisions worked out by chased by the Federal Home Loan Mortgage 1. Homeowners may contact their existing the bankruptcy courts. These decisions would Corporation that is in effect at the time the lender and/or a new lender to discuss how to provide finality between lenders and bor- mortgage is modified. qualify and their eligibility for this program.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A05MR7.027 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3008 CONGRESSIONAL RECORD — HOUSE March 5, 2009 2. Servicers working with troubled home- possibility of default. Home values have fallen I wholeheartedly urge my colleagues to sup- owners may determine that the best solution nationwide from an average of 19% from their port this bill. for avoiding foreclosure is to refinance the peak in 2006 and this price plunge has wiped Mr. GOODLATTE. Mr. Chairman, I homeowner into a HOPE for Homeowners out trillions of dollars in home equity. The tide yield myself 3 minutes. loan. of foreclosure might become self-perpetuating. First, I’d like to respond to the gen- 3. Originating lenders who are looking for The nation could be facing a housing depres- tleman from Vermont who said that ways to refinance potential customers out from sion—something far worse than a recession. Citigroup endorsed this legislation. under their high-cost loans and/or who are Obviously, there are substantial societal and Well, I must tell you the American willing to work with servicers to assist dis- economic costs of home foreclosures that ad- Banking Association doesn’t support tressed homeowners. versely impact American families, their neigh- this, nor do the community bankers, 4. Counselors who are working with troubled borhoods, communities and municipalities. A the bankers who still have their heads homeowners and their lenders to reach a mu- single foreclosure could impose direct costs above water all across my congres- tually agreeable solution for avoiding fore- on local government agencies totaling more sional district and many other districts closure. than $34,000. across the country that are making It is envisioned that the primary way home- Recently, the Congress set aside $100 bil- mortgage loans day in and day out. owners will initially participate in this program lion to address the issue of mortgage fore- They don’t support this legislation. is through the servicing lender on their existing closure prevention. I have long championed But a bank that is receiving already mortgage. Servicers that do not have an un- that money be a set aside to address this very tens of billions of dollars in govern- derwriting component to their mortgage oper- important issue. I believe in homeownership ment assistance supports it. That ations will partner with an FHA-approved lend- and will do all within my power to ensure that should convince us that this legislation er that does. Americans remain in their houses. leads us in the right direction? Because I am committed to helping Ameri- Then to the gentleman from Georgia, cans obtain homes and remain in their homes, Bankruptcy I would point out that the Congress, a I support the HOPE for Homeowners Program We have come full circle in our discussion number of years ago, created a special and I support this amendment. I urge my col- today. The bill before us today is on bank- Chapter 12 bankruptcy proceeding for leagues to support this bill. Indeed, I feel per- ruptcy and mortgage foreclosures. farmers, and that was a temporary sonally vindicated that Congress has set aside I have long championed in the first TARP change in the law as well, as this one a bill to address the issue of mortgage fore- bill that was introduced and signed late last is. The gentleman is correct; it only closure, an issue that I have long championed Congress, that language be included to spe- applies to existing mortgages. But that in the 110th Congress. cifically address the issue of mortgage fore- law, created many, many years ago, still exists because it’s been extended Housing, Foreclosures, and Texas closures. I had asked that $100 billion be set and extended, and we are at risk of Texas ranks 17th in foreclosures. Texas aside to address that issue. Now, my idea has been vindicated as the TARP that was voted having the same thing happen here, would have faired far worse but for the fact particularly when the mindset is that that homeowners enjoy strong constitutional upon this week has included language that would give $100 billion to address the issue of we should turn to the advice of banks protections under the state’s home-equity that are failing to tell us a good way to mortgage foreclosure. I am continuing to en- lending law. These consumer protections in- handle a problem that banks that are gage in the dialogue with Leadership to pro- clude a 3% cap on lender’s fees, 80% loan-to- succeeding say it is a bad, bad practice. value ratio (compared to many other states vide monies to those in mortgage foreclosure. And I also want to speak against this that allow borrowers to obtain 125% of their I have also asked for modification of home- amendment. Far from making bank- home’s value), and mandatory judicial sign-off owners’ existing loans to avoid mortgage fore- ruptcy a last resort, this gives home- on any foreclosure proceeding involving a de- closure. owners two bites at the apple. Even if faulted home-equity loan. I believe that the rules governing these they obtain the Obama compliant loan Still, in the last month, in Texas alone there loans should be relaxed. These are indeed modification from their lenders, i.e., have been 30,720 foreclosures and sadly tough economic times that require tough workouts that meet the terms of Presi- 15,839 bankruptcies. Much of this has to do measures. Again, I feel a sense of vindication dent Obama’s mortgage program, they with a lack of understanding about finance— on this point, because this bill, H.R. 1106 ad- can still go into bankruptcy. Once especially personal finance. dresses this point. there, they can shop for a better deal Last year, American’s Personal income de- Credit Crunch from the bankruptcy court. Lenders, creased $20.7 billion, or 0.2 percent, and dis- meanwhile, have to honor the already- A record amount of commercial real estate posable personal income (DPI) decreased cut voluntary deals all the way loans coming due in Texas and nationwide the $11.8 billion, or 0.1 percent, in November, ac- through bankruptcy. cording to the Bureau of Economic Analysis. next three years are at risk of not being re- At the end of the case, the home- Personal consumption expenditures (PCE) de- newed or refinanced, which could have dire owner keeps whichever deal is sweeter. creased $56.1 billion, or 0.6 percent. In India, consequences, industry leaders warn. Texas That’s not making bankruptcy a last household savings are about 23 percent of has approximately $27 billion in commercial resort. That’s guaranteeing abuse of their GDP. loans coming up for refinancing through 2011, both voluntary modification and bank- Even though the rate of increase has ranking among the top five states, based on ruptcy. We’re going to see a run on the showed some slowing, uncertainties remain. data provided by research firms Foresight bankruptcy courts if this legislation is Foreclosures and bankruptcies are high and Analytics LLC and Trepp LLC. Nationally, adopted. could still beat last year’s numbers. Foresight Analytics estimates that $530 billion Meanwhile, what happens to the bor- Home foreclosures are at an all-time high of commercial debt will mature through 2011. rower who rejects an offer meeting and they will increase as the recession con- Dallas-Fort Worth has nearly $9 billion in com- President Obama’s terms? Nothing. tinues. In 2006, there were 1.2 million fore- mercial debt maturing in that time frame. The bankruptcy court can theoreti- closures in the United States, representing an Most of Texas’ $27 billion in loans maturing cally refuse to confirm a borrower’s increase of 42 percent over the prior year. through 2011—$18 billion—is held by financial cramdown plan, but under the terms of During 2007 through 2008, mortgage fore- institutions. Texas also has $9 billion in com- the amendment, that will likely hap- closures were estimated to result in a whop- mercial mortgage-backed securities, the third- pen only when the lender offered a ping $400 billion worth of defaults and $100 largest amount after California and New York, modification without a voluntary billion in losses to investors in mortgage secu- according to Trepp. cramdown and the borrower has no rities. This means that one per 62 American Mr. Chairman, my amendment would have need for bankruptcy relief anyway. households is currently approaching levels not helped alleviate these problems. Although my And what about borrowers who are seen since the Depression. amendment language was not included in the within 30 days of foreclosure sales? The current economic crisis and the fore- bill, I am confident that it will be included in They don’t even have to contact their closure blight has affected new home sales the Conference language. lenders about voluntary modifications. and depressed home value generally. New All in all, I believe that this bill is important So none of the amendment modifica- home sales have fallen by about 50 percent. and will do yeoman’s work helping America tions do not apply. One in six homeowners owes more on a get back on the right track with respect to the The new manager’s amendment does mortgage than the home is worth raising the economy and the mortgage foreclosure crisis. nothing to change this exception that

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.030 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3009 swallows the whole bill. As a result, corporate profits were for the financial of risk must be proportional to the po- borrowers who may have entered into services’ sector, 40 percent. That’s tential for profit. That’s the business mortgages that they shouldn’t have in after all of their salaries and their bo- equation. Lenders will not loan money the first place, and bankruptcy attor- nuses and their $50 million corporate unless they have a prospective profit neys can game the system by simply jets and their golf tournaments and ev- on the other side of this. waiting until borrowers are within the erything else. So that means that they’re going to 30 days of a foreclosure sale to file for The Acting CHAIR. The time of the ask for more down money, and they’re bankruptcy. gentleman has expired. going to ask for more interest, and I reserve the balance of my time. Ms. ZOE LOFGREN of California. Mr. there will be fewer people owning Ms. ZOE LOFGREN of California. Mr. Chairman, I would yield the gentleman homes, not more. There may be some Chairman, I would just note that the an additional 15 seconds. temporary relief over this window over National Association of Community Mr. MILLER of North Carolina. This the next couple of years, and maybe Development Credit Unions has an- amendment simply gives lenders one this economy comes back around. But nounced their support of this measure last chance to make a voluntary modi- the long run is this: We’ll have fewer as altered. fication. That is undoubtedly better for homeowners, not more. The price for I yield 2 minutes to the gentleman a borrower to get a voluntary modifica- that will end up being more public from North Carolina (Mr. MILLER), tion rather than having to go through housing, not less, to replace the home- who’s worked so hard on this measure, bankruptcy. owners that aren’t able to own their who was the author of the underlying I support this amendment. own home. bill in the last Congress. Mr. GOODLATTE. Mr. Chairman, I This is the public housing promotion Mr. MILLER of North Carolina. Mr. yield myself 30 seconds. bill in the end. That’s where it takes Chairman, this has been a pretty re- First, I say to the gentlewoman from us. It was misplaced thinking to pass markable debate. We’ve heard we’re California that the largest credit union the Community Reinvestment Act, it’s now going down a dangerous road, and association in the world, Credit Union misplaced thinking not to hold Fannie we’ll begin the modification or altering National Association, a member-owned and Freddie, and it’s misplaced think- contracts in court. Mr. Chairman, that collection of credit unions around the ing to push this cramdown. is what bankruptcy does. That is the United States, strongly opposes this Ms. ZOE LOFGREN of California. Mr. rule of law. We do enforce contracts. legislation. When we talk about the Chairman, may I inquire as to the time Except when people get hopelessly in ‘‘little people’’ and the organizations remaining on each side? debt, we allow them to draw a line to that reach out and help people day-to- The Acting CHAIR. The gentlelady pay what they can, and then to get a day with loans, they know the impact from California has 53⁄4 minutes, and fresh start in life. That’s what bank- that this will have. the gentleman from Virginia has 41⁄2 ruptcy does. And secondly, to the gentleman from minutes. In fact, home mortgages is the only North Carolina, the fact of the matter Ms. ZOE LOFGREN of California. Mr. kind of debt that can’t be modified, and is cramdowns were entirely prohibited Chairman, I yield to the gentleman it is not because that was brought going back to the 1898 law. So for more from Florida (Mr. MEEK) 1 minute. down on stone tablets from Mount than 100 years, when they liberalized in Mr. MEEK of Florida. Mr. Chairman, Sinai. That exception is just a special- other areas, they simply continued in I just want to let the Members know on interest give which we see around here this area. It’s not true that they have this great piece of legislation and this all the time. In 1978, the mortgage in- only prohibited cramdowns since 1978. amendment that we’re debating now dustry got that exception as a special- Mr. Chairman, I yield 2 minutes to that we have a mortgage fraud task interest provision. the gentleman from Iowa (Mr. KING). force to be created in the Department We’ve heard that this will result in Mr. KING of Iowa. I thank the gen- of Justice. arbitrary modifications. No. There are tleman from Virginia for yielding. This same language passed this more than a million bankruptcy cases Mr. Chairman, this amendment be- House 350–23 in the last Congress. I a year. We have a pretty good idea fore us allows for actual fraud, mis- think it’s important, with this Nation- what bankruptcy judges are going to representation or obtaining a loan or wide task force, we have a number of do. They’re going to do the same thing refinancing by false pretenses. It’s spe- communities and a number of victims with this kind of interest that they do cific. We passed an amendment in the of those individuals that have obtained with every other, including family Judiciary Committee that prohibited loans and tried to get even second farms, and this is exactly like the such things, but the language has been loans to be able to save their homes, treatment of family farms. changed after the fact. The language they find themselves falling to these We’ve heard it will help speculators. has been changed now so that it reads predators that are out there now. No. Speculators already can be helped. that the court does not find that the This task force will be a voluntary Investors already can modify their debtor has been convicted of obtain- participation between Federal, State mortgage in bankruptcy. It is only peo- ing—by actual fraud—the extension, and local law enforcement officials to ple who live in their homes who can’t renewal or refinancing of credit that be able to close down on these individ- get relief. We’ve heard it will help peo- gives rise to a modification claim. uals. In my State of Florida, we came ple who bought too much house. No. If In other words, whatever kind of in first in 2006, 2007, 2008 of having you can’t afford a 100-percent mortgage fraud and misrepresentation or false these mortgage fraud individuals car- at higher than the prime rate, it pretenses might be used, it’s not going rying out their acts against Floridians. doesn’t help you. to be considered by a cramdown court I think it’s also important that the in- The most infuriating argument is unless there is an actual conviction. crease was 168 percent in Florida. And that the opposition is really not about That’s a breathtaking position to take as we look at making sure that we pro- helping the banking industry and the in print here in the United States Con- tect not only the borrower but also securities industry. It’s all about help- gress. making sure that lenders can be trust- ing the little people that’s going to in- I think this cramdown, when you ed in this process, that we do have bad crease interest rates on the little peo- break the contract, you allow a judge— apples amongst the lending commu- ple. Mr. Chairman, I have been hearing a judge perhaps yet to be appointed, a nity. that the whole time I have been in Con- judge with a different idea on what a I thank you for allowing me this gress. It’s never been about helping the contract is—to break that contract, minute. banks get rich, according to the banks. sever it apart, and readjust the prin- Mr. GOODLATTE. Mr. Chairman, at It’s always been about helping the lit- cipal and the interest to meet what the this time I am pleased to yield 11⁄2 min- tle people. No matter how crooked judge believes is convenient to the bor- utes to the gentleman from Georgia their business practices may seem on rower and give them two bites at the (Mr. PRICE). their face, it’s always something they apple and let them pick whatever is the Mr. PRICE of Georgia. I thank the need to do to help the little people. best deal for them? gentleman for yielding. I want to Here’s a reality. Two years ago, just I can tell you what happens, Mr. thank him for his leadership on this a couple years ago, 40 percent of all Chairman, and that is this: The degree issue.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.038 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3010 CONGRESSIONAL RECORD — HOUSE March 5, 2009 Mr. Chairman, I rise to just point out larly in this manager’s amendment— Ms. ZOE LOFGREN of California. Mr. a couple fallacies on the arguments on that would make sure that the lender Chairman, may I inquire as to how the other side. and the borrower would get together, much time remains on each side. I think it’s important that everybody that there would be a safe haven to The Acting CHAIR. The gentlelady appreciate why this law is in place in protect banks and make sure that they from California has 3 minutes remain- the first place, why isn’t cramdown al- could, in fact, renegotiate these loans, ing and the gentleman from Virginia lowed in a bankruptcy on a primary and to keep anyone from using this for has 2 minutes remaining. residence. And the reason, Mr. Chair- anything but an absolute last resort. Ms. ZOE LOFGREN of California. I man, as you well know, is that it’s to However, as a last resort, it’s a nec- would like to yield 1 minute to the gen- encourage primary residence owner- essary, because if we don’t have this, tleman from Georgia (Mr. MARSHALL) ship. If lenders don’t know what then whatever the borrower does, they at this point. amount of principal they are going to may not have recourse. Mr. MARSHALL. In reply to my be able to get back on any loan, then In my district, this is not the biggest friend from Virginia, in his observation they will not be encouraged to loan problem, foreclosures are not the big- that, in fact, there are going to be men and women across this Nation gest thing. But yet, even if one family losses and those losses that might be money to purchase a primary reason. comes to me and says, we’re desperate, incurred as a result of foreclosures for That’s why. It’s very simple. we have to declare bankruptcy, and if less than the amount of the loan, all So what this will do is make it so we had a second home, it would be cov- the expenses that are involved in at- there will be less money available for ered, if we had a yacht, it would be cov- tempting a foreclosure, the expenses homeowner purchasers, there will be ered, but our first home would not be associated with maintaining vacant less money available for individuals to covered, that’s a very difficult thing to properties—which are huge, by the gain their primary residence. explain. So I support the manager’s way—all of those losses could wind up Higher interest rates will certainly amendment. causing credit to increase in the fu- occur. The gentleman from Vermont, I Ms. ZOE LOFGREN of California. Let ture. Obviously, I described those chuckled when he said that Citigroup me mention one point that has been losses the way I did because, frankly, was supporting this. Well, as has been discussed, which is the potential that having a bankruptcy write down is said in the past, Mr. Chairman, ‘‘Sur- enacting this legislation would some- similar to the other kinds of losses prise, surprise, surprise.’’ Citigroup is how impact future interest rates for that are associated with a foreclosure supporting it because it gets billions of principal mortgages. setting, a setting in which there is a dollars from the Federal Government. I would like to mention that Mark distressed property. And in most in- What can it do? In this political econ- Zandi, who was Senator John McCain’s stances, the result for the creditor in a omy, under this leadership and this ad- economic adviser during his campaign bankruptcy process is less expensive ministration, in this political econ- for President, said this: ‘‘Given that than in other processes available to omy, politicians are directing who the the total cost of foreclosure to lenders creditors in circumstances like these. winners and losers are, who gets is much greater than that associated Bottom line, if we can limit these va- money; and consequently, Citigroup with Chapter 13 bankruptcy, there is no cancies, we limit the falling home val- can do nothing but support what this reason to believe that the cost of mort- ues, which helps the portfolios of most majority and this administration gage credit across all mortgage loan of the lenders that I know. wants. products should rise.’’ Mr. GOODLATTE. Mr. Chairman, I It’s a political economy. It’s not a I think that this is a bogus argu- yield myself the remaining time. market economy. We need to return to ment. And I think that if we don’t act Mr. Chairman, the bottom line, in re- a market economy so that the Amer- to provide fairness to this system, we sponse to the gentleman from Geor- ican people can realize their hopes and will be letting down our constituents, gia’s argument, is that his case is the dreams and make it so that more indi- and once again, the little guy will lose. strongest one for leaving the bank- viduals are able to purchase their pri- Mr. Chairman, I reserve the balance ruptcy laws the way they are because mary residence without the imposition of my time. the incentives already exist for them of the Federal Government. Mr. GOODLATTE. Mr. Chairman, I to avoid the cost that he described. So yield myself 1 minute. somebody who is struggling right now b 1245 Some of the other issues raised in with their mortgage payments, the in- Ms. ZOE LOFGREN of California. Mr. this manager’s amendment that need centive exists for them to work with Chairman, I would like to yield 15 sec- to be pointed out are that the amend- the financial institution and for the fi- onds to Mr. MARSHALL. ment provides an alternative to nancial institution to work with them Mr. MARSHALL. To the gentlemen cramdown of principal, but astound- so they don’t face the uncertainties from Georgia and Virginia, again, this ingly the alternative is free money. If that occur in bankruptcy court. only applies to existing debt. Even if the judge does not want to give a So, the bottom line is that what this the bill is extended, its terms only cramdown, he can just rewrite the is going to do is it’s going to pass along apply to existing debt now. You would mortgage as a no-interest loan over the to future people who want to buy have to change that for it to apply to full term of a new 30-year deal. Now, homes, whether the law is extended in future loans. just like there’s no such thing as a free the future or not, the cost that will be The argument, if it’s valid at all— lunch, there’s no such thing as free borne by credit unions and community and there is, frankly, scholarship to money for banks or credit unions to banks and others who are making these the contrary—but the argument that lend to the people who come to them. mortgages today—they have to cover the price of a home mortgage has gone So while the gentleman—in fact, sev- costs that are unanticipated when they up just doesn’t hold water. eral have made the point that this only made the mortgages—they’re going to Ms. ZOE LOFGREN of California. Mr. applies to existing mortgages. The fact have to pass them along in the future. Chairman, I yield 1 minute to a mem- of the matter is the money to pay for To the extent that they can volun- ber of the committee, Mr. MAFFEI. the modifications that are made here tarily work that out with the existing Mr. MAFFEI. I thank the gentle- has got to come from someplace. And homeowner, that is the best solution. woman for yielding and for her leader- while I remain concerned that all you But that occurs right now and that in- ship on this bill. would have to do in the future would be centive exists right now under the law. I, too, had some hesitation about to advance the enactment date—every- To change the law in the manner that’s broadening the bankruptcy judges’ ju- thing else in the law would be the provided for here, even with the risdiction on this. But what I did was I same—so you could continue this pol- changes in this amendment, simply listened to the other side and I worked icy and make it permanent, even if you does not work. And it does not give the with the gentlewoman from California didn’t, money from future borrowers is assurance to those who said that there and the distinguished chairman from what’s going to be used to fund these needs to be a second chance, a second Michigan, and we were able to get a lot changes in current mortgages. It’s opportunity to negotiate between the of changes in this bill—and particu- wrong. lender and the homeowner voluntarily

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.040 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3011 because, as I pointed out earlier, any way you can possibly defend how that cumstances. The exception applies if the clever bankruptcy attorney will advise is fair, that the big guys and the specu- value of the debtor’s principal residence as of his client to simply wait until they’re lators get their way, but the individual the date of the order for relief under chapter 13 is less than the applicable maximum within 30 days of foreclosure, then they struggling homeowner does not. amount of the secured debt limit specified in don’t have to engage in that, they can We have worked very hard in these section 109(e). Alternatively, the exception go straight to the bankruptcy court, last few weeks to narrow this provi- applies if the debtor’s principal residence bypass exactly what he was calling for sion, to listen to every objection that was sold in foreclosure or the debtor surren- happening, and go to the court and see was honestly made, that was credible, dered such residence to the creditor and the what they can accomplish there under and to accommodate it. This amend- value of such residence as of the date of the this very, very harmful law from the ment is a consensus measure that order for relief under chapter 13 is less than standpoint of the health of currently makes the bill better. I urge its pas- the secured debt limit specified in section 109(e). This amendment is not intended to healthy banking institutions. sage. create personal liability on a debt if there So I urge my colleagues to oppose Mr. CONYERS. Mr. Chair, Title I of H.R. would not otherwise be personal liability on this amendment and to oppose the un- 1106, the Helping Families Save Their Homes such debt. derlying bill. This is not the way to Act of 2009, is based in part on H.R. 200, leg- In addition, section 101 amends Bank- keep a healthy system by allowing peo- islation approved by the Judiciary Committee ruptcy Code section 109(h) to waive the man- ple to continue to borrow and buy last month to give families whose home mort- datory requirement that a debtor receive homes. gage is in distress a better opportunity to credit counseling prior to filing for bankruptcy relief, under certain circumstances. Ms. ZOE LOFGREN of California. Mr. come to terms with their lender on workable The waiver applies in a chapter 13 case where Chairman, I yield 30 seconds to the payment terms—more realistically based on the debtor submits to the court a certifi- gentleman from Georgia, who, I would current market interest rates and current home cation that the debtor has received notice like to point out, was actually, in his market values. that the holder of a claim secured by the prior life before Congress, an expert in Because the provisions in title I of this bill debtor’s principal residence may commence this area of the law. differ in a number of respects from H.R. 200 (or has commenced) a foreclosure proceeding Mr. MARSHALL. Again, to my friend as reported, and differ further with the adop- against such residence. tion of the manager’s amendment, I am insert- Section 102. Prohibiting Claims Arising from Virginia, the bankruptcy process from Violations of the Truth in Lending Act. is set up so that the creditor receives, ing in the RECORD a section-by-section anal- Under the Truth in Lending Act, a mort- essentially in fair value, the treatment ysis of this bill, as a further supplement to the gagor has a right of rescission with respect that the creditor otherwise would have legislative history in the floor debate today and to a mortgage secured by his or her resi- received. last week, and in the hearings and committee dence, under certain circumstances. Bank- And the reality is, in most in- report for H.R. 200. ruptcy Code section 502(b) enumerates var- stances—almost all instances—debtors H.R. 1106, THE ‘‘HELPING FAMILIES SAVE ious claims of creditors that are not entitled who default on their mortgages have THEIR HOMES ACT OF 2009,’’ SECTION-BY- to payment in a bankruptcy case, subject to SECTION EXPLANATION (AS AMENDED BY THE certain exceptions. Section 102 amends already got huge problems with other Bankruptcy Code section 502(b) to provide creditors and other debt, and lenders REVISED MANAGER’S AMENDMENT) Section 1. Short Title; Table of Contents. that a claim for a loan secured by a security typically know that it’s just throwing interest in the debtor’s principal residence is good money after bad to spend an awful Subsection (a) sets forth the short title of this Act as the ‘‘Helping Families Save Their not entitled to payment in a bankruptcy lot of time on workouts. And that’s Homes Act of 2009.’’ Subsection (b) consists case to the extent that such claim is subject why we’ve seen the programs that of the table of contents. to a remedy for rescission under the Truth in Lending Act, notwithstanding the prior we’ve put in place thus far in an at- TITLE I—PREVENTION OF MORTGAGE tempt to stem the foreclosures and the entry of a foreclosure judgment. In addition, FORECLOSURES section 102 specifies that nothing in this pro- vacancies that are hurting all of us, Subtitle A—Modification of residential mort- vision may be construed to modify, impair, those programs aren’t working, and it’s gages or supersede any other right of the debtor. in large part because these debtors Section 100. Bankruptcy Code section 101 Section 103. Authority to Modify Certain need relief from bankruptcy. Outside defines various terms. Section 100 amends Mortgages. Under Bankruptcy Code section bankruptcy, for the most part it is just this provision to add a definition of ‘‘quali- 1322(b)(2), a chapter 13 plan may not modify not going to work. fied loan modification,’’ which is defined as a the terms of a mortgage secured solely by Ms. ZOE LOFGREN of California. Mr. loan modification agreement made in ac- real property that is the debtor’s principal Chairman, I yield myself the remaining cordance with the guidelines of the Obama residence. Section 103 amends Bankruptcy Administration’s Homeowner Affordability Code section 1322(b) to create a limited ex- time. and Stability Plan, as implemented on ception to this prohibition. The exception Nearly six million households are March 4, 2009 with respect to a loan secured only applies to a mortgage that: (1) origi- facing the possibility of foreclosure in by a senior security interest in the debtor’s nated before the effective date of this provi- our country. And as a result, respon- principal residence. To qualify as such, the sion; and (2) is the subject of a notice that a sible families who did everything right, agreement must reduce the debtor’s mort- foreclosure may be (or has been) commenced who have a traditional mortgage, are gage payment (including principal and inter- with respect to such mortgage. facing foreclosure or their neighbor- est) and payments for various other specified In addition, the debtor must certify pursu- hoods are struggling. It’s estimated expenses (i.e., real estate taxes, hazard insur- ant to new section 1322(h) that he or she contacted—not less than 30 days before filing for that each foreclosed home reduces the ance, mortgage insurance premium, homeowners’ association dues, ground rent, and bankruptcy relief—the mortgagee (or the en- price of the surrounding property—peo- special assessments) to a percentage of the tity collecting payments on behalf of such ple who did nothing wrong—by 9 per- debtor’s income in accordance with such mortgagee) regarding modification of the cent, or sometimes more. That’s when guidelines. The payment may not include mortgage. The debtor must also certify that the meth dealers move that is the any period of negative amortization and it he or she provided the mortgagee (or the en- ‘‘sometimes more.’’ must fully amortize the outstanding mort- tity collecting payments on behalf of such This bill takes a number of steps. gage principal. In addition, the agreement mortgagee) a written statement of the debt- We’ve talked about bankruptcy, but must not require the debtor to pay any fees or’s current income, expenses, and debt in a format that substantially conforms with the that’s just a small part of it. It pro- or charges to obtain the modification. And, the agreement must permit the debtor to schedules required under Bankruptcy Code vides a safe harbor for servicers to continue to make these payments notwith- section 521 or with such other form as pro- modify loans. It increases the FDIC in- standing the debtor having filed a bank- mulgated by the Judicial Conference of the sured rate for banks. It makes im- ruptcy case as if he or she had not filed for United States. Further, the certification provements to the HOPE for Home- such relief. must include a statement that the debtor owners Program. But it also narrowly Section 101. Eligibility for Relief. Bank- considered any qualified loan modification affects the exemption for primary resi- ruptcy Code section 109(e) sets forth secured offered to the debtor by the mortgagee (or dences under Chapter 13. and unsecured debt limits to establish a the entity collecting payments on behalf of As has been pointed out, speculators debtor’s eligibility for relief under chapter such holder). This requirement does not 13. Section 101 of the Act amends this provi- apply if the foreclosure sale is scheduled to can go into Chapter 13 and get com- sion to provide that the computation of occur within 30 days of the date on which the plete relief; it’s only the individual debts does not include the secured or unse- debtor files for bankruptcy relief. If the homeowner who is not able to get that cured portions of debts secured by the debt- chapter 13 case is pending at the time new relief. That’s just not fair. There’s no or’s principal residence, under certain cir- section 1322(h) becomes effective, then the

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.046 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3012 CONGRESSIONAL RECORD — HOUSE March 5, 2009 debtor must certify that he or she attempted mined under section 1322(b)(11) (plus costs of of when: (1) the holder’s allowed secured to contact the mortgagee (or the entity col- sale and improvements), but not to exceed claim (as modified) is paid; (2) the debtor lecting payments on behalf of such mort- the unpaid amount of the allowed secured completes all payments under the chapter 13 gagee) regarding modification of the mort- claim determined as if such claim had not plan; or (3) if applicable, the debtor receives gage before either: (1) filing a plan under been reduced under new section a discharge under section 1328(b). Bankruptcy Code section 1321 that contains 1322(b)(11)(A). If the residence is sold in the Section 105 also provides standards for con- a modification pursuant to new section second year following the effective date of firming a chapter 13 plan that modifies a 1322(b)(11); or (2) modifying a plan under the chapter 13 plan, then the applicable per- claim pursuant to new section 1322(b)(11). Bankruptcy Code section 1323 or section 1329 centage is 70 percent. If the residence is sold First, the debtor cannot have been convicted to contain a modification pursuant to new in the third year following the effective date of obtaining by actual fraud the extension, section 1322(b)(11). of the chapter 13 plan, then the applicable renewal, or refinancing of credit that gives Under new section 1322(b)(11), the debtor percentage is 50 percent. If the residence is rise to such modified claim. Second, the may propose a plan modifying the rights of sold in the fourth year following the effec- modification must be in good faith. Lack of the mortgagee (and the rights of the holder tive date of the chapter 13 plan, then the ap- good faith exists if the debtor has no need for of any claim secured by a subordinate secu- plicable percentage is 30 percent. If the resi- relief under this provision because the debtor rity interest in such residence) in several re- dence is sold in the fifth year following the can pay all of his or her debts and any future spects. It is important to note that the in- effective date of the chapter 13 plan, then the payment increases on such debts without dif- tent of new section 1322(b)(11) is permissive. applicable percentage is ten percent. It is the ficulty for the foreseeable future, including Accordingly, a chapter 13 may propose a plan intent of this provision that if the unsecured the positive amortization of mortgage debt. that proposes any or all types of modifica- portion of the mortgagee’s claim is partially In determining whether a modification under tion authorized under section 1322(b)(11). paid under this provision it should be recon- section 1322(b)(11) that reduces the principal First, the plan may provide for payment of sidered under 502(j) and reduced accordingly. amount of the loan is made in good faith, the the amount of the allowed secured claim as Section 104. Combating Excessive Fees. court must consider whether the holder of determined under section 506(a)(1). In mak- Section 104 amends Bankruptcy Code section the claim (or the entity collecting payments ing such determination, the court, pursuant 1322(c) to provide that the debtor, the debt- on behalf of such holder) has offered the to new section 1322(i), must use the fair mar- or’s property, and property of the bank- debtor a qualified loan modification that ket value of the property as of when the ruptcy estate are not liable for a fee, cost, or would enable the debtor to pay such debts value is determined. If the issue of value is charge that is incurred while the chapter 13 and such loan without reducing the principal contested, the court must determine such case is pending and that arises from a claim amount of the mortgage. value in accordance with the appraisal rules for debt secured by the debtor’s principal Section 105 further amends section 1325 to used by the Federal Housing Administration. residence, unless the holder of the claim add a new provision. New section 1325(d) au- Second, the plan may prohibit, reduce, or complies with certain requirements. It is the thorizes the court, on request of the debtor delay any adjustable interest rate applicable intent of this provision that its reference to or the mortgage holder, to confirm a plan on and after the date of the filing of the a fee, cost, or charge includes an increase in proposing to reduce the interest rate lower plan. any applicable rate of interest for such than that specified in new section Third, it may extend the repayment period claim. It also applies to a change in escrow 1322(b)(11)(C)(ii), provided: (1) the modifica- of the mortgage for a period that is not account payments. tion does not reduce the mortgage principal; longer than the longer of 40 years (reduced To ensure such fee, cost, or charge is al- (2) the total mortgage payment is reduced by the period for which the mortgage has lowed, the claimant must comply with cer- through interest rate reduction to the per- been outstanding) or the remaining term of tain requirements. First, the claimant must centage of the debtor’s income that is the the mortgage beginning on the date of the file with the court and serve on the chapter standard for a modification in accordance order for relief under chapter 13. 13 trustee, the debtor, and the debtor’s attor- with the Obama Administration’s Home- Fourth, the plan may provide for the pay- ney an annual notice of such fee, cost, or owner Affordability and Stability Plan, as ment of interest at a fixed annual rate equal charge (or on a more frequent basis as the implemented on March 4, 2009; (3) the court to the currently applicable average prime court determines) before the earlier of one determines that the debtor can afford such offer rate as of the date of the order for relief year of when such fee, cost, or charge was in- modification in light of the debtor’s finan- under chapter 13, as determined pursuant to curred or 60 days before the case is closed. cial situation, after allowance of expense certain specified criteria. The rate must cor- Second, the fee, cost, or charge must be amounts that would be permitted for a debt- respond to the repayment term determined lawful under applicable nonbankruptcy law, or subject to section 1325(b)(3), regardless of under new section 1322(b)(11)(C)(i) as pub- reasonable, and provided for in the applica- whether the debtor is otherwise subject to lished by the Federal Financial Institutions ble security agreement. such paragraph, and taking into account ad- Examination Council in its table entitled, Third, the value of the debtor’s principal ditional debts and fees that are to be paid in ‘‘Average Prime Offer Rates—Fixed.’’ In ad- residence must be greater than the amount chapter 13 and thereafter; and (4) the debtor dition, the rate must include a reasonable of such claim, including such fee, cost or is able to prevent foreclosure and pay a fully premium for risk. charge. amortizing 30-year loan at such reduced in- Fifth, the plan, pursuant to new section If the holder fails to give the required no- terest rate without such reduction in prin- 1322(b)(11)(D), may provide for payments of tice, such failure is deemed to be a waiver of cipal. If the mortgage holder accepts a debt- such modified mortgage directly to the hold- any claim for such fees, costs, or charges for or’s proposed modification under this provi- er of the claim or, at the discretion of the all purposes. Any attempt to collect such sion, the plan’s treatment is deemed to sat- court, through the chapter 13 trustee during fees, costs, or charges constitutes a violation isfy the requirements of section 1325(a)(5)(A) the term of the plan. The reference in new of the Bankruptcy Code’s discharge injunc- and the proposal should not be rejected by section 1322(b)(11)(D) to ‘‘holder of the tion under section 524(a)(2) and the auto- the court. claim’’ is intended to include a servicer of matic stay under section 362(a), whichever is Section 106. Discharge. Bankruptcy Code such mortgage for such holder. It is antici- applicable. section 1328 sets forth the requirements by pated that the court, in exercising its discre- Section 104 further provides that a chapter which a chapter 13 debtor may obtain a dis- tion with respect to allowing the debtor to 13 plan may waive any prepayment penalty charge and the scope of such discharge. Sec- make payments directly to the mortgagee or on a claim secured by the debtor’s principal tion 106 amends section 1328(a) to clarify by requiring payments to be made through residence. that the unpaid portion of an allowed se- the chapter 13 trustee, will take into consid- Section 105. Confirmation of Plan. Bank- cured claim modified under new section eration the debtor’s ability to pay the trust- ruptcy Code section 1325 sets forth the cri- 1322(b)(11) is not discharged. This provision is ee’s fees on payments disbursed through the teria for confirmation of a chapter 13 plan. not intended to create a claim for a defi- trustee. Section 105 amends section 1325(a)(5) (which ciency where such a claim would not other- New section 1322(g) provides that a claim specifies the mandatory treatment that an wise exist. may be reduced under new section allowed secured claim provided for under the Section 107. Standing Trustee Fees. 1322(b)(11)(A) only on the condition that the plan must receive) to provide an exception Section 108(a) amends 28 U.S.C. debtor agrees to pay the mortgagee a stated for a claim modified under new section portion of the net proceeds of sale should the 1322(b)(11). The amendment also clarifies § 586(e)(1)(B)(i) to provide that a chap- home be sold before the completion of all that payments under a plan that includes a ter 13 trustee may receive a commis- payments under the chapter 13 plan or before modification of a claim under new section sion set by the Attorney General of no the debtor receives a discharge under section 1322(b)(11) must be in equal monthly more than four percent on payments 1328(b). The debtor must pay these proceeds amounts pursuant to section made under a chapter 13 plan and dis- to the mortgagee within 15 days of when the 1325(a)(5)(B)(iii)(I). bursed by the chapter 13 trustee to a debtor receives the net sales proceeds. If the In addition, section 105 specifies certain creditor whose claim was modified residence is sold in the first year following protections for a creditor whose rights are the effective date of the chapter 13 plan, the modified under new section 1322(b)(11). As a under Bankruptcy Code section mortgagee is to receive 90 percent of the dif- condition of confirmation, new section 1322(b)(11), unless the bankruptcy court ference between the sales price and the 1325(a)(10) requires a plan to provide that the waives such fees based on a determina- amount of the claim as originally deter- creditor must retain its lien until the later tion that the debtor has income less

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.010 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3013 than 150 percent of the official poverty tionwide Mortgage Fraud Task Force Act of It is important to remember that behind the line applicable to the size of the debt- 2009. economic and housing statistics are real peo- or’s family and payment of such fees Section 302. Nationwide Mortgage Fraud ple—the hard-working Americans and their Task Force. Subsection (a) establishes a na- would render the debtor’s plan infeasi- tionwide mortgage fraud task force within families who are facing difficulties paying their ble. the Justice Department to address mortgage bills every day. H.R. 1106 contains several With respect to districts not under fraud in the United States. Subsection (b) key provisions to ensure that homeowners will the United States trustee system, sec- mandates that the Attorney General must have more options available to them to stay in tion 108(b) makes a conforming revi- provide the task force with appropriate staff, their homes. sion to section 302(d)(3) of the Bank- administrative support, and other resources The bill before us would make necessary ruptcy Judges, United States Trustees, necessary so that the task force can carry out its duties. Subsection (c) requires the At- improvements to the Hope for Homeowners and Family Farmer Bankruptcy Act of program including reducing current fees that 1986. torney General to appoint one staff member to be the executive director of the task force have discouraged lenders from voluntarily par- Section 108. Effective Date; Applica- who, in turn, will ensure that the task force ticipating and offering a $1,000 incentive pay- tion of Amendments. Section 108(a) carries out its duties. Subsection (d) requires ment to servicers for each successful refi- provides that this measure and the the task force to establish, oversee, and di- nance of existing loans. H.R. 1106 will ensure amendments made by it, except as pro- rect branches in each of the ten states deter- that predatory lenders, who bear some of the vided in subsection (b), take effect on mined by the Attorney General to have the responsibility for today’s housing situation, will highest concentration of mortgage fraud. the Act’s date of enactment. not be approved as lenders under FHA pro- Section 108(b)(1) provides, except as Subsection (e) requires the task force to coordinate with federal, state and local law en- grams. The legislation also provides a safe provided in paragraph (2), that the harbor from liability to mortgage servicers who amendments made by this measure forcement to establish mortgage fraud initiatives; provide training; and collect and engage in certain loan modifications, and it apply to cases commenced under title disseminate data. Subsection (f), among makes permanent an increase, from $100,000 11 of the United States Code before, on, other matters, authorizes the task force to to $250,000, in the amount of bank or credit or after the Act’s date of enactment. establish a toll-free hotline for reporting union deposits insured by Federal banks and Section 108(b)(2) specifies that para- mortgage fraud; provide the public with ac- credit union regulators. H.R. 1106 establishes graph (1) does not apply with respect to cess to information and resources with respect to mortgage fraud; establish a data a 5-year restoration plan for the National cases that are closed under the Bank- Credit Union Administration (NCUA) which is ruptcy Code as of the date of the enact- base; and make legislative proposals. Sub- section (g), for purposes of this provision, de- currently required to restore the equity ratio of ment of this Act. the Share Insurance Fund within one year. Section 109. GAO Study. Section 109 fines mortgage fraud as a material misstatement, misrepresentation or omis- I think most of us agree that bankruptcy requires the Government Account- sion relating to the property or potential ability Office to complete a study and should be the option of last resort. However, mortgage relied on by an underwriter or for those homeowners facing bankruptcy, H.R. to submit a report to the House and lender to fund, purchase, or insure a loan. 1106 will allow bankruptcy judges to reduce Senate Judiciary Committees within TITLE IV—FORECLOSURE MORATORIUM the principal, extend the repayment period, or two years from the enactment of this PROVISIONS Act a report. The report must contain Section 401. Sense of the Congress on Fore- authorize the reduction of an exorbitant inter- the results of the study of: (1) the num- closures. Subsection (a) expresses a sense of est rate to a level that helps make a mortgage ber of debtors who filed cases under the Congress that mortgage holders, institu- more affordable. I am glad that we have been chapter 13, during the one-year period tions, and mortgage servicers should not ini- able to make changes to this legislation that beginning on the date of the enactment tiate a foreclosure proceeding or sale until will enable homeowners to stay in their the foreclosure mitigation provisions, such homes, while at the same time providing of this Act for the purpose of restruc- as Hope for Homeowners Program and the turing their principal residence mort- greater certainty to lenders and to the sec- President’s Homeowner Affordability and ondary market. gages; (2) the number of mortgages re- Stability Plan, have been implemented and structured under this Act that subse- determined to be operational by the Sec- I am hopeful that this bill will help to stem quently resulted in default and fore- retary of the Treasury and the Secretary of the tide of foreclosures and ensure that our closure; (3) a comparison between the Housing and Urban Development. Subsection neighborhoods do not experience a cascade effectiveness of mortgages restructured (b) states that the foreclosure moratorium of increased vacant lots and decreased prop- under programs outside of bankruptcy, should apply only for first mortgages secured erty values. by the owner’s principal dwelling. Sub- The President has proposed a plan to help such as Hope Now and Hope for Home- section (c) provides that if a mortgage hold- owners, and mortgages restructured er, institution, or mortgage servicer (to make it easier for homeowners, including under this Act; (4) the number of ap- which subsection (a) applies) reaches a loan those who are still in repayment but at risk for peals in cases where mortgages were modification agreement with a homeowner default, to refinance their mortgages at around restructured under this Act; (5) the under the auspices of the Federal Housing the current market rate, or modify their loans. number of such appeals where the Administration before any plan referred to H.R. 1106 is an important step in moving for- bankruptcy court’s decision was over- in such subsection takes effect, subsection ward with that plan. We must act now. The turned; and (6) the number of bank- (a) shall cease to apply to such institution as American people deserve no less than our full of the effective date of the loan modification commitment to helping them through these ruptcy judges disciplined as a result of agreement. Subsection (d) states that any actions taken to restructure mortgages homeowner for whose benefit any foreclosure troubled times. under this Act. In addition, the report proceeding or sale is barred under subsection I urge my colleagues to support this legisla- must include a recommendation as to (a) from being instituted, continued or con- tion. whether such amendments should be summated with respect to any homeowner Ms. ZOE LOFGREN of California. Mr. amended to include a sunset clause. mortgage should not destroy, damage, or im- Chairman, I yield back the balance of Section 110. Report to Congress. Not pair such property, allow it to deteriorate, or commit waste on the property. Subsection my time. later than 18 months after the date of The Acting CHAIR. The question is enactment of this Act, the Government (e) provides that any homeowner for whose benefit any foreclosure proceeding is barred on the amendment, as modified, offered Accountability Office, in consultation under subsection (a) from being instituted, by the gentlewoman from California with the Federal Housing Administra- continued, or consummated with respect to (Ms. ZOE LOFGREN). tion, must submit to Congress a report any homeowner mortgage should respond to The question was taken; and the Act- containing: (1) a comprehensive review reasonable inquiries from a creditor or of the effects of the Act’s amendments servicer during the period during which such ing Chair announced that the ayes ap- on bankruptcy courts; (2) a survey of foreclosure proceeding or sale is barred. peared to have it. whether the types of homeowners eligi- Mrs. MALONEY. Mr. Chair, I rise today in Mr. GOODLATTE. Mr. Chairman, I ble for the program should be limited; strong support of H.R. 1106, the ‘‘Helping demand a recorded vote. and (3) a recommendation on whether Families Save Their Homes Act.’’ This legisla- The Acting CHAIR. Pursuant to such amendments should remain in effect. tion is needed now more than ever, and I want clause 6 of rule XVIII, further pro- TITLE III—MORTGAGE FRAUD to commend Chairman FRANK, Chairman CON- ceedings on the amendment offered by Section 301. Short Title. Section 301 sets YERS, and the Leadership for working together the gentlewoman from California will forth the short title of title III as the Na- to bring this bill to the Floor. be postponed.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.014 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3014 CONGRESSIONAL RECORD — HOUSE March 5, 2009 AMENDMENT NO. 2 OFFERED BY MR. PRICE OF cramdown at a profit, he or she can Mr. PRICE of Georgia. May I inquire GEORGIA pocket all of the difference. Mr. Chair- as to the time remaining? The Acting CHAIR. It is now in order man, no one should be able to profit off The Acting CHAIR. The gentleman to consider amendment No. 2 printed in of a bankruptcy proceeding. Bank- from Georgia has 2 minutes and the House Report 111–21. ruptcy should not be an opportunity to gentlelady from California has 4 min- Mr. PRICE of Georgia. Mr. Chairman, game the system. Hence my amend- utes. I have an amendment made in order by ment. Mr. PRICE of Georgia. I am pleased the rule. The amendment would prevent this to yield to my friend from Virginia The Acting CHAIR. The Clerk will from happening by simply saying that (Mr. GOODLATTE) 1 minute. designate the amendment. if a homeowner who has had a mort- Mr. GOODLATTE. I thank the gen- The text of the amendment is as fol- gage modified in a bankruptcy pro- tleman for yielding me the time, and I lows: ceeding sells the home at a profit, the am pleased to support his amendment, Amendment No. 2 offered by Mr. PRICE of which addresses a serious problem Georgia: lender—the individuals originally at Beginning on page 7, strike line 5 and all risk for the money—may recapture the that’s in the underlying bill that is not that follows through line 16 on page 8, insert amount of principal lost in the modi- corrected by the manager’s amend- the following (and make such technical and fication or cramdown. ment, and that is that the cramdown conforming changes as may be appropriate): By putting lenders in a position of bill will reduce the incentive for many days after receiving such proceeds, if such hedging against cramdown losses, this solvent borrowers to keep making pay- residence is sold after the effective date of legislation will raise interest rates for ments on their mortgages. the plan, the amount of the difference be- the very individual whose tax dollars While there are 3 million borrowers tween the sales price and the amount of such are paying all of these government who are 60 days or more delinquent on claim as originally determined under sub- bailouts. Some suggest that the their mortgages, 52 million borrowers section (b)(11) (plus costs of sale and im- remain current in their payments. The provements), but not to exceed the unpaid cramdown may raise interest rates as amount of the allowed secured claim deter- much as 2 percentage points. The 92 cramdown bill gives struggling, but mined as if such claim had not been reduced percent of homeowners who are work- still solvent, borrowers a powerful in- under such subsection. ing to pay off their mortgages should centive to stop paying off their mort- The Acting CHAIR. Pursuant to not be forced to subsidize the mistakes gages, trigger foreclosure notices and House Resolution 190, the gentleman of irresponsible borrowing or lending. go into bankruptcy to cramdown their from Georgia (Mr. PRICE) and a Mem- By restoring the lender the money that mortgage principal and restructure or ber opposed each will control 5 min- is owed them, we will mitigate the eliminate all of their other debts. utes. amount to which the industry will need We will have an outright catastrophe The Chair recognizes the gentleman to raise interest rates on responsible on our hands if most borrowers get the from Georgia. homeowners. idea that they can successfully game Mr. PRICE of Georgia. Mr. Chairman, This bill is yet another ‘‘Joe the the bankruptcy system in this way. at a time when the government is plumber’’ moment here in this Con- The gentleman’s amendment would going to unprecedented lengths to sta- gress, providing for the redistribution correct this problem and make sure bilize the banking system, this legisla- of wealth from responsible, account- that we don’t have a run on the bank- tion is short-sighted, untimely, unfair, able taxpayers to borrowers and lend- ruptcy courts of great magnitude by and counterproductive. ers who will not be held accountable. creating what is currently in the bill Now, while some might see now, an incentive to file bankruptcy if cramdown as a quick fix, in reality the b 1300 the value of your mortgage is greater legislation will have a costly impact on President Obama has spoken repeat- than the value of your home. generations to come. Ranking Member edly of the importance of fairness and THE FOUR WORST THINGS ABOUT THE SMITH of the Judiciary Committee sent personal responsibility. This amend- MORTGAGE CRAMDOWN BILL (H.R. 200) a thoughtful letter to the administra- ment is an important step in that di- No. 1: Back to the Financial Meltdown— tion raising concerns about the bill, rection. The cramdown bill seriously threatens to saying that it would lead to, one, sig- I urge my colleagues to adopt the send us through a time warp straight back to nificant taxpayer liability for Federal amendment, a responsible and simple the September financial meltdown. Write- mortgage guarantees by redistributing amendment, and reserve the balance of downs of mortgages in bankruptcy will inex- my time. orably force downgrades of mortgage-backed wealth from responsible taxpayers to securities based on those mortgages. The irresponsible borrowers and lenders; Ms. ZOE LOFGREN of California. Mr. downgrades will in turn force banks and in- two, the hoarding by banks of hundreds Chairman, I must oppose this amend- surance companies on the hook for the secu- of billions of dollars in capital, under- ment, and I yield myself such time as rities to boost their capital reserves. (For ex- mining the efforts that have been un- I may consume. ample, if a AAA-rated security is down- dertaken by the government since Sep- The issue it addresses is already ad- graded to a BB rating, a bank or insurance tember to stabilize the financial mar- dressed in the bill and, again, in the company will have to hold 10-times the cap- ket; and three, additional constriction manager’s amendment. This would ital reserves.) The resulting hoarding of cap- take the issue another step further, ital could total hundreds of billions of dol- in the home lending market. This bill lars, freeze lending, kill many already punishes those who have lived within and I will say it’s a step too far. wounded banks, and send us straight back to their means and acted prudently by This would have the effect of making the brink we faced in September 2008. This forcing them to subsidize those who it practically impossible for a family could precipitate another bank bailout to made irresponsible choices. to move to pursue another job. Fami- the tune of hundreds of billions of dollars, One of the many problems with this lies would not only keep their homes, and it will undermine everything we yet bill is that it doesn’t have any safe- they would be trapped there. have done to stem the financial crisis. guards to prevent the very people who The bill also leaves no room for a No. 2: Moral Hazard—The cramdown bill homeowner to reap a windfall, either will reduce the incentive for many solvent profited from risky behavior and irre- borrowers to keep making payments on their sponsible choices from further bene- calculated or happenstance, so this mortgages. While 3 million borrowers are 60 fiting at taxpayer expense. The text of amendment is unrequired. days or more delinquent on their mortgages, the underlying legislation will allow I would note that the Price amend- 52 million borrowers remain current in their for a partial payback of the cramdown ment would turn homeowners really payments. The cramdown bill gives strug- amount if the house is sold within 4 into renters for life. It would remove gling but still solvent borrowers a powerful years of the modification. The man- any incentive for a homeowner who incentive to stop paying off their mortgages, ager’s amendment barely changes the needed to sell a house to seek top value trigger foreclosure notices, and go into bank- in the sale of that house or even to ruptcy to cram down their mortgage prin- language already in the bill by extend- cipal and restructure or eliminate all of ing by 1 year and 10 percent the pos- keep up appearances on that house. their other debts. We will have an outright sible partial recapture. It’s a mistake, and it’s not what the catastrophe on our hands if most borrowers If a mortgagee sells his or her home American Dream is all about. get the idea that they can successfully game 6 years after going through a I reserve the balance of my time. the bankruptcy system in this way.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.048 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3015 No. 3: Higher Interest Rates and Down cramdown, 100 percent of the value, up- written down but the homeowner in a Payment Requirements—Including for the side value, goes to the lender. condo cannot. Innocent and the Risky Borrowers Most in The Acting CHAIR. The time of the I would point out that if condo values Need—The cramdown bill is not the last rise, the speculator under the Price step. It is the key step in the Democratic gentleman has expired. Congress’ walk-up to its long-sought repeal Ms. ZOE LOFGREN of California. I amendment gets all the value, the of the primary residence mortgage exception would yield the gentleman an addi- lender gets none. Only the homeowner from the Bankruptcy Code. Once the primary tional 15 seconds. would be made a renter for life. Now, residence exception is gone, lenders’ greatly Mr. MARSHALL. One hundred per- how is that fair in America, a country increased risk will surely lead to higher in- cent of the upside goes to the lender, that’s looking for fairness? terest rates, higher down payment require- and then gradually the borrower, by I would like to note that currently, if ments, and other, tighter terms of principal performing appropriately, obtains eq- a lender forecloses on a home, it re- residence mortgages. This will especially ceives none of the home’s appreciation. hurt already risky, lower-income borrowers, uity in the property. anyone who needs to refinance out of a chal- It’s a reasonable balance here. The So what is in the manager’s amend- lenging mortgage, and everyone who respon- balance could have been struck some ment, the balanced amendment—I sibly waited on the home-buying sidelines other way. In effect, the lender con- want to credit Mr. MARSHALL for his until the housing bubble burst. In fact, once tinues to have an interest and the bal- excellent work in putting this in—is a the first, very big step is taken through the ance is appropriate—does not go so far vast improvement over current bank- cramdown bill, lenders would be foolish not as the gentleman’s suggestion goes, be- ruptcy law as it relates to homeowners. to begin pricing in their likely increased risk Now, why is this important? Lenders right away. So what’s the result of the cause the gentleman’s suggestion cramdown bill? Nothing more than swapping would essentially kill the bill and con- benefit by getting part of their appre- the victims. tinue these vacancies that are hurting ciated value and by savings on fore- No. 4: We Still Have Better Options We Can all of us. closure costs. Homeowners share in the Try—Backers of the cramdown bill say we’ve Mr. PRICE of Georgia. I will continue value of their home’s increasing value, tried everything else to stem the foreclosure and that’s the American Dream. crisis, and nothing else has worked. That’s to reserve. Ms. ZOE LOFGREN of California. I I would note also that it provides in- nonsense. The most recent voluntary pro- centives for homeowners who have grams are working better, and top-flight aca- believe I have the right to close, do I demics have proposed a terrific solution to not? Does the gentleman have addi- gone through the tragic circumstance get at the mortgages we still haven’t been tional speakers? of losing so much and reorganizing in able to reach—mortgages served by third- Mr. PRICE of Georgia. I don’t; do chapter 13 and the stigma that that en- party servicers that don’t own the loans. you? tails. It provides them incentive to These servicers lack sufficient incentive to Ms. ZOE LOFGREN of California. No, continue to keep up their properties, to seek loan modifications rather than to fore- paint their houses and to keep up ap- close. What is more, if they do modify loans, we don’t. they can be sued by mortgage-backed securi- Mr. PRICE of Georgia. Mr. Chairman, pearances because they have a stake in ties investors. Still on the table is a proposal this is a very simple amendment. What the future as well, it’s not just some to fix this problem by giving third-party it says is that if a bank loans an indi- remote bank. servicers a small, per-loan incentive out of vidual $150,000 to purchase a home, and Finally, communities benefit because TARP funds, and cutting off litigation risk that is subject to a bankruptcy provi- homeowners have this incentive to by overriding problem contract clauses and maintain their properties. So it’s im- affording a litigation safe-harbor. This pro- sion and a cramdown, and a judge says that principal will only be $100,000, and portant that this measure proceed. As I posal appears to be the best possible solution mentioned earlier, the Price amend- for the critical mass of the remaining prob- that individual who owns the home lem loans. It will cost little more than $10 then sells it at a future date, more ment would basically gut this bill and billion in TARP funds. Why on earth would than 5 years, for somewhere between that would be a mistake. we risk the parade of horribles and hundreds $100,000 and $150,000, then that amount With 6 million homeowners facing of billions of dollars of downside risk threat- of money goes to the lender, the indi- foreclosure, that is a disaster not just ened by the cramdown bill, when we still for those 6 million but for their neigh- haven’t tried other, better options. viduals that were individually at risk for the money, loaned the money. If it bors. I have seen areas in our country Ms. ZOE LOFGREN of California. I was over $150,000, then the old home- where half the houses are in fore- would yield to the gentleman from owner is able to pocket that profit ap- closure, and I will tell you, it’s a night- Georgia (Mr. MARSHALL) 1 minute. mare for everyone in that community. Mr. MARSHALL. Mr. Chairman, in propriately. It’s a very simple provision. It’s a The meth dealers move in, the property response to the motion, I understand values decline. that the gentleman from Georgia is op- provision, an amendment of fairness, of simplicity. It doesn’t gut the bill. In Reject the Price amendment. posed to the bill. In effect, the gentle- Mr. SHERMAN. Mr. Chair, the Price amend- fact, what it does is actually makes the man’s amendment, proposed amendment to H.R. 1106 fails to deal appropriately system fair and responsible and re- ment, would simply gut the bill. People with post-bankruptcy improvements made by wards responsible activity. would not take advantage of this relief. the homeowner. I am not somebody who is interested I urge my colleagues to support a The Acting CHAIR. All time for de- in taking taxpayer dollars and inject- commonsense, responsible amendment bate has expired. ing the taxpayer dollars into a bad and yield back the balance of my time. The question is on the amendment deal, either to help out the lender or Ms. ZOE LOFGREN of California. Mr. offered by the gentleman from Georgia help out the borrower. I am somebody Chairman, this amendment would en- (Mr. PRICE). who is interested, for the sake of our rich lenders and really gut the bill, The question was taken; and the Act- lenders, and all of our homeowners, in damage communities and damage ing Chair announced that the noes ap- seeing the number of vacancies dimin- home values. In the bill there is a re- peared to have it. ish, not increase, in finding some sort sponsible provision for lenders who Mr. PRICE of Georgia. Mr. Chairman, of bottom to home values. Now, this have had their mortgages adjusted in I demand a recorded vote. bill does that. chapter 13 to recover on a graduated The Acting CHAIR. Pursuant to It also, and I was largely the author basis, should property values appre- clause 6 of rule XVIII, further proof this, it also provides that there is a ciate at sale. What this amendment ceedings on the amendment offered by claw-back provision where equity is would do would be to turn homeowners the gentleman from Georgia will be concerned. The borrower has incentives into renters for life. postponed. to take care of the property to improve I will just point out something else. AMENDMENT NO. 3 OFFERED BY MR. PETERS the property because, gradually, the In bankruptcy law, if you are a specu- The Acting CHAIR. It is now in order borrower acquires equity in the prop- lator, you go in and you buy three con- to consider amendment No. 3 printed in erty. But initially the borrower does dominiums on spec, and you hope you House Report 111–21. not have equity in the property fol- are going to make a fortune on it. But, Mr. PETERS. I have an amendment lowing cramdown. instead, the market turns. You go into at the desk. What this bill provides is that if a chapter 13, you can get the principal The Acting CHAIR. The Clerk will borrower defaults hard on the heels of written down, you can get the interest designate the amendment.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.019 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3016 CONGRESSIONAL RECORD — HOUSE March 5, 2009 The text of the amendment is as fol- Mr. Chairman, I urge my colleagues His amendment, Mr. PETERS’ amend- lows: to support this amendment, and I re- ment, ensures that homeowners will be Amendment No. 3 offered by Mr. PETERS: serve the balance of my time. able to meet their obligations, to ob- Beginning on page 3, strike line 21 and all Mr. GOODLATTE. Mr. Chairman, I tain credit counseling without risking that follows through line 2 on page 4, insert rise to claim the time in opposition to foreclosure. It strikes the right bal- the following: the amendment, even though I am not ance, and it shows real foresight, judg- ‘‘(5) Notwithstanding the 180-day period opposed to the amendment. ment and skill on Mr. PETERS’ part, specified in paragraph (1), with respect to a The Acting CHAIR. Is there objection and I appreciate supporting his amend- debtor in a case under chapter 13 who submits to the court a certification that the to the request of the gentleman from ment, and I appreciate his presence debtor has received notice that the holder of Virginia? here in our body. a claim secured by the debtor’s principal res- There was no objection. Mr. GOODLATTE. Mr. Chairman, idence may commence a foreclosure on the Mr. GOODLATTE. Mr. Chairman, I may I ask how much time is remaining debtor’s principal residence, the require- yield myself such time as I may con- on each side? ments of paragraph (1) shall be considered to sume. The Acting CHAIR. There are 31⁄2 be satisfied if the debtor satisfies such re- The amendment seeks partially to re- minutes for the gentleman from Vir- quirements not later than the expiration of instate a credit counseling requirement ginia and 2 minutes for the gentleman the 30-day period beginning on the date of for chapter 13 bankruptcy petitioners the filing of the petition.’’. from Michigan. that H.R. 1106 will strip entirely away. b 1315 The Acting CHAIR. Pursuant to There is no good reason to wipe out the House Resolution 190, the gentleman credit counseling requirement for debt- Mr. GOODLATTE. Mr. Chairman, I from Michigan (Mr. PETERS) and a ors facing foreclosure. yield such time as he may consume to Member opposed each will control 5 Bankruptcy credit counseling bene- the gentleman from Texas (Mr. minutes. fits consumers by providing the finan- GOHMERT). The Chair recognizes the gentleman cial education needed to emerge suc- Mr. GOHMERT. Mr. Chairman, the from Michigan. cessfully from bankruptcy. Home- crisis that we’re in right now had a Mr. PETERS. Mr. Chairman, I would owners facing foreclosure are ideal can- number of factors that helped create it. like to yield myself such time as I may didates for credit counseling. This is One, we had investment bankers on consume. not always because they can avoid Wall Street that got a little too Today we are considering some im- bankruptcy. greedy. Congress forced banks to make portant legislation that is going to pro- It is often so that they can get help some loans that they shouldn’t have vide borrowers, lenders and the govern- to increase their prospects of being made. ment with a number of very important successful after bankruptcy. The vast But throughout all this process, com- tools to address the housing and fore- majority of Americans who receive munity banks, generally speaking, by closure crisis in this country. Much of credit counseling believe strongly that and large, have done a great job of the focus of this debate has been on the it benefits them. staying stable even through the tough- bankruptcy reform portion, which is Finally, credit counseling offers one est of times. But we keep rewarding also the focus of the amendment on the last real opportunity for a homeowner greed and improper conduct and then floor right now. to reach out to a lender and determine keep hurting the people who have done Under current law, those filing for whether a loan modification is pos- the most good. bankruptcy must receive counseling sible. A majority claims that many Now, I understand the hearts of those services from an improved credit coun- borrowers were hoodwinked into ob- on the other side that are pushing this, seling agency during the 180-day period taining their loans. That’s largely why and I understand that my colleagues before the bankruptcy filing. H.R. 1106 the majority wants homeowners to be feel like it’s going to help. But the fact eliminates the counseling requirement able to take their loans into bank- is you talk to the community banks for those who have already received a ruptcy. who have really been hurt, starting foreclosure notice because of a concern But if credit counseling might show with Paulson’s screaming that we’ll that the requirement would be a proce- homeowners a better option than bank- take care of dollar for dollar of every dural burden for those who file for ruptcy, why not let them try coun- dime in money market accounts but bankruptcy quickly in order to save seling. The amendment we are consid- banks are only covered to $100,000. Peo- their homes. ering does not go far enough. It does ple withdrew their money from the The Peters’ amendment would pre- not fully restore the requirement for banks. They still survived and they’re serve the requirement for credit coun- counseling that is in current law. doing well. seling but would allow those who have The Rules Committee should have But you’ve got to look at what banks received a foreclosure notice to file for made Mr. FORBES’ credit counseling are required to do. They’re required to bankruptcy so long as they obtained amendment in order. That amendment be solvent. And that means on the the required credit counseling within would fully restore the counseling re- asset side, they have to show a net 30 days after the bankruptcy filing. quirement and ensure that borrowers plus. And if we pass this, then that net This will ensure that everyone who receive counseling before they file for plus will be an uncertainty. They will enters the bankruptcy process will con- bankruptcy. not know what they have because we’ll tinue to receive this very important However, because the amendment be- have a bankruptcy judge who can come service, but it also makes clear that no fore us does restore at least a limited in and just at his whim change the one will lose their home because they requirement for counseling, I support principal on a mortgage. And I see my could not get access to counseling on it. colleague shaking her head. A bank- time. I reserve the balance of my time. ruptcy judge will be able to lower the Credit counseling is an incredibly im- Mr. PETERS. I would like to yield to principal. That’s what this is about, portant service. In some cases the inde- the gentlewoman from California (Ms. and that is going to be creating such pendent credit counselors can review a ZOE LOFGREN) for 1 minute. uncertainty in the banks. debtor’s finances and recommend op- Ms. ZOE LOFGREN of California. Mr. And here at a time when we have just tions other than bankruptcy that may Chairman, I rise to support this amend- in 2 months added what will ultimately be appropriate. It should always be our ment offered by my colleague from be more taxes to the next generation goal to keep people out of bankruptcy Michigan (Mr. PETERS). and the generation after that than they whenever possible. It was a pleasure to work with him to could possibly pay, now if this passes, In every case, however, credit coun- reach agreement on his amendment, those banks will have to be so sure selors can provide important tools for and I appreciate his commitment to that people will not file bankruptcy, budgeting that will help the debtor ad- ensuring that Americans have credit they’re going to need to have a good just to living under the kinds of finan- counseling under the Bankruptcy Code, credit history for 10, 15 years, 20 years. cial restrictions that bankruptcy re- especially in these difficult economic So not only are we adding all this tax quires. times. burden to them, we’re also telling

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.055 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3017 them, and, by the way, you’re not The Acting CHAIR. Pursuant to for by taxpayer dollars notify at-risk going to be able to get a home loan for clause 6 of rule XVIII, further pro- homeowners that they may be eligible years to come until you have such a ceedings on the amendment offered by for the program and tell them how to great track record that a bank can be the gentleman from Michigan will be obtain information regarding the pro- certain you won’t file bankruptcy be- postponed. gram. It also requires that the HUD cause otherwise their bank financial AMENDMENT NO. 4 OFFERED BY MS. TITUS Secretary define who are at-risk home- statement will be uncertain. The Acting CHAIR. It is now in order owners and prescribe a form and man- We’ve done enough damage to the to consider amendment No. 4 printed in ner of notifying them of their potential next generations. It’s time to stop House Report 111–21. eligibility for assistance. hurting the next generations. Let’s Ms. TITUS. Mr. Chair, I have an By requiring HUD to define what is take care of this with our generation. amendment at the desk. meant by ‘‘at risk’’ and to prescribe Let’s not reward problem activity. The Acting CHAIR. The Clerk will the method of notification of eligible Let’s let the community banks survive designate the amendment. homeowners, my amendment attempts this process without hurting them any The text of the amendment is as fol- to limit the administrative burden on worse. lows: the servicers. At the same time, it en- Mr. PETERS. Mr. Chairman, I do not Amendment No. 4 offered by Ms. TITUS: sures that homeowners who are in dan- have any further requests for time, and Page 34, strike line 13, and insert the fol- ger of losing their homes and may be I reserve the balance of my time. lowing: eligible for help will receive as much Mr. GOODLATTE. Mr. Chairman, ‘‘(x) PAYMENT TO EXISTING LOAN information as possible about the may I ask how much time is remain- SERVICERS.— HOPE for Homeowners Program. Many ing? ‘‘(1) PAYMENT.—The’’. people in trouble do not even know The Acting CHAIR. The gentleman Page 34, after line 17, insert the following: what help is available to them, and ‘‘(2) NOTIFICATION REQUIREMENT.—The Sec- from Virginia has 30 seconds remain- this amendment will help resolve that ing. retary shall require each servicer that receives a payment under this paragraph to no- problem so they can find out about Mr. GOODLATTE. Mr. Chairman, let tify all mortgagors under mortgages serviced HOPE for Homeowners in a timely me take the 30 seconds to say that by such servicer who are at-risk homeowners fashion before it’s too late. I cannot while I think this is a good amendment (as such term is defined by the Secretary), in tell you how many calls I have received and I support it, it doesn’t go as far as a form and manner as shall be prescribed by from constituents in my district office it should have. We should have had the the Secretary, that they may be eligible for who are facing foreclosure and don’t opportunity to vote today and debate the HOPE for Homeowners Program under know where to turn. This amendment today the amendment offered by Con- this section and how to obtain information regarding the program.’’. will provide them with the information gressman FORBES from Virginia. But and help they need under this very im- nonetheless, that not being the case, I The Acting CHAIR. Pursuant to portant legislation. support this amendment. House Resolution 190, the gentlewoman Mr. Chairman, I have discussed this But I still strongly oppose this un- from Nevada (Ms. TITUS) and a Member issue with Chairman FRANK of the Fi- derlying legislation, which is going to opposed each will control 5 minutes. nancial Services Committee and under- cause hardships for future homeowners The Chair recognizes the gentle- stand that he has some reservations re- who are going to wind up paying higher woman from Nevada. garding the scope of the amendment. mortgage rates and larger down pay- Ms. TITUS. Mr. Chairman, I rise He intended to be here but was delayed ments for the problems that exist today with an amendment to H.R. 1106, by a press conference. Although I in- today. That’s wrong. We should not the Helping Families Save Their tend to withdraw the amendment, I pass that and spread that risk to those Homes Act. think it’s important that we have the people, and we should not jeopardize le- As you know, the foreclosure crisis is discussion on this issue today, and I gitimate credit unions and community wreaking havoc across the entire Na- appreciate your indulgence. I also look banks that have been doing so much to tion, but my district in Southern Ne- forward to working with Chairman help extend credit in this country. vada is particularly hard hit. Nevada FRANK as we move forward to improve Mr. PETERS. Mr. Chairman, my has the highest foreclosure rate in the notification requirements and address amendment is a commonsense com- country. Home prices have dropped sig- the foreclosure crisis in our country. promise that ensures that everyone nificantly. Thousands of families are Mr. Chairman, I reserve the balance who enters into the bankruptcy process upside-down on their mortgages, and of my time. will continue to get important credit foreclosures are extending into the Mrs. CAPITO. Mr. Chairman, I rise to counseling services, while at the same prime market. In fact, there was a re- claim the time in opposition; although time giving those who do not have the port that was issued today by the First I’m not opposed to the gentlewoman’s time to complete the counseling and American CoreLogic group that stated amendment. are in danger of losing their home the there were 58.2 percent of Las Vegas The Acting CHAIR. Without objec- opportunity to do so after they have houses upside-down and another 3.5 tion, the gentlewoman is recognized for filed for bankruptcy. The amendment percent that are fast approaching that 5 minutes. is supported by the Financial Coun- for a total of 61.7 percent of all out- There was no objection. seling Research Roundtable, which is standing mortgages. Compounding the Mrs. CAPITO. Mr. Chairman, I yield comprised of the Nation’s leading non- problem even further, the unemploy- myself such time as I may consume. profit organizations providing Ameri- ment rate in Nevada is over 9 percent, Mr. Chairman, I am not in opposition cans with bankruptcy, housing, con- well above the national average. Fami- to the gentlewoman’s amendment, but sumer credit, and financial counseling. lies who are responsible and bought a I do want to talk about my opposition I’d also like to take this opportunity home within their means are now fac- to the underlying package before the to thank Chairman CONYERS for working foreclosure due to loss of a job or House today. ing with me on this amendment and for reduction of hours at work. Our Nation is facing significant chal- his leadership in helping to put to- Foreclosure prevention, I believe, is a lenges, especially in the mortgage mar- gether this package. critical part of any strategy to get us ket. We once had a flowing market pro- Mr. Chairman, I yield back the bal- back on track. I strongly believe that viding the funds critical to the origina- ance of my time. aggressive outreach to borrowers can tion of mortgages to our home buyers. The Acting CHAIR. The question is help prevent unnecessary foreclosures, One of the proposals before us today on the amendment offered by the gen- and that is exactly what my amend- is to allow judges to alter the terms of tleman from Michigan (Mr. PETERS). ment seeks to address. a mortgage product in bankruptcy. I The question was taken; and the Act- The amendment is simple and really understand the desire to help ing Chair announced that the ayes ap- straightforward. In short, it would re- families avoid foreclosure and agree peared to have it. quire that servicers who participate in that we should do everything we can to Mr. GOODLATTE. Mr. Chairman, I the HOPE for Homeowners Program help them. However, this solution to demand a recorded vote. and receive government incentives paid helping should not adversely affect the

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.059 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3018 CONGRESSIONAL RECORD — HOUSE March 5, 2009 overwhelming majority of the popu- through the Senate, never known for There was no objection. lation that are tightening their family breakneck speed, we would have a Mrs. CAPITO. I thank the chairman budgets to continue paying their mort- version that would improve it. So I for the unanimous consent request. gages on time. Passage of this legisla- would suggest that to the gentle- I yield the time I have remaining to tion in its current form could send woman. the gentleman from Indiana (Mr. BUR- mortgage rate fees higher for our reg- Mrs. CAPITO. Mr. Chairman, I yield TON). ular homeowners as creditors pass on 45 seconds to the gentleman from Mr. BURTON of Indiana. You know, the risk of bankruptcy procedures. Texas (Mr. CULBERSON). one of the things that concerns me is This is a question of fairness, in my Mr. CULBERSON. Mr. Chair, we fis- that we have spent trillions of dollars mind. We must be certain that in the cal conservatives are in the minority, in the last few weeks, trillions. The pursuit of helping those who deserve unfortunately, and have been working people of this country were very con- help and need help that we do not un- hard to lay out alternatives to stimu- cerned about the money they had in duly burden those who have worked late the economy with immediate tax the banks so the Federal Deposit Insur- hard to keep their heads above water. cuts, with spending cuts. ance Corporation raised the amount of I also have concerns about the state The new majority in Congress, with money from $100,000 to $250,000 so peo- of the HOPE for Homeowners Program. this new President, has spent more ple will feel secure, they will know During a recent hearing in our Finan- money in less time than any Congress their money is safe in the banks. Yet cial Services Committee, one of the in history. In fact, that’s all borrowed today, the head of the FDIC, Sheila witnesses from the Department of money. About $1.3 trillion in borrowed Bair, said the fund could become insol- Housing and Urban Development money has already been spent by this vent this year. agreed with me when I posited the Congress. That is the craziest thing this woman I would like to ask the Congress- question: Should we just scrap this and could possibly say. If she wants to woman from Nevada (Ms. TITUS), who start over? Realizing that as of today, avoid a run on the banks and scaring ran on a record of being fiscally respon- HOPE for Homeowners, which has been the American people to death, she sible, Ms. TITUS, how is it fiscally rein effect for several months now, has shouldn’t be making these kinds of sponsible that you voted for $1.2 tril- only helped 50 homeowners in their comments. To say that the FDIC is not lion in new spending, borrowed money, current situation. I offered an amend- going to insure the deposits of the peo- which is going to be paid for by our ment, and I feel that we should give ple of this country is insane, especially children and grandchildren? How is at a time when everybody in this coun- the FHA new authority to reshape this that fiscally responsible? program where it can really work try is scared to death. quickly and is targeted to the popu- b 1330 Ms. ZOE LOFGREN of California. Mr. lation who desperately need this help. I Ms. ZOE LOFGREN of California. Mr. Chairman, I move that the Committee offered an amendment to the Rules Chairman, that is not a germane point. do now rise. Committee to achieve this goal, but I I would raise a point of order. The motion was agreed to. was prevented from offering it on the The Acting CHAIR. The gentleman’s Accordingly, the Committee rose; floor and am, therefore, prevented from time has expired. and the Speaker pro tempore (Ms. discussing it on the floor in a fuller Ms. TITUS. Mr. Chairman, I would TITUS) having assumed the chair, Mr. manner. So later today I will be intro- just like to comment on Chairman SALAZAR, Acting Chair of the Com- ducing that proposal as stand-alone FRANK’s offer to help work on this mittee of the Whole House on the state legislation, the REFI for Homeowners amendment in terms of both its scope of the Union, reported that that Com- Act. and depth. I appreciate that offer of as- mittee, having had under consideration There are some provisions in this bill sistance. I think we can improve the the bill (H.R. 1106) to prevent mortgage that I do support, like the safe harbor amendment. I think it is very impor- foreclosures and enhance mortgage provisions that will encourage more tant that we have an aggressive bor- credit availability, had come to no res- modifications, the increasing of deposit rower outreach program so people who olution thereon. insurance for FDIC and NCUA, and the are in trouble can find out about the f ultimate goal of this bill, which is to help that is available to them and find RECESS help homeowners. However, the that out before it is too late. cramdown of mortgages and the con- Mr. Chairman, I would ask unani- The SPEAKER pro tempore. Pursu- tinuation of the HOPE for Homeowners mous consent that the amendment be ant to clause 12(a) of rule I, the Chair Program that is not working is not in withdrawn. declares the House in recess subject to the best interest of our taxpayers. I The Acting CHAIR. Without objec- the call of the Chair. think we can do better than what this tion, the amendment is withdrawn. Accordingly (at 1 o’clock and 34 min- There was no objection. utes p.m.), the House stood in recess bill offers. Mrs. CAPITO. Mr. Chairman, I have Mr. Chair, I reserve the balance of subject to the call of the Chair. time remaining; is that correct? my time. I reserve the right to object. f Ms. TITUS. Mr. Chairman, I yield The Acting CHAIR. The gentlewoman b 1641 such time as he may consume to Chair- could have reserved the right to object AFTER RECESS man FRANK. before the amendment was withdrawn, Mr. FRANK of Massachusetts. I but the amendment has been with- The recess having expired, the House thank the gentlewoman for yielding. drawn. was called to order by the Speaker pro Mr. Chair, I think her amendment is Mr. FRANK of Massachusetts. Mr. tempore (Mr. SERRANO) at 4 o’clock and a very important one. I would ask her Chairman, it was not our intention to 41 minutes p.m. if we could withhold further action to shut off the gentlewoman from West f do a little work on it because the no- Virginia. Is it in order to ask unani- HELPING FAMILIES SAVE THEIR tion that we should put a requirement mous consent that she be allowed the HOMES ACT OF 2009 on these servicers to get funding is a remaining time as if it had not been valid one. There are some interconnec- withdrawn? The SPEAKER pro tempore. Pursu- tions here, and I think we could actu- The Acting CHAIR. Yes, it is. ant to House Resolution 190 and rule ally make it apply to more people. But, Mr. FRANK of Massachusetts. Then I XVIII, the Chair declares the House in also, if a servicer is only doing two or would make a unanimous consent re- the Committee of the Whole House on three of these, the requirement that quest that the gentlewoman from West the State of the Union for the further they notify everybody might become a Virginia be able to conclude her re- consideration of the bill, H.R. 1106. deterrent to doing some. So I would marks as if the amendment had not b 1641 like to sharpen it and broaden it at the been withdrawn. same time. And if the gentlewoman The Acting CHAIR. Without objec- IN THE COMMITTEE OF THE WHOLE would agree, we could work on this, tion, the gentlewoman from West Vir- Accordingly, the House resolved and I think by the time this gets ginia reclaims the balance of her time. itself into the Committee of the Whole

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.062 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3019 House on the State of the Union for the Higgins McDermott Sa´ nchez, Linda Posey Scalise Terry further consideration of the bill (H.R. Hill McGovern T. Price (GA) Schmidt Thompson (PA) Himes McHugh Sanchez, Loretta Putnam Schock Thornberry 1106) to prevent mortgage foreclosures Hinchey McIntyre Sarbanes Radanovich Sensenbrenner Tiahrt and enhance mortgage credit avail- Hinojosa McMahon Schakowsky Rehberg Sessions Tiberi ability, with Mr. HOLDEN (Acting Hirono McNerney Schauer Reichert Shadegg Walden Roe (TN) Shimkus Chair) in the chair. Hodes Meek (FL) Schiff Wamp Holden Meeks (NY) Schrader Rogers (AL) Shuster Westmoreland Rogers (KY) Simpson The Clerk read the title of the bill. Holt Michaud Schwartz Whitfield Honda Scott (GA) Rogers (MI) Smith (NE) The Acting CHAIR. When the Com- Miller (NC) Wilson (SC) Hoyer Scott (VA) Rohrabacher Smith (NJ) mittee of the Whole rose earlier today, Miller, George Wittman Inslee Serrano Rooney Smith (TX) a request for a recorded vote on amend- Minnick Wolf Israel Mitchell Sestak Roskam Souder ment No. 3, printed in House Report Jackson (IL) Shea-Porter Royce Stearns Young (AK) Mollohan Young (FL) 111–21, offered by the gentleman from Jackson-Lee Moore (KS) Sherman Ryan (WI) Sullivan (TX) Shuler Michigan (Mr. PETERS) had been post- Moore (WI) NOT VOTING—10 Johnson (GA) Moran (VA) Sires poned. Johnson, E. B. Skelton Murphy (CT) Cao Ehlers Perriello Jones Slaughter Pursuant to clause 6 of rule XVIII, Murphy, Patrick Coffman (CO) Faleomavaega Stark Kagen Smith (WA) proceedings will now resume on those Murtha Conyers Melancon Kanjorski Snyder Dingell Miller, Gary Nadler (NY) amendments printed in House Report Kaptur Space Napolitano Kennedy Speier 111–21 on which further proceedings Neal (MA) b 1649 Kildee Spratt were postponed, in the following order: Norton Kilpatrick (MI) Stupak Mr. FORTENBERRY changed his Amendment No. 1, as modified, by Kilroy Nye Sutton vote from ‘‘aye’’ to ‘‘no.’’ Oberstar Ms. ZOE LOFGREN of California. Kind Tanner Ms. MARKEY of Colorado and Mr. Kirkpatrick (AZ) Obey Tauscher Amendment No. 2 by Mr. PRICE of Olver RANGEL changed their vote from ‘‘no’’ Georgia. Kissell Taylor Klein (FL) Ortiz Teague to ‘‘aye.’’ Amendment No. 3 by Mr. PETERS of Kosmas Pallone Thompson (CA) So the amendment, as modified, was Michigan. Kratovil Pascrell Thompson (MS) Pastor (AZ) agreed to. The Chair will reduce to 5 minutes Kucinich Tierney Lance Payne Titus The result of the vote was announced the time for any electronic vote after Langevin Perlmutter Tonko as above recorded. the first vote in this series. Larsen (WA) Peters Towns Peterson AMENDMENT NO. 2 OFFERED BY MR. PRICE OF AMENDMENT NO. 1 OFFERED BY MS. ZOE Larson (CT) Tsongas Lee (CA) Pierluisi Turner GEORGIA LOFGREN OF CALIFORNIA, AS MODIFIED Levin Pingree (ME) Upton The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Lewis (GA) Polis (CO) Van Hollen business is the demand for a recorded business is the demand for a recorded Lipinski Pomeroy Vela´ zquez Price (NC) vote on the amendment offered by the vote on the amendment offered by the Loebsack Visclosky Lofgren, Zoe Rahall Walz gentleman from Georgia (Mr. PRICE) on gentlewoman from California (Ms. ZOE Lowey Rangel Wasserman which further proceedings were post- LOFGREN), as modified, on which fur- Luja´ n Reyes Schultz poned and on which the noes prevailed ther proceedings were postponed and Lynch Richardson Waters Maffei Rodriguez Watson by voice vote. on which the ayes prevailed by voice Maloney Ros-Lehtinen Watt The Clerk will redesignate the vote. Markey (CO) Ross Waxman amendment. Rothman (NJ) The Clerk will redesignate the Markey (MA) Weiner The Clerk redesignated the amend- amendment. Marshall Roybal-Allard Welch Massa Ruppersberger Wexler ment. The Clerk redesignated the amend- Rush Matheson Wilson (OH) RECORDED VOTE ment. Matsui Ryan (OH) Woolsey McCarthy (NY) Sablan Wu The Acting CHAIR. A recorded vote RECORDED VOTE McCollum Salazar Yarmuth has been demanded. The Acting CHAIR. A recorded vote A recorded vote was ordered. has been demanded. NOES—164 The Acting CHAIR. This will be a 5- A recorded vote was ordered. Aderholt Culberson Kline (MN) minute vote. The vote was taken by electronic de- Akin Davis (KY) Lamborn The vote was taken by electronic device, and there were—ayes 263, noes 164, Alexander Deal (GA) Latham Austria Dent LaTourette vice, and there were—ayes 211, noes 218, not voting 10, as follows: Bachmann Dreier Latta not voting 8, as follows: [Roll No. 100] Bachus Duncan Lee (NY) Barrett (SC) Emerson Lewis (CA) [Roll No. 101] AYES—263 Bartlett Fallin Linder AYES—211 Abercrombie Carney Barton (TX) Flake Donnelly (IN) LoBiondo Aderholt Buchanan Ellsworth Ackerman Carson (IN) Biggert Fleming Doyle Lucas Akin Burgess Emerson Adler (NJ) Castle Bilbray Forbes Driehaus Luetkemeyer Alexander Burton (IN) Fallin Altmire Castor (FL) Bilirakis Fortenberry Edwards (MD) Lummis Altmire Buyer Flake Andrews Chandler Bishop (UT) Franks (AZ) Edwards (TX) Lungren, Daniel Arcuri Calvert Fleming Arcuri Childers Blackburn Frelinghuysen Ellison E. Austria Camp Forbes Baca Christensen Blunt Gallegly Ellsworth Mack Bachmann Campbell Fortenberry Baird Clarke Boehner Garrett (NJ) Engel Manzullo Bachus Cantor Foster Baldwin Clay Bonner Gerlach Eshoo Marchant Barrett (SC) Capito Foxx Barrow Cleaver Bono Mack Gingrey (GA) Etheridge McCarthy (CA) Barrow Carter Franks (AZ) Bean Clyburn Boozman Gohmert Farr McCaul Bartlett Cassidy Frelinghuysen Becerra Cohen Boustany Goodlatte Fattah McClintock Barton (TX) Castle Gallegly Berkley Connolly (VA) Brady (TX) Granger Filner McCotter Bean Chaffetz Garrett (NJ) Berman Cooper Broun (GA) Graves Foster McHenry Berry Chandler Gerlach Berry Costa Brown (SC) Guthrie Foxx McKeon Biggert Childers Giffords Bishop (GA) Costello Brown-Waite, Hall (TX) Frank (MA) McMorris Bilbray Coble Gingrey (GA) Bishop (NY) Courtney Ginny Harper Fudge Rodgers Bilirakis Cole Gohmert Blumenauer Crowley Buchanan Hastings (WA) Giffords Mica Bishop (UT) Conaway Goodlatte Boccieri Cuellar Burgess Heller Gonzalez Miller (FL) Blackburn Connolly (VA) Gordon (TN) Bordallo Cummings Burton (IN) Hensarling Gordon (TN) Miller (MI) Blunt Crenshaw Granger Boren Dahlkemper Buyer Herger Grayson Moran (KS) Boehner Culberson Graves Boswell Davis (AL) Calvert Hoekstra Green, Al Murphy, Tim Bonner Dahlkemper Griffith Boucher Davis (CA) Camp Hunter Green, Gene Myrick Bono Mack Davis (AL) Guthrie Boyd Davis (IL) Campbell Inglis Griffith Neugebauer Boozman Davis (KY) Hall (TX) Brady (PA) Davis (TN) Cantor Issa Grijalva Nunes Boren Deal (GA) Halvorson Braley (IA) DeFazio Capito Jenkins Gutierrez Olson Boucher Dent Harper Bright DeGette Carter Johnson (IL) Hall (NY) Paul Boustany Diaz-Balart, L. Hastings (WA) Brown, Corrine Delahunt Cassidy Johnson, Sam Halvorson Paulsen Brady (TX) Diaz-Balart, M. Heinrich Butterfield DeLauro Chaffetz Jordan (OH) Hare Pence Broun (GA) Donnelly (IN) Heller Capps Diaz-Balart, L. Coble King (IA) Harman Petri Brown (SC) Dreier Hensarling Capuano Diaz-Balart, M. Cole King (NY) Hastings (FL) Pitts Brown-Waite, Duncan Herger Cardoza Dicks Conaway Kingston Heinrich Platts Ginny Edwards (TX) Himes Carnahan Doggett Herseth Sandlin Crenshaw Kirk Poe (TX)

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.069 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3020 CONGRESSIONAL RECORD — HOUSE March 5, 2009 Hodes McHenry Roskam Sa´ nchez, Linda Slaughter Vela´ zquez Davis (CA) Kagen Ortiz Hoekstra McHugh Royce T. Smith (WA) Visclosky Davis (IL) Kanjorski Pallone Holden McIntyre Ryan (WI) Sanchez, Loretta Snyder Walz Davis (KY) Kennedy Pascrell Hunter McKeon Scalise Sarbanes Speier Wasserman Davis (TN) Kildee Pastor (AZ) Inglis McMorris Schmidt Schakowsky Spratt Schultz Deal (GA) Kilpatrick (MI) Paul Issa Rodgers Schock Schauer Stupak Waters DeFazio Kilroy Paulsen Jenkins Mica Sensenbrenner Schiff Sutton Watson DeGette Kind Payne Johnson (IL) Michaud Sessions Schrader Tanner Watt Delahunt King (IA) Pence Schwartz Tauscher DeLauro King (NY) Perlmutter Johnson, Sam Miller (FL) Shadegg Waxman Jones Miller (MI) Scott (GA) Thompson (CA) Dent Kingston Peters Shea-Porter Weiner Jordan (OH) Minnick Scott (VA) Thompson (MS) Diaz-Balart, L. Kirk Peterson Shimkus Welch Kind Mitchell Serrano Tierney Diaz-Balart, M. Kirkpatrick (AZ) Petri Shuster King (IA) Moran (KS) Sestak Titus Wexler Dicks Kissell Pierluisi King (NY) Murphy (CT) Simpson Sherman Tonko Wilson (OH) Dingell Klein (FL) Pingree (ME) Kingston Murphy, Tim Smith (NE) Shuler Towns Woolsey Doggett Kline (MN) Pitts Kirk Myrick Smith (NJ) Sires Tsongas Wu Donnelly (IN) Kosmas Platts Kline (MN) Neugebauer Smith (TX) Skelton Van Hollen Yarmuth Doyle Kratovil Poe (TX) Kratovil Nunes Souder Dreier Kucinich Polis (CO) Lamborn Olson Space NOT VOTING—8 Driehaus Lamborn Pomeroy Lance Paul Stearns Cao Faleomavaega Perriello Duncan Lance Posey Latham Paulsen Sullivan Coffman (CO) Melancon Stark Edwards (MD) Langevin Price (GA) LaTourette Pence Taylor Ehlers Miller, Gary Edwards (TX) Larsen (WA) Price (NC) Latta Peterson Teague Ellison Larson (CT) Putnam Lee (NY) Petri Terry ANNOUNCEMENT BY THE ACTING CHAIR Ellsworth Latham Radanovich Lewis (CA) Pitts Thompson (PA) The Acting CHAIR (during the vote). Emerson LaTourette Rahall Linder Platts Thornberry There are 2 minutes remaining in this Engel Latta Rangel LoBiondo Poe (TX) Tiahrt Eshoo Lee (CA) Rehberg vote. Etheridge Lee (NY) Reichert Lucas Posey Tiberi Luetkemeyer Price (GA) Fallin Levin Reyes Turner Lummis Putnam b 1731 Farr Lewis (GA) Richardson Upton Lungren, Daniel Radanovich Fattah Linder Rodriguez E. Rehberg Walden Mr. MASSA changed his vote from Filner Lipinski Roe (TN) Mack Reichert Wamp ‘‘aye’’ to ‘‘no.’’ Fleming LoBiondo Rogers (AL) Manzullo Roe (TN) Westmoreland So the amendment was rejected. Forbes Loebsack Rogers (KY) Whitfield Marchant Rogers (AL) The result of the vote was announced Fortenberry Lofgren, Zoe Rogers (MI) Matheson Rogers (KY) Wilson (SC) Foster Lowey Rohrabacher McCarthy (CA) Rogers (MI) Wittman as above recorded. Foxx Lucas Rooney McCaul Rohrabacher Wolf AMENDMENT NO. 3 OFFERED BY MR. PETERS Frank (MA) Luetkemeyer Ros-Lehtinen McClintock Rooney Young (AK) Franks (AZ) Luja´ n Roskam McCotter Ros-Lehtinen Young (FL) The Acting CHAIR. The unfinished Frelinghuysen Lummis Ross business is the demand for a recorded Fudge Lungren, Daniel Rothman (NJ) NOES—218 vote on the amendment offered by the Gallegly E. Roybal-Allard Garrett (NJ) Lynch Royce Abercrombie Engel Lynch gentleman from Michigan (Mr. PETERS) Gerlach Mack Ruppersberger Ackerman Eshoo Maffei on which further proceedings were Giffords Maffei Rush Adler (NJ) Etheridge Maloney postponed and on which the ayes pre- Gingrey (GA) Maloney Ryan (OH) Andrews Farr Markey (CO) vailed by voice vote. Gohmert Manzullo Ryan (WI) Baca Fattah Markey (MA) Gonzalez Marchant Sablan Baird Filner Marshall The Clerk will redesignate the Goodlatte Markey (CO) Salazar Baldwin Frank (MA) Massa amendment. Gordon (TN) Markey (MA) Sa´ nchez, Linda Becerra Fudge Matsui The Clerk redesignated the amend- Granger Marshall T. Berkley Gonzalez McCarthy (NY) Graves Massa Sanchez, Loretta Berman Grayson McCollum ment. Grayson Matheson Sarbanes Bishop (GA) Green, Al McDermott RECORDED VOTE Green, Al Matsui Scalise Bishop (NY) Green, Gene McGovern The Acting CHAIR. A recorded vote Green, Gene McCarthy (CA) Schakowsky Blumenauer Grijalva McMahon Griffith McCarthy (NY) Schauer Boccieri Gutierrez McNerney has been demanded. Grijalva McCaul Schiff Bordallo Hall (NY) Meek (FL) A recorded vote was ordered. Guthrie McClintock Schmidt Boswell Hare Meeks (NY) The Acting CHAIR. This will be a 5- Gutierrez McCollum Schock Boyd Harman Miller (NC) Hall (NY) McCotter Schrader Brady (PA) Hastings (FL) Miller, George minute vote. Hall (TX) McDermott Schwartz Braley (IA) Herseth Sandlin Mollohan The vote was taken by electronic de- Halvorson McGovern Scott (GA) Bright Higgins Moore (KS) vice, and there were—ayes 423, noes 2, Hare McHenry Scott (VA) Brown, Corrine Hill Moore (WI) not voting 12, as follows: Harman McHugh Sensenbrenner Butterfield Hinchey Moran (VA) Harper McIntyre Serrano Capps Hinojosa Murphy, Patrick [Roll No. 102] Hastings (FL) McKeon Sessions Capuano Hirono Murtha AYES—423 Hastings (WA) McMahon Sestak Cardoza Holt Nadler (NY) Heinrich McNerney Shadegg Carnahan Honda Napolitano Abercrombie Boehner Carnahan Heller Meek (FL) Shea-Porter Carney Hoyer Neal (MA) Ackerman Bonner Carney Hensarling Meeks (NY) Sherman Carson (IN) Inslee Norton Aderholt Bono Mack Carson (IN) Herger Mica Shimkus Castor (FL) Israel Nye Adler (NJ) Boozman Carter Herseth Sandlin Michaud Shuler Christensen Jackson (IL) Oberstar Alexander Bordallo Cassidy Higgins Miller (FL) Shuster Clarke Jackson-Lee Obey Altmire Boren Castle Hill Miller (MI) Simpson Clay (TX) Olver Andrews Boswell Castor (FL) Himes Miller (NC) Sires Cleaver Johnson (GA) Ortiz Arcuri Boucher Chaffetz Hinchey Miller, George Skelton Clyburn Johnson, E. B. Pallone Austria Boustany Chandler Hinojosa Minnick Slaughter Cohen Kagen Pascrell Baca Boyd Childers Hirono Mitchell Smith (NE) Conyers Kanjorski Pastor (AZ) Bachmann Brady (PA) Christensen Hodes Mollohan Smith (NJ) Cooper Kaptur Payne Bachus Brady (TX) Clarke Hoekstra Moore (KS) Smith (TX) Costa Kennedy Perlmutter Baird Braley (IA) Clay Holden Moore (WI) Smith (WA) Costello Kildee Peters Baldwin Bright Cleaver Holt Moran (KS) Snyder Courtney Kilpatrick (MI) Pierluisi Barrett (SC) Broun (GA) Clyburn Honda Moran (VA) Souder Crowley Kilroy Pingree (ME) Barrow Brown (SC) Coble Hoyer Murphy (CT) Space Cuellar Kirkpatrick (AZ) Polis (CO) Bartlett Brown, Corrine Cohen Hunter Murphy, Patrick Speier Cummings Kissell Pomeroy Barton (TX) Brown-Waite, Cole Inglis Murphy, Tim Spratt Davis (CA) Klein (FL) Price (NC) Bean Ginny Conaway Inslee Murtha Stearns Davis (IL) Kosmas Rahall Becerra Buchanan Connolly (VA) Israel Myrick Stupak Davis (TN) Kucinich Rangel Berkley Burgess Conyers Issa Nadler (NY) Sullivan DeFazio Langevin Reyes Berman Burton (IN) Cooper Jackson (IL) Napolitano Sutton DeGette Larsen (WA) Richardson Berry Butterfield Costa Jackson-Lee Neal (MA) Tanner Delahunt Larson (CT) Rodriguez Biggert Buyer Costello (TX) Neugebauer Tauscher DeLauro Lee (CA) Ross Bilirakis Calvert Courtney Jenkins Norton Taylor Dicks Levin Rothman (NJ) Bishop (GA) Camp Crenshaw Johnson (GA) Nunes Teague Dingell Lewis (GA) Roybal-Allard Bishop (NY) Campbell Crowley Johnson (IL) Nye Terry Doggett Lipinski Ruppersberger Bishop (UT) Cantor Cuellar Johnson, E. B. Oberstar Thompson (CA) Doyle Loebsack Rush Blackburn Capito Culberson Johnson, Sam Obey Thompson (MS) Driehaus Lofgren, Zoe Ryan (OH) Blumenauer Capps Cummings Jones Olson Thompson (PA) Edwards (MD) Lowey Sablan Blunt Capuano Dahlkemper Jordan (OH) Olver Thornberry Ellison Luja´ n Salazar Boccieri Cardoza Davis (AL)

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.036 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3021 Tiahrt Walden Wexler TITLE III—LIMITATIONS ON USE OF (1) a comprehensive plan for the use of the Tiberi Walz Whitfield FUNDS FOR PREVENTION AND MITIGA- funds has been submitted to the Congress by Tierney Wamp Wilson (OH) TION OF MORTGAGE FORECLOSURES the Secretary and the 90-day period that be- Titus Wasserman Wilson (SC) SEC. 301. LIMITATIONS ON USE OF FUNDS FOR gins upon such submission has expired; and Tonko Schultz Wittman PREVENTION AND MITIGATION OF (2) the plan provides for equitable treat- Towns Waters Wolf MORTGAGE FORECLOSURES. ment of all mortgagors, and does not limit Tsongas Watson Woolsey (a) PROHIBITIONS ON USE OF TARP AND Turner Watt Wu assistance only to mortgagors that are delin- Upton Waxman OTHER FORECLOSURE MITIGATION ASSIST- Yarmuth quent, or in danger of defaulting, on their Van Hollen Weiner Young (AK) ANCE.— mortgages. Vela´ zquez Welch Young (FL) (1) TARP FUNDS.—Notwithstanding any Visclosky Westmoreland provision of title I of the Emergency Eco- Mr. PRICE of Georgia (during the reading). Mr. Speaker, I ask unanimous NOES—2 nomic Stabilization Act of 2008, no funds made available to the Secretary of the consent that the reading of the motion Flake Lewis (CA) Treasury pursuant to section 115(a)(3) of to recommit be suspended. NOT VOTING—12 such Act and used by the Secretary in any The SPEAKER pro tempore. Is there manner for the prevention or mitigation of Akin Faleomavaega Miller, Gary objection to the request of the gen- foreclosures on mortgages on residential Bilbray Kaptur Perriello tleman from Georgia? Cao McMorris Stark properties, may be used for any assistance or Coffman (CO) Rodgers relief in violation of the prohibitions under There was no objection. Ehlers Melancon paragraph (3). The SPEAKER pro tempore. The gen- (2) ASSISTANCE UNDER THIS ACT.—Notwith- tleman from Georgia is recognized for 5 ANNOUNCEMENT BY THE ACTING CHAIR standing any other provision of this Act or minutes. The Acting CHAIR (during the vote). any amendment made by this Act, no relief Mr. PRICE of Georgia. Mr. Speaker, There are 2 minutes remaining in this or assistance may be provided under this at a time when the government is vote. Act, the amendments made by this Act, or any authority or program established or going to unprecedented lengths to sta- amended by this Act, in violation of the pro- bilize the banking system, this legisla- b 1738 hibitions under paragraph (3). tion—the underlying legislation—is So the amendment was agreed to. (3) PROHIBITIONS.—Relief or assistance in shortsighted, untimely, unfair, and violation of the prohibitions under this para- The result of the vote was announced counterproductive. While some might graph is relief or assistance as follows: see cramdown as a quick fix, in reality, as above recorded. (A) MISREPRESENTATION.—Relief or assist- The Acting CHAIR. Under the rule, this legislation will have a costly im- ance to, for, or on behalf of any mortgagor pact on generations to come. the Committee rises. who obtained the mortgage with respect to Ranking Member SMITH of the Judi- Accordingly, the Committee rose; which the assistance or relief is provided by ciary Committee sent a thoughtful let- and the Speaker pro tempore (Mr. material misrepresentation, false pretenses, or actual fraud. ter to the administration, raising con- ROSS) having assumed the chair, Mr. (B) FAILURE TO FOLLOW UNDERWRITING cerns that this bill will lead to signifi- HOLDEN, Acting Chair of the Com- STANDARDS.—Relief or assistance to, for, or cant taxpayer liability for Federal mittee of the Whole House on the State on behalf of any lender or mortgagee that mortgage guaranties by redistributing of the Union, reported that that Com- failed to comply with underwriting stand- wealth from responsible taxpayers. mittee, having had under consideration ards for residential mortgages applicable to the bill (H.R. 1106) to prevent mortgage such lender or mortgagee. The letter that Ranking Member foreclosures and enhance mortgage (C) INCENTIVE PAYMENTS FOR BORROWERS OR SMITH sent to the administration credit availability, pursuant to House SERVICERS.—Relief or assistance in the form raised concerns about the underlying Resolution 190, he reported the bill of providing any payment, discount, reduc- bill leading to significant taxpayer li- tion, or other thing of value to any mort- back to the House with sundry amend- ability for Federal mortgage guaran- gagor, mortgagee, or servicer of a mortgage ties by redistributing wealth from re- ments adopted by the Committee of the as an incentive to engage or participate in Whole. sponsible taxpayers to irresponsible any activity or program for the prevention borrowers and lenders by the hoarding The SPEAKER pro tempore. Under or mitigation of foreclosure on the mort- by banks of hundreds of billions of dol- the rule, the previous question is or- gage, or other mortgage modification or lars in capital while undermining the dered. workout, including any of the following in- efforts that had been undertaken by Is a separate vote demanded on any centive payments under the Homeowner Af- fordability and Stability Plan of the Sec- the government in September to sta- amendment reported from the Com- retary of the Treasury: bilize the financial markets. mittee of the Whole? If not, the Chair (i) The incentives under such Plan referred Finally, additional constriction in will put them en gros. to as the ‘‘Pay for Success Incentives to the home lending market: Markets are The amendments were agreed to. Servicers’’, which provide servicers with an very stressed right now. The homeown- The SPEAKER pro tempore. The up-front fee of $1,000 for each eligible modification meeting guidelines under the Plan ership market is leading the way. question is on the engrossment and There is more uncertainty than con- third reading of the bill. and monthly payments in an amount up to $1,000 each year for three years, as long as fidence. Many in America are having The bill was ordered to be engrossed the borrower stays current on the mortgage. real financial problems, and we under- and read a third time, and was read the (ii) The incentives under such Plan re- stand that. This bill only increases third time. ferred to as ‘‘Incentives to Help Borrowers that uncertainty. If any Member truly MOTION TO RECOMMIT Stay Current’’, which provide a monthly bal- desires fairness in the system of home- ance reduction payment that goes toward re- ownership, then this motion to recom- Mr. PRICE of Georgia. Mr. Speaker, I ducing the principal balance of the mortgage have a motion to recommit at the loan, in an amount of up to $1,000 for each mit will give them that assurance. desk. year for five years, as long as a borrower The underlying bill leaves the door The SPEAKER pro tempore. Is the stays current on the mortgage. open to reward irresponsible actors, gentleman opposed to the bill? (iii) The incentives under such Plan re- and our motion to recommit ensures Mr. PRICE of Georgia. I am. ferred to as ‘‘Reaching Borrowers Early’’, that that doesn’t happen. It would pro- which provide a payment of $500 to servicers, The SPEAKER pro tempore. The hibit taxpayer assistance to any bor- and a payment of $1,500 to mortgage holders, rowers who misrepresented or lied Clerk will report the motion to recom- if they modify at-risk loans before the bor- mit. rower falls behind. about their income on their mortgage The Clerk read as follows: (b) REQUIREMENT FOR SUBMISSION OF TARP applications. It would prohibit tax- FORECLOSURE MITIGATION PLAN TO CON- payer assistance to any lender who Mr. Price of Georgia moves to recommit GRESS.—Notwithstanding any provision of the bill, H.R. 1106, to the Committee on the failed to follow proper underwriting title I of the Emergency Economic Stabiliza- Judiciary and the Committee on Financial standards. It would prohibit taxpayer tion Act of 2008, none of the funds otherwise funds from being used as incentives to Services with instructions to report the available to the Secretary of the Treasury same back to the House forthwith with the pursuant to section 115(a)(3) of such Act may lenders to rework loans for irrespon- following amendment: be used by the Secretary for the prevention sible borrowers, in essence, bribes from At the end of the bill, add the following or mitigation of foreclosures on mortgages the taxpayer to pay mortgages. It new title: on residential properties, unless— would prohibit taxpayer funds from

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.037 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3022 CONGRESSIONAL RECORD — HOUSE March 5, 2009 being used unless the President sub- not been raised since that date. Assets in the foreclosure. This amendment says no, mits a new plan that provides equitable banking industry have tripled since 1991, that can’t happen. treatment of all mortgages. from $4.5 trillion to $13.6 trillion. As I indi- We say here that we will work with cated in my previous letter of January 26, the borrowers to reduce the amount b 1745 2009, the FDIC believes it is prudent to ad- that they are entitled to receive under His current plan does not do that. just the statutory line of credit proportion- ately to leave no doubt that the FDIC can the contract on the grounds that they Contrary to the words from President would be better off avoiding fore- Obama, his plan rewards irresponsible immediately access the necessary resources to resolve failing banks and provide timely closure. It would have the Federal Gov- behavior and continues a reckless protection to insured depositors. ernment work with them in this. This course. The legislation would include important would make it impossible. What we’re asking for instead is a additional authority for the FDIC and would The gentleman from Georgia kind of plan that’s fair to everyone, a plan rationalize the FDIC’s current borrowing au- made clear his general position when that provides equitable treatment for thority. Under current law, the FDIC has the he began by denouncing the part of this authority to borrow up to $30 billion from everyone. All homeowners are strug- bill that deals with bankruptcy. Now, gling right now, and this plan in the Treasury to cover losses incurred in insuring of course, this amendment, as he’s of- underlying bill rewards bad behavior. deposits up to $100,000. In addition, when fered it, doesn’t deal with bankruptcy. The key aspects of the Obama admin- Congress temporarily increased deposit in- istration’s housing bailout proposal re- surance coverage to $250,000, it temporarily That’s why I’m here instead of my col- lifted all limits on the FDIC’s borrowing au- league from Michigan. But the purpose wards irresponsible borrowers and lend- thority to implement the new deposit insurers at the expense of the more than 90 is clear. His view is that there should ance obligation. not be a Federal program to try to di- percent of American families still mak- The bill would permanently increase the minish mortgage foreclosures. ing their mortgage payments on time. FDIC’s authority to borrow from Treasury Here is the point. Diminution of This is fundamentally unfair, and the from $30 billion to $100 billion. In addition American people know it. the bill also would temporarily authorize an mortgage foreclosures currently has a Mr. Speaker, our motion to recommit increase in that borrowing authority above compassionate aspect. Not surpris- will ensure that unscrupulous and irre- $100 billion (but not to exceed $500 billion) ingly, that has less appeal in some sponsible actors will not be bailed out based on a process that would require the parts of this House than others. But concurrence of the FDIC, the Federal Re- there is also an enlightened self-inter- by the overwhelming majority of work- serve Board, and the Treasury Department, ing families that have lived responsibly est to it. Irresponsible subprime mort- in consultation with the President. gage lending and borrowing and under- and within their means. Because the existing borrowing authority I urge adoption of the motion to re- for losses from bank failures provides a thin writing and securitizing a whole lot of commit. margin of error, it was necessary for the guilty parties was the biggest single I yield back the balance of my time. FDIC recently to impose increased assess- cause of the financial crisis we are in. Mr. FRANK of Massachusetts. Mr. ments on the banking industry. These as- The continued cascade of foreclosures Speaker, I rise to oppose the motion to sessments will have a significant impact on and consequent deterioration of asset recommit. insured financial institutions, particularly prices is the major reason why we have The SPEAKER pro tempore. The gen- during a financial crisis and recession when continued economic deterioration. tleman from Massachusetts is recog- banks must be a critical source of credit to There is broad agreement that until the economy. nized for 5 minutes. The size of the special assessment reflected we begin to stem the tide of fore- Mr. FRANK of Massachusetts. Mr. the FDIC’s responsibility to maintain ade- closures—we can’t stop it all, and we’re Speaker, before turning to this motion quate resources to cover unforeseen losses. not trying to stop it all; not everybody to recommit, I have a serious subject I Increased borrowing authority, however, who’s being foreclosed upon can be want to address. would give the FDIC flexibility to reduce the helped or should be helped—but until A number of Members have been con- size of the recent special assessment, while we do a great deal to reduce this, you cerned about the increased assessment still maintaining assessments at a level that will not get an end to the current cri- that’s hit community banks from the supports the DIF with industry funding. sis. FDIC, in part because of failures to While the industry would still pay assess- So this is a direct shot. Now, I know ments to the DIF to cover projected losses which they did not contribute. Today, and rebuild the Fund over time, a lower spe- I do not attribute this to the gen- the Chair of the FDIC, Sheila Bair, has cial assessment would mitigate the impact tleman from Georgia, but there is, for written to our Senate counterparts to on banks at a time when they need to serve instance, a noted commentator on pub- say that in effect, if we go ahead with their communities and revitalize the econ- lic affairs, Mr. Limbaugh, who has a the increase in FDIC borrowing author- omy. certain number of fans on that side— ity—some of that is in this bill; it In conclusion, the Depositor Protection and if they aren’t fans, they’re afraid would be improved on in the Senate in Act would leave no doubt that the FDIC will to say so. He has asked that the Presi- ways that we agree with—but if she have the resources necessary to address future contingencies and seamlessly fulfill the dent fail. Well, the effect of this gets the increased borrowing author- government’s commitment to protect in- amendment would be giving Mr. ity, a process that begins in this bill, sured depositors against loss. I strongly sup- Limbaugh his wish because if you crip- she will substantially reduce that as- port this legislation and look forward to ple the effort to reduce mortgage fore- sessment on the community banks. working with you to enact it into law. closure, you cripple the effort to get So voting for this bill will be an im- Sincerely, out of the economic slump we are in. portant step towards reducing the as- SHEILA C. BAIR. So I understand what some people sessment of the community banks. Now, as to the motion to recommit, would like to see happen. They do not I insert this letter into the RECORD at the gentleman from Georgia slightly want President Obama and a Demo- this point. under-described his amendment. Un- cratic Congress to get any credit for FEDERAL DEPOSIT derstatement is not his usual metier, helping to reduce our economic situa- INSURANCE CORPORATION, but he alluded to it today. He said it tion. I understand that, but they’re Washington, DC, March 5, 2009. would prevent, as I recall page 3, sec- taking a lot of innocent people hos- Hon. CHRISTOPHER J. DODD, tion C, help for any irresponsible bor- tage. They have a right to be very par- Chairman, Committee on Banking, Housing, and Urban Affairs U.S. Senate, Wash- rower. No. It prevents mortgage assist- tisan and go after us. But don’t do it at ington, DC. ance to any borrower, responsible or the expense of an awful lot of Ameri- DEAR MR. CHAIRMAN: I am writing to ex- not, no matter what the cause. This cans who would lose their homes and of press my support for the Depositor Protec- proposal simply makes it impossible to an economic situation that is deterio- tion Act of 2009, legislation to increase the carry out any mortgage relief. rating. Federal Deposit Insurance Corporation’s bor- One of the things that the President So I reiterate that defeating this mo- rowing authority with the Treasury Depart- said was we would go to the servicers tion and passing this bill will be an im- ment if losses from failed financial institu- who now can get a payment for fore- portant step towards, among other tions exceed the industry funded resources of the Deposit Insurance Fund (DIF). closure. And we would say under this things, reducing those FDIC assess- As you know, the FDIC’s borrowing au- bill, we would authorize a payment if ments—and we have the word of Sheila thority was set in 1991 at $30 billion and has they did a modification instead of a Bair—and it will be a responsible way

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.076 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3023 of trying to reduce mortgage fore- Shimkus Teague Wamp ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE closure. It’s to the benefit of the indi- Shuster Terry Westmoreland The SPEAKER pro tempore (during Simpson Thompson (PA) Whitfield vidual, to the benefit of the commu- Smith (NE) Thornberry Wilson (SC) the vote). There are 2 minutes remain- nities that are suffering from this, it’s Smith (NJ) Tiahrt Wittman ing in this vote. to the benefit of other homeowners Smith (TX) Tiberi Wolf whose property values have deterio- Souder Turner Young (AK) b 1808 Stearns Upton Young (FL) Ms. HARMAN, Ms. LORETTA rated by foreclosure; and at last, I Sullivan Walden must concede to my Republican SANCHEZ of California and Mr. friends, it might help the President in NOES—242 GUTIERREZ changed their vote from his effort to improve the economy. I Abercrombie Grijalva Nye ‘‘aye’’ to ‘‘no.’’ apologize for that, but I hope you can Ackerman Gutierrez Oberstar So the motion to recommit was re- put up with it. Adler (NJ) Hall (NY) Obey jected. Altmire Halvorson Olver The result of the vote was announced The SPEAKER pro tempore. Without Andrews Hare Ortiz objection, the previous question is or- Arcuri Harman Pallone as above recorded. dered on the motion to recommit. Baca Hastings (FL) Pascrell A motion to reconsider was laid on There was no objection. Baird Heinrich Pastor (AZ) the table. Baldwin Herseth Sandlin Payne The SPEAKER pro tempore. The The SPEAKER pro tempore. The Bean Higgins Perlmutter question is on the motion to recommit. Becerra Hill Peters question is on the passage of the bill. The question was taken; and the Berkley Himes Peterson The question was taken; and the Berman Hinchey Pingree (ME) Speaker pro tempore announced that Speaker pro tempore announced that Berry Hinojosa Polis (CO) the noes appeared to have it. Bishop (GA) Hirono Pomeroy the ayes appeared to have it. Bishop (NY) Hodes Price (NC) Mr. FRANK of Massachusetts. Mr. RECORDED VOTE Blumenauer Holden Rahall Speaker, on that I demand the yeas Mr. PRICE of Georgia. Mr. Speaker, I Boccieri Holt Rangel and nays. demand a recorded vote. Boren Honda Reyes Boswell Hoyer Richardson The yeas and nays were ordered. A recorded vote was ordered. Boucher Inslee Rodriguez The SPEAKER pro tempore. This The SPEAKER pro tempore. Pursu- Boyd Israel Ross will be a 5-minute vote. ant to clause 9 of rule XX, the Chair Brady (PA) Jackson (IL) Rothman (NJ) Braley (IA) Jackson-Lee The vote was taken by electronic de- will reduce to 5 minutes the minimum Roybal-Allard Brown, Corrine (TX) Ruppersberger vice, and there were—yeas 234, nays time for any electronic vote on the Butterfield Johnson (GA) Rush 191, not voting 7, as follows: question of passage. Capps Johnson, E. B. Ryan (OH) Capuano Kagen [Roll No. 104] The vote was taken by electronic de- Salazar Cardoza Kanjorski Sa´ nchez, Linda YEAS—234 vice, and there were—ayes 182, noes 242, Carnahan Kaptur T. Abercrombie Doyle Lee (CA) not voting 7, as follows: Carney Kennedy Sanchez, Loretta Carson (IN) Kildee Ackerman Driehaus Levin Sarbanes [Roll No. 103] Castor (FL) Kilpatrick (MI) Adler (NJ) Edwards (MD) Lewis (GA) Schakowsky Chandler Kilroy Altmire Ellison Lipinski AYES—182 Schauer Clarke Kind Andrews Engel Loebsack Schiff Aderholt Duncan Mack Clay Kirkpatrick (AZ) Baca Eshoo Lofgren, Zoe Schrader Akin Emerson Manzullo Cleaver Kissell Baird Etheridge Lowey Schwartz ´ Alexander Fallin Marchant Clyburn Klein (FL) Baldwin Farr Lujan Scott (GA) Austria Flake Marshall Cohen Kosmas Barrow Fattah Lynch Scott (VA) Bachmann Fleming McCarthy (CA) Connolly (VA) Kratovil Bean Filner Maffei Serrano Bachus Forbes McCaul Conyers Kucinich Becerra Foster Maloney Sestak Barrett (SC) Fortenberry McClintock Cooper Langevin Berkley Frank (MA) Markey (MA) Barrow Foxx McCotter Costa Larsen (WA) Shea-Porter Berman Fudge Marshall Bartlett Franks (AZ) McHenry Costello Larson (CT) Sherman Bishop (GA) Giffords Matsui Barton (TX) Frelinghuysen McHugh Courtney Lee (CA) Shuler Bishop (NY) Gonzalez McCarthy (NY) Biggert Gallegly McIntyre Crowley Levin Sires Blumenauer Grayson McCollum Bilbray Garrett (NJ) McKeon Cuellar Lewis (GA) Skelton Boccieri Green, Al McDermott Bilirakis Gerlach McMorris Cummings Lipinski Slaughter Boswell Green, Gene McGovern Bishop (UT) Gingrey (GA) Rodgers Dahlkemper Loebsack Smith (WA) Boyd Grijalva McHugh Blackburn Gohmert Mica Davis (AL) Lofgren, Zoe Snyder Brady (PA) Gutierrez McIntyre Blunt Goodlatte Miller (FL) Davis (CA) Lowey Space Braley (IA) Hall (NY) McMahon Boehner Granger Miller (MI) Davis (IL) Luja´ n Speier Brown, Corrine Halvorson McNerney Bonner Graves Minnick Davis (TN) Lynch Spratt Butterfield Hare Meek (FL) Bono Mack Guthrie Moran (KS) DeFazio Maffei Stupak Capps Harman Meeks (NY) Boozman Hall (TX) Murphy, Tim DeGette Maloney Sutton Capuano Hastings (FL) Michaud Boustany Harper Myrick Delahunt Markey (CO) Tanner Cardoza Heinrich Miller (NC) Brady (TX) Hastings (WA) Neugebauer DeLauro Markey (MA) Tauscher Carnahan Herseth Sandlin Miller, George Bright Heller Nunes Dicks Massa Taylor Carson (IN) Higgins Minnick Broun (GA) Hensarling Olson Dingell Matheson Thompson (CA) Castle Himes Mitchell Brown (SC) Herger Paul Doggett Matsui Thompson (MS) Castor (FL) Hinchey Mollohan Brown-Waite, Hoekstra Paulsen Doyle McCarthy (NY) Tierney Chandler Hinojosa Moore (KS) Ginny Hunter Pence Driehaus McCollum Titus Clarke Hirono Moore (WI) Buchanan Inglis Petri Edwards (MD) McDermott Tonko Clay Hodes Moran (VA) Burgess Issa Pitts Edwards (TX) McGovern Towns Cleaver Holt Murphy (CT) Burton (IN) Jenkins Platts Ellison McMahon Tsongas Clyburn Honda Murphy, Patrick Buyer Johnson (IL) Poe (TX) Ellsworth McNerney Van Hollen Cohen Hoyer Murtha Calvert Johnson, Sam Posey Engel Meek (FL) Vela´ zquez Connolly (VA) Inslee Nadler (NY) Camp Jones Price (GA) Eshoo Meeks (NY) Visclosky Conyers Israel Napolitano Campbell Jordan (OH) Putnam Etheridge Michaud Walz Cooper Jackson (IL) Neal (MA) Cantor King (IA) Radanovich Farr Miller (NC) Wasserman Costa Jackson-Lee Nye Capito King (NY) Rehberg Fattah Miller, George Schultz Costello (TX) Oberstar Carter Kingston Reichert Filner Mitchell Waters Courtney Johnson (GA) Obey Cassidy Kirk Roe (TN) Foster Mollohan Watson Crowley Johnson, E. B. Olver Castle Kline (MN) Rogers (AL) Frank (MA) Moore (KS) Watt Cuellar Jones Ortiz Chaffetz Lamborn Rogers (KY) Fudge Moore (WI) Waxman Cummings Kagen Pallone Childers Lance Rogers (MI) Giffords Moran (VA) Weiner Davis (AL) Kanjorski Pascrell Coble Latham Rohrabacher Gonzalez Murphy (CT) Welch Davis (CA) Kaptur Pastor (AZ) Cole LaTourette Rooney Gordon (TN) Murphy, Patrick Wexler Davis (IL) Kennedy Payne Conaway Latta Ros-Lehtinen Grayson Murtha Wilson (OH) DeFazio Kildee Pelosi Crenshaw Lee (NY) Roskam Green, Al Nadler (NY) Woolsey DeGette Kilpatrick (MI) Perlmutter Culberson Lewis (CA) Royce Green, Gene Napolitano Wu Delahunt Kilroy Peters Davis (KY) Linder Ryan (WI) Griffith Neal (MA) Yarmuth DeLauro Kirkpatrick (AZ) Peterson Deal (GA) LoBiondo Scalise Diaz-Balart, L. Klein (FL) Pingree (ME) Dent Lucas Schmidt NOT VOTING—7 Diaz-Balart, M. Kosmas Polis (CO) Diaz-Balart, L. Luetkemeyer Schock Dicks Kucinich Pomeroy Diaz-Balart, M. Lummis Sensenbrenner Cao Melancon Stark Dingell Langevin Price (NC) Donnelly (IN) Lungren, Daniel Sessions Coffman (CO) Miller, Gary Doggett Larsen (WA) Rahall Dreier E. Shadegg Ehlers Perriello Donnelly (IN) Larson (CT) Rangel

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.078 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3024 CONGRESSIONAL RECORD — HOUSE March 5, 2009 Reyes Scott (VA) Tonko A motion to reconsider was laid on Whereas the reportedly fraudulent nature Richardson Serrano Towns the table. of campaign contributions originating from Rodriguez Sestak Tsongas the raided firm, as well as reports of the Jus- Ros-Lehtinen Shea-Porter Turner Stated for: Ross Sherman Van Hollen Mr. GENE GREEN of Texas. Mr. Speaker, tice Department conducting research on ear- Rothman (NJ) Shuler Vela´ zquez on rollcall No. 104, had I been present, I marks and campaign contributions, raise Roybal-Allard Sires Visclosky would have voted ‘‘yea.’’ concern about the integrity of congressional Ruppersberger Skelton Walz proceedings and the dignity of the institu- Rush Slaughter Wasserman f tion; and Ryan (OH) Smith (WA) Schultz RAISING A QUESTION OF THE Whereas the fact that cases are being in- Salazar Snyder Waters vestigated by the Justice Department does Sa´ nchez, Linda Space Watson PRIVILEGES OF THE HOUSE not preclude the Committee on Standards of T. Speier Watt Mr. FLAKE. Mr. Speaker, I rise to a Sanchez, Loretta Spratt Waxman Official Conduct from taking investigative Sarbanes Sutton Weiner question of the privileges of the House steps: Now, therefore, be it Schakowsky Tanner Welch previously noticed. Resolved, That (a) the Committee on Stand- Schauer Tauscher Wexler The SPEAKER pro tempore. The ards of Official Conduct, or an investigative Schiff Thompson (CA) Wilson (OH) Clerk will report the resolution. subcommittee of the committee established Schrader Thompson (MS) Woolsey jointly by the chair and ranking minority Schwartz Tierney Wu The Clerk read as follows: Scott (GA) Titus Yarmuth H. RES. 212 member shall immediately begin an investigation into the relationship between ear- NAYS—191 Whereas The Hill reported on February 10, mark requests on behalf of clients of the 2009, that ‘‘a top defense-lobbying firm’’ that raided firm already made by Members and Aderholt Franks (AZ) Mica ‘‘specializes in obtaining earmarks in the de- Akin Frelinghuysen Miller (FL) the source and timing of past campaign con- fense budget for a long list of clients’’ was Alexander Gallegly Miller (MI) tributions related to such requests. ‘‘recently raided by the FBI.’’; Arcuri Garrett (NJ) Moran (KS) (b) The Committee on Standards of Official Whereas Roll Call reported on February 11, Austria Gerlach Murphy, Tim Conduct shall submit a report of its findings Bachmann Gingrey (GA) 2009, that ‘‘the defense-appropriations-fo- Myrick to the House of Representatives within 2 Bachus Gohmert cused lobbying shop’’ had in recent years Neugebauer months after the date of adoption of this res- Barrett (SC) Goodlatte Nunes ‘‘spread million of dollars of campaign con- olution. Bartlett Gordon (TN) Olson tributions to lawmakers.’’; Barton (TX) Granger Paul Whereas Politico reported on February 13, The SPEAKER pro tempore. The res- Berry Graves Paulsen Biggert Griffith 2009, that ‘‘federal investigators are asking olution qualifies. Pence about thousands of dollars in campaign con- Bilbray Guthrie Petri MOTION TO TABLE tributions to lawmakers as part of an effort Bilirakis Hall (TX) Pitts Mr. CLYBURN. Mr. Speaker, I move Bishop (UT) Harper Platts to determine whether they were illegal Blackburn Hastings (WA) Poe (TX) ‘straw man’ donations.’’; to lay the resolution on the table. Blunt Heller Posey Whereas Roll Call reported on February 20, The SPEAKER pro tempore. The Boehner Hensarling Price (GA) 2009, that they have ‘‘located tens of thou- question is on the motion. Bonner Herger Putnam sands of dollars worth of [the raided firm]- Bono Mack Hill The question was taken; and the Radanovich linked donations that are improperly re- Boozman Hoekstra Rehberg Speaker pro tempore announced that Boren Holden ported in the FEC database.’’; the ayes appeared to have it. Reichert Whereas Roll Call also reported that Boucher Hunter Roe (TN) Boustany Inglis RECORDED VOTE Rogers (AL) ‘‘tracking Federal Election Commission Brady (TX) Issa Rogers (KY) records of campaign donations attributed to Mr. FLAKE. Mr. Speaker, I demand a Bright Jenkins Rogers (MI) [the firm] is a comedy of errors, misinforma- recorded vote. Broun (GA) Johnson (IL) Rohrabacher tion and mysteries, providing more questions Brown (SC) Johnson, Sam A recorded vote was ordered. Rooney than answers about how much money the Brown-Waite, Jordan (OH) Pursuant to clause 8 of rule XX, this Roskam Ginny Kind lobbying firm actually raised for Congres- Royce 15-minute vote on the motion to table Buchanan King (IA) sional campaigns.’’; Ryan (WI) Burgess King (NY) Whereas CQ Today reported on February will be followed by a 5-minute vote on Scalise Burton (IN) Kingston the motion to suspend the rules on Schmidt 19, 2009, that ‘‘104 House members got ear- Buyer Kirk Schock marks for projects sought by [clients of the House Resolution 153, if ordered. Calvert Kissell firm] in the 2008 defense appropriations The vote was taken by electronic de- Camp Kline (MN) Sensenbrenner Campbell Kratovil Sessions bills,’’ and that 87 percent of this bipartisan vice, and there were—ayes 222, noes 181, Cantor Lamborn Shadegg group of Members received campaign con- answered ‘‘present’’ 14, not voting 14, Capito Lance Shimkus tributions from the raided firm; as follows: Carney Latham Shuster Whereas The Hill reported on February 10, Carter LaTourette Simpson 2009, that in 2008 clients of this firm had ‘‘re- [Roll No. 105] Smith (NE) Cassidy Latta ceived $299 million worth of earmarks, ac- AYES—222 Chaffetz Lee (NY) Smith (NJ) cording to Taxpayers for Common Sense.’’; Abercrombie Cohen Gonzalez Childers Lewis (CA) Smith (TX) Adler (NJ) Connolly (VA) Gordon (TN) Coble Linder Souder Whereas The Hill reported on February 23, Altmire Conyers Grayson Cole LoBiondo Stearns 2009, that ‘‘clients of a defense lobby shop Andrews Cooper Green, Al Conaway Lucas Stupak under investigation are continuing to score Arcuri Costa Green, Gene Crenshaw Luetkemeyer Sullivan earmarks from their patrons in Congress, de- Baca Costello Griffith Culberson Lummis Taylor spite the firm being on the verge of shutting Baird Courtney Grijalva Dahlkemper Lungren, Daniel Teague its doors permanently’’ and that several of Baldwin Crowley Gutierrez Davis (KY) E. Terry the firm’s clients ‘‘are slated to receive ear- Barrow Cuellar Hare Davis (TN) Mack Thompson (PA) Becerra Cummings Harman Deal (GA) Manzullo Thornberry marks worth at least $8 million in the omni- Berkley Dahlkemper Hastings (FL) Dent Marchant Tiahrt bus spending bill funding the federal govern- Berman Davis (CA) Heinrich Dreier Markey (CO) Tiberi ment through the rest of fiscal 2009 . . .’’; Berry Davis (IL) Herseth Sandlin Duncan Massa Upton Whereas the Washington Post reported on Bishop (GA) Davis (TN) Higgins Edwards (TX) Matheson Walden June 13, 2008, in a story describing increased Bishop (NY) DeFazio Hill Ellsworth McCarthy (CA) Wamp earmark spending in the House version of Blumenauer DeGette Hinchey Emerson McCaul Westmoreland the fiscal year 2009 defense authorization bill Boren Delahunt Hinojosa Fallin McClintock Whitfield Boswell DeLauro Hirono Flake McCotter Wilson (SC) that ‘‘many of the earmarks serve as no-bid Boucher Dicks Holden Fleming McHenry Wittman contracts for the recipients.’’; Boyd Dingell Holt Forbes McKeon Wolf Whereas the Associated Press reported on Brady (PA) Doggett Honda Fortenberry McMorris Young (AK) February 25, 2009, that ‘‘the Justice Depart- Braley (IA) Doyle Hoyer Foxx Rodgers Young (FL) ment’s fraud section is overseeing an inves- Brown, Corrine Driehaus Inslee NOT VOTING—7 tigation into whether [the firm] reimbursed Capps Edwards (MD) Israel some employees for campaign contributions Capuano Edwards (TX) Jackson (IL) Cao Melancon Stark to members of Congress who requested the Cardoza Ellison Jackson-Lee Coffman (CO) Miller, Gary Carnahan Engel (TX) Ehlers Perriello projects.’’; Whereas Politico reported on February 12, Carney Eshoo Johnson (GA) 2009, that ‘‘several sources said FBI agents Carson (IN) Etheridge Johnson, E. B. b 1817 Childers Farr Jones have spent months laying the groundwork So the bill was passed. Clarke Fattah Kagen for their current investigation, including Clay Filner Kaptur The result of the vote was announced conducting research on earmarks and cam- Cleaver Frank (MA) Kildee as above recorded. paign contributions.’’; Clyburn Fudge Kilpatrick (MI)

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.041 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3025 Kilroy Napolitano Scott (VA) Terry Upton Wilson (SC) If not, obviously we will have to be Klein (FL) Neal (MA) Serrano Thompson (PA) Visclosky Wittman here tomorrow to assure that we do not Kratovil Nye Sestak Thornberry Walz Wolf Kucinich Oberstar Shea-Porter Tiahrt Wamp Young (FL) shut down the government. Tiberi Westmoreland Langevin Obey Sherman f Larsen (WA) Olver Shuler Turner Whitfield Larson (CT) Ortiz Sires ANNOUNCEMENT BY THE SPEAKER Lee (CA) Pallone Skelton ANSWERED ‘‘PRESENT’’—14 Levin Pascrell Slaughter Barrett (SC) Conaway Lofgren, Zoe PRO TEMPORE Lewis (GA) Pastor (AZ) Smith (WA) Bonner Dent Myrick The SPEAKER pro tempore. Without Lipinski Payne Snyder Butterfield Hastings (WA) Walden Lowey Perlmutter Space Castor (FL) Kline (MN) Welch objection, 5-minute voting will con- Luja´ n Peters Speier Chandler Latham tinue. Lynch Peterson Spratt There was no objection. Maffei Pingree (ME) Stupak NOT VOTING—14 Maloney Polis (CO) Sutton Ackerman Ehlers Miller, Gary f Markey (CO) Pomeroy Tanner Calvert Hall (NY) Moran (VA) Markey (MA) Price (NC) Tauscher Cao Kanjorski Perriello COMMENDING THE UNIVERSITY OF Marshall Rahall Taylor Coffman (CO) Kennedy Stark SOUTHERN CALIFORNIA ON ITS Massa Rangel Thompson (CA) Davis (AL) Melancon Matheson Reyes Thompson (MS) 2009 ROSE BOWL VICTORY Matsui Richardson Tierney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. The un- McCarthy (NY) Rodriguez Titus The SPEAKER pro tempore (during McCollum Rohrabacher Tonko finished business is the question on McDermott Ross Towns the vote). There are less than 2 min- suspending the rules and agreeing to McGovern Rothman (NJ) Tsongas utes remaining in this vote. the resolution, H. Res. 153. McIntyre Roybal-Allard Van Hollen The Clerk read the title of the resolu- McMahon Ruppersberger Vela´ zquez b 1840 tion. Meek (FL) Rush Wasserman Messrs. MITCHELL, MCNERNEY, Meeks (NY) Ryan (OH) Schultz and KISSELL changed their vote from The SPEAKER pro tempore. The Michaud Salazar Waters question is on the motion offered by Miller (NC) Sa´ nchez, Linda Watson ‘‘aye’’ to ‘‘no.’’ Miller, George T. Watt Mr. WELCH changed his vote from the gentleman from Colorado (Mr. Mollohan Sanchez, Loretta Waxman ‘‘aye’’ to ‘‘present.’’ POLIS) that the House suspend the Moore (KS) Sarbanes Weiner Mr. LATHAM changed his vote from rules and agree to the resolution, H. Moore (WI) Schakowsky Wexler Res. 153. Murphy (CT) Schauer Wilson (OH) ‘‘no’’ to ‘‘present.’’ Murphy, Patrick Schiff Woolsey So the motion was agreed to. The question was taken. Murphy, Tim Schrader Wu The result of the vote was announced The SPEAKER pro tempore. In the Murtha Schwartz Yarmuth opinion of the Chair, two-thirds being Nadler (NY) Scott (GA) Young (AK) as above recorded. A motion to reconsider was laid on in the affirmative, the ayes have it. NOES—181 the table. RECORDED VOTE Aderholt Foster McCaul f Mr. CONNOLLY of Virginia. Mr. Akin Foxx McClintock Speaker, I demand a recorded vote. Alexander Franks (AZ) McCotter LEGISLATIVE PROGRAM A recorded vote was ordered. Austria Frelinghuysen McHenry Bachmann Gallegly McHugh (Mr. HOYER asked and was given The SPEAKER pro tempore. This Bachus Garrett (NJ) McKeon permission to address the House for 1 will be a 5-minute vote. Bartlett Gerlach McMorris minute.) The vote was taken by electronic de- Barton (TX) Giffords Rodgers Mr. HOYER. Mr. Speaker, ladies and Bean Gingrey (GA) McNerney vice, and there were—ayes 362, noes 15, Biggert Gohmert Mica gentlemen of the House, as you know, answered ‘‘present’’ 4, not voting 50, as Bilbray Goodlatte Miller (FL) the continuing resolution expires at follows: Bilirakis Granger Miller (MI) midnight tomorrow. As you also know, Bishop (UT) Graves Minnick [Roll No. 106] Blackburn Guthrie Mitchell the other body is still in the process of AYES—362 Blunt Hall (TX) considering the omnibus appropriation Moran (KS) Abercrombie Brown, Corrine DeFazio Boccieri Halvorson Neugebauer that we sent to them some days ago. Aderholt Buchanan Delahunt Boehner Harper Nunes They are currently in the process of Adler (NJ) Burton (IN) DeLauro Bono Mack Heller Olson Akin Butterfield Dent Boozman Hensarling voting on five amendments. That will Paul Andrews Camp Diaz-Balart, L. Boustany Herger Paulsen take probably another half hour. At Arcuri Campbell Diaz-Balart, M. Brady (TX) Himes Pence the conclusion of that, they will be dis- Austria Cantor Dingell Bright Hodes Petri Baca Capito Doggett Broun (GA) Hoekstra cussing whether or not they can get to Pitts Bachmann Capps Dreier Brown (SC) Hunter two more votes to conclude their con- Platts Bachus Capuano Driehaus Brown-Waite, Inglis Poe (TX) sideration of the omnibus appropria- Baldwin Cardoza Duncan Ginny Issa Posey tion. Barrow Carnahan Edwards (MD) Buchanan Jenkins Price (GA) Bartlett Carson (IN) Ellison Burgess Johnson (IL) There have been no amendments Putnam Barton (TX) Carter Ellsworth Burton (IN) Johnson, Sam Radanovich adopted in the Senate to the omnibus Bean Castle Emerson Buyer Jordan (OH) Rehberg appropriation. As a result, if there are Becerra Castor (FL) Engel Camp Kind Reichert Berkley Chaffetz Eshoo Campbell King (IA) no amendments adopted and the Sen- Roe (TN) Berman Chandler Etheridge Cantor King (NY) ate can come to a vote sometime this Rogers (AL) Biggert Childers Fallin Capito Kingston Rogers (KY) evening and that is assured, then it Bilbray Clarke Farr Carter Kirk Rogers (MI) will not be necessary for us to return Bilirakis Clay Fattah Cassidy Kirkpatrick (AZ) Rooney Bishop (GA) Cleaver Filner Castle Kissell tomorrow. But I cannot tell you at this Ros-Lehtinen Bishop (NY) Clyburn Flake Chaffetz Kosmas Roskam point in time. I’m hopeful that by 8:30 Bishop (UT) Coble Fleming Coble Lamborn Royce I will be able to give you a pretty de- Blackburn Cohen Forbes Cole Lance Ryan (WI) Blumenauer Cole Fortenberry Crenshaw LaTourette finitive word on whether or not we will Scalise Blunt Conaway Foster Culberson Latta need to be here tomorrow. Schmidt Bonner Connolly (VA) Foxx Davis (KY) Lee (NY) Schock So I wanted to bring you up to date. Bono Mack Cooper Frank (MA) Deal (GA) Lewis (CA) Sensenbrenner We will try to have it, as I say, by 8:30. Boozman Costa Franks (AZ) Diaz-Balart, L. Linder Sessions Boren Costello Frelinghuysen Diaz-Balart, M. LoBiondo If we get it earlier, we will give you Shadegg Boswell Courtney Fudge Donnelly (IN) Loebsack Shimkus that notice earlier. But I’m hopeful Boucher Crenshaw Garrett (NJ) Dreier Lucas Shuster that by 8:30 we will be able to inform Boustany Crowley Gerlach Duncan Luetkemeyer Simpson Boyd Cuellar Giffords Ellsworth Lummis you. Smith (NE) Brady (PA) Culberson Gingrey (GA) Emerson Lungren, Daniel We have one more vote now; but, Smith (NJ) Brady (TX) Cummings Gonzalez Fallin E. Smith (TX) again, if they proceed, as has been the Braley (IA) Davis (IL) Goodlatte Flake Mack Souder case, and they can get an agreement on Bright Davis (KY) Gordon (TN) Fleming Manzullo Stearns Broun (GA) Davis (TN) Granger Forbes Marchant voting tonight, then it would not be Sullivan Brown (SC) Deal (GA) Graves Fortenberry McCarthy (CA) Teague necessary for us to be here tomorrow.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.043 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3026 CONGRESSIONAL RECORD — HOUSE March 5, 2009 Grayson Marshall Rothman (NJ) DeGette Holden Perriello the gentleman knows, there are plenty Green, Al Massa Roybal-Allard Dicks Jackson-Lee Price (NC) of new Members here that have not had Griffith Matheson Royce Edwards (TX) (TX) Putnam Guthrie Matsui Ruppersberger Ehlers Kind Schakowsky a chance to vote on that bill. So if I Hall (TX) McCarthy (CA) Rush Gallegly Larsen (WA) Shuler hear the gentleman correctly, we will Halvorson McCaul Ryan (OH) Gohmert Linder Slaughter await Senate action prior to any House Harper McClintock Salazar Green, Gene Lofgren, Zoe Stark ´ action. Hastings (WA) McCollum Sanchez, Linda Grijalva McCarthy (NY) Sullivan Heinrich McCotter T. Gutierrez Melancon Mr. HOYER. I want to make it clear, Turner Heller McDermott Sanchez, Loretta Hall (NY) Miller, Gary Whitfield if the gentleman will yield, that it is Hensarling McGovern Sarbanes Harman Moran (VA) Wu our intention to move this bill, but we Herger McHenry Scalise Hastings (FL) Obey Herseth Sandlin McHugh Schauer Hinchey Pascrell Yarmuth are expecting the Senate to move and Higgins McIntyre Schiff we will see what they have done and we ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hill McKeon Schmidt will take that up in good time. Himes McMahon Schock The SPEAKER pro tempore (during Mr. CANTOR. I thank the gentleman. Hinojosa McMorris Schrader the vote). Two minutes remain on this Hirono Rodgers Schwartz Mr. Speaker, I would also like to ask Hodes McNerney Scott (GA) vote. the gentleman for the anticipated tim- Hoekstra Meek (FL) Scott (VA) b 1851 ing on the public lands bill and when Holt Meeks (NY) Serrano the gentleman thinks that he will Honda Mica Sessions So (two-thirds being in the affirma- Hoyer Michaud Sestak bring that to the floor. Hunter Miller (FL) Shadegg tive) the rules were suspended and the Mr. HOYER. As you know, there is a Inglis Miller (MI) Shea-Porter resolution was agreed to. lot of interest on both sides of the aisle Inslee Miller (NC) Sherman The result of the vote was announced on this bill and very significant inter- Israel Miller, George Shimkus as above recorded. Issa Minnick Shuster est in the Senate to see this bill com- Jackson (IL) Mitchell Simpson A motion to reconsider was laid on pleted and sent to the President. We Jenkins Mollohan Sires the table. Johnson (GA) Moore (KS) Skelton will continue to work together with Johnson (IL) Moore (WI) Smith (NE) f the Republican leadership and the Sen- Johnson, E. B. Moran (KS) Smith (NJ) LEGISLATIVE PROGRAM ate leadership to get this bill to the Johnson, Sam Murphy (CT) Smith (TX) President’s desk as soon as possible. I Jones Murphy, Tim Smith (WA) (Mr. CANTOR asked and was given Jordan (OH) Murtha Snyder have discussed this, as you know, with Kaptur Myrick Space permission to address the House for 1 you and the leader, so we are hoping to Kennedy Nadler (NY) Speier minute.) bring this forward soon, possibly next Kildee Napolitano Spratt Mr. CANTOR. Mr. Speaker, I yield to Kilpatrick (MI) Neal (MA) Stearns week. Kilroy Neugebauer Stupak the gentleman from Maryland, the ma- Mr. CANTOR. I thank the gentleman. King (IA) Nunes Sutton jority leader, for the purpose of an- Mr. Speaker, I would also point out Kingston Nye Tanner nouncing next week’s schedule. to the gentleman from Maryland, there Kirk Oberstar Tauscher Mr. HOYER. I thank the Republican Kirkpatrick (AZ) Olson Taylor has been a lot of discussion lately, cer- Kissell Olver Teague whip for yielding. tainly on the part of the White House, Klein (FL) Ortiz Thompson (CA) On Monday, the House will meet at the President, about his plans for mak- Kline (MN) Pallone Thompson (MS) 12:30 p.m. for morning hour and 2 p.m. ing sure of the security of our troops in Kosmas Pastor (AZ) Thompson (PA) Kratovil Paul Thornberry for legislative business. Iraq and his announcement of the with- Kucinich Paulsen Tiahrt On Tuesday, the House will meet at drawal timeline. I know that the Lamborn Payne Tiberi 10:30 a.m. for morning hour and 12 p.m. Speaker has also spoken out on this Lance Pence Tierney for legislative business. Langevin Perlmutter Titus issue, seeming to have somewhat of a Larson (CT) Peters Tonko On Wednesday and Thursday, the different position than the White Latham Peterson Towns House will meet at 10 a.m. for legisla- House on this. I know the gentleman LaTourette Petri Tsongas tive business. himself, I believe, has said that he is in Latta Pingree (ME) Upton Lee (CA) Pitts Van Hollen On Friday, no votes are expected. agreement with the President. We sup- Lee (NY) Platts Vela´ zquez We will consider several bills under port the President, Mr. Speaker, in his Levin Poe (TX) Visclosky suspension of the rules. A complete list decision to listen to the commanders Lewis (CA) Polis (CO) Walden of suspensions will be announced by Lewis (GA) Pomeroy Walz on the ground. Lipinski Posey Wamp the close of business tomorrow, as is I would note that in Congresses past LoBiondo Price (GA) Wasserman usual. we certainly have had a number of res- Loebsack Radanovich Schultz In addition, we will consider H.R. olutions based on a timeline for with- Lowey Rangel Waters Lucas Rehberg Watson 1262, the Water Quality Investment Act drawal of our troops, and would ask the Luetkemeyer Reichert Watt of 2009. We also possibly will consider gentleman, is he anticipating any type Luja´ n Reyes Waxman H.R. 157, the District of Columbia of resolution of disapproval of the Lummis Richardson Weiner House Voting Rights Act of 2009. Lungren, Daniel Rodriguez Welch President’s announcement? E. Roe (TN) Westmoreland Mr. CANTOR. I thank the gentleman. Mr. HOYER. If the gentleman will Lynch Rogers (AL) Wexler Mr. Speaker, I would ask the gen- yield, as you have stated, the President Mack Rogers (KY) Wilson (OH) tleman regarding the schedule going announced a plan last Friday at a Maffei Rogers (MI) Wilson (SC) Maloney Rohrabacher Wittman forward if he could tell the House what meeting in the White House and then Manzullo Rooney Wolf the timing would be on bringing the so- announced it publicly down at Camp Marchant Ros-Lehtinen Woolsey called card-check bill to the floor. Lejeune. It calls for withdrawal of our Markey (CO) Roskam Young (AK) Mr. HOYER. With respect to the troops, to be out of Iraq in terms of a Markey (MA) Ross Young (FL) card-check bill, as the gentleman military role within 18 months. This is, NOES—15 knows, we have already passed that bill I think personally, a responsible plan. Altmire Doyle Rahall with a very handy vote. We believe The gentleman asked me whether or Berry Kagen Ryan (WI) that that is an appropriate bill to be not I think there will be a resolution of Boccieri Kanjorski Sensenbrenner Carney King (NY) Souder passed and are supportive of it. How- disapproval. I don’t think there will be Dahlkemper Murphy, Patrick Terry ever, we have passed that bill. The Sen- a resolution of disapproval. Clearly, as ate has indicated that they are going the gentleman well knows, there will ANSWERED ‘‘PRESENT’’—4 to consider that bill, and my expecta- be an authorizing bill that will come Baird Donnelly (IN) tion is that they will be doing so in the forward later this spring, there will be Cassidy Hare relatively near future and we will see an appropriations bill appropriating NOT VOTING—50 what action they take. money for the Defense Department, Ackerman Brown-Waite, Cao Mr. CANTOR. I thank the gentleman. and obviously those two opportunities Alexander Ginny Coffman (CO) Mr. Speaker, I would say to the gen- will present themselves to Members Barrett (SC) Burgess Conyers Boehner Buyer Davis (AL) tleman that we have in this House who may want to express themselves Calvert Davis (CA) passed in prior Congresses that bill. As on this issue.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.047 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3027 But as to the gentleman’s question, underscore our concern that as he And the gentleman has mentioned an do I expect a resolution of disapproval, knows and we have discussed as late as alternative the President has proposed. I do not. today at the President’s summit on It’s an alternative supported by a large Mr. CANTOR. I thank the gentleman health care at the White House, these number of people, and that is before on that. are extraordinary times. We have the committee. And we’ll see what the Mr. Speaker, I would ask the gen- tough choices to make. committee does with it. tleman just in the context of the budg- Mr. CANTOR. Mr. Speaker, I thank b 1900 et discussion that is ongoing obviously the gentleman again, and would say here on Capitol Hill in Congress and at Families are out there struggling to that, again, our priority must be on, as the White House, there are some unan- make ends meet. And the President has he has said in the past as well, must be swered questions as far as the Repub- continued to say that we will provide on this economy. It must be on main- lican Conference is concerned as to the tax relief for working Americans. We taining, protecting and creating jobs. direction of this budget that the leader will provide tax relief to 95 percent of And we believe, as the gentleman sees coming through the House. the American people. knows, on this side of the aisle, that Obviously there have been some dis- The trouble, Mr. Speaker, that we’re the way to do that is to focus on small cussions about charitable giving that having is when we hear members of the businesses, to ensure that we’re not the gentleman himself has raised con- President’s administration talk about adding burdens to the real job genera- cerns regarding and that I have ex- the President’s desire to see cap-and- tors, which are our small businesses. traordinary concerns about taking trade legislation pass through this So if we’re talking about bringing away incentives to help support our House, and the admission on the part this budget forward and talking about charities in such a tough economic pe- of officials in the administration that PAYGO, as the gentleman has referred riod, and was wondering if the gen- that legislation would produce $1,300 to, I know last year we passed the tleman could comment on whether he worth of additional tax to every house- stimulus bill, and the gentleman indi- felt that the House budget that he will hold in this country, if we do the math, cated that we waived PAYGO back bring to the floor would reflect our with the Make Work Pay Program, and then for tax relief. I know that Mem- concern that perhaps we shouldn’t be even if one was able to get the max- bers on our side of the aisle would cer- throttling back on people’s giving to imum relief under that program, that’s tainly be supportive of any bit of relief charities. an $800 relief for a household. You do we could give to those small busi- Mr. HOYER. If the gentleman will the math, we still are at a point where nesses. yield, I thank the gentleman for his you have a $500 deficit in each house- But, Mr. Speaker, I’d ask the gen- question and I understand his concern. hold, if every one of those were to be tleman again, in the context of where As he says, I have expressed a concern able to receive the maximum relief. we’re operating now, and the fact that with respect to that issue. However, So I would ask the gentleman, as far the Dow Jones dropped another 280 having said that, I am not going to an- as the overall sense of the budget that points today, and the fact we’ve not ticipate at this point in time what the he will bring to the floor, are we really gotten from the White House and the Budget Committee is going to do. going to deliver on this tax relief? Or administration a plan for the bank fix. Clearly the Budget Committee is hav- are we going to try and address this We don’t know the direction that the ing hearings and the Budget Com- cap-and-trade program, which has now TARP funding is going. We have a mittee will be, some weeks from now, been admitted to be an extra tax that sense from some of the statements marking up a budget and bringing it to will outweigh any tax relief under the made in the Budget Committee and the floor. Make Work Pay Program? As you know, we are very committed others this last several days, that the I yield. on this side of the aisle to PAYGO, TARP money has been all committed. Mr. HOYER. I thank the gentleman paying our bills and trying to reduce And if so, is there any indication, do for his question. our deficit. Clearly we have added very we know how much more money will be Let me first observe that, quite obvi- substantially to the deficit because of impacting this budget? ously, we are going to provide for tax the economic crisis that confronts us, Because, Mr. Speaker, I’d ask the relief, as the President said in his cam- but we still feel a great responsibility gentleman how he expects this House paign, as he’s reiterated in his speech to move ahead on making sure that we to produce an honest budget if we do to the joint session, tax relief for 95 move towards reducing that deficit in not know the plans of this administra- percent of taxpayers. We have every in- the long term. tion, which will occur, I’m sure, immi- Clearly the President has proposed tention of pursuing that. nently in their request for more assist- from our perspective one of the most We also have every intention of hav- ance and more money towards the honest budgets that we have received ing a fiscally responsible budget. We banking problem. in the sense that it includes costs of also, as the President also indicated in And I yield. the war, it includes costs for adjusting his speech to the joint session, will Mr. HOYER. I thank the gentleman the alternative minimum tax, it in- pursue vigorously energy independence for his question. Of course, at the cen- cludes the costs within its budget con- and the issue of global warming. ter of that question is the crisis that templation of fixing the doctors pay- The gentleman speaks of one of the we confront in the economy. As the ments for Medicare. So in all those alternatives, an alternative proposed gentleman knows, he talked about, in a ways and more, this budget sets forth a by the President to deal with that bipartisan way, supporting the Presi- responsible alternative for us to pur- issue in terms of cap-and-trade. The dent’s policy on Iraq. As the gentleman sue. In addition, as the gentleman Energy and Commerce Committee will knows, in a bipartisan way, we sup- knows, it provides for the continuation be considering that, as the gentleman ported the Bush administration’s re- of a tax cut for 95 percent of American knows, and I’m not going to anticipate quest, both in January of 2008, in Sep- families and individuals. So we think their specific action. But I am going to tember of 2008, and again in December those are all very important proposals. say that we are committed on this side of 2008, when the President made a re- We know that the Budget Committee of the aisle, as I hope your side of the quest for the second tranche of the will be considering that. aisle will be as well, to very, very sub- TARP. I think every Member of this As the gentleman knows, both your stantially reducing the carbon foot- Congress believes that the first tranche side of the aisle and my side of the print that we are making in this coun- did not work as well as we had hoped it aisle will be discussing and debating try, and indeed, that’s being made would work. that and we will be adopting a budget. around the world, which we believe We also, in these past 2 weeks, have I do not want to at this point in time that science is pretty clear on this. passed extraordinarily quickly and anticipate each and every item that And very frankly, the previous admin- robustly, consistent with the advice of they may or may not include in that istration, which did not express that the last administration and this ad- budget, however. view early in its tenure, during its last ministration, an attempt to do what Mr. CANTOR. I thank the gentleman year, changed somewhat its view. In the gentleman says we want to do, cre- for that answer and just would like to any event, we want to deal with that. ate jobs.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.087 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3028 CONGRESSIONAL RECORD — HOUSE March 5, 2009 The gentleman also knows that we SPECIAL ORDERS We also need to make sure that Mem- passed a recovery and reinvestment bill The SPEAKER pro tempore (Mr. ber offices are given clear information that had over $250 billion of tax relief, KRATOVIL). Under the Speaker’s an- about how to accommodate their con- some for individuals and some for nounced policy of January 6, 2009, and stituents if the on-line reservation sys- small businesses, some for businesses under a previous order of the House, tem shows all the slots for a given day generally. About 35 percent of that bill the following Members will be recog- are taken. was tax relief for our citizens. The nized for 5 minutes each. The CVC Web site and reservation other percentage of that bill was for in- system also could stand improvement, vestment, was for dealing with those f particularly standardizing the on-line who have been put at deepest risk by The SPEAKER pro tempore. Under a process for booking staff-led tours so the economic crisis, in terms of losing previous order of the House, the gen- that you don’t have to hunt and peck jobs, in terms of not being able to feed tleman from Maryland (Mr. CUMMINGS) to figure out how to book one. their families and not having health is recognized for 5 minutes. I look forward to working with Mr. (Mr. CUMMINGS addressed the care available to them. BRADY and the authorizing committees So I say to my friend that, as we House. His remarks will appear here- on these issues so we can make the ex- move forward on the budget, and as we after in the Extensions of Remarks.) isting system more user-friendly, with- look to the administration for the clar- f out compromising security or over- ification that the gentleman seeks, ap- STAFF-LED TOURS OF THE loading the Capitol building. propriately, in my opinion, and in our CAPITOL And I encourage and ask all Members opinion, a more specific outline of how if they have suggestions to please offer The SPEAKER pro tempore. Under a the administration’s going to proceed, them to us. previous order of the House, the gentle- we will have that in consideration woman from Florida (Ms. WASSERMAN f when we produce a budget. And as I SCHULTZ) is recognized for 5 minutes. say, we intend to produce a responsible b 1915 Ms. WASSERMAN SCHULTZ. Mr. budget that looks towards deficit re- Speaker, I rise today to express my DEFENDERS OF THE ALAMO THAT duction. That obviously won’t be until deep concern about the difficulties DIED MARCH 6, 1836 BY MARY some time from now. We’ve got to turn Member offices are experiencing offer- ANN NOONON GUERRA—HISTO- this economy around, start creating ing staff-led tours of the Capitol. RIAN jobs which, hopefully, will have the ef- As Chair of the Legislative Branch The SPEAKER pro tempore. Under a fect of the stock market going up, not Appropriations Subcommittee, I am previous order of the House, the gen- down, which is to the interest of all of fully committed to making sure Mem- tleman from Texas (Mr. POE) is recog- us. ber offices can continue providing this nized for 5 minutes. Mr. CANTOR. Mr. Speaker, I thank important service to their constitu- Mr. POE of Texas. Mr. Speaker, 163 the gentleman. I yield back my time. ents. years ago this night, on March the 5th, The Capitol is not a museum. It is a 1836, would be the last night for a group f living, breathing institution at the of individuals who came from all over core of our representative democracy. the United States. They were from VOTING RIGHTS FOR THE Staff-led tours give our constituents a most of the States. They were from nu- DISTRICT OF COLUMBIA chance to experience the work that merous foreign countries. They were (Mr. TONKO asked and was given goes on here on a personalized level. odd sorts of individuals. They were permission to address the House for 1 When there was talk last year about frontiersmen, landowners, lawyers, un- minute.) eliminating staff-led tours, we made employed. They were of all races— Mr. TONKO. Two and a third cen- clear at our oversight hearings that black, white and brown—but they were turies ago, before our United States preserving those tours should be one of all volunteers, and most of them knew Capitol had even been imagined, the the highest priorities for the Capitol that this would be their last night Founders were asking a question we Visitor Center. Reflecting that pri- after spending 12 days defending an old, hear in the District of Columbia to this ority, we included a provision in last beat-up Spanish fort that had already day, and that is, how can we cut out a year’s Legislative Branch Appropria- been over 100 years old. It was now a city from its home State and put it tions bill prohibiting the elimination mission but also a fortress, what we under the direct rule of Congress with- of staff-led tours. call the Alamo. out violating the principles that the However, preserving the existence of You see, this odd bunch of individ- Revolutionary War fought to secure? the tours and putting a button on the uals ended up there because all of them James Madison argued that there CVC Web site is simply not enough. We had ended up and had come to Texas was only one way around that hypoc- also need to make sure that the system from different parts of the country— risy, ‘‘to provide for the rights and the in place doesn’t diminish Member of- from Mexico, from Europe—to seek a consent of the citizens inhabiting it.’’ fices’ ability to offer staff-led tours. new life. And further, its people ‘‘will have had Mr. BRADY and I intend to work aggres- Backing up in history a little bit, the their voice in the election of the gov- sively over the next few weeks to en- country of Spain had claimed most of ernment which is to exercise authority sure that improvements to the system Central America and Mexico, which in- over them.’’ arrive before the peak visitor season cluded Texas at the time. Mexico de- That was the intent of our Founders. hits. cided to revolt against Spain. That rev- Those were the conditions for this Dis- Staff who give tours should receive olution was successful, and in 1824, the trict to exist, but they have not been training, but we need to make sure country of Mexico adopted a constitu- upheld. 233 years later, of all the that the time requirements make tion drafted very similarly to ours, world’s democracies, there is only one sense, that the training is consistent which gave civil liberties to all people national capital without full voting and effective, and that classes are of- in Mexico, which included Texas. rights. Washington, D.C., this city full fered frequently enough to meet Mem- But Mexico had a problem with a dic- of monuments to democracy, holds ber office needs. We also need to make tator. His name was Santa Anna, and that distinction. At last, that’s on the sure that we don’t homogenize the Cap- when he became dictator of Mexico, he verge of changing. itol tour and turn this beautiful insti- abolished the Constitution of 1824. He Soon this House will vote on a bill to tution into a museum. eliminated civil rights. He abolished give the District of Columbia a voting Staff-led tours offer something that the right to be tried by a jury, and he Member of the House of Representa- guide-led tours cannot, a personalized imposed dictator powers on Mexico. tives. I urge my colleagues in this experience that incorporates items of That offended people who lived in what Chamber to finally give the people of State and local interest. We need to is now Texas. It offended people of all Washington, D.C. a vote in this great make sure that we don’t take that per- races. So, in 1835, a revolution started body. sonal touch out of the tour process. in Texas.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.088 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3029 Then on March the 6th, 1836, which Texas. It’s important that we always San Antonio (Mexico); Main, George Wash- would be tomorrow morning, 13 days remember anybody anywhere in the ington, Virginia; Malone, William T., Vir- after defending the Alamo, these indi- world who fights for liberty, and we ginia; Marshall, William, Tennessee; Martin, viduals were sieged by a force of mili- honor those people tonight. Albert, Rhode Island; McCafferty, Edward, And that’s just the way it is. Unknown; McCoy, Jesse, Tennessee; tary Mexican soldiers several times the McDowell, William, Pennsylvania; McGee, size of the 187 defenders. Most of them DEFENDERS OF THE ALAMO THAT DIED MARCH James, Ireland; McGregor, John, Scotland; knew that that would be their last 6, 1836, BY MARY ANN NOONON GUERRA, HIS- McKinney, Robert, Tennessee; Melton, night on Earth and that tomorrow they TORIAN Elice (Eliel), 38, Georgia; Miller, Thomas R., would see their fate because they were Abamillo, Juan, San Antonio (Mexico); Tennessee; Millsaps, Isaac, 41, Mississippi; outnumbered. Allen, Robert, Virginia; Andross, Miles De- Mills, William, Tennessee; Mitchasson, Ed- forest, 21, Vermont; Autry, Micajah, 42, ward F., Virginia; Mitchell, Napoleon B., Un- You have heard all of their names North Carolina; Badillo, Juan Antonio, San throughout history. Probably the most known; Moore, Robert B., Virginia; Moore, Antonio (Mexico); Bailey, Peter James III, Willis A., Mississippi; Musselman, Robert, 31, famous are a Tennessee Congressman Kentucky; Baker, Isaac G., 22, Arkansas; Ohio; Nava, Andres, San Antonio (Mexico); by the name of Davy Crockett and Jim Baker, William Charles M., Missouri; Neggan, George, South Carolina; Nelson, An- Bowie, famous from Louisiana, but Ballentine, John J., Pennsylvania; drew M., Tennessee; Nelson, Edward, South there were others—Juan Sequin from Ballentine, Richard W., 22, Scotland; Baugh, Carolina; Nelson, George, South Carolina; Mexico, who was a scout, or William John J., 33, Virginia; Bayliss, Joseph, 28, Northcross, James, Virginia; Nowlan, James, Barret Travis, the commander of the Tennessee; Blair, John, Tennessee; Blair, England, Pagan, George, Mississippi; Parker, Samuel C., 33, Tennessee; Blazeby, William, Christopher Adams, Mississippi; Parks, Wil- Alamo. Jim Bonham was a scout who 41, England; Bonham, James Butler, 29, was also a boyhood friend of William liam, North Carolina; Perry, Richardson, South Carolina; Bourne, Daniel, 26, England; San Antonio (Mexico); Pollard, Amos, 33, Barret Travis. In all, there were 187. Bowie, James, 40, Kentucky; Bowman, Jesse Massachusetts; William Barret Travis was a 27-year- B., 51, Tennessee; Brown, George, 35, Eng- Reynolds, John Purdy, Pennsylvania; Rob- old lawyer from South Carolina, then land; Brown, James Murry, 36, Pennsylvania; ertson, James Waters, Tennessee; Roberts, Alabama, and then he came to what is Brown, Robert, 18, Unknown; Buchanan, Thomas H., Unknown; Robinson, Isaac, Scot- now Texas. James, 23, Alabama; Burns, Samuel E., 26, land; Rose, James M., Ohio; Rusk, Jackson Ireland; Butler, George D., 23, Missouri; Cain All of these individuals called them- J., Ireland; Rutherford, Joseph, Kentucky; (Cane), John, 34, Pennsylvania; Campbell, Ryan, Isaac, Louisiana; Scurlock, Mial; selves, not Texans, but Texians. Even James (Robert), 26, Tennessee; Carey, Wil- Hispanic defenders of the Alamo re- North Carolina; Sewell, Marcus L., England; liam R., 30, Virginia; Clark, Charles Henry, Shied, Manson, Georgia; Simmons, Cleveland ferred to themselves as Tehanos, or Missouri; Clark, M.B., Mississippi; Cloud, Kinloch, 21, South Carolina; Smith, Andrew Daniel William, 24, Kentucky; Cochran, Rob- Texians. H., Tennessee; Smith, Charles S., Maryland; ert E., 26, New Hampshire; Cottle, George No one came to the help of the indi- Smith, Joshua G., North Carolina; Smith, Washington, 27, Missouri; Courtman, Henry, viduals who were at the Alamo, even William H., Unknown; Starr, Richard, Eng- 28, Germany; Crawford, Lemuel, 22, South though Travis had sent out numerous land; Stewart James E., England; Stockton, Carolina; Crockett, David, 50, Tennessee; Richard Lucius, New Jersey; Summerlin, A. requests for aid, except for 32 men from Crossman, Robert, 26, Pennsylvania; Spain, Tennessee; Summers, William E., the small town of Gonzales. They Cummings, David P., 29, Pennsylvania; Tennessee; Sutherland, William Depriest, 18, marched their way into the Alamo Cunningham, Robert W., 34, New York; Alabama; Darst, Jacob C., Kentucky; Davis, John, Ken- walls, and when they arrived, Travis Taylor, Edward, Tennessee; Taylor, tucky; Day, Freeman H.K., Unknown; Day, made the comment, ‘‘These men came George, Tennessee; Taylor, James, Ten- Jerry C., Missouri; Daymon, Squire, Ten- to die.’’ nessee; Taylor, William, Tennessee; Thomas, nessee; Dearduff, William, Tennessee; We all have heard about his famous B. Archer M., Kentucky; Thomas, Henry, Dennison, Stephen (or Ireland), England; letter that he has written, that is now Germany; Thompson, Jesse G., Arkansas; Despallier, Charles, Louisiana; Dickerson Thomson, John W., North Carolina; Thur- in history, about how he had asked for (Dickinson), Almeron, 36, Tennessee; ston, John M., Pennsylvania; Trammel aid and about how he was determined Dimpkins, James R., England; Duvalt, An- Burke, Ireland; Travis, William Barret, 27, to sustain himself for as long as pos- drew, Ireland; Espalier, Carlos, San Antonio South Carolina; Tumlinson, George W., Mis- sible, which he did. (Mexico); Esparza, Gregorio (Jose Maria), souri; Tylee, James, New York; Walker, Asa, San Antonio (Mexico); Evans, Robert, Ire- Some historians say and tradition Tennessee; Walker, Jacob, 37, Tennessee; land; Evans, Samuel B., New York; Ewing, says that, before the last day took Ward, William B., 30, Ireland; Warnell, James L., Tennessee; Fishbaugh, William, place on March the 5th, in the evening, Henry, 24, Arkansas; Washington, Joseph G., Alabama; Flanders, John, Massachusetts; William Barret Travis drew a line in Kentucky; Waters, Thomas, England; Wells, Floyd, Dolphin Ward, North Carolina; William, Georgia; White, Isaac, Alabama; the sand with his sword, and he told Forsyth, John Hubbard, 39, New York; White, Robert, Unknown; those individuals who wanted to fight, Fuentes, Antonio, San Antonio (Mexico); Williamson, Hiram James, Pennsylvania; and yet die for the Republic of Texas, Fuqua, Galba, Alabama; Garnett, William, Wills, William, Georgia; Wilson, David L., to cross the line. Virginia; Garrand, James W., Louisiana; Scotland; Wilson, John, 32, Pennsylvania; Historians say the first person to Garrett, James Girard, Tennessee; Garvin, Wolfe, Anthony (Avram), England; Wright, John E., Unknown; Gaston, John E., 17, Ken- cross the line was a 26-year-old kid Claiborne, North Carolina; Zanco, Charles, tucky; George, James, Unknown; Goodrich, from Ohio. All walked over except an Denmark; and John (last name unknown), John Camp, Virginia; Grimes, Albert (Alfred) individual by the name of Moses Rose. Unknown. Moses Rose was an individual from Calvin, Georgia; Gwynne, James C., England; Hannum, James, Pennsylvania; Harris, John, f France, and he decided not to stay at Kentucky; Harrison, Andrew Jackson, Ten- the Alamo, and left over the Alamo IMPLEMENTING THE PRESIDENT’S nessee; Harrison, William B., Ohio; Haskell, PLAN: AN OUTLINE FOR ACTION wall. He later became one of the big- Charles M., Tennessee; Hawkins, Joseph M., gest sources for what took place at the Ireland; Hays, John M., Tennessee; Herndon, IN IRAQ Alamo. Patrick Henry, Virginia; Hersee, William The SPEAKER pro tempore. Under a That next morning, Santa Anna as- Daniel, England; Holland, Tapely, 26, Ohio; previous order of the House, the gentle- saulted the troops, assaulted the fort, Holloway, Samuel, Pennsylvania; Howell, woman from California (Ms. WOOLSEY) and after several hours of fighting, the William D., Massachusetts; Jackson, Thom- is recognized for 5 minutes. as, Ireland; Jackson, William Daniel, Ken- fort was taken. What few defenders tucky; Jameson, Green B., Kentucky; Jen- Ms. WOOLSEY. Mr. Speaker, the were captured after they surrendered nings, Gordon C., Connecticut; Jimenez, Center for Arms Control and Non- were summarily executed, and the bod- Damacio, San Antonio (Mexico); proliferation has released a report. It’s ies were burned. William Barret Travis Johnson, Lewis, Wales; Jones, John, New called ‘‘Implementing the President’s made the comment that victory would York; Kellogg, John Benjamin, Kentucky; Plan: An Outline for Action in Iraq.’’ be more costly to the enemy than de- Kenny, James, Virginia; Kent, Andrew, Ken- This report, based on the Obama plan feat. He was right. Ten times the num- tucky; Kerr, Joseph, Louisiana; Kimble to redeploy U.S. troops and military (Kimbell), George C., Pennsylvania; King, contractors in 16 months, was written ber of Santa Anna’s military and army William Phillip, 15, San Antonio (Mexico); were defeated and killed at that battle. Lewis, William Irvine, San Antonio (Mexico); by retired military leaders Colonel Mr. Speaker, it’s important that we Lightfoot, William J., San Antonio (Mexico); Richard L. Klass, Lieutenant General remember the men of the Alamo who Lindley, Jonathan L., Illinois; Linn, Wil- Robert G. Gard, Jr., and Brigadier Gen- fought for victory in the Republic of liam, Massachusetts; Losoya, Jose Toribio, eral John Johns.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.092 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3030 CONGRESSIONAL RECORD — HOUSE March 5, 2009 In a town full of reports, theirs is A 2008 study by the RAND Corpora- creased hearing, decreased vision, and unique because it gives a clear outline tion found that nearly 20 percent of PTSD that will carry a life-long burden of just how to execute the administra- Iraq and Afghanistan veterans have for him. tion’s original plan for a responsible symptoms of PTSD or major depres- ‘‘Yet, according to the Corps, he has and orderly redeployment from Iraq. sion. This study also found that many disgraced them by his behavior and is Anyone who questioned the original servicemembers say they do not seek no longer worthy. The way I see this, proposal just needs to listen to those treatment for psychological illnesses they used him, abused him, now will who know what it really means to because they fear it will harm their ca- discard him and find some fresh, young carry out a military plan. reers. If our government and the mili- man who isn’t tainted, and they will About the 16-month timeline, retired tary fail to address problems associ- mold him and ask him to sacrifice him- Army Lieutenant General Robert Gard ated with PTSD, the situation will self for their cause, and when he is no says, ‘‘President Obama’s plan to re- only grow worse in future years. longer of use to them, they will discard move combat forces from Iraq is mili- One disturbing example involves him as well. tarily workable and can be executed re- Lance Corporal Jeremy Smerud, a ma- ‘‘I hope with all my heart the Marine sponsibly.’’ rine who is stationed in my district at Corps will find the moral courage to do Echoing what many of us in Congress Camp Lejeune. the right thing when it comes to not have been saying for years, retired Air Last month, I received a letter from only Jeremy but all other young men Force Colonel Richard Klass said, ‘‘Re- his mother, who is very concerned and women who need their help and deployment of U.S. combat forces about how the Marine Corps is treating guidance.’’ should be coupled with a diplomatic her son. Mr. Speaker, for the second Mr. Speaker, I along with Congress- surge to help stabilize Iraq.’’ time, I would like to read the letter man TOM LATHAM have written the Mr. Speaker, instead of a residual from Jeremy’s mother: Commandant of the Marine Corps force of up to 50,000 troops, this plan ‘‘My son joined the Marine Corps about this marine who is pending In- proposes a workable U.S. redeployment while still in high school. I remember voluntary Administrative Separation schedule that would result in, first, him as a little boy, looking in awe of due to misconduct. Lance Corporal 100,000 total U.S. troops remaining in his grandfather in his Marine Corps Smerud’s fitness report proved that he Iraq by the end of 2009 and 35,000 to uniform and telling me that was what was an outstanding marine prior to his 65,000 support troops remaining in Iraq he was going to be when he grew up. deployments. His medical board report up until 2010 when the President’s 16- ‘‘Growing up, Jeremy was the son states, ‘‘His service in the Marine month timetable would end, if it is ini- every parent could be proud of. He Corps caused his PTSD and indirectly tiated by April 2009, and less than 1,000 never got into any trouble in school. his incidents/legal problems. The Ma- troops remaining by December 2011 He was always there to help with his rine Corps’ failure to treat him in the when the U.S.-Iraqi security agreement younger siblings, held a job after past and treat him appropriately has mandates that all U.S. forces be out of school, and was extremely active in the done nothing but worsen the problem.’’ Iraq. Boy Scouts. He earned his rank of Mr. Speaker, it will be difficult for Not only would this plan redeploy Eagle Scout at the age of 16. Because of this marine to succeed in life if he is troops and military contractors, but it administratively separated from the his Eagle Scout status, he entered the would ensure that the United States Service. He will not be eligible for Marine Corps as a PFC and quickly will not have any permanent bases in TRICARE benefits; he will have dif- rose to the rank of sergeant within his Iraq. Even though the report comes ficulty obtaining a job, and it is un- first 3 years in the Marines. He was an from former military brass, they read- likely that a university will accept him exemplary marine and an exemplary ily acknowledge that there is no mili- as a student. This is a story of one ma- young man. tary solution to the situation in Iraq. rine, but this is not an isolated prob- ‘‘If you review his military records, The report calls for a strong diplo- lem. The culture within all branches of you can plainly see that Jeremy had no matic surge. It goes on to say, ‘‘The Service must change to recognize that problems with behavior or performance United States needs to undertake an PTSD is a real concern that must be prior to his deployment to Iraq and Af- all-fronts diplomatic initiative to en- addressed. gage the nations of the region to help ghanistan. He has had a very difficult Mr. Speaker, as I close, I want to say stabilize Iraq.’’ time readjusting to life after the con- that I have great faith in the Marine The evidence keeps mounting up, Mr. flict. He came home to a ‘Dear John’ Corps and in all of our Services. I ask Speaker, and the extended occupation letter, has had several friends injured the Marine Corps to please look into of Iraq is not in the interest of the and killed, and has seen more destruc- this case and all cases of those who United States, of the international tion than most of us will in a lifetime. have PTSD. They deserve the love, and community or of the Iraqi people. I en- Having no one to turn to for help be- they deserve the treatment of this Na- courage our military and foreign policy cause of the stigma and the fear of los- tion. With that, Mr. Speaker, I ask God leaders to look closely at this report ing his career, he started drinking to to continue to bless our men and and to heed the American people. We self-medicate and to be able to sleep. women in uniform, to bless the families ‘‘Congressman, do you know what it must redeploy all troops and military who have given their loved one in Af- is like to listen to your once strong son contractors from Iraq, and we must do ghanistan and in Iraq—those who have cry like a baby at 3:30 in the morning it as soon as possible. died—and to bless the wounded, and I 3 or 4 times a week because he cannot f ask God to continue to bless America. handle what he has been through? TAKING CARE OF OUR NATION’S Wanting to kill himself because he f VETERANS—LCPL JEREMY doesn’t feel he is worthy to live be- b 1930 SMERUD cause his brothers were shot? Do you The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a know what it’s like to be 1,500 miles previous order of the House, the gen- previous order of the House, the gen- away and not have the ability to help tleman from New York (Mr. TOWNS) is tleman from North Carolina (Mr. him through this, all the while won- recognized for 5 minutes. JONES) is recognized for 5 minutes. dering and asking why the Corps he so (Mr. TOWNS addressed the House. Mr. JONES. Mr. Speaker, our Nation proudly served and willingly has writ- His remarks will appear hereafter in has asked many of its military per- ten him off as worthless and weak and the Extensions of Remarks.) sonnel to serve in Iraq and in Afghani- has offered no help to prevent him from f stan to fight for freedom and for the faltering further? protection of the American people. Un- ‘‘I am so desperately disappointed in THREE CUPS OF TEA fortunately, many of these service- the way the Corps has treated my son. The SPEAKER pro tempore. Under a members are returning home with My son left the Marine Corps 100 per- previous order of the House, the gen- symptoms of post-traumatic stress dis- cent intact. He will be leaving the Ma- tleman from Washington (Mr. order—PTSD—and other mental health rine Corps with two feet that are frac- MCDERMOTT) is recognized for 5 min- challenges. tured, back and knee problems, de- utes.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.093 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3031 MR. McDERMOTT. Mr. Speaker, I slow down and make building relation- Fed and said, ‘‘We want to know where just returned from a codel to Iraq and ships as important as building projects. this money’s been going.’’ And the Fed Afghanistan. There’s a lot to reflect on ‘‘He taught me that I had more to said, ‘‘We’re not going to tell you.’’ after a trip, especially the wisdom in a learn from the people I work with than Now, can you imagine the Senate book entitled ‘‘Three Cups of Tea.’’ It I could ever hope to teach them.’’ Banking Committee or the House relates to our military involvement There are many nations and lan- Banking Committee being stonewalled and misjudgments—first in Iraq and, guages and religions in the world by the Fed saying, ‘‘We’re not going to potentially now, in Afghanistan. today, but there is one thing true in all tell you where we’re spending these Before I go further, let me say that this diversity. Those who do not learn trillions of dollars’’? And Geithner over we cannot do enough to recognize and the lessons of history are doomed to re- at Treasury said he may have to put honor our soldiers and their bravery peat them. another $2 or $3 trillion into the finan- and dedication and love for our coun- After Vietnam, many Americans said cial institutions to keep the economy try. it will never happen again. But it has. moving. For a few brief moments, we got a We were misled into waging a false war Now, you go past that and you say, taste of what they endure every day. in Iraq, and now we are beginning to What about taxes on the American peo- Every member of the codel was transfer soldiers from Iraq to Afghani- ple: $1.6 trillion increase in the budget, equipped with body armor and helmets, stan. When will we learn? and the 2001–2003 tax cuts that we’ve and you quickly realize the dangers Russia once and Britain twice be- put in place are going to expire. When and stresses our soldiers endure every lieved that the tread of their tanks and those tax cuts expire, that, in essence, day. We owe them our gratitude, our the velocity of their shells could flat- is a tax increase. And this is no time support when they return, and the conten the mountains of history in Af- for a tax increase. fidence in knowing that our govern- ghanistan and pave the way for outside And the death tax, which we were ment will only place them in harm’s control. But the mountains are still trying to do away with so we could way as a last resort. We failed that re- standing and history has recorded new pass businesses onto the next genera- sponsibility in Iraq, and many are ask- chapters which recount and reflect on tion without a huge tax liability that ing whether we may fail again in Af- the folly of nations that believe mili- would run them out of business, they’re ghanistan. We are the most powerful tary power is all powerful. History tells going to do away with the death tax Nation on Earth, but our bullets and us otherwise. The Iraq war was a mis- cut. bombs cannot penetrate the corridors take, and I fear we may be heading for Now, in addition to that, we have of history. And the book ‘‘Three Cups another quagmire in Afghanistan. what’s called a carbon tax or an energy of Tea’’ provides a powerful reminder ‘‘Three Cups of Tea’’ is now required tax. That’s going to be $646 billion in that we must silence the guns if we are reading for everyone in the CIA. It new taxes that’s going to be passed on to hear the voices of truth coming from should be required reading for every to the consumer every time they turn history. Member of Congress. on their lights or buy a gallon of gas or Greg Mortenson, who wrote the book, We need to listen to the mountains. use a lump of coal. was in Afghanistan and Pakistan on f Now, they’re going to reduce the the border. And he there met an Elder mortgage deduction. If you’ve got a SPENDING IS OUT OF CONTROL who said, ‘‘These mountains have been house and you’ve been deducting the here a long time and so have we. You The SPEAKER pro tempore. Under a mortgage interest on it, they’re going can’t tell the mountains what to do. previous order of the House, the gen- to reduce. The administration and the You must listen to them. So now I’m tleman from Indiana (Mr. BURTON) is Democrats in this body are going to re- asking you to listen to me. By the recognized for 5 minutes. duce or try to reduce the amount of tax mercy of Almighty Allah, you have Mr. BURTON of Indiana. Mr. Speak- deductibility on your mortgage inter- done much for our people, and we ap- er, things are happening so fast in this est. And I’m sure that’s going to be a preciate it. But now you must do one body and the other body and down on reason to buy new houses when you do more thing for me.’’ 1600 Pennsylvania Avenue at the White away with one of the incentives for Mortenson said, ‘‘Anything.’’ House, I don’t see how Members of Con- people by doing away with part of their He said, ‘‘Sit down. And shut your gress—let alone the American people— mortgage deduction interest on inter- mouth. You’re making everyone can keep up with it. est. crazy.’’ Let us just take a quick look at what And then for charitable institu- Then he began to make tea. When the happened in the last 7, 8, 9 weeks. We tions—and this is happening so fast, porcelain bowls of hot butter tea were got the second tranche of the TARP you can’t keep up with it. Charitable in our hands, Mortenson said the Elder bill. That TARP spending was $700 bil- institutions—your church, the Salva- spoke and said, ‘‘If you want to thrive lion. People can’t get their arms tion Army, the Boy Scouts of America, in Baltistan, you must respect our around what $700 billion is, but $700 bil- all of those whom you support and give ways. The first time you share tea with lion to save our economy. money to—they want to reduce the tax a Balti, you are a stranger. The second And then the automobile industry deductibility for those contributions. time you take tea, you are an honored had problems. And so we had an auto Every charitable institution in this guest. The third time you share a cup bailout, first tranche, of $14 billion. country ought to be marching on this of tea, you become family, and for our And then we had to have an economic Capitol saying, ‘‘Hey. Enough. We need family, we are prepared to do anything, stimulus package because the economy those tax deductions so we can encour- even die. wasn’t responding as we wanted it to. age people to help us so the burden of ‘‘Doctor Greg, you must make time So we passed an economic stimulus helping people in this country doesn’t to share three cups of tea. We may be that was $787 billion more; and with in- fall completely on the Federal Govern- uneducated. But we are not stupid. We terest, that was well over a trillion dol- ment.’’ have lived and survived here for a long lars. But sometimes I wonder if this White time.’’ And we have an omnibus spending House and this administration and the ‘‘That day, the Elder taught me,’’ bill that’s pending in the Senate right Democrats don’t want the government says Mortenson, ‘‘the most important now tonight for $410 billion. And the to take over everything in a socialistic lesson I’ve ever learned in my life. We President has a budget he’s proposing approach to government. Americans think you have to accom- to the Congress for $3.9 trillion, and Now, the 2010 budget would increase plish everything quickly. We’re the $635 billion of that is the first down the national debt by $12.3 trillion over country of the thirty-minute power payment on a national health care of a the next 10 years, $12.3 trillion more. lunch and the two-minute football socialized medicine approach for help- And that is more of the debt that’s drills. Our leaders thought their ‘shock ing us with our health care problems in been accumulated since the beginning and awe’ campaign would end the war this country. of the Republic in 1789 until today. in Iraq before it even started. The elder Now, yesterday, Senator DODD and That’s how fast we’re spending this taught me to share three cups of tea to Senator SHELBY were talking to the money.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.096 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3032 CONGRESSIONAL RECORD — HOUSE March 5, 2009 And in 2007, when my colleagues on press my heartfelt condolence to you overconcentration, and seek instead to the other side of the aisle took control for the loss of your son and my deepest bring the engines of government, of of the Congress, CBO said we would gratitude for his sacrifice to our coun- technology, of the economy, fully have an $800 billion surplus in 10 years; try. under the control of our citizens, to re- and after 2 years of their leadership, in- Thank you. capture and reinforce the values of a stead of an $800 billion surplus in the f more human time and place. next 10 years, we’re going to have a $7.8 The SPEAKER pro tempore. Under a ‘‘It is not more bigness that should trillion deficit. Now, they’ll try to previous order of the House, the gen- be our goal. We must attempt, rather, blame that all on the White House, but tleman from Virginia (Mr. WOLF) is to bring people back to the warmth of they were in charge of the spending be- recognized for 5 minutes. community, to the worth of individual cause they had control of both Houses (Mr. WOLF addressed the House. His effort and responsibility, and of indi- of Congress. remarks will appear hereafter in the viduals working together as a commu- Now, there was an article written Extensions of Remarks.) nity to better their lives and their chil- just yesterday saying the money sup- f dren’s future. It is the lesson that government can follow the leadership of ply in this country has been increased INHUMANE ECONOMY by three times almost, 271 percent. private citizens; that men who are citi- What does that mean? That means we The SPEAKER pro tempore. Under a zens in the full sense of the word need have almost three times as much previous order of the House, the gen- not belong to the government in order tleman from Michigan (Mr. MCCOTTER) money in circulation. It’s being to benefit their community. And it is is recognized for 5 minutes. hoarded by a lot of people because the lesson that if this country is to Mr. MCCOTTER. Mr. Speaker, we live move ahead, it will not be by making they’re scared to death. But when that amid an inhumane economy. We need money gets into circulation, we’re everything bigger, not by piling all our to look no further for proof than the people further on top of one another in going to have very high inflation. unemployment figures released today You’re going to see the cost of bread huge cities, not by reducing the citizen from my home State of Michigan, an to the role of passive consumer and re- and milk and gas and everything go unemployment number that has through the roof. cipient of the official vision, the offi- climbed to 11.6 percent and has seen cial product.’’ These were the words Well, Mr. Speaker, there is so much tens of thousands of my friends and more to tell and so little time. I will be spoken on September 17, 1966 of the neighbors lose their jobs. junior Senator from New York, Robert back, and I hope the American people As people know, Michigan is an auto- are paying attention, Mr. Speaker. Francis Kennedy. motive and manufacturing State. We Today, as we seek a better world and f get sicker quicker, and we heal more a more humane economy, we should re- The SPEAKER pro tempore. Under a slowly in difficult times. But I encour- member his words. For after trillions previous order of the House, the gen- age them to make no mistake, what of dollars in potential government ex- tleman from Oregon (Mr. DEFAZIO) is happens in Michigan will happen in the penditures, the amassing and con- recognized for 5 minutes. rest of America. And we cannot let centration of power in Washington, we that continue. (Mr. DEFAZIO addressed the House. can see that we are no better off, as the One of the things that has caused the His remarks will appear hereafter in unemployment figures in Michigan current crisis we are in is a theory. the Extensions of Remarks.) portend. What we really have to do is Many of us have heard it. Namely, it is realize that as the dot-com bubble was f the theory that some institutions are too big to fail. And yet, after the loss replaced by the housing bubble, we HONORING THE LIFE OF STAFF must not attempt to replace the hous- SERGEANT DANIEL TALLOUZI of millions of jobs and the expenditure of hundreds of billions of taxpayer dol- ing bubble with a government bubble. The SPEAKER pro tempore. Under a lars, we find out that these institutions For when that bubble bursts, what will previous order of the House, the gen- were, in fact, not too big to fail; they be left? tleman from New Mexico (Mr. were too big to succeed. What we need to do is seek a way to HEINRICH) is recognized for 5 minutes. Over the decades, this problem has free the entrepreneurial spirit of the Mr. HEINRICH. Mr. Speaker, today I arisen, and yet, if we look back over American people, to allow them, with rise to honor the life of Staff Sergeant those same decades, there were voices their own hands and genius, to rebuild Daniel Tallouzi of New Mexico’s First of reason warning us that we should their lives, to rebuild and restore Congressional District. seek a more humane economy. And I order, opportunity, and prosperity to Staff Sergeant Tallouzi was a vibrant quote one of those individuals: our chaotic economy, and to preserve young Son of Albuquerque and a grad- ‘‘Even as the drive toward bigness the cherished America we all call uate of Valley High School. He loved to (and) concentration . . . has reached home. We will. make his family laugh and followed in heights never before dreamt of in the f the honorable footsteps of his three un- past, we have come suddenly to realize The SPEAKER pro tempore. Under a cles and older brother, Christopher, to how heavy a price we have paid: in previous order of the House, the gentle- serve in the United States military. overcrowding and pollution of the at- woman from Ohio (Ms. KAPTUR) is rec- Daniel Tallouzi served in the rank of mosphere, and impersonality; in ognized for 5 minutes. staff sergeant at the young age of 22 growth of organizations, particularly (Ms. KAPTUR addressed the House. until his post at Camp Taji in Baghdad government, so large and powerful that Her remarks will appear hereafter in was hit by a mortar explosion in Sep- individual effort and importance seem the Extensions of Remarks.) tember of 2006. Staff Sergeant Tallouzi lost; and in loss of the values of nature f suffered a traumatic brain injury as a and community and local diversity The SPEAKER pro tempore. Under a result of that attack, and sadly, he suc- that found their nurture in the smaller previous order of the House, the gen- cumbed to that injury this past Satur- towns and rural areas of America. And tleman from North Carolina (Mr. we can see . . . that the price has been day. My heart goes out to Staff Ser- MCHENRY) is recognized for 5 minutes. too high. Bigness, loss of community, geant Tallouzi’s mother Mary, a single (Mr. MCHENRY addressed the House. organizations and society grown far parent who left her job to spend every His remarks will appear hereafter in past the human scale—these are the be- waking minute at her son’s side during the Extensions of Remarks.) setting sins which threaten to paralyze his rehabilitation. our very capacity to act, or our ability f Staff Sergeant Tallouzi’s death is a to preserve the traditions and values of The SPEAKER pro tempore. Under a tragic reminder that we must do all we our past in a time of swirling, constant previous order of the House, the gen- can to provide our veterans returning change. tleman from Texas (Mr. PAUL) is recog- from combat with the very best treat- nized for 5 minutes. ment, counseling and care. b 1945 (Mr. PAUL addressed the House. His Ms. Tallouzi, on behalf of the people ‘‘Therefore, the time has come when remarks will appear hereafter in the of Daniel’s congressional district, I ex- we must actively fight bigness and Extensions of Remarks.)

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.097 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3033 The SPEAKER pro tempore. Under a bunch of numbers on a page. But, you our budget without looking at defense previous order of the House, the gen- know, this budget and every budget is spending. And whether we’re looking at tleman from Georgia (Mr. BROUN) is so much more than that. While you 3 years or 5 years or 10 years out, this recognized for 5 minutes. will hear a bunch of numbers being is going to be a critical component of (Mr. BROUN of Georgia addressed the thrown around here for the next hour, the return to fiscal responsibility. I House. His remarks will appear here- the important thing that must be re- look forward to being a voice for that after in the Extensions of Remarks.) membered is that all of these figures within the Progressive Caucus. f represent what we believe. They rep- Mr. ELLISON. Well, Congressman resent what we, as a Nation, have as POLIS, you are a very welcomed voice. PROGRESSIVE CAUCUS our priorities, what that says to every We agree wholeheartedly. The SPEAKER pro tempore. Under citizen of this country and every na- You know, the American people may the Speaker’s announced policy of Jan- tion around the world. be under the mistaken impression that uary 6, 2009, the gentleman from Min- The funding decisions that are in- the more money you spend on defense, nesota (Mr. ELLISON) is recognized for cluded in the budget are the choices the more secure you’re going to be. 60 minutes as the designee of the ma- that every Member of Congress must Well, tonight we’re going to talk about jority leader. make on what our priorities as a coun- how that isn’t true. Mr. ELLISON. Here we are for yet try should be for the next—not 1 year, What I want to do is start out by another Progressive Caucus, progres- but 10 years. These are choices that af- quoting our President, Barack Obama, sive message coming to the American fect the lives of every single American. in his first address to Congress last people to articulate a progressive vi- It is choices like whether or not we en- Tuesday. He said, ‘‘We will eliminate sion for the society that we live in. sure that everyone will receive ade- the no-bid contracts that have wasted I’m so happy to be talking about the quate health care, or whether or not we billions in Iraq and reform our defense progressive message today. And I’m build yet another weapons system that budget so that we’re not paying for Cold War era weapons systems we don’t going to be joined by our chairwoman, we don’t need. And these choices speak use. At the risk of repetition let me who is none other than Congresswoman as loudly as anything on who we are as just say, ‘‘We will eliminate the no-bid LYNN WOOLSEY, and I look forward to a Nation. That’s why it’s so important contracts that we have wasted billions having a very robust dialogue today. to talk about this and to understand in Iraq and reform our defense budget Well, it’s budget time, time to dis- what the numbers in the budget mean so that we are not paying for Cold War- cuss the budget. And what better time for our constituents, and to let them than budget time to talk about how era weapons systems we don’t use.’’ know that all this isn’t set in stone, When I quote that statement of our we’re going to reshape our budget in a but that there are real choices to be progressive and effective way that will President, Congresswoman WOOLSEY, made. what sort of thoughts come to mind for reflect the needs and wants of the For the past 2 years, and again this American people. Budget time, where you? year, the Progressive Caucus will be of- Ms. WOOLSEY. Well, the first we look at things, where we set our pri- fering a full budget alternative, an al- thought that comes to my mind is, the orities, and where we really examine ternative that will bring defense spend- Cold War is over, it’s been over for a where we’re going. ing under control, that will balance our long time, and why are we still invest- Tonight we’re going to focus on a tax code to ensure that everyone is ing in weapons systems and equipment particular part of the budget. We’re paying their fair share, and invests in to fight the second generation of Rus- going to talk about the defense budget renewable energy, in education, trans- sian weapons that aren’t even being and the need for reform, to review what portation, housing, veterans benefits, produced in Russia? Why are we doing we’ve been spending our money on, to and health care for all. that? What is it costing us? And what make sure that while we absolutely These are our priorities; they’re pri- can we do with that money instead of protect the American people, that we orities that we, as progressives, have wasting it? do not spend so much money that the laid out. And I look forward to dis- Mr. ELLISON. Well, Congresswoman American people really can’t afford it, cussing all this with my progressive WOOLSEY, you know every dollar spent and that we try to get that peace divi- colleague, Mr. ELLISON, and others who is a dollar earned by somebody. And I dend that after the fall of the Soviet are here tonight imagine that these weapons systems Union we all thought we would be real- Mr. ELLISON. All right. Well, it’s may be quite a pretty penny for some izing. This is what we’re going to talk good to be here again. Thanks for get- people. about tonight with the progressive ting us started. Congressman POLIS, when I read that message, which we come to you with Let me invite Congressman POLIS quote from our President—you were every single week. from the great State of—— here last Tuesday night—what sort of The progressive message tonight: The Mr. POLIS. Colorado. thoughts come to you right away? budget. Tonight: The defense appro- Mr. ELLISON. Colorado. Congress- Mr. POLIS. Well, you know, there priation and how this particular end of man POLIS, forgive my lack of sharp- comes a point when more spending the budget needs to be cut so that we, ness on that point. But you’re a wel- equals less security. And you need to as Americans, can have the money we comed friend tonight, and we want to look at the whole picture, including need to not only keep America safe, thank you. the diplomatic picture with regard to but also to keep America in the black Would you like to make some open- foreign aid, with regard to helping de- and not in the red. Very important dia- ing comments as we begin to talk veloping nations, with regard to pro- logue tonight. about the progressive message, the promoting peace in the Middle East and Let me invite our chairwoman, LYNN gressive budget, and we’re going to be elsewhere. WOOLSEY, to have some open remarks. focusing on responsible defense spend- Mr. ELLISON. Well, I think that’s I yield to the gentlelady from the great ing tonight? dead on the mark. State of California. Mr. POLIS. Yes, I do. Thank you so I want to say that, just yesterday, Ms. WOOLSEY. Mr. Speaker, as co- much to my colleague from Minnesota. President Obama began by making Chair of the Congressional Progressive I’m a new member of the Progressive good on his promise by signing the Caucus, it is my honor to be here again Caucus. Presidential memorandum that will re- tonight with Congressman ELLISON and Mr. ELLISON. And we’re honored to form government by contracting. What other members of the Progressive Cau- have you. this memorandum talks about is cus who will come down to talk about Mr. POLIS. I am pleased to inform strengthening oversight and manage- the Federal budget and our progressive my colleagues that we have joined as of ment of taxpayer dollars, ending un- priorities. yesterday. And I’m particularly necessary no-bid, cost-plus contracts, When we talk about the budget, it’s thrilled that we’re willing to look at and maximizing the use of competitive easy for people to have their eyes just defense spending as part of the overall procurement processes and clarifying glaze over because they automatically picture. It’s hard to have a real route the rules prescribing when outsourcing think we’re going to be talking about a to fiscal responsibility and balancing is and is not appropriate.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.106 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3034 CONGRESSIONAL RECORD — HOUSE March 5, 2009 The Office of Management and Budg- into Georgia? Well, if you go on a pre- the misexpenditure of money in the et will be tasked with giving guidance text to go into Iraq and attack Iraq, Second World War, and that’s what to every agency on making sure con- the Russians say, look, we went into a ought to be going on now. tracts serve taxpayers, not contrac- next-door neighbor that asked for our We are simply bloating the budget tors. It’s important to focus on who help. You went 9,000 miles to a place around issues that do not make us really matters here; this is taxpayer that wasn’t asking for it. more secure and make us, actually, more enemies in the world. For that and American citizens, not contrac- b 2000 tors. That’s the focus that we need to reason I think your examination, the have. So I’m very happy to see the So the military use of our power, in Progressive Caucus examination of the President taking the focus and really my view, has been greatly exaggerated budget is extremely important. drilling down on getting the most for in its real importance. What we need I think that this is an issue, obvi- the American taxpayer. today is soft power. ously, people, as you point out, have I think we’ve also been joined by the I was just in Iraq, and I think that jobs. People make a living making war gentleman from the State of Wash- President Obama, one of the things machinery. But there have to be other ington who has been pitching hard for that will be his toughest jobs is to get things they can make, maybe things so long, speaking so eloquently for so back control of reconstruction from related to green energy, or there’s a lot long about issues of peace, issues of se- the military. We fill the military budg- of other places that the workers in this curity, and important issues on the et with all this money and expect them country, with all their creativity, welfare of the American people. I am to go out and build sewer systems and could be put to work rather than sim- speaking of none other than JIM water systems and all these other ply building more and more arms to MCDERMOTT of the State of Wash- things. sell around the world and for us to use ington. That’s not what the military’s job is. in various situations. I would yield to the gentleman for That should be the job of USAID and We are talking about leaving Iraq. any comments you might make on this the State Department, and it shouldn’t But one of the soldiers said to me, if we important topic tonight. be done by soldiers. are getting ready to leave Iraq, why Mr. MCDERMOTT. Well, I have to Now, as long as we inflate the mili- are we still building buildings like that commend you for coming out here and tary budget and don’t put the money one over there, what are we building talking about the defense budget. over into the areas where it’s really for? There’s a lot of talk in Congress needed, we are not going to change the It is a really good question. I mean, about entitlements. When we talk political climate in these countries. if you listen to the soldiers, they can about entitlements, people think, oh, Whether you are talking about Iraq or see that lots of money is being spent you mean Medicare and you mean wel- whether you are talking about Afghan- wastefully. There is a tower, a control fare and you mean Social Security and istan or a lot of places, you can talk tower for an airport in Iraq. We spent all these things, but there is, in fact, a about Pakistan, what we do is we give $14 billion building a control tower for defense entitlement in this country. them a lot of money from the military a field where there are two helicopters, It’s as though the Defense Department budget to buy military equipment from two helicopters. Now, you ask yourself, what was that is entitled to get more and more money the United States. tower built for and why was it built every year. And anything anybody can And, in my view, in the long run, we are not safer. The question is, are we there? And these kinds of questions think up for a new defense system, we aren’t being asked, and I think that’s wind it up, whether it makes any sense developing a system that makes us secure? And just having tanks every- why it’s important that the budget or not. that the Progressive Caucus is putting Now, if you look at the wars that where and Humvees and all this kind of out is really raising a whole series of we’ve been involved in or the military stuff does not make us safer. issues, and I think that the members of actions that we’ve been involved in, What should be done with our money the caucus, of the larger Democratic is to look at what’s happening to these they have not been standard wars Caucus, should think long and hard countries who are economically being where tanks are facing tanks or ma- about how much money is put into the destroyed by this world economic situ- chine guns; it has been mostly counter- military budget. insurgency, guerrilla-type events. And ation and dealing with helping them At a time when we need things all we continue to spend huge amounts of reconstruct their country. Now, the across this country in terms of health money on a variety of weapons that irony of being in Iraq this weekend was and infrastructure and education, all simply don’t deal with what the coun- realizing that we were rebuilding these issues are going to be sacrificed try is facing today. And I think that things that we bombed and destroyed. to the defense entitlement. And Mem- the most egregious example of this was The question comes to your mind, well, bers have to ask themselves are we when the last administration decided what did we get out of that except a lot going to continue to feed the military that Iran was a problem; therefore, we of destruction and a lot of ways to monster or are we going to take some have to have a missile defense system spend money in this country? of it away and deal with the domestic in Europe against Iran. So we went to The Inspector General was out there problems of Americans today. So I the Czech Government, we leaned on on the trip with us, and here we have thank you for the opportunity to talk them. They said, okay, you can have a military colonels, you have got a colo- about it, and I think the American peo- tracking station here. And we went to nel that was just sentenced to 9 years ple should be listening and thinking the Poles and said, we’re going to put in a Federal penitentiary for taking a about what makes sense, what makes missiles right on the border with Rus- $7 million bribe in Iraq. Another colo- us safer? sia. nel and his wife and his sister-in-law I served in the military, so I am not Now, first of all, they’ve made Iran were taking bribes and running them against war. I am not some kind of a into a boogyman. And they began to through their church, trying to hide crazy peacenik that thinks you never create a defense, and suddenly we’re them by washing them through the go to war. selling and we’re putting all this stuff church that they belonged to. I served during the Vietnam era. I out there, and lo and behold, the Rus- This is what is needed in oversight took care of casualties, so I know there sians don’t like it. Now, is that any and a clear plan for what we are trying is no glory in war, and I know what surprise? If you were a sovereign coun- to do with our money. We have thrown happens to those casualties when they try and somebody came and put mis- money away endlessly. Talk about come back to the United States. We are siles right on your border, how can you waste, fraud and abuse, the military, in creating, by this war, a lot of costs in possibly think that that wouldn’t be my view, is as ripe for an investigation the future that no one is willing really responded to by the Russians? as any part of government. Before we to talk about. They said today in the The next thing we know, they go into expand the budget, we ought to look at newspaper that there may be as many Georgia. And everybody’s all up in and have investigations, as Harry Tru- as 300,000 brain injuries from this war. arms and saying, oh, my goodness, my man did, after the Second World War. And you think about what that’s goodness, what are they doing going He made his reputation on looking at going to mean as we try to deal with

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.108 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3035 those veterans over the next 30 or 40 marine and this destroyer, if we were That’s what I ask you, we don’t need to years. These kids are 20, 30 years old. to deal in a very sensible way with of- do that. They are going to live to 70, so we are fensive space weapons. What do we And if you want to put this in per- looking at least to 40 years, and that is need to be fighting in space for? I have spective, every single person spent, a cost that’s built into this kind of be- no idea. when we add up our Pentagon budget, havior. To reduce our nuclear arsenal which, that’s 40 percent of the taxes that I think it really has to be carefully you know, under the nuclear non- every single person pays, 40 percent of examined, and I think that Barack proliferation treaty, countries that their taxes go to the Pentagon. Why, I Obama is correct in bringing as many don’t have nuclear weapons shouldn’t ask you? It does not make it safer and, of those troops home. I think he should get them, but countries that do have in the end, you are less safe. bring them all home, but he is talking them should be reducing them. This So what kinds of weapons are we cut- about bringing 100,000 home and leav- could be a significant savings. Then ting? You have got your chart up there, ing 50,000 over there. I don’t know what waste procurement and business oper- we are saving $15 billion a year by re- for. Is that just kind of for them to sit ations, a 7 percent reduction. ducing the number of nuclear warheads around and if something happens some- We could save $60 billion. How many that we have in our arsenal. We are where they will go jump out and do college educations is that? How many going from 10,000 to a thousand. We something? teachers, how many cops? Could we af- don’t think we need 10,000 warheads. They said they are going to be for ford a universal single pair health care We need 1,000 to keep us safe, even with training police and training the Army, system? the rest of the world. Over time, we 50,000 advisers? It doesn’t make sense. Ms. WOOLSEY. Yes. should be working to have a non- So thank you for raising this issue. I Mr. ELLISON. Could we afford the nuclear world because it’s nuclear think it’s important that you take an things that will make our country weapons that can actually do all of hu- hour tonight and talk about it. ready for this new age, this green econ- manity in, and shame on us for not Mr. ELLISON. Well, I just want to omy. knowing enough to stop that. say that I think it’s critical that we Let me ask you, Congresswoman So we also, in this budget, get rid of discuss this issue. I believe that a WOOLSEY, what are your views on this the F–22 Raptor. We save $4 billion be- budget is a statement of values. And if subject? cause this fighter jet was designed to we value human life, and if we value Ms. WOOLSEY. Well, I have some. fight, as I said, the next generation of peace, then we should have that re- Mr. ELLISON. I had a feeling you Soviet planes, which were never even flected in our budget. That’s why to- did. built. night we are talking about taking a Ms. WOOLSEY. Probably because I It makes sense to build a plane that look at the defense budget. am a peacenik, I just am, have been, I fights ghosts? I ask you, no, it doesn’t. I just want to tell you, draw your at- think I was born that way. There is the Virginia Class Sub- tention to this chart up here, Mr. But, you know, before we talk about marine that, like the F–22, was built to Speaker, Cold War-era weapons sys- the savings, I think we should, first of fight the Soviets. It’s more expensive tems. Things that were mentioned, the all, know that this is the third Pro- than the submarines we currently anti-ballistic missile system, this is a gressive Caucus alternative budget in have, and it doesn’t have any new ca- pretty big-ticket item. If you could the last three budget cycles that we pacity or capability. So there is so much about this that look at what we could save by cutting have introduced, and all of our budgets makes no sense. the Bush’s fiscal year 2008 request, and have been around what our President then there is a task force that proposed said in his speech, reforming our de- b 2015 a reduction, these would not result in fense budget so that we are not paying And the other thing that we have to any reductions in safety and security for Cold War-era weapons systems that know is an investment in defense for the American people, and this chart we don’t use. You said that, I am going spending on weapons does not nearly was generated by the task force on the to emphasize that. enough for our economy. If you want to united security budget. Now we are working with Congress- invest in the economy, invest in jobs I just want to talk about it a little man BARNEY FRANK. This budget is and infrastructure and education. bit. Let me frame it this way. going to be wrapped around cutting 25 Mr. ELLISON. Early childhood, Mr. MCDERMOTT. If I could ask a percent of the defense budget so that health care. question? our colleagues will have an option. Ms. WOOLSEY. Right. Health care. Mr. ELLISON. Yes, sir. They will have an alternative. They Invest in what gives back to the people Mr. MCDERMOTT. I can’t quite read will be able to vote their conscience if of this country. that bottom figure. Is that $60 billion? they want to cut the defense budget. I Mr. ELLISON. Mr. MCDERMOTT, a Mr. ELLISON. That’s $60 billion, am not saying they won’t vote for the great American whose birthday we cel- with a ‘‘B.’’ base budget, but they will have a ebrate every January 15, actually on Ms. WOOLSEY. Over 10 years. chance to vote for a budget that cuts April 4, 1967, said these words: ‘‘A Na- Mr. ELLISON. Yes, and that’s quite a defense and invests in our national pri- tion that continues year after year to pretty pity, quite a bit of money there. orities. spend more money on military defense As a matter of fact, let me just say But here is why we know we can do than on programs of social uplift is ap- that Congressman FRANK, like your- this. The United States doesn’t just proaching spiritual death.’’ Those self, Congresswoman WOOLSEY and lead the world in defense spending, we words were spoken by Martin Luther many others, Congresswoman LEE, almost outspend the rest of the entire King. have been working with the Center for world combined. What do you think about that quote? American Progress and have adopted Mr. ELLISON. Wait a minute, do you Mr. MCDERMOTT. Well, I think it’s one of their proposals for reducing de- mean to tell me that if you take every obvious that one of the things that fense spending. That proposal, coupled country in the world from Palau to President Obama faces is the fact that with ending the war in Iraq, will be at Brazil, Russia to Israel, from Argen- this country has used its military the center of this plan to reduce mili- tina to Brunei, you add them all up, might all over the world for the last 7 tary spending. you mean we still spend more? years and lost its moral authority by First, a timely withdrawal from Iraq Ms. WOOLSEY. That’s right, and a issues like Guantanamo and Abu could create $105 billion of savings in 1 full 43 percent of the world defense Ghraib and a variety of other things. year if the recommendation for the spending comes from the United States And it is clear, and it was Hubert Hum- Center for American Progress report, alone. When we add NATO allies into phrey, from your home State and actu- ‘‘Building a Military for the 21st Cen- it, it’s over 50 percent. ally was mayor of your city, who said tury,’’ is followed. That’s where this So our annual defense budget dwarfs that a country will be judged by how it chart actually comes from. that of all our biggest rivals, and we deals with those in the twilight of life If we were to take these proposals spend four times as much as China and and those at the dawn of life, the chil- and reduce the Virginia Class Sub- eight times as much as Russia. Why? dren and the old people.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.109 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3036 CONGRESSIONAL RECORD — HOUSE March 5, 2009 Mr. ELLISON. In the shadows of life. people. They’re not looking to attack going in the wrong direction. And we Mr. MCDERMOTT. Right. You know us. But yet we continue to build weap- have a chance now to turn it around. the quote. ons systems. We have a new President who does be- Mr. ELLISON. Yes, I do. In fact, I think in some cases the lieve in diplomacy. We have a majority Mr. MCDERMOTT. A guy from Min- military industrial complex was sad in the House and the Senate and we nesota should know it. when the Berlin Wall fell because they have our President in the White House, Mr. ELLISON. Absolutely. had nothing to justify this stuff. And and now it is time for us to stand up Mr. MCDERMOTT. But the fact is they’ve been scrambling around to jus- and put together plans that will meet that that is the essence of what the tify it ever since, trying to find some- Martin Luther King’s promise to us, government is about. The Constitution body to be afraid of. When, in fact, and that’s that we would have a world and the Declaration of Independence what we ought to be doing is building a of peace as the world we want to live are basic documents that say it is our peaceful world and dealing with our in. responsibility to protect the life and own problems at home and the prob- [From the Nation, Mar. 2, 2009] liberty of the American people and lems of AIDS and hunger and disease CUT THE MILITARY BUDGET—II allow them to develop themselves to around the rest of the world. If we (By Barney Frank) the fullest extent possible. And there is would spend our money on those a point at which when we don’t educate I am a great believer in freedom of expres- things, we would have much more sion and am proud of those times when I our children and when we don’t take peace than we will have building these have been one of a few members of Congress care of their health care, when we’re weapons that are on the chart next to to oppose censorship. I still hold close to an the only industrialized country on the you. There’s no security in that kind of absolutist position, but I have been tempted face of the Earth that doesn’t have uni- continued—— recently to make an exception, not by ban- versal access to health care, you have Ms. WOOLSEY. Will the gentleman ning speech but by requiring it. I would be to ask yourself how many guns do we yield? very happy if there was some way to make it need? How many bombers? I mean I Mr. ELLISON. I was going to ask you a misdemeanor for people to talk about re- would like to take a few of those off ducing the budget deficit without including a to react to the quote, if you would, recommendation that we substantially cut there and use them as financing for ex- ma’am. Would you react to the Martin military spending. tending the health care system to ev- Luther King quote, or should I read it Sadly, self-described centrist and even lib- erybody in this country. It wouldn’t again? eral organizations often talk about the need take very much out of this budget. But Ms. WOOLSEY. Read it again. That to curtail deficits by cutting Social Secu- it would, in fact, make us a safer coun- would be beautiful. rity, Medicare, Medicaid and other programs try and make us a morally responsible Mr. ELLISON. ‘‘A Nation that con- that have a benign social purpose, but they government to deal with the problems tinues year after year to spend more fail to talk about one area where substantial of our people. budget reductions would have the doubly money on military defense than on pro- beneficial effect of cutting the deficit and di- For us not to do that, for us not to do grams of social uplift is approaching minishing expenditures that often do more in energy what needs to be done, in the spiritual death.’’ harm than good. Obviously people should be long run it doesn’t make any difference How do you react to that? And then concerned about the $700 billion Congress how many nuclear weapons we have. If add on what other thoughts you may voted for this past fall to deal with the cred- global warming causes the oceans to have. it crisis. But even if none of that money were rise and all these other things begin to Ms. WOOLSEY. Well, I believe it with to be paid back—and most of it will be—it happen, nuclear weapons aren’t any all my heart. That’s why I have intro- would involve a smaller drain on taxpayer good to shoot at polar bears or at what- duced every year for the last 5 years dollars than the Iraq War will have cost us by the time it is concluded, and it is roughly ever. I don’t know. We’ll have this SMART Security, which has war as the equivalent to the $651 billion we will spend stockpile of weapons, and some day very last option when countries aren’t on all defense in this fiscal year. people will come along a thousand getting along, if we even need that op- When I am challenged by people—not all of years from now and say, I wonder what tion, and it cuts military spending and them conservative—who tell me that they they were planning to do with all those invests in soft power and in diplomacy agree, for example, that we should enact weapons? They built them and they sat and international relations. comprehensive universal healthcare but here and rotted. And that’s really I want to read something out of an wonder how to pay for it, my answer is that what’s happening. article that Barney Frank has in The I do not know immediately where to get the I really think that making a sensible funding but I know whom I should ask. I was Nation. in Congress on September 10, 2001, and I and reasonable defense system is im- Mr. ELLISON. Please do. know there was no money in the budget at portant. But we have gone way over Ms. WOOLSEY. The March 2 edition that time for a war in Iraq. So my answer is the top, as has been suggested by some of The Nation. And I would like to that I will go to the people who found the of these weapons systems that people enter this article into the RECORD. It’s money for that war and ask them if they were imagining something. I mean this a great article, and it supports his and could find some for healthcare. whole business of Star Wars, it started our 25 percent cut in defense spending It is particularly inexplicable that so many with Reagan. I mean he said, well, you in our budget. And he says, in the mid- self-styled moderates ignore the extraor- know, suppose they get up there in the dinary increase in military spending. After dle of this article, ‘‘Spending on mili- all, George W. Bush himself has acknowl- sky and they start shooting rockets tary hardware does produce some jobs, edged its importance. As the December 20 down on us. We’ve got to have this mis- but it is one of the most inefficient Wall Street Journal notes, ‘‘The president sile defense. And we are spending ways to deploy public funds to stimu- remains adamant his budget troubles were money even today on that stuff, and it late the economy.’’ the result of a ramp-up in defense spending.’’ makes no sense whatsoever. Then he went on to talk about when Bush then ends this rare burst of intellectual If you look around the world and ask he was talking with Alan Greenspan. honesty by blaming all this ‘‘ramp-up’’ on yourself are we really threatened by He said, ‘‘When I asked’’ Alan Green- the need to fight the war in Iraq. the Iranians? Are we really threatened span ‘‘what he thought about military Current plans call for us not only to spend hundreds of billions more in Iraq but to con- by the Pakistanis? Are we really spending as stimulus, to his credit, he tinue to spend even more over the next few threatened by the Chinese? The Chi- said that from an economic standpoint years producing new weapons that might nese have got so many problems of military spending was like insurance: have been useful against the Soviet Union. their own. But we continue to build If necessary to meet its primary need, Many of these weapons are technological weapons as though they were sitting it had to be done, but it was not good marvels, but they have a central flaw: no over there just about to launch off into for the economy, and to the extent conceivable enemy. It ought to be a require- attacking us, and it could be nothing that it could be reduced, the economy ment in spending all this money for a weap- further from the truth. Chinese fami- would benefit.’’ on that there be some need for it. In some cases we are developing weapons—in part be- lies want food and housing and an edu- There is no question. President Ei- cause of nothing more than momentum— cation for their kids and a health care senhower, before he left office, said be- that lack not only a current military need system and a government that makes ware of the military industrial com- but even a plausible use in any foreseeable peace and makes a decent life for the plex, Americans, because it’s got us future.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.111 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3037 It is possible to debate how strong America nuclear weapon and put it on a shelf put military things out like that and should be militarily in relation to the rest of somewhere, you have developed noth- we don’t even ask a question. the world. But that is not a debate that ing. It just sits there. Or you build a Mr. ELLISON. You’ve hit on some- needs to be entered into to reduce the mili- tank or you build a Humvee. thing. Why has it been somewhat taboo tary budget by a large amount. If, beginning Ms. WOOLSEY. And it kills some- to discuss the military budget? What is one year from now, we were to cut military spending by 25 percent from its projected lev- body. in operation that would make someone els, we would still be immeasurably stronger Mr. MCDERMOTT. You have to ask shy about asking tough questions than any combination of nations with whom yourself why do we keep building more about military expenditure? we might be engaged. and more and more? And, in fact, Does the gentlewoman from Cali- Implicitly, some advocates of continued there’s a curious thing about Iraq. Hav- fornia have any views on this? largesse for the Pentagon concede that the ing been over there, it reminds me, we Ms. WOOLSEY. Well, first of all, case cannot be made fully in terms of our have 150,000 soldiers over there and we there’s a big fear of looking like you’re need to be safe from physical attack. Iron- also have 150,000 contractors. Now, if a not patriotic around here. The second ically—even hypocritically, since many of thing is it’s very embarrassing when those who make the case are in other con- soldier is paid $50,000 and a contractor is paid $100,000, why isn’t it more sen- you ask the question and nobody has texts anti-government spending conserv- the answer and you’re talking about atives—they argue for a kind of weaponized sible to hire another soldier than to billions of dollars. And that’s why BAR- Keynesianism that says military spending is hire a contractor for twice the money? important because it provides jobs and And that’s going on all over Iraq, in BARA LEE and I have been working with boosts the economy. Spending on military fact, all over the world. We are con- the GAO to have the DOD implement the over 2,000 recommendations that hardware does produce some jobs, but it is tracting things out that ought to be the GAO has made to the DOD to cut one of the most inefficient ways to deploy done by our own soldiers and would be public funds to stimulate the economy. When waste, fraud, and abuse. So they now done in a much more reasonable and I asked him years ago what he thought about know they have to do it, and we are cost-efficient way. So if you look at military spending as stimulus, Alan Green- counting on those cuts of those 2,000 span, to his credit, noted that from an eco- this budget, there are a million places wasteful expenditures in our Progres- nomic standpoint military spending was like where you can find places to save sive Caucus budget. insurance: if necessary to meet its primary money if you care about that. Mr. ELLISON. Congresswoman, we need, it had to be done, but it was not good Mr. ELLISON. Talking about soldiers have just been joined by Congressman for the economy; and to the extent that it as opposed to contractors, I will never could be reduced, the economy would ben- SAM FARR, who is a member of the Pro- forget the hearing in which General gressive Caucus. efit. Petraeus was asked how much he The math is compelling: if we do not make Congressman FARR, tonight we have reductions approximating 25 percent of the makes, and I think he makes about been talking about the Progressive military budget starting fairly soon, it will $170,000 a year for managing a whole budget and how examining the defense be impossible to continue to fund an ade- lot of people and a whole lot of equip- budget in a tough way will allow us to quate level of domestic activity even with a ment. And then somebody asked Erik save a whole lot of money which we repeal of Bush’s tax cuts for the very Prince, who is the head of Blackwater, can use for human need. And I just wealthy. how much he makes, and he makes want to know do you have any com- I am working with a variety of thoughtful quite a bit more than that, definitely ments on that, any reflections? analysts to show how we can make very sub- millions. And I mean he runs an oper- stantial cuts in the military budget without b 2030 in any way diminishing the security we need. ation quite a bit smaller than the United States military and a com- Mr. FARR. Well, without a doubt the I do not think it will be hard to make it way we have been spending and putting clear to Americans that their well being is parable force. So even when it comes to far more endangered by a proposal for sub- the leadership in the military arena, the war efforts into just an emergency stantial reductions in Medicare, Social Secu- we’re contracting military leadership supplemental doesn’t make any sense, rity or other important domestic areas than and we are paying them a whole lot because there has never been an ac- it would be by canceling weapons systems more than we are those soldiers who counting for it. The new administra- that have no justification from any threat are at the head of our military and who tion has said they are bringing us in we are likely to face. are really doing the real hard work and their budget the cost of Iraq and Af- So those organizations, editorial boards ghanistan, so there is going to be some can’t just walk away, and it’s not just and individuals who talk about the need for fiscal responsibility, and everyone about a dollar and cents for them. fiscal responsibility should be challenged to knows there will be a day when we will When you made your observation about begin with the area where our spending has not be spending that much money, been the most irresponsible and has produced contractor versus soldier pay, that was which is a lot of money, and therefore the least good for the dollars expended—our another image that stuck in my mind. military budget. Both parties have for too those costs can be cut. I yield back to you. I think that there is no way that we long indulged the implicit notion that mili- Mr. MCDERMOTT. I think that is the cannot. As we try to balance this budg- tary spending is somehow irrelevant to re- whole thing that we have not seriously et or get it into sense in the outyears, ducing the deficit and have resisted applying looked at for the last 7 years. We have to military spending the standards of effi- the largest increase over the years has ciency that are applied to other programs. If been spending, spending, spending. been the Defense Department, and we do not reduce the military budget, either We’ve had budget after budget, supple- therefore they are going to be the one we accustom ourselves to unending and in- mental budgets. They come in and say that is the most dramatically reduced. creasing budget deficits, or we do severe we need another $30 billion. We need I think all of us feel that the plan is to harm to our ability to improve the quality of another $70 billion. We’re going to use have a smaller military, but without a our lives through sensible public policy. $50 billion for reconstruction. We’re doubt it has to be a smarter military, Mr. ELLISON. Congressman, you’ve going to use this. But no oversight. and the investment in smartness is not been reflecting quite a bit on issues of They’ve been putting that money out the kinds of things you see on that military reductions and focusing on there, but nobody has been actually board. our country’s security, not sacrificing looking. And that’s why you get con- I am very excited about upgrading that, but on how we might save more trol towers, as I said, built out in the the skills of American military, par- money. But what do you think about desert for $14 million and nobody says ticularly because my background in this idea of military expenditures not to themselves, gee, what’s that about? the Peace Corps is that you find in Af- being a good economic investment, not Who did that? Well, it was a con- ghanistan and Iraq what is missing now stimulating a lot of jobs? Any thoughts tractor. You know, I don’t know if it is what we call soft power, which is occur to you about that? was KBR or which one of the contrac- that we have learned to kick down the Mr. MCDERMOTT. If you spend a dol- tors, but we let a contract to somebody doors anywhere in the world at any lar in a school educating a kid who to build a very sophisticated control time, but we have not learned to win then does better in the world and gets tower. And we talk about the ‘‘bridge the hearts and minds of people. If in- a job and makes money and pays taxes to nowhere’’ in our infrastructure. We deed we are going to have peace and and contributes to the society, you’ve complain if somebody puts a piece in stability, we have got to do a lot more created something. When you build a the budget for a bridge somewhere. We work on the soft power side, which is

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.051 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3038 CONGRESSIONAL RECORD — HOUSE March 5, 2009 less expensive and probably more effec- many troops available? I don’t think fense budget, the whole country sud- tive. So, obviously there is room for re- we have volunteers that would be able denly is going to be cowering in the ductions. As we argue the cost of to double the size of the troops in the corner and the world is going to be health care, we have to also argue the units over in Iraq and Afghanistan, be- threatening us. Nothing could be fur- cost of defense. cause I don’t think people are that ex- ther from the truth. Mr. ELLISON. Congressman FARR, cited about going over there for $50,000 Mr. ELLISON. Well, Congressman, one of the things that BARNEY FRANK a year, for one thing. the fact is that in all this exorbitant, says is that on September 10th, 2001, we Mr. FARR. Well, the difficulty you precipitous expansion of the defense had no idea how we were going to deal have is, again back to that investment, budget, you really haven’t seen the av- with the expenditures associated with if indeed the contracting purpose is to erage soldier getting a whole lot more an Iraq war. Somehow over the course build infrastructure, it is nuts to think money. We have had to increase the of time we figured out how to come up that a company from the United States budget for the VA. When you talk with $10 billion a month to fight the has a vested interest in the outcome about the human element in the mili- Iraq war. Yet people tell you and they and survivability of that project. We tary, this almost seems like the forgot- tell me we can’t afford universal health learned that with the ‘‘ugly Amer- ten element. care. That is just too expensive. The ican,’’ where we would go and build When you think about a weapon like prior President even told us that and things in other countries and leave and this ballistic missile defense over in vetoed the State Children’s Health In- they would fall apart, because in the Europe, agitating the Russians, the surance Program because it cost too process we never got the host country Iranians aren’t threatening to bomb much money. nationals involved in building it, in America. I haven’t heard that one yet. But what does that mean to you owning it, in wanting to run it and The fact is that this thing in the Bush when we think about reexamining our keep it up and learn how to, as we saw budget was $10 billion. The fact is you defense budget for waste, fraud and with generators in Iraq that we in- have got this $21 billion for nuclear abuse, and dealing with some of these stalled and nobody put oil in them and weapons. We live in a time of asym- Cold War era weapons systems? In your they all burned out, because they said metrical warfare. What do we need $21 view, what do we really need a ballistic it doesn’t matter, they will wait until billion for? Why do we need that? missile defense for in this age and day? they come back and replace them. The fact is that is one of the things Do you have any thoughts on that So I think this dialogue is really im- that is so appalling. One of the things topic? portant, because the first line of our we are doing tonight is saying it is not Mr. FARR. You have the expert on national security is investment in a unpatriotic to examine the military health care here with Dr. MCDERMOTT well-informed electorate or well-in- budget. It is not a sign that you are a and the American leader on single formed public. So the first line of our coward and you don’t want to face the payer plans, and certainly he can give national security is investment in edu- enemy if you want to cut the military a lot of that. cation. That is our biggest defense sys- budget. It doesn’t mean that you don’t But I think what I see missing in the tem, security system, and we have to care about the troops. Of course, we dialogue here is that a lot of people, make that investment equal to or desperately care about the troops. Part conservatives who would not agree greater than obviously it has been his- of what we are arguing for is for the with us would argue that government torically if we want to build a stronger sake of the troops. ought to run itself more like a busi- America. So the thing is that it is so impor- ness. You don’t hear businesses talking Mr. MCDERMOTT. One of the inter- tant to be having this dialogue tonight, about costs and expenditures. When esting things, I am standing here lis- so critical that we do not shrink from they spend money, they talk about in- tening to this, and, I don’t know, as this critical dialogue about cutting vestments. people are sitting at home listening to this budget. I am so happy that Presi- Indeed, if America is going to grow this and wondering about all this, this dent Obama came right in this Cham- and strengthen itself, then it has got to is a sacred cow that we are never sup- ber a little more than a week ago to talk about these things as investments. posed to look at. That is why we don’t say ‘‘we will eliminate the no-bid con- And if you really analyze the invest- discuss the defense budget, because tract that have wasted billions in Iraq ment in education, the investment in people are afraid if you talk about it and reform our defense budget so that health care, not costs in, but invest- and talk about reducing it at all, you we are not paying for Cold War era ments in, obviously you want to run are not a patriot. That is the accusa- weapons systems we don’t use. Let it them well, and if you really look at the tion that is made immediately. begin now.’’ military and talk about an investment But what happens in the Defense De- Mr. FARR. You know what is inter- in peace operations and stability, partment is they say, well, you know, esting about your comment? I sit on which is what it is all about, I think we would like to build a submarine, so the Military Construction Appropria- you come up with different numbers this year we will put $1 million into tions Committee. That is the military than just costs. You come up with dif- the budget and sign a contract to build quality of life. We interview the sol- ferent priorities. a submarine in the next 2 years. So the diers, have them come in and ask them Mr. ELLISON. Congresswoman next budget comes along and here is a to prioritize what they want. Never in WOOLSEY, do you want to reflect on contract already signed, and the next my 15 years have I ever heard them ask this? $10 billion goes into the budget, and for a weapons system. What they ask Ms. WOOLSEY. I just want to say the next year it is ten more. And that for, their number one issue is quality you also should put the cost of not kind of sort of sneaking it in under the of housing. The number two issue is doing those things, the cost of not hav- door without people actually seeing childcare. Childcare. That is what the ing a healthy community, not having what is being committed to, that is soldiers want. It is quality of life, bean educated constituency, not having how this missile defense stuff and all cause they are raising their families in people ready for jobs for the 21st cen- that is done, incrementally. Nobody the military. They are getting de- tury. Those costs, we never look at ever sees the long-term cost of what we ployed and they are coming back. that when we are doing our budgeting. are doing and what it is going to mean The weapons system, those are all I have a question, if I may, to just in terms of what isn’t available for the Fortune 500 companies that make throw out to the three of you. Sam, be- things that this society needs. those. That is Wall Street. So you have fore you came down here we were talk- The minute anybody raises it and a different lobbying effort between the ing about 150,000 contractors in Iraq says, why are we doing this, somebody personnel, the human factor in the and why our military, which is one- says, well, you don’t care about the military, and the weapons systems or third of the cost, each one of our safety of this country. That couldn’t be the procurement side of the military, troops, why we just didn’t have them further from the truth for any one of and that is what is incredibly remark- doing it all. the four of us. But in fact people will able. And I am really pleased that you My question is, wouldn’t we have to say it and they will think that some- are pointing out if we are going to have a draft in order to have that how if you cut one dime out of the de- make proper adjustment, we have got

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.113 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3039 to really scrutinize these expenditures every single morning and the first share some information with those of to really make them essential to a new thing I do is say thank you, Lord, for you who are listening to us tonight. global world order. letting me live in this country, and the The first person that I would like to We are not fighting conventional last thing I do before I go to sleep at recognize is our distinguished col- wars. We are fighting asymmetrical night is say thank you, Lord, for let- league from Georgia, Dr. BROUN. wars, and I don’t know what a ballistic ting me live in this country, because I Mr. BROUN of Georgia. Mr. Speaker, missile system is going to do in an believe we live in the greatest country I rise today because Americans have asymmetrical war in fighting people ever, and I know in large measure that bought a product that is not living up that are using the Internet and public is because of the great national defense to its guarantee. Promises made are transportation to move their weapons that is provided to us by the men and not being kept, and the American tax- and ideas around. women who risk their lives every day payer is paying the price for the defec- Thank you for your time tonight. I to keep us a free people. tive product that they bought. really appreciate it. Do I think that we should write a This body has let the American peo- Mr. ELLISON. Congressman FARR, blank check for defense? No, I don’t be- ple down. And I’m not just pointing my let me thank you for being here. Let lieve that. But I do know from reading finger at the other side of the aisle. me also thank Congressman WOOLSEY, the Constitution, and all of us are Both sides have hoodwinked the Amer- Congressman MCDERMOTT, and also sworn to uphold the Constitution, that ican taxpayer for not being fiscally re- Congressman POLIS was with us for a national defense is the number one role sponsible. moment. of the Federal Government. If I sound alarmist, it’s because I’m This is the progressive message, the concerned that it’s only getting worse. b 2045 progressive message tonight that we I’m frightened about the path that came with, to talk about just the de- It has to be mentioned over and over America’s heading down with this ad- fense aspect of the progressive mes- again because, unfortunately, too ministration and this Congress in the sage. We believe that if we follow the many people talk about all these driver’s seat. HARRY REID and NANCY program that has been offered by the things we could be doing for the people PELOSI are driving this steamroller of Center For American Progress that of this country if we just didn’t spend socialism and, unfortunately, Presi- Congressman FRANK has been working all this money on national defense. dent Obama isn’t putting up any road- on, we can save a lot of money for the Well, Mr. Speaker, I have to say that blocks, and not even a slow down sign. American people without any reduc- States can’t provide national defense, And it’s hardworking Americans who tion in safety for the American people. the counties can’t provide national de- are getting run over. It is not unpatriotic to question the fense, the municipalities can’t provide Right now, in addition to a $700 bil- military budget. It is not unpatriotic national defense. And we individuals lion bailout of Wall Street, a $1 trillion to talk about waste, fraud and abuse in can’t provide for our national defense, non stimulus bill, and a $275 billion the military. It is to enhance the qual- except as part of a larger body. So it is housing fix, the middle class is also ity of life for the soldier and security our Number 1 responsibility as a Fed- carrying on their backs the auto indus- for the American people. eral Government. And if we have try, Bear Stearns, AIG, Citi, Freddie, My name is KEITH ELLISON. I have money left over, then, fine. We may be Fannie and countless others. been happy to be here tonight for the able to do other things. But if we have For too long, lawmakers in Wash- Progressive message. It has been great, money left over, the first thing we ington have ignored the pleas from another fantastic hour. We will be should do is give it back to the people hardworking families and small busi- back, week in, week out, projecting a from whom we take it forcibly and ness owners in their districts. For too progressive message to the American allow them to vote how to decide to long, lawmakers in Washington have people. spend it. depended upon hardworking middle I want to say that I don’t say to peo- f class to pay for their expensive pro- ple who criticize the defense budget grams, of which they rarely see a dime. ANNOUNCEMENT BY THE SPEAKER that they’re not patriots. But I think But there is an alternative. The mid- PRO TEMPORE they should be very explicit about dle class can demand that lawmakers The SPEAKER pro tempore (Mr. where they think money is being wast- stop using them to pay for policies that POLIS). Without objection, the 5- ed. And again, if there’s money left benefit only two ends of the spectrum. minute Special Order of the gentle- over, let’s just give it back to the That’s why I rise today, Mr. Speaker, woman from North Carolina (Ms. FOXX) American citizens. Let’s not spend it in to offer a vision for those hardworking is vacated. Federal bureaucracies. middle class families who pay for the There was no objection. So, as I said, we came here tonight to Wall Street fat cat speculators, who f talk about the economy. That’s the pay for welfare recipients, and who pay thing that’s probably on most people’s for all this. FIXING THE AMERICAN ECONOMY minds. Thank goodness we have a mili- My vision includes providing tax re- The SPEAKER pro tempore. Under tary that is allowing us to be safe, al- lief to small businesses and families. It the Speaker’s announced policy of Jan- lowing us to be here on this floor at includes offering incentive-based relief uary 6, 2009, the gentlewoman from night, allowing us, every citizen in this for job creators. We must skip the pork North Carolina (Ms. FOXX) is recog- country, to go about his or her job on wish list and, instead, directly stimu- nized for 60 minutes as the designee of a regular basis, all their activities, late the middle class and small busi- the minority leader. whatever they’re doing and feel safe. nesses, since they are America’s eco- Ms. FOXX. Mr. Speaker, I am pleased But what’s on the minds, again, of nomic engines. In doing so, jobs are to be here tonight to lead this special most of the people is the state of our created, faith is restored in the mar- order on behalf of the Republican lead- economy and the inaction and incom- kets, and America’s entrepreneurial er and am pleased to be joined by some petence of the Democratically-con- spirit is once again unleashed. of my colleagues now on the floor and trolled Congress and this administra- Contrary to what is being said, those others who will be coming. tion in terms of how they have re- of us who oppose the recent actions of I want to say that we are going to sponded to the problems in our econ- this ‘‘Credit Card Congress’’ are not talk about the economy tonight. We omy. just saying ‘‘no.’’ Unfortunately, our are going to talk about the cramdown So I want to recognize some of my alternatives to help our economy are bill that was passed here today. But I colleagues who are here tonight and not being considered. do want to say in response to the Pro- allow them to share some of their con- I want to give a 5 percent, across the gressive group, I think they call them- cerns. I’m going to be here for the en- board, income tax cut. I want to in- selves, that was just speaking, is that tire hour. I’m going to let them speak, crease the child tax credit to $5,000. I any time I hear people talking about and then I will come back and, if there want to lower capital gains, dividend the need to do less in defense for this are things that still need to be said, and corporation taxes to bring inves- Nation, I want to say that I wake up then I will take up some time and tors back to America that have been

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.115 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3040 CONGRESSIONAL RECORD — HOUSE March 5, 2009 taxed out of the country. I want to cre- is put to rest the comments made by so those rights are reserved for the States ate jobs by producing American energy many of our colleagues on the other and the people. And national defense is with American workers in the form of side of the aisle who say that Repub- exactly the major function under the solar, clean coal and nuclear energy. I licans are the party of ‘‘no’’ and that original intent of this Constitution. want to increase student loan deduc- we don’t have a plan. Republicans, And when we see people stand on this tions so that you can send yourself or throughout this entire congressional floor and cut down our defense—I’m a your child to school at any age, with session, beginning in January, have of- Marine, and I believe in a strong na- minimal financial burden. fered great alternatives to the abysmal tional defense, just like I believe in I want a health care system that is proposals that have been given by the this document according to its original affordable for all people, one that is pa- Democrats to deal with this economic intent. tient-focused, not government-focused, situation. b 2100 one where patients own their own in- We understand that the American surance policies, one where the doctor/ people are hurting. We want to help the I congratulate you for bringing that patient relationship is where health American people in ways that we know issue up as you started this discussion care decisions are made, not by some are proven ways to make things better. tonight because the American people government bureaucrat. What the Democrats have proposed need to understand that this document The economic recovery plan that I are the things that will make the situ- was never meant to be expanded the support includes no bailouts and no ation worse. way government has—the way the pork-laden projects. It creates twice The American people know we can- court has expanded it, the way the ad- the jobs at half the cost through per- not tax and spend and bail our way ministration has expanded it and the manent tax relief for families and for back to a growing economy. They way that Congress has expanded it— small business here in America. This know that raising taxes during a reces- particularly beginning with FDR, with plan creates 73,000 more jobs in my sion, on almost every American, is a the New Deal. home State of Georgia alone. prescription for economic decline. That brings us to today. The New I also offered an amendment to the They know that raising taxes on small Deal did not work. I was taught in stimulus to give every American who businesses, where a majority of Ameri- school, in high school, that it did work, files a tax return approximately $9,000, cans go to work every day, will not put but that’s just a bald-faced falsehood; their share of the stimulus bill. Clear- American families back to work. They it’s not factual. The New Deal didn’t ly, not spending a trillion dollars know that cutting deductions for char- work. The only thing that got us out of would have been a much better option, itable giving will harm higher edu- that recession, that depression in the but since Congress was bound and de- cation, scientific research and religious ’30s and into the early ’40s, was gearing termined to spend the money, wouldn’t organizations struggling to stay afloat. up the manufacturing base to supply it have been better to place that money The American people know now more World War II. So it was small business back in the pockets of taxpayers? than ever before that Democrats are on and manufacturing that got us out of If a two-parent family, middle in- the side of more government and more that depression, and we’re heading in come, middle class family had received taxes. And we hope, through explaining that direction today in this country, $18,000 in the mail, they could have our plans, that the American people with these bills, one after another, bought a new car, gone on vacation, or are going to understand in a very tan- after another, after another. even make a down payment on a home. gible way that House Republicans are When the President came and talked David McCullough correctly states to our Republican conference, I’m sure that, and I quote him, ‘‘History is a on their side, and we will continue to you’ll remember he said that the stim- guide to navigation in perilous times.’’ be on their side. ulus bill was just the first of many big Let us not forget that in these tough Mr. BROUN of Georgia. Would the times, that more government has never gentlelady yield for a moment, please? spending bills, of many socialistic bills, been a solution. Historically, socialism Ms. FOXX. I will. of many big government spending bills never has worked, never will work, and Mr. BROUN of Georgia. I want to that he was going to bring to the floor it will not work today. In fact, govern- congratulate you, Ms. FOXX, for bring- and promote very quickly. The thing is ment actions were actually the stim- ing up something that is extremely im- socialism never worked, never will ulus that contributed to Fannie Mae portant. When you opened this eve- work, and it’s not going to work today, and Freddie Mac’s distension, easy ning’s special orders, you talked about and the American people need to un- money made available following re- national defense being the major func- derstand what the Constitution says laxed interest rates, and ultimately, tion of the Federal Government under and what we’re headed toward. We’re the push on American lenders to make the Constitution. I carry a copy in my headed toward the financial collapse of loans, regardless of the borrowers’ abil- pocket all the time, and I believe in America if we don’t stop spending our ity to pay. this document as it was intended by grandchildren’s future. As Margaret Thatcher said, ‘‘The James Madison and company. So I commend you, Congresswoman problem with socialism is that you If you look at this document, if the FOXX, for bringing up the Constitution, eventually run out of other people’s American people will look at this docu- because I think the American people money.’’ ment, read what our founding fathers need to understand clearly that this is Mr. Speaker, I rise in that spirit to wrote, not only in the Constitution of not a living document. It’s a document remind you that America was founded the United States, but read what they of which we need to go back to the by pioneers with dreams who worked, wrote in the Federalist Papers, which original intent. and in some cases, died to protect free- were a group of essays to explain ex- God asked a question in psalm 11. He dom and make a more prosperous life actly what this document means. They asked: If the foundation is being de- for their children. We must not forget will see that they’ve been handed a lie; stroyed, what are the righteous to do? this. that this document was never meant to What we need to do in America is to God promises us in Psalm 30:5 that be expanded beyond the 18 things that start rebuilding the foundations that ‘‘Weeping may endure for a night, but article I, Section 8 says that we, as a this America was founded upon, those joy cometh in the morning.’’ Congress, we, as a government, can do. foundational principles that made Now, I call upon all Americans, And the 10th amendment puts a excla- America so safe, so secure, so rich, so young and old, liberal and conserv- mation point upon that, because the powerful, and the only great power in ative, to demand a more efficient gov- 10th amendment says if a power is not the world today. If we leave those prin- ernment, beat back the reach of big specifically given to the Federal Gov- ciples, then it’s going to destroy Amer- government, wipe away the tears of ernment by the Constitution, in other ica, and we’re headed toward a depres- yesterday and demand a joyful morn- words, those 18 things in Article I, Sec- sion in America if we don’t stop spending in America, a future of freedom. tion 8, if it’s not prohibited from the ing our grandchildren’s future. America is depending upon it. States, things such as having their own So I thank the gentlelady for yield- Ms. FOXX. I want to thank my col- army, things like having interstate ing me a few more moments, because I league from Georgia. What he has done tariffs and those types of things, that am very fearful of the direction we’re

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.116 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3041 heading in this Nation today. We’re have gone from a fund balance of $2 nity for whom $20 or $30 or $40 a month heading in a direction that’s going to million to $24 million. is just devastating. The gas price in- be disastrous. We’re going to lose what So our city has a great savings ac- creases we had last year were just dev- our founding fathers fought and died count set so that, when this rough astating—$4 or $5 a gallon. They just and sacrificed so much for, and it’s up economy came, we were prepared for it could not pay it. If you had people to the American people to demand bet- like any individual would be with a working, as we have had many people, ter. It’s up to the American people to savings account. We did this without for $10, $12, $13 an hour and they had to demand from their elected Representa- raising taxes and without cutting serv- drive more than 10 miles to work, it tives a constitutional government, a ices, and I think the people there re- took a day-and-a-half’s work per week limited government, a government warded us for this prudent behavior. As to pay their gas to get to work. that isn’t intrusive in their lives. a matter of fact, Wall Street rewarded So the people who are hurt the most So I thank the gentlelady for yield- us by increasing our bond rating to a are not the people here in this Con- ing me a few more minutes. I am just AA rating. gress, who make a good salary, or the so passionate about this. We have got I then fast forward. I come to Wash- people out there making six figures. to stop this steamrolling socialism ington, D.C. in January, and I’m sworn It’s the people on a fixed income. I that’s being shoved down the throats of in. In the fall, we all recall the $700 bil- think, as for this particular bill that the American public. It’s going to kill lion bailout, or the so-called ‘‘TARP’’— we’ve done, this spending, if we create the American economy if we don’t do Toxic Asset Relief Program—that had an inflationary spiral, we’ve hurt the it. already been passed by the previous very people we’ve said here that we’re So thank you. Congress, and that was passed because going to help. We’ve hurt them the Ms. FOXX. Well, I want to thank my of illiquidity in the banking market. most. colleague from Georgia. Many of us are People weren’t able to get loans, and I had the opportunity today to speak passionate about this issue, and that’s that’s still an issue. to a good many bankers because of why I never let an opportunity go by to One of the first things we confronted some legislation that came on the bring it up myself. We’re going to have here was an $800-plus billion spending floor, and it was about this, the home to get our Constitution caucus going plan, the so-called ‘‘stimulus.’’ Now, bailout. I called and spoke to numerous and do a Special Order one night soon. one of the reasons we were successful ones in my district. Let me just remi- It looks like we’re going to have a lot where we were was we had a plan to nisce a little bit about the banking of folks who represent the medical correct our problems. We had a very problems we’ve had. community here tonight. The second well-thought-out plan, and we executed I think there are approximately nine person whom I want to recognize to- that plan—reducing debt and improv- banks in America that control about 70 night is a new Member of Congress this ing the financial stability of our local percent of all of the financial assets in year. He is a physician and a former government. America and over 8,000 community mayor of a town in eastern Tennessee. Here in the Federal Government, we banks that control the other 30 per- He is my neighbor in Tennessee. Our had a massive, massive spending plan. cent. Less than 5 percent of our com- districts join each other. I’m in North As we went through it, it was 450 pages munity banks have had to ask for Carolina. He’s in Tennessee. He’s going or so long. The plan was discussed here TARP money. Every single one of the to bring us some wisdom from the on the House floor and was sent to the major banks has been too big to fail. heartland of this country from his ex- Senate. It came back as a 758-page bill. Well, who is going to go save these periences in being out, talking to folks, After conference, it was 1,071 pages, small community banks? I can tell you and some of his reflections on what has which we were presented here on the no one is, but most of them are very fi- been happening. floor at about 9 o’clock one Friday nancially secure. I spoke to several I would like to recognize Congress- morning a couple of weeks ago. We today where less than 2 percent of their man ROE from the great State of Ten- voted on it 5 hours later, of which no loans are a month behind or more, so nessee. one could have read that bill in its en- they are doing very well. Mr. ROE of Tennessee. Thank you tirety and can tell me what’s in it. So Then they were presented with a sit- very much. it was about $1 billion a page. What I uation today in this particular bill What I’m going to do tonight is just saw was massive Federal spending. where a bankruptcy court can say to introduce myself to the people here and The options we have as a local gov- you, You have to mark down the dif- just share some real life experiences. ernment are: Number one, we can raise ference. If the home price decreases in I have lived in Johnson City, Ten- your property taxes. Tennessee is not value from, let’s say, $230,000 to nessee for 31 years, have practiced med- an income tax State, so we have sales $200,000, you have to eat that. This icine there, have built a thriving med- taxes and property taxes—that’s a way local bank has to eat that. ical practice from 4 physicians to over we can raise revenue—or we can expand Ms. FOXX. Will the gentleman yield? 70 with 350 employees, and so we’ve de- growth where you have more property Mr. ROE of Tennessee. The gen- livered and have worked in a small taxes coming in. That’s what we chose tleman will yield. business. to do. We can’t ask people to go down Ms. FOXX. When we were debating A few years ago, I decided to run for and spend any more money at the local this bill last week, one of our col- public office after just sharing some department stores or at Wal-Mart or leagues on the other side of the aisle thoughts with friends, and I was fortu- wherever. People are protecting their said that this is not going to cost the nate enough to be elected to our com- money now, so we can’t do that. The taxpayers a single penny. I responded: mission and as the mayor of our city. I Federal Government has a third op- Well, the last time I looked, the banks brought a very simple philosophy to tion, and that is to borrow money, and are owned by shareholders, and those government, very simple. It’s not cal- they have borrowed massive amounts shareholders pay taxes if they have any culus; it’s not arithmetic. It’s simple of money from China. If the situation kind of profit. It seems to me that math. That is: Spend less than you comes where we can’t borrow any more shareholders and taxpayers are the take in. money on the credit market, then we same people. When we went on the commission have to print money. The danger of Those banks that you’re talking several years ago, we had deficit spend- that is, when you expand the money about in your community, those coming, and we had a bloated city govern- supply, you certainly will create an en- munity banks, are they owned by ment. With the help of some great lead- vironment where inflation may occur. shareholders who pay taxes? ership and our other commissioners, we I can tell you one of the things that Mr. ROE of Tennessee. Absolutely. cut almost 100 people from our work- I did. I took this responsibility so dear- Not only that, but if you do what they force. In addition to that, we had only ly to myself because the people who are have recommended or what we voted about $2 million in the bank, and that hurt the most with higher taxes are the on today, another provision in that bill was essentially broke. During the last 6 people at the lower income and our is that you could get a zero in bank- years, we’ve passed six consecutive senior citizens on a fixed income. I can ruptcy court. The judge could say, You budgets without a tax increase, and think of so many people in my commu- get a zero interest rate for 30 years.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.118 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3042 CONGRESSIONAL RECORD — HOUSE March 5, 2009 I asked one of my banking friends, cutting back just like our constituents rate, she would have had to have closed How do you make money if you lend at are cutting back, and we should bal- her doors making it more expensive for zero percent for 30 years? ance the budget. We cannot continue to Native Americans to drive to adjacent The bottom line is that those costs operate that way. communities to purchase their gro- are passed on to the other people who ceries. Fortunately, the price of gas b 2115 borrow money from that bank. So the dropped. taxpayers absolutely get the bill. That Mr. ROE of Tennessee. The thing But since I’ve come to Congress, and is a great point you just made. that I noticed when I was home and particularly in the last week, I’ve seen, Ms. FOXX. Now, you’ve been a physi- you have, I’m sure, the same—and I as a member of the Budget Committee cian, but you’ve also been a business- have to say you have a wonderful Char- and a member of the Natural Resources man, and I think that’s important. lotte airport. During the snowstorm, I Committee, proposals in the Presi- With 350 employees, that’s a pretty got to spend 24 hours there. So it’s a dent’s budget for Cap and Trade legis- good-sized small business. You under- beautiful airport. The people from lation that would include $646 billion in stand that what was done today with North Carolina were very good to their new revenue. Now, that new revenue is this cramdown bill is going to affect neighbor from Tennessee. going to come from the American peo- taxpayers, and you understand how it’s I think one of the things that we ple. going to affect the people who play by have to do is we have to set an example Ms. FOXX. Would the gentlelady the rules. I’ll bet you had some of that in the Federal Government to the rest yield? in your practice, too, didn’t you? of the Nation. If we did that, if we had Mrs. LUMMIS. I yield. Mr. ROE of Tennessee. Absolutely. a plan that we’re going to balance the Ms. FOXX. What does that word What we’ve just said to many of the budget—I mean, this particular budget ‘‘revenue’’ mean? Don’t we know it by banks in our area and to the folks we’re spending is $1.6, $1.8 trillion out another name? who’ve borrowed money with the in- of balance, and we’re going to cut it— Mrs. LUMMIS. We do. And the gen- tent of paying it back—which is the ex- well, it’s some gimmickry because tlelady makes a wonderful point. These are taxes. These are taxes on ample I gave today—is, look, if some- when you don’t have an $800 billion the consumers of American energy. So body had bought a Tahoe last January spending package, you’ve already cut if you have electricity in your home or and they had paid $40,000 for this new that much of it. That’s onetime dollars. So that’s really not a fair cut. in your office, or if you drive a vehicle, Tahoe, well, when gas prices went to $5 or if you use electricity or oil or gas or a gallon, you probably couldn’t get A real cut would be when you actually spend less money than you did the energy of any kind, you will be paying $20,000 for that Tahoe. You were prob- a tax. And that tax will amount to $646 year before, and that’s never happened ably upside down in your loan right billion in new taxes, which will come in my view of Congress. then, but what did you do? Did you out of your pocket. Ms. FOXX. Well, some time soon I walk back and give it to the bank? No. So 100 percent of the people who use am going to share with you an article You kept paying on that until you paid energy in this country will pay 100 per- your Tahoe off. So that’s what we’ve that I read in Human Events last No- cent of the taxes that will be levied asked people to do. vember about what the Federal Gov- pursuant to the Cap and Trade bill. I think this bill should be vetted ex- ernment looked like in the ’30s and Now, this means that a typical con- tremely well in the Senate. We what our society looked like and what sumer, in their electric bill in their shouldn’t cause people, the 98 percent our budgets looked like in the ’40s. But home, will see about a 62 percent in- of the people who are paying their it has been done, and that’s what we crease in their utility bills. And busi- mortgages on time in Tennessee, to need to do. nesses, small businesses—such as you say, Hey, I’ve got to also pay for this I want to ask someone else to join us and the gentleman from Tennessee other mortgage when I’m doing it the in our conversation here. We have our have been discussing—will see a 100 right way. colleague from Wyoming (Mrs. LUMMIS) percent increase. They will see a dou- I think the experience I’ve had in who is with us tonight. And I know bling in their utility rates. government is that we’ve always that she has some interesting points And, of course, other fuels will in- preached—and I have seen it myself, that she wants to add to this discus- crease as well, including gasoline— have lived it and have breathed it— sion. And I want to bring her into it at which, once again, makes me recall my smaller government and low taxes. this point. friend who brings groceries into the Businesses move in, and your economy Mrs. LUMMIS. I thank the gentle- Wind River Reservation in Wyoming thrives. I have personally witnessed lady from North Carolina and the gen- and the hardships that will be imposed that. I know it works. I come to Wash- tleman from Tennessee for their dia- on regular Americans as a consequence ington, D.C. What do I see? The most logue. It brought to mind a constituent of Cap and Trade legislation. staggering spending that I’ve ever seen of mine. In addition, the proposed budget by in my life. I am from the State of Wyoming, and the President includes an enormous Let me pose a question. Then I’ll let an Arapaho woman, who is a friend of array of taxes on the oil and gas indus- you answer this: When we passed the mine, had a business last summer on try, which will, once again, be passed omnibus spending bill, I took that 2,000 the reservation in Wyoming where she on to consumers in America—that is if pages back to show my constituents was bringing groceries in, trucking the industry here survives. what we’d passed here. An 8.5 percent groceries into the reservation for easy And if the industry here does not sur- increase. Now you tell me what State access and purchase by members of vive or cuts back, that will reduce government, what local city govern- both the Shoshone and Arapaho tribes American jobs, it will increase our de- ment is going to pass an 8.5 percent in- on the Wind River Indian Reservation. pendence on foreign sources of oil and crease this year. The example we It provided an opportunity for Native gas. It fails to acknowledge that nat- should be doing is: We in Federal Gov- Americans to shop on the reservation ural gas is the cleanest burning hydro- ernment are going to cut the size of rather than having to go into town in carbon. And my State of Wyoming, this Federal Government. We’re going Riverton or Lander. It provided Native which produces coal, may end up ship- to tighten our belt. It would be a won- Americans with jobs in trucking and in ping its coal to places like China, derful example to the rest of the Na- the grocery business. And she’s a won- which are demanding coal and building tion. derful entrepreneur. new coal-fired power plants. Ms. FOXX. I’ve noticed in the news- When the price of gas reached $4 a Now, I learned today in a committee cast how many people are losing their gallon, it was not clear that she would meeting before the Natural Resources jobs in private industry. I haven’t be able to keep her grocery business Committee from a witness that was heard one word about any people on open. She was beginning to cut down brought in at the pleasure of the ma- the Federal payroll who are losing on the hours that her employees jority party that if you ceased all eco- their jobs. I agree with you: We have worked, cut down on the amount of nomic activity in the United States, no business expanding the Federal Gov- product she had on her shelves. And Europe and Japan combined and did ab- ernment at any level. We should be had those prices continued at that solutely nothing, that unless China,

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.119 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3043 India and Russia changed their ways, Ms. FOXX. Well, I think this distin- to the Nation’s deficit despite many we’ll see no reduction in carbon emis- guished group of new Members should warnings that it would not stabilize sions—which is to say we could com- put together a Special Order one night the economy, and it didn’t. That ad- pletely cease all economic activity in and let’s talk about energy. ministration ended with record spend- Europe, the U.S. and Japan and still, We’ve been joined by another one of ing, record borrowing, record deficits because of the carbon emissions and our colleagues who came into the Con- and an economy in shambles. the increases in carbon emissions that gress along with the two of you who But my question to many of my are occurring in China, Russia and have just been speaking, and I have friends in the majority, Mr. Speaker, is India, there will be no reduction in car- been very pleased to have had him this: If record spending, record bor- bon emissions. come over and help me on a couple of rowing and record deficits is the path So, in other words, we are not going Rules that I have handled on the floor to economic recovery, why aren’t we to be able to influence. By hurting our and am very pleased to have him join already enjoying a period of unprece- own economy, reducing our own jobs, us tonight. dented economic expansion? In fact, all taxing our own people, we’re not going We have Mr. MCCLINTOCK from the of the bailouts and handouts and loan be able to reduce carbon emissions. great State of California, which is not guarantees that have already been en- So, consequently, we need to look at exactly in the best financial shape acted add up to over $9.7 trillion, as we the benefits of these programs that are these days. I don’t know if he wants to pointed out on this floor in the past. being proposed in the President’s budg- share any of that with us. But I know That is more than the modern-day et and compare them to the costs. And he’s going to have some great com- cost—inflation adjusted—of the space I can tell you based on what I saw ments to share, and I want to give him race, the Vietnamese War, the Lou- today in budget presentations in the an opportunity to join in our discus- isiana Purchase, the Marshall Plan and Budget Committee and testimony in sion here. the New Deal combined. the Natural Resources Committee that Mr. MCCLINTOCK. Well, I thank the The fact is, these policies don’t stim- the benefits of reducing carbon emis- gentlelady for yielding, and I particu- ulate an economy; they stifle it. And it sions in the United States, Europe and larly thank her for organizing this dis- doesn’t matter whether these policies Japan are not recovered, and the cost cussion tonight over the future of our are enacted under a Democrat or a Re- is borne by the American people. Nation. publican. They don’t work. Ms. FOXX. Well, I thank the gentle- The discussion going on right here in b 2130 lady for sharing that experience that these hallowed halls of Congress is ex- just happened today. actly the same discussion that’s going They didn’t work in the recession of I haven’t heard it explained exactly on around dinner tables, over backyard 1929, when Republican President Her- that way, but I’ve known for a long, fences, over coffee at Starbucks. bert Hoover increased the marginal in- long time that we in the United States Everybody understands that our Na- come tax rate in this country from 25 are not creating the problems. If there tion is in great trouble. It’s getting in percent to 65 percent and piled up taxes is a problem with global warming—I deeper. And I think every citizen real- on imports. They didn’t work in the re- will tell you that I am a social sci- izes that each of us has an important sulting depression of the 1930s, when entist, not what would be called a responsibility to play in being part of nearly a decade of Democratic Presi- ‘‘pure’’ scientist, but I’ve read enough that discussion. dent Franklin Roosevelt’s New Deal to know that we cannot in any way The gentlelady is quite correct. Cali- spending failed to stimulate the econ- prove that we are causing global warm- fornia is in a world of hurt. It’s fol- omy. And we forget that the unemploy- ing. lowed exactly the same policies that ment rate in 1939 was actually slightly I think that the Lord’s in charge of this administration appears to be em- higher than it was in 1931. And we this Earth, and a lot of things have barked upon. It’s probably a couple of know from a year of failed bailouts and happened before human beings got years further down the road than the handouts and loan guarantees that here. There’s been climate changes rest of the Nation, which offers us a these policies aren’t working any bet- without us, and I think they’re going very important warning of what hap- ter today. to continue. So I appreciate you bring- pens when reckless spending, reckless Today we learned that General Mo- ing that in. deficits and reckless tax increases all tors, despite billions of dollars of tax- Mr. ROE of Tennessee. Would the combine into a perfect storm. payer bailouts, is still going under. gentlelady yield for just one comment? California’s unemployment rate is Monday we learned that AIG, despite Ms. FOXX. I would yield. now in double digits. This, a State that billions of dollars of taxpayer bailouts, Mr. ROE of Tennessee. Just some- was once a golden land of opportunity, is still going under. Mr. Speaker, don’t thing even more sinister. a State that used to have a recession- they understand that the sooner that What the gentlelady from Wyoming proof economy. It was always the last we stop bailing out failed companies was saying is that the carbon tax, if to see its unemployment rate rise. Now the sooner we can begin a genuine eco- you look at it, or cap-and-trade, just so it’s the first, and the reason is public nomic recovery? people understand what that is, is when policy. Ms. FOXX. Would the gentleman oil is offloaded from a ship or comes Mr. Speaker, I would like to add to yield? out of a well, a tax will be placed on it that discussion tonight by broadening Mr. MCCLINTOCK. Gladly. at the wellhead. So you pay a tax that the discussion to a number of points Ms. FOXX. I wrote this note down goes directly to the consumer. Again, that have been made by my friends on just after we started this session to- the least people able to afford this are the majority side blaming the Bush ad- night, and I want to ask you if you the folks on a fixed income, our senior ministration for the Nation’s economic have ever heard this famous quote by citizens, which we have a lot in our woes. And I hope that I don’t shock my Einstein: ‘‘Stupidity is doing the same community. friend from North Carolina to actually thing over and over again and expect- So when you go down to the grocery rise to join that chorus in some re- ing a different result.’’ Do you think store to buy a bag of tomatoes or spect. that characterizes the situation that bread, it was brought there by a vehi- We are all painfully aware that the we find ourselves in? cle that’s paying more to get there just Bush administration increased spend- Mr. MCCLINTOCK. I believe Pro- because of this carbon tax. And the ing twice as fast as we saw it increase fessor Einstein said it was not the defi- theory, as you pointed out, is we want under the Democratic administration nition of stupidity, but insanity. to tax carbon to produce carbon diox- of Bill Clinton. The Bush administra- Ms. FOXX. Insanity, excuse me. The ide into the atmosphere, and we’ll use tion’s first stimulus bill added $160 bil- definition of insanity. these other renewables. lion to the national deficit through tax Mr. MCCLINTOCK. And I certainly And at some other time, I certainly transfers despite warnings that it concur with that. And what we are see- would like to go into some ideas that would do nothing to stimulate the ing here in this new administration are we’ve shared at the local level about economy, and it didn’t. the same mistakes, multiplied, that how to reduce carbon at no cost to the The Bush administration’s bailout we’ve just seen in the last administra- taxpayers. bill last fall added another $700 billion tion.

VerDate Nov 24 2008 03:57 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.120 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3044 CONGRESSIONAL RECORD — HOUSE March 5, 2009 You know, before the failed $700 bil- sympathetic not only to the principles house if they know that a bankruptcy lion Bush bailout bill, this Nation’s of the constitutional founding of this court will come back in and re-think budget deficit was around $500 billion Nation, but sympathetic to the future this whole arrangement, perhaps to the or so. Now, because of that mistake, of this great country. That’s what detriment of the lender, and the lender the bailout bill—which, by the way, we’re all about here tonight, we’re may be left holding the bag. And if he President Obama and many of my about growth, the future, where we’re isn’t, certainly the forgotten man of Democratic friends in the House sup- going to go. the private taxpayer will be left hold- ported and ultimately consummated— And what we’re very disappointed in ing the bag. and because of all the other bills that is the bill that came before this body This is something that I found out have rushed through this House in the today. I think that there were inten- today that I couldn’t believe. You can last few weeks with such reckless aban- tions here that were meant to help peo- have someone literally, under this bill, don, our deficit has tripled to $1.5 tril- ple that were in homes to be able to buy a $1.5 million home, and in some of lion for this year, on its way to an ad- stay there, but the unintended con- these markets—southern California, ditional $1.75 trillion for next year. sequence could be that we could be Las Vegas—you can easily buy a $1.5 And as tempting as it is to censure the killing the housing industry once and million home. And you could have seen folly of the Bush administration’s fis- for all. that $1.5 million home lose value so cal policies, I think we should be far We’ve seen a proposal from our Presi- that today maybe it’s only worth more concerned with the greater leap dent that said that he wants to limit $500,000. If you have that borrower go in borrowing and spending that we are mortgage interest deductions for peo- into bankruptcy court today, based now pursuing under this administra- ple that have a combined gross income upon today’s fair market valuation, tion. of $250,000 or more. That may seem like the bankruptcy court can go in, take Now, Mr. Speaker, there is one insti- a great thing. That may seem like your $1.5 million loan, reduce it down tution that doesn’t look back, and those are people who can well afford to $500,000. What happens to the bor- that’s the stock market. The past is their homes and don’t have to pay for rower? They can sit in that house for 5 utterly irrelevant to the stock market; interest deductions. Well, one thing years. Once the 5 years is up, let’s say it doesn’t care where the economy was that we know will happen, in all likeli- that home has gone back up now, it’s yesterday, it cares very much where hood, from what we’ve seen in history worth $1.5 million again, then the the economy will be tomorrow. The when the luxury tax was introduced buyer can go sell that house and they stock market is strictly a forward- back in the late eighties, immediately pocket that million dollars. looking measurement of what investors what happened is we saw the boat in- What about that million dollars? Do are betting will happen to our economy dustry go down, we saw the fur indus- they have to take it on their income? in the future under current policy. And try go down, we saw the jewelry indus- Absolutely not, they don’t; there is no the precipitous decline of the stock try go down. Well, so what we might income tax consequence. Is there a cap- market since these new policies have say. The ‘‘so what’’ is that average nor- ital gains consequence? Under current been unveiled should be a warning to mal Americans lost jobs by the droves. law, $500,000 of that gain would be tax us all—today the stock market closed And so immediately Congress had to free; in other words, that borrower at its lowest point in 12 years. If the come back and reverse that ill-thought would just skate. The lender was left policies we’re embarked upon were des- out legislation so that we could bring hanging, the taxpayer was left hang- tined to save our economy, you would those economies back online, and they ing, but that borrower, who was able to think that those who make their living did. live in that house for 5 years, takes betting on the economy would be buy- Now, once again we’re seeing history $500,000 in cap gains free, no tax con- ing like crazy, and they’re not. repeat itself. And we’re very concerned sequences—what a deal if you can get Mr. Speaker, perhaps we would do because we’re seeing not only an at- it—and of the remaining $500,000, they well, then, to stop the partisan bom- tack on people who have managed to be pay the cap gain on that. Amazing. bast and to realize that bad policy pro- able to create wealth and who have Mrs. LUMMIS. Would the gentlelady duces bad results, whether the Presi- managed to have capital formation— yield? dent is a Republican or a Democrat; that’s the genius of the United States, Mrs. BACHMANN. Yes. and, indeed, that Professor Einstein private capital formation; you’re able Mrs. LUMMIS. Who is going to bail was right, doing the same thing over to collect money that belongs to you, out the bank when the bank loses that and over and expecting different re- hold on to it, use that money, put it at money? sults is, indeed, the definition of insan- risk, create a business, create a serv- Mrs. BACHMANN. There’s only one ity. ice, create products that help all Amer- person left at this point to bail out. I yield back my time. icans and people around the world. And what the President and what the Ms. FOXX. I thank the gentleman That’s the genius of the United States. majority that runs the House and Sen- from California for giving us a great Private ownership of property. What ate have said, it’s up to the American history lesson and reminding us of the did cramdown do today? It did just the taxpayer. It is the forgotten man of the kind of things that we ought to be opposite. It eviscerated pillars that ex- American taxpayer who is the one who about, again, regardless of what party emplify American exceptionalism, and is on the hook for every single one of we come from. And I want to say that it’s this; it eviscerates the sanctity of these boondoggles that we have seen I proudly voted against the bailout, the private contract and it eviscerates introduced in Washington over the last predicted it would be a failure. And I the rule of law. What are we without 7 weeks, it is the forgotten man of the voted every time in the last 4 years for the rule of law? What are we without taxpayer. reduced spending because many of us private contract? And what’s worse, under this legisla- who came here in 2005 could see what When a person goes to a bank and tion that came through today, you can was ahead. asks for a loan to buy a home, when take what’s called the Truth in Lend- I want to now yield some time to our that happens, that’s a private contract ing Act, and the Truth in Lending Act colleague, one of the most dynamic between a borrower and between the says something like this; if in that ex- people that we have here in the Con- lender. Today, this body, the United ample that I gave of someone who gress, MICHELE BACHMANN, from the States Congress, said no to those pri- takes a house, they buy it for $1.5 mil- great State of Minnesota, where they vate contracts. It said that now an lion, it’s now worth $500,000, the bank- say ‘‘Minnesota nice’’—I learned that American can go ahead and go and file ruptcy judge says now you only owe this summer. So, Mrs. BACHMANN, if in a bankruptcy court, and a bank- $500,000 on this house, that person can you would, please, join us. ruptcy judge could open up that pri- go ahead and they can comb through Mrs. BACHMANN. Thank you. I want vate contract and reset the terms, the Truth in Lending Act. And if the to thank the feisty gentlelady from completely reset the terms. What will bank that made that loan, instead of North Carolina, from the Appalachian that mean? That will mean, in the fu- giving two copies of the loan to the region, who sets the new standard for ture, what lender in their right mind is borrower, they only give them one all of us for what we need to do to be going to lend to someone to buy a copy, that lender is in violation of the

VerDate Nov 24 2008 03:57 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.122 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3045 Truth in Lending Act. Do you know uary 6, 2009, the gentleman from Iowa cause this Congress has said only can what that means? That means that the (Mr. KING) is recognized for 60 minutes. he consider it if the borrower is con- lien that the bank has against that Mr. KING of Iowa. Mr. Speaker, I ap- victed of fraud. house, it goes away because the bank preciate the honor to address you on I yield to the representative from missed a technicality. So that because the floor of the House of Representa- Minnesota. the bank missed a technicality, that tives. Mrs. BACHMANN. I thank the gen- person with the $1.5 million home that As I came in here awaiting my ap- tleman for yielding. they’re now getting for $500,000, they’ve pointed hour, I was fascinated to listen What’s amazing about this bill, this just gotten a free home. I mean, they to the Members who have spent the cramdown bill, this historic bill that owe nothing on it because that bank last hour talking about what is hap- was passed today, is that potentially has just lost their loan that they had, pening to our country, what’s hap- who are millionaires, who received their lien on the property, and this bor- pening to our economics. And I wanted loans and the multimillion dollar level rower skates away. to take this thing another step. of loans, literally could have received a Here’s another thing that’s even Listening to the gentlelady from loan with zero down. So they could worse. Let’s say that guy or girl had a Minnesota always has me entranced as have gone into a home, they had abso- $1.5 million home, they take out a to how deeply the thought goes on the lutely no skin in the game, zero money home equity line of credit for $1.5 mil- economics on that viewpoint particu- down. lion against that house, they go out, larly. In fact, they could have had a nega- they buy a yacht, they buy a BMW, tive-equity loan, which means they 2145 they take their kids and they go down b could have gotten money back at clos- to Orlando, they do any number of But I will take it another level from ing. So they could have had zero down things, so they take that money and the level of a million and a half mort- with money back at closing and then they spend it. Guess what? Same re- gage down to $1 million in the pocket they could have gone and taken out a sult. They will owe nothing because if that has been described here. Let me home-equity loan based on the value of not every jot and tittle of that Truth say that a borrower can also misrepre- their property. This was happening. in Lending Act is followed, that bor- sent their income. They could fraudu- I mean, let’s not forget, just as re- rower cannot only see their loan prin- lently misrepresent an appraisal on cently as 2005 we were seeing housing cipal reduced, they can see it vanish that property. They can misrepresent prices go up and up and up. Remember, and go away. their job status. They could commit half of the houses that went into fore- This is beyond belief. It reminds me actual fraud. closure were investor homes. of that television show ‘‘Deal or No They could misrepresent or, under So people were out there going into Deal,’’ you know. You keep looking to false pretenses, obtain this loan. And homes, thinking they were going to flip see if some banker has violated some the bankruptcy judge, who would now, them, getting in so highly leveraged, technical provision so you can get a under the provisions of this language and they got into this game. And now, free house. It seems like we’re now in that passed the House today, this if you own that property, you will be the business of turning normal Ameri- bankruptcy judge couldn’t even con- able to go, and you don’t even have to cans into crooks, where we’re going to sider the actual fraud or the misrepre- answer your phone if on your caller ID encourage normal Americans to just sentation or the false pretenses be- you see it’s your lender, you don’t even stop making payments on their home. cause we offered that language in the have to pick that phone up and talk to Why? Because they can get a better in- Judiciary Committee. your lender. Under this legislation we terest rate; they can get a reduced In fact, I offered it as an amendment, are going to start seeing television principal; they can get terms that are and it passed the Judiciary Committee commercials where its plaintiffs’ bank- up to 40 years with zero interest. Just by a vote of 21–3. It was not quite the ruptcy attorneys saying call me, call think of the inducements. Shouldn’t we unanimous judgment of the Judiciary me, call me. I can get you a better deal be inducing Americans to make growth Committee that we ought to prohibit on your house. decisions, good decisions? any of these cramdown provisions to We are seeing all those ads on TV These are graveyard economics for anyone who has misrepresented them- now. You don’t have to pay your tax the future of our country. And think of selves in order to get this mortgage. bill, I will get you off the hook. You the lessons that we’re giving to the But, after the fact, after the amend- don’t have to pay your credit card bill. next generation about how to conduct ment passed the Judiciary Committee Don’t worry, I will get you off the your financial affairs. 21–3, without any notice to any of the hook, but the one thing, I was born in Mr. MCCLINTOCK. Would the gentle- Members that I am aware of, the lan- Iowa, just like our great representa- lady yield? Just a question. You guage was changed in the bill that tive, one thing we learned when we brought up a great point a minute ago came to the floor, which we found, out where the massive borrowing takes were growing up, we have to pay our of due diligence of our staff, reading money away from private business. Do bills. Because if we don’t pay our bills, down line by line, to make sure there you think that what we’ve done here in our grandparents taught us somebody wasn’t something going on behind the the last 7 weeks has been a job creator else is going to, and that’s tantamount scenes, well, there was. They changed or a job killer when that much capital to stealing. the language. goes out of the market? What I saw today in this cramdown Mrs. BACHMANN. Doctor, what And the language in the bill, which bill reminded me of the 10 command- would you think? I mean, this will be a they have refused to even allow a vote ments and what the 10 commandments job killer. As I said, this is graveyard to correct, get back to what the Judici- teaches to all people in all cultures, economics. We will not only see, I be- ary Committee approved, that lan- and that’s that we shouldn’t take what lieve, a continued diminution, if we fol- guage in the bill now says that the bor- doesn’t belong to us. When I look at low the Obama administration’s new rower will have available this relief this legislation and it makes clear that calculus on the economy, we will see under the bankruptcy law unless they people can go before a bankruptcy our senior citizens, I believe, continue have been convicted of fraud, not out judge, they can get a false valuation on to reduce the valuation in their 401(k)s. and out open fraudulent action or mis- their home and have their whole debt That’s not the future I want to see. representation or obtaining a loan essentially wiped out. And if they sit I will yield to the gentlelady from under false pretenses, that’s not good on that home for 5 years, they could North Carolina. enough for the bankruptcy judge to walk away and skate on a profit at Ms. FOXX. Thank you, Mr. Speaker. even consider that in his evaluation on somebody else’s expense, I don’t know I yield back. whether he is going to dial the 1.5 mil- what else you call it. I have no idea f lion mortgage down to half a million what else to call it. and let him walk away with a million I just know this is immoral. This bill THE CRAMDOWN BILL dollars in profit out of the deal. But that passed today is nothing short of The SPEAKER pro tempore. Under even if they walk away with misrepre- immoral and people should be ashamed the Speaker’s announced policy of Jan- sentation, they can’t consider that be- of putting their name on this bill.

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.123 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3046 CONGRESSIONAL RECORD — HOUSE March 5, 2009 Mr. KING of Iowa. There is no ques- are worried about their valuation, now the Dow was on that day as our lead in- tion, I agree, it’s immoral. It under- we have mortgage-backed securities dicator of our economic growth or mines the underpinnings of this free that we thought were toxic before and shrinkage, as it might be, and evalu- market society that we are. It breaks in trouble before? Now these mortgage- ated the first four months of President the contract between property and as- backed securities, after this bill that Obama’s from the moment that the sets and borrowers and lenders. was passed in this Chamber today, have markets recognized that he would be When that contract is broken, when just been made radioactive. There is no the President being elected until the faith is broken—and I have sat in one who will touch these mortgage- today, 4 months from that period of the bank many times with my hat in backed securities. time, November, December, January, my hand trying to start a business. So in a very odd, circuitous sort of February, roughly speaking, and com- When I started a business in 1975 and I way, this administration, and those pared that to the previous presidents had a negative net worth of $5,000, I that run the House and run the Senate, as long as we had electronic records. went into a capital intensive business. have just guaranteed that mortgage- And it turns out to be this, as one So I did a good job of marketing, at backed securities are worth even less might expect, FDR, up until this time, least that’s one of the things I was able than they were worth before today. So got the worst welcome from the Dow to sell, the business idea. But many who is going to pay for this loss? Even- Jones Industrial Average. In fact, he times I was short of enough cash to tually these insurers and these bond- got the two worst we will comes on make things work. holders, because there was a carve out record. In 1932, in the first 4 months, And I would going into the bank, and for AAA bond holders in this bill. the Dow drooped 16.63 percent. On I would have to justify it every time. I I don’t know if you are aware of that, Franklin Delano Roosevelt, that was would have to have the assets under- but if you are a AAA bondholder, you their level of lack of confidence in his neath that in order to convince the skate on this bill. You don’t have to election in 1932. In his election in 1940, lender that I was going to be able to pay for the losses. But if you are any- it dropped 9.3 percent. Those two drops pay the loan. And I had to have the thing else, a BB bondholder, you lose are the two largest in history of wel- prospective accounts receivable and on this deal. coming a presidential election by the they had to be represented right and And so where will these people go, market reacting. accurately. I had to have a balance these insurers go? People will go to the And, by the way, the most positive sheet continually, at least annually, claims court, and they will make an reaction was, both of us born in Iowa, often monthly profit-and-loss state- application at the U.S. Claims Court. I will tell you, was Herbert Hoover, and ments—all of this to justify a business Guess who will be paying the claims? we could go into that, perhaps. But in operating loan that I could keep my The United States taxpayer, the for- any case, President Obama’s start is employees work and be able to pay the gotten man, the chump at the end of the worst economic start in the history bills on time. the stick will be the United States tax- that I can trace back electronically All of that level of integrity that’s payer who ends up paying the freight that goes back at least to Herbert Hoo- built into that relationship between on all of these big ideas. ver’s administration. the borrower and the lender, the time- At the end of the day, you have Franklin Delano Roosevelt saw the honored relationship between collat- graveyard economics. And what we markets dropped 16.3 percent in the eral and credit and character and cap- know is that there is a better way out first months after he was elected in ital, is being ripped asunder by this of this. There is a positive ending. We 1932. But, today, the first months after bankruptcy bill, by this cramdown bill. don’t have to have a sad ending. President Obama was elected, we have And, so, now what will happen is, That’s the grief that I think we have seen our Dow Jones Industrial Average lenders, those who decide they are been living with these last, 6, 7 weeks. drop 31.49 percent in that period of going to still be in the business of We have seen a very sad ending to our time. mortgage lending, they have got to go economy, but we know there is a great It’s almost twice as much of a drop back and reevaluate this equation, this ending to the economy. There is a com- and, under this administration, as any business equation which says the de- pletely different alternative that we administration in our electronic his- gree of risk has to be proportional to can offer the American people. tory. I think it’s breathtaking, the the potential for profit. That’s the Mr. KING of Iowa. Well, I thank the message that the markets have shown. equation. You put the equal sign in the gentlelady from Minnesota, and I And this, by the way, isn’t just a middle, degree of risk, potential for would point out that the point you President Bush economy. If you will re- profit. made about these bundles of mortgage- call, President Obama supported the Mrs. BACHMANN. Let’s remember, backed securities that are tranched $700 billion bailout plan. He came to there is no free lunch here. That’s what and sliced and diced and packaged and Washington to work on it too and de- Milton Friedman, the great economist repackaged and sold up and down the cided he would support the proposal. said. There is no free lunch, because chain and coalesced into certain values This Congress approved, I can go over when a judge writes down, let’s say, the of securities, have created toxic, truly our resistance, $700 billion, first half, multimillionaire went out and bought toxic assets. The value of these assets $350 billion went essentially right away that million dollar and a half house, cannot be considered any longer. They to pick up these toxic assets that then now the fair market value is $500,000 cannot be evaluated. we thought were toxic today, are far now. So the bankruptcy judge, with a This degree of risk can’t be evaluated more toxic than they were. The other stroke of the pen, said ‘‘voila,’’ now as being proportional to the potential $350 billion had to be released by Con- you only owe 500,000 when before you for profit. And we watched these mar- gress. That was done so under the thought you were going to get a mil- kets tank nearly every day, nearly Obama administration. lion and a half. The banker gave you a every day during the Obama adminis- This is his economy. He is fond of million and a half. What happened to tration. saying that he had inherited a trillion that million dollars? Where did it go? In fact, I had some interesting num- dollar debt. Well, this debt is increas- Well, remember, when the banker bers that I ran today and I think they ing more and more each coming week. gave that money out and got the house will be informative to everybody in In fact, tonight on one of the net- back in collateral and got the promise this country, and I don’t think any- works, they announced that President from the borrower that the borrower body has asked this question until Obama’s wish list, if you add it up, was going to pay back that million and today. So I went back, and I am watch- comes to $20 trillion, $20 trillion. Now, a half plus interest, the banker sold the ing the Dow just tailspin. So I went I have not put all the line items in right to that mortgage. He packaged it back and took a look at has any presi- that, but that is a breathtaking num- up in mortgage-backed securities and dent in history ever had such a, let’s ber, $20 trillion. he sold those securities. me say, negative start economically at And how can we have a level of con- So now those mortgage-backed secu- the beginning of their administration? fidence in this when you are seeing this rities, which kind of started this whole So I went back to November 4, the kind of a response? Every day we have meltdown in the first place, because we election of 2008, took a look at where negative financial news. I am seeing

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There is at least, or there was, tunity to make profit, and the govern- those commitments back in and not at least, before the market spun down- ment is stepping in and nationalizing spend them, because guess what, all ward, $13 trillion in U.S. capital that’s and interceding themselves in the mar- that spending hasn’t worked yet; so stranded overseas because it’s faced ketplace, the confidence in the market- how is spending $20 trillion more going with capital gains tax if it comes back place is going down, not up. to turn it around? If we would pull that into the U.S. marketplace. If we sus- You see the asset value of our lend- in and if we would give the market- pend the capital gains tax, theoreti- ing institutions, our mortgage bankers, place one thing it’s been begging for cally all that money could come back going down day-by-day. These institu- but hasn’t gotten: certainty. The mar- into the U.S. market. It will find the tions were going to be shored up, and ketplace needs certainty. And what the smartest place for it to be invested. I they haven’t been shored up. We Obama administration has given them don’t think it will be $13 trillion. I haven’t let the markets work. There is is buckets of uncertainty. So that’s think it could be $2 to $3 trillion, which one thing we know for sure that if we why we are seeing the economy tank. is a tremendously large number. keep our free markets together, if we So if we do a few very simple things: I want to also suspend capital gains don’t get everything nationalized and One, for at least a 3-year minimum, tax on rescue capital that would pick all socialized, we will recover from zero out capital gains so we could get up these toxic assets. That has shifted this. But the question becomes, how people off of the sideline, sell their as- since then, since I introduced that leg- long does it take? sets, whether they’re stock, equities, islation, but suspending capital gains whether they’re buildings, whether it’s tax does the job, and it freezes up the b 2200 homes, sell their assets and have zero capital that sits along on the sidelines. Mrs. BACHMANN. I thank the gen- capital gains, minimum 3 years, pref- And in our corporate income tax, the tleman from Iowa, Representative erably for 4 years, people would get in second highest in the industrial world, KING, for yielding. the game and they would start buying to scare our capital out of the United Conversely, you had given the num- and selling and creating wealth be- States and send it overseas and then bers about how the market has been cause that, after all, is the genius of try to legislate a way that we can tanking in the last 7 weeks since the America. The ability to have private chase it with the IRS taxman is the Obama administration took over. Now, capital formation from which wealth wrong way to go. compare and contrast that to the Bush comes and which you create more There’s a reason why that capital is tax cuts. The first quarter after the wealth. going overseas. Because it’s a smarter Bush tax cuts were put into place, al- Number two, the United States, as investment. Capital is always smart, ready we saw revenues increasing to Representative KING knows, has about and the death tax is just cruel. It is the government and we saw an eco- the second highest corporate tax rate, cruel. I have, and I think many Mem- nomic uptick. That’s how quickly business tax rate, in the world at about bers have, received calls from constitu- those incentives will come into place. 34 percent. If we would take that cor- ents whose mother or father was lying I handed out literature this week to porate tax rate from 34 percent down to in the hospital and they’re making a various colleagues to show that our permanently 9 percent, we would make decision whether to put them on life economy on its own, in a miraculous America in this global economy, where support or to take them off life sup- way, which always happens, is already we have an economic global malaise port. And every time this subject is healing itself. We saw that we had going on, we would become the situs to ginned up here in this Congress about about 5 million existing homes out on do business, and we would bring capital whether and when the death tax will be the market. That number has now from all over the world because inves- repealed or, as people on the other side dropped to about 3.8 million. So the tors all over the world are looking for of the aisle advocate, whether it’s housing stock is already in the process safety. They’re looking for certainty. If going to be put back on again and of depleting and demand is coming up. you can have zero capital gains, 9 per- there won’t be any relief, there are de- Interest rates are coming down. In cent corporate tax rate, then for our cisions made that are just perverse, to some segments of our economy, we see United States citizens, cut everybody’s put a family through having to make a 85 percent home sales that are being taxes 5 percent on the margin. So you decision on whether they’re going to completed. So we’re seeing a turn- cut everybody’s taxes down. plug somebody in or unplug someone in around already in the housing market, And then let people know what’s an end-of-life decision. That’s what although now with cramdown, that going to happen with the death tax. We government does. may change a little bit after the lesson all know the right year to die in the So for me, I would eliminate the IRS of today. United States is 2010 because then you and the entire Federal Income Tax But also in the auto market, we’re have zero estate tax. But after that Code. I would take the tax off of pro- seeing pent-up demand building. We President Obama wants to institute a ductivity. It was Ronald Reagan that saw a very low number of sales that punishing high tax rate. What we need said that what you tax you get less of. were completed in February, about 42 to do is just repeal the immoral death But the Federal Government in its pre- percent fewer sales. That’s a dramatic tax. That will bring more certainty to sumed wisdom has the first lien on all low in auto sales; however, we’re seeing the marketplace than anything else. productivity in America. If you have pent-up demand. People want to go out Our problem, then, Representative earnings, savings, or investment, Uncle and buy a car. But because of the news KING, would be where are we going to Sam is there with his hand out to take that they have seen come out of Wash- find the workers to find all the jobs the cash and put it in his pocket before ington the last 7 weeks, people have that would be created? That brings cer- you get the share you’re working for. If been unwilling to spend. tainty. That brings the ability to have you go to work tomorrow morning and But what is it that would turn it private wealth creation, and it gives us you punch in at eight o’clock, just kind around? That’s the positive answer and a pro-growth, pro-prosperity climate, of think of that little ding when you the positive solution that can be on the rather than what we have been dished punch the timecard. Uncle Sam’s goes horizon. We could turn our economy out for the last 7 weeks: a graveyard out. ‘‘I want mine,’’ he says, in a nice literally around if we would do a few economic climate. subtle way until he gets it and he puts things: One of them would be that all Mr. KING of Iowa. I thank the gen- his hand in his pocket. If you’re invest- of this money that has been com- tlewoman from Minnesota. ing, if you’re selling real estate, if mitted, and if you go back to about And I really appreciate your bringing you’re collecting interest on a deposit January of 2008 and you take a look at up the suspension of the capital gains in the bank, your earnings, your sav- all of the commitments that the Fed- tax. That’s an issue that I have advo- ings, your investment, stocks and divi- eral Government has made through cated for strongly. I have advocated for dends and shares, all of that that’s con- both the Bush and the Obama adminis- suspending it for 2 years. I like the idea verted to Uncle Sam, he’s there getting trations, the trillions and trillions of of 3 years. I’m not going to quibble his share out of productivity.

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But if we adopt the fair tax, the na- thought we were going to see gas at $6 am going to create or save 31⁄2 million tional sales tax, then the result of that a gallon, $8, $10. We didn’t know where jobs.’’ Now, the first time I heard that, is we take the tax off of production and gas was going to top out. Every morn- okay, but somebody’s going to call him we unleash the American production ing you’d get up and the first thing you on that, and really nobody has yet. The machine and everyone can be an entre- would do is you’d look at your local President is going to create or save 31⁄2 preneur, produce all they want to gas station and see is it up 10 cents million jobs. Now, think about what produce, earn all they want to earn, today, 20 cents today? The economy that means. If you were down there in save all they want to save, invest all felt like it was out of control. maybe grade school and they were they want to invest, and then make the I am very concerned that here we are teaching you how to rationalize some- decision on when they want to pay in an economic downturn when the de- place between two plus two and two taxes by when they do their purchases. mand for energy is low and so we’re times two, you would come across the Not a VAT tax, the last stop on the re- seeing the price of gas go down accord- rationale of ‘‘create or save’’ leaves a tail purchase, sales and service. It to- ingly. This is exactly when we should little escape clause in there. Which tally transforms the dynamic, and it be revisiting the American energy de- jobs would be created and which ones gives America a 28 percent marketing bate. And we should open up every would be saved? If they’re not defined advantage over products made in the form of energy for exploration that and we have a workforce of about 142 United States versus products that are there is. Coal isn’t evil. Oil isn’t evil. million here in America, as long as imported into the United States. That Natural gas isn’t evil. Wind isn’t evil. there are 31⁄2 million jobs left, the saves Detroit. It saves the UAW. It Biofuel isn’t evil. Solar isn’t evil. None President can claim he saved them. of these forms of energy are evil. But saves the National Association of Man- b 2215 ufacturers. It puts them on the profit the interesting thing is the way that side and makes America again the in- the Obama administration is approach- So it fits the definition. That is how dustrial powerhouse for the world and ing energy, they make evil the produc- broad this is. And we are to be mobi- improves our national security all at tion and use of one of the basic build- lized by this and moved, to leap into the same time. ing blocks of our economy. That’s en- this giant leap of faith of trillions of In fact, to wrap it up in a little nut- ergy. This is a warped view of America. dollars in borrowed money, the inter- shell here, everything good that any- It’s not the view that we grew up with generational theft that JOHN MCCAIN body’s tax proposal does is done by the in Iowa. It was not our commonsense and MICHELE BACHMANN will talk about fair tax. And everything that any- understanding of fairness. We don’t and we talk about as well, it is inter- body’s tax proposal does that’s good is want to punish people for trying to get generational theft on a promise that done by the fair tax. It does them all. ahead. We don’t want to punish people 3.5 million jobs are going to being be It does them all better. It changes the for trying to succeed and have a good created or saved. dynamics of taxation. It unleashes the economy. Fairness is what we need to Here is another one. Cut the deficit free market economy. be about. The Tax Code today has in half. I remember where I heard that. But instead of that, we’re here pun- nothing to do with fairness. That was actually President Bush that ishing producers. We’re punishing the The proposition you were talking advocated he was going to cut the def- people that earn, save, and invest. We about was fairness for the American icit in half in 5 years. I remember that want to raise taxes on everybody in people. I talk to people at all economic was the timing. America. This 95 percent of Americans strata, and they say everybody should Our current President would cut the getting tax relief and taxing the top 2 have to pay something. Everybody deficit in half by the beginning of his percent or 5 percent under this idea of should have to pay something in taxes. second term. But we are going to cre- the President, Mr. Speaker, doesn’t People just shouldn’t be exempt. It’s ate this large deficit, and then well hold up. We’ve got the carbon tax at not fair that just a few people pay have something more easily sliced in least that’s imposed on this. That’s a taxes while other people don’t. And the half. Maybe he inherited a $1 trillion tax on everyone in America that uses proposal that you’re offering with the deficit, but we have a $1.75 trillion def- anything that uses energy. And I would fair tax is one that should be debated icit advocated today. It is pretty easy defy anyone to come up with anything in this House. The flat tax is one that to cut it. we use that doesn’t use energy. And the should be debated in this House be- Let’s just say you weigh, I don’t want people who are at the lowest end of the cause everyone benefits by having a to use your weight, say you weigh 200 economic scale are the ones that are strong country. Everyone should have pounds and say I am going to reduce paying the highest percentage of their to participate in a simplified, easy-to- my weight by 10 pounds. Then you income for energy. They’ll pay the figure-out Tax Code where, no kidding, could gain 20 and lose 10 and you have highest taxes as well. your tax return could be about this big lost 10 pounds. That is kind of how this I yield to the gentlewoman. and you could fill in an amount and thing works, by cutting the deficit in Mrs. BACHMANN. There was an arti- you’re done. Or you could even be sim- half. We grow the spending and then cle that came out in Congressional pler and just pay tax every time you go slice the spending down and advocate Quarterly last April, and it was inter- and you purchase something at the or at least allege that the deficit has esting. It said with the carbon tax, it point of sale. There are a lot of ways been cut in half. doesn’t matter if you are manufac- we could do this, but it needs to be fair I yield to the gentlelady from Min- turing or if you are helping orphans in and it needs to be shared. nesota. Africa. Every human activity will in- Mr. KING of Iowa. Reclaiming my Mrs. BACHMANN. I thank the gen- volve an aspect of the carbon tax. So it time, the tax structure that we have tleman. is very disingenuous for our new Presi- and the language that was delivered I would love to see that circus trick dent, who stood right behind you last here about everyone gets a tax cut un- performed. When does government just Tuesday during his State of the less you’re in the top 2 or 5 percent, or grow and ever contract down by half? Union message, when he looked into above $250,000, but the insidious tax It doesn’t happen. Find an example the camera and he told the American that goes in, the carbon tax that per- where it happens. It doesn’t happen. people if you make less than $250,000, meates every aspect of our economy Here is my concern about what the you won’t pay one dime more in tax. and punishes the poorest among us, in Obama administration may be doing. I Now, would that that were true. I wish a way it’s like the cigarette tax. You am very concerned about the infla- it was true. But we all know he contra- add 61 cents a pack to cigarettes. The tionary aspect. Inflation is the cruelest dicted himself with his own words in folks that smoke the most are the ones tax that you can inflict on anyone, es- the same speech when he said he wants at the lower end of the income bracket. pecially when you have senior citizens to introduce the energy tax because en- They are the ones who can least afford who spent a lifetime being prudent, ergy tax will impact everyone. it. But we impose a tax on them and we working hard, scraping, maybe saving We all remember how much fun it call that a ‘‘sin tax.’’ 10 percent of their income in every was last 4th of July when we were all Then you get a promise that comes check, putting it away, squirreling it paying well over $4 a gallon. We out from the White House that says ‘‘I away, helping their kids out, paying

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.126 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3049 for weddings, paying for college, paying and squelched by taxation, by over- The rule of law doesn’t mean so much off things so you could have a nest egg. regulation, by messages that come out any more, not when I arrived down on And here you maybe have $200,000 or that are against energy. Nearly every the border some time back and we hap- $400,000 in the bank, or $125,000 in the sector of our economy is under assault pened to catch a drug smuggler that bank, and then you look at the last 7 from people that don’t believe in free had about 450 pounds, excuse me, it was weeks America you see that your 401(k) enterprise. I think the number came to 218 or 220 has dropped a third in value. Maybe by I would go further and say there is a pounds of marijuana under a false bed this point it has dropped 50 percent in huge philosophical divide that goes in his truck. It was 18 bales. value, your 401(k). That is just with the about right down the middle of the It was under 250 pounds, because we current economic decisions we have aisle right here. This is free market weren’t prosecuting people that had seen thus far, before this administra- people over here. They believe in per- less than 250 pounds of marijuana when tion has spent $20 trillion. sonal responsibility and strong families they came across our border to smug- Then you look at the Federal Re- and the Constitution and the rule of gle it into the United States. They serve, which has been busy in various law. The pillars of American since changed that and raised it up to parts of this city printing money, 24 exceptionalism are often defined in the 500 pounds because we didn’t have hours a day, 7 days a week, pumping dialogue over here. They are often de- enough resources to prosecute. money out into the money supply, in- rided by the dialogue that comes from The rule of law set aside? Another in- flating the currency. this side of the aisle. Now it is an all stitution that is not respected univer- What have Americans been doing? out assault on our institutions. sally, without question? And now the When all of this started, the U.S. sav- I had a time a couple of weeks ago Director of Homeland Security, when ings rate was negative 1 percent. Dur- where I sat down with some dissidents there is a raid that is done for illegal in Russia. They said to me that Putin ing the Depression the savings rate was employees that are working in an en- had destroyed nearly all the demo- negative 1.5 percent. You know what gine shop in Seattle, decides, well, I cratic institutions in Russia. They said the savings rate was in the month of didn’t know they were going to go in we don’t any longer have a fair elec- January? Plus 5 percent. there and pick up those people illegally tion, we don’t have an independent Why is that? Human action. Ameri- working, so I am going to investigate press, we don’t have an independent ju- cans are scared to death about the the investigators that are underneath diciary, we don’t have an independent economy, so they have taken the her control. The rule of law suspended legislative body in the Duma. In fact, I money that they have had and they because there is a political equation in- had to stand in line for an hour just to have held it. They decided not to buy. volved in enforcing it? get in the door. Hence we see the anemic car sales But those are four of the institutions Institution after institution are going on, because they are scared to that they mentioned, and they said our under attack in this country too, and I death. Every day we see the Obama ad- freedoms are really gone. There is no think they understand that in the ministration saying they want to spend place else for Putin to go to take away place I have been. The gentlelady from Minnesota. this many trillion, that many trillion. any more of our freedom, because he Mrs. BACHMANN. Thank you to the Now they want socialized medicine. now owns the institutions and has gentleman from Iowa for yielding. Now they want a carbon tax. It is like taken over of the institutions of free- I think you are stating it very well. more, more, more, and people have fig- dom. They called it democracy. There is a strong, bold, philosophical ured out this calculus doesn’t add up. Here we have institutions all under So if we inflate the money supply, as assault. Each one I mentioned is under divide. One has faith in the people, the Federal Reserve may do in conjunc- assault. We don’t have an independent faith in the future, faith in the Con- tion with our current Treasury Sec- legislative process anymore, not when stitution, faith in the pillars of Amer- retary and the Obama administration, a bill can come out the Speaker’s office ican exceptionalism, the rule of law, we could potentially see our dollar, if directly to the floor without com- the sanctity of the contract. Those are you own a dollar in 2008 and the Fed- mittee action, without amendments pillars of freedom that America was eral Government pumps extra dollars being allowed in subcommittee, no sub- built on that caused our greatness, in, in 2009, but there is no additional committee action, no committee ac- that gave us a pro-growth economy, productivity, there is no additional tion, and the floor action is a bill that that was the envy of the world. value behind those dollars, it is just comes down from on high at 11 o’clock On the other side of the equation we paper that comes into the system, if at night that hits the floor the next have our brethren on the liberal side you have $2 in your hand and no more day with no amendments allowed and who have a completely different faith. additional worth, you really only have an hour’s worth of debate, and then it Their faith is in the state. Their faith 50 cents. In other words, that dollar is crammed out of here and on over to is in big government. They said this is isn’t worth a dollar anymore, it is only the Senate before the public can wake the new era of big government. They worth 50 cents. up and even understand what has hap- have embraced socialism with both So inflation is a cruel tax. Just be- pened. I don’t blame them for not arms. They love socialism. They can’t cause your 401(k) maybe lost 50 percent knowing. A lot of people in here don’t get enough of it. of its value because of the stock mar- know what is going on either, but there They want to make sure that the ket, you could see your 401(k) lose an- is no opportunity to intervene or even American people will have their fill of other half because of the cruel tax of make the case. socialism, so much so today I had inflation. That is the next policy that The independent legislature now farmers in my office who told me just we need to see over the hill that may turns into NANCY PELOSI and HARRY a few years ago crop insurance was 33 be coming with these Obama policies. REID and the President. They could percent provided for by the State, just I don’t know if the gentleman from meet in a phone booth, the three of a few years ago. Today, 80 percent of Iowa would like to comment. them, and make the decisions on where all crop insurance is purchased through Mr. KING of Iowa. Reclaiming my this country is going to go, to the dogs, the Federal Government. Why? Be- time, I will say the other alternative is if we let them. And that is what has cause the Federal Government sub- to have a huge growth in our economy, happened to our independent legisla- sidizes that rate, and so they are a booming economy, a booming econ- ture here. It is not accountable. The crowding out private insurers for crops omy that would grow us out of this so process has been subverted. and they are becoming the new game in we don’t have to put so much money That is just one thing. We have the town. into the market that inflation devalues institution of the media. They have the Just like what we saw the liberals do our dollar. mainstream media. If you look at here in Congress with those who give Now, I would ask, how is that going where they donate their money and out student loans. They didn’t like the to happen in the face this massive how they register their vote, that in- idea that private banks and companies growth in government and in govern- stitution has been taken over. The edu- offered and made student loans. No, ment spending? Where is the entrepre- cational institution has been taken that wasn’t good enough. The liberals neurial spirit, when it has been killed over. The list goes on and on. that run Congress wanted to make sure

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.128 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3050 CONGRESSIONAL RECORD — HOUSE March 5, 2009 that the government gives out student were the day before that bill came nomics of the last 100 years, you can loans. Where is their faith? Their faith raining down from on high here with see example after example of the Pro- is in government. no amendments allowed. That is some gressive Caucus, where their ideas have Now what do we see with health care? of the things that are happening under been implemented, and you can see the It just roils those liberals to have pri- the guise of stimulus. ramifications and the results of those vate health care and private pay of Now, if you need to stimulate the ideas. They’ve resulted in millions of health care. They can’t stand it. What economy, one would think one could be people’s deaths by government and undo they want to make sure we have? restrained from slipping in this entire told misery for generations. Where They want to make sure we have so- wish-list that has been an accumula- Russia was, for instance, trying to cialized medicine, and as quick as pos- tion of a generation of liberal wishes, come out of its Soviet and its socialist sible, so quick that in this stimulus without a model of success, I might domination to now, what the gen- bill that you spoke of, Representative add, and with nothing to point to in tleman had just stated is a reverting KING, that not one person in Congress history except failure after failure right back to it. read before we voted on it, one hour of after failure. The discouragement of Tyranny, in human history, is the debate before we were forced to vote on human endeavor is what comes out of norm. Freedom is the exception. That’s this bill, we couldn’t even ask ques- the socialist approach. And yet the the oasis of America, the beauty of tions hardly on this bill and we were group that spoke before your group America, that throughout time, when forced to act on it. came to the floor and was advocated tyranny has reigned supreme, the There is a rationing board, a Federal the Progressive Caucus, they put up United States came out of the mist rationing board for Federal health two blue posters up over here, the Pro- like a gem, like a midnight sun that care. Not only that, all Americans will gressive Caucus. came out of the darkness, and it has have to have their health records, in- shone as a beautiful symbol of freedom b 2230 cluding their mental health records, all for 230 years. poured into one health record per per- So I found myself in my office. I And that’s the question. Here we are son, and 600,000 entities, not people, ought to take a look and see what the now, 2009, will we continue to forge the 600,000 entities will have access to Progressive Caucus really is. Well, I link on the chain of freedom, or will every American’s health records. know how to find them. You go to this be the last link of freedom, and This Congress, led by the liberals dsausa.org. That’s the Democratic So- will the next one be broken, and will who have more faith in the state, more cialists of America, dsausa.org. They we revert back to tyranny? That’s the faith in government than in the Amer- are the socialists. And they used to question before us tonight, because ican people, has decided that every- maintain the Web site for the Progres- what we are seeing is so historical, so one’s private health records will now sive Caucus until there got to be a lit- profound that the United States has no be naked before the world; that 600,000 tle bit too much publicity, then they way of continuing to look like a free entities will now have access to every severed that relationship and the Pro- country 10 years from now if we con- American’s private health records, in- gressive Caucus now manages their tinue to implement just the concepts cluding chart notes from therapists if own out of the House here. But the con- that we have seen implemented in the they go to see a mental health profes- nection goes back a long time. And you last 7 weeks. sional. can go to that Web site, Democratic Mr. KING of Iowa. Reclaiming my That is the faith that we see from the Socialists of America, and read, and time, I absolutely agree with the gen- liberals that run this Congress. That is the first thing they tell you is, we are tlelady from Minnesota (Mrs. the future that they have defined for not Communists. There’s a difference BACHMANN). And I would add that Americans. That is not the future that between us. Communists believe that there’s this line down through the mid- I hear when I go back to the Sixth Dis- the state should own everything, in- dle of the aisle. When you turn to the trict of Minnesota. The great people in cluding your dog. They didn’t put that left and you shift these policies to- Minnesota, just like the great people in in there. But we, as Democratic Social- wards the socialist side of the ledger, it Iowa, are working pretty hard these ists, believe that, no, there should be always diminishes freedom. And when days. They are pretty nervous these some private property, and small busi- you shift them over on the conserv- days. They have faith in themselves, in nesses need to be able to run so they ative side of the ledger, it enhances their fellow man. They go to their can be flexible enough to take care of their freedom over to where you get to churches. They are praying. They are the immediate needs of people like, I the point where it goes on to the other seeking relief. And they are concerned suppose, selling Polish dogs out here on side. about what they are seeing come out of the streets of Washington, DC. But big Let me just say this, if you have no Washington, D.C. business—this is on the Web site. Big taxes and no regulation and laissez I just want the American people to business should be run for the benefit faire, then you have maximum oppor- know, there are a few of us here in of the people affected by it, which tunity for free enterprise. That’s fine Washington that still believe in Amer- means they should be run by the cus- to do that if you have people who are a ican exceptionalism, that still believe tomers. So if you have, let me say, a totally moral and ethical people. Now, in our Constitution, and that still be- franchise chain of bars, they would be that’s the perfect model. But we have lieve in the greatness and the future of run by the drinkers. And if you have a to have laws so we have to have re- this country and that it lies in the hard company that makes bread, then it straint, and we have to have some tax- work and innovation of the American would be run by the people that eat the ation to enforce the law, and we have people, and we are not going to give up bread, not by the people that need to to have some taxation to fund our mili- that level of freedom. make a profit. It totally changes the tary and fund our security. And as Abe I yield back to the gentleman. reasons that we are in business. And it Lincoln said, the Federal Government’s Mr. KING of Iowa. I thank the gen- goes back to the idea that there can be job should be to carry the mail, quasi tlelady. central planning, central command, private I will say, carry the mail, de- I point out I had a conversation with and somebody can manage an economy, fend our shores, do for the people that an individual that represents a com- instead of the invisible hand that which they cannot do for themselves, pany domiciled in your State of Min- makes it happen magically if you just and leave us otherwise alone. That’s nesota who, because of the language let the market make the selections for freedom. that was in the stimulus bill that no you. That’s their view. But the other said is servitude in the one knew was in there, it cost their And on that Web site it says that end, capitulating our freedom for the company $25.3 million with the stroke they want to nationalize the oil indus- sense of security that doesn’t give the of President Obama’s pen just for the try in America, nationalize the refin- Wall Street much security to speak of. provisions on health care that were ery industry in America. I think it’s pretty clear as you’ve slipped into the stimulus bill. A $25.25.3 Mrs. BACHMANN. And the gen- watched this downward spiral go on million check they have to write just tleman knows that if you look at the now, for all of these days since the to get themselves even with where they living laboratory of history and eco- election, and almost twice as much

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.129 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3051 percentage drop of the market as 26, Friday afternoon, 3:00, 1985. I’ll business life because there are some you’ve ever seen in modern history. never forget it. Red tag on the door. areas that are quasi-sovereign. And I The question of freedom vs. the ques- Highway Patrol guarding the door. It won’t describe them any beyond that. tion of dependency, with a socialist ap- changed everybody’s life that was in They’re quasi-sovereign, which means proach. And our urge needs to be this, there, and it changed mine. that there’s really not relief to go and our charge is this, our responsibility is I know what failure looks like. I’ve make a collection in their jurisdiction. this: We should be setting policies that watched some of my neighbors, their So I’ve had to go in there and bid work, maximize the average annual produc- spirit be eroded because they had to and I would calculate the materials, tivity of our citizens. If we do that, if fight the finances. expenses, a little margin for profit and 300 million people turn out a little bit But the other side of that was, they the insurance and those things, build more, produce a little bit more, give a had the opportunity of the, I don’t that all together, and then I’d have to little bit more, decide they have the in- want to say it’s euphoric, but the good, put a factor in and there’s no place for spiration to earn, save and invest and strong, uplifting feeling of having built me to go to get relief here except to build, if 300 million people do that even something that they can take pride in the very people I’m doing business a little bit, if they do it 1 hour a day or and having achieved and set an exam- with. And some of you will know the 1 hour a week or 1 day a week, it adds ple for their children and their chil- quasi-sovereign regions I’m talking to the entire GDP. And when that hap- dren’s children, this example of a work about. So I had to, and all my competi- pens then it adds to the industrial ethic and integrity and giving your tors had to also factor in a risk factor base. It adds to the capital base. It word and keeping your word and the for what happens if the deal gets adds to our innovation, and it auto- value of contract, which I’ve made my changed afterwards. I’ve done that on matically improves the quality of life, living in the contracting business. And Excel spread sheets with numerous bid on average, of everybody in this coun- almost all of it on low-bid. items and put a multiplier on each one try. And I’ve worked for many of my of them that just simply was the num- Mrs. BACHMANN. And if the gen- neighbors throughout the years, going ber that evaluated the risk factor on tleman will yield, that’s exactly what clear back into the early 1970s. Most of whether they would change the deal has happened in the United States for those were verbal contracts, most of after the fact because, in that quasi- the last 10 to 15 years. We have seen those we didn’t bother to shake hands. sovereign region I couldn’t count on dramatic increases in productivity That’s not quite our culture to do that. the sanctity of the contract. that’s added real wealth to the United As a matter of fact, if you shake hands It’s real clear to me there’s a risk States. Much of that can be attributed with somebody they say oh, I’ll come factor that will be factored in to any to the fact that we had tax cuts on cap- do that work for 5,000 bucks. When will future mortgages that we have under ital gains and dividends. That may you be there? Next Friday. Okay. this cramdown legislation. There will sound technical to talk about that, but That’s fine. If you shake hands, he’d be be higher down payments required be- the fact is, what are the real results thinking, you must not trust me then; cause that will minimize the risk to that we have seen from that? We’ve you’re going to make me shake hands the lenders, and there will be higher in- seen real wealth creation enhance- on it. Our word’s our bond. The hand- terest required that will minimize, and ment, not just for those at the top of shake is almost like a written con- that means everybody pays it. Every- the economic spectrum, those at every tract. And I’ve only had one of those body digs in for the down payment, es- level of the economic spectrum, and written contracts between my neigh- pecially for their first home. And also, that’s what we want. We want to see bors in all of those years. the higher interest rate that everyone everyone succeed. We don’t want to be But I know the value of a contract. will have to pay. about just punishing one aspect of And you’ve got to keep your word and And meanwhile, we’re going to re- American economic society. We want not break your word. ward people that openly committed all people in the United States to suc- Mrs. BACHMANN. If the gentleman fraud or misrepresentation or false pre- ceed. We do that when we unleash would yield. Imagine what your busi- tenses because this Congress refused to American productivity. We don’t do ness would have been like had a judge accept that language, even though the that when we punish the sector that been able to come in and open up that Judiciary Committee passed that lan- will allow us to have growth and pro- contract that you had with a purchaser guage out 21–3, changed the deal after ductivity. of your product and of your service, the fact. Mr. KING of Iowa. And reclaiming and let’s say your margin, your profit I thought we had a contract in the my time, that is the other side of the was maybe 2 percent or 6 percent. And Judiciary Committee. That contract equation. The positive side of the equa- you have a judge come in and alter has been torn asunder. The sanctity of tion is, let people earn all they want to those terms, let’s say, to 10 percent. that contract is gone. I guess I earn, keep all that they want to keep, What happens to your margin? It’s shouldn’t be surprised if the members obviously pay their taxes when they gone. You’re not only working for free, of the party and the committee would make their purchases. If we do that, you’re paying that person to work for come to this floor and vote for a we’ve raised the productivity on aver- them. cramdown legislation that would tear age of America. But the policies that That’s what we saw happen today on the contract of the mortgage asunder are coming from this Congress are di- the floor of this body. We saw con- just as well. minishing incrementally and some- tracts opened so that any margin that Mrs. BACHMANN. You know, it was times in huge increments the aspira- people were making, it’s gone. It’s just last week that the Wall Street tions and the inspirations of the Amer- gone. And so, what we’re doing is we’re Journal reported the estimate that the ican worker, producer and entre- violating that pillar of American premium would be an additional 2 per- preneurs. It will lower the average an- exceptionalism which is the sanctity of cent on a mortgage. That’s what the nual productivity of Americans. You’ll the contract, and the pillar of freedom cost would be if this cramdown legisla- see the GDP at least proportionally di- that says that we will keep contracts tion goes through. So if someone quali- minish. That means that the hope for inviolate, and we will observe the rule fies for a 6 percent mortgage, now they our children and grandchildren is less, of law. would be looking at an 8 percent mort- not more. And we have to be willing to What do people trust in? Why would gage. What that does is it takes scores take some risk. We have to be willing people make a contract in the future? of people out of being able to qualify to let some people fail. What business would do that? Because for a mortgage, just adding to the cost. I’ve had to stare failure in the eye. I now this Congress has set a standard And for what? lived for 31⁄2 years with a knot in my that says, no longer will your word be Over 92 percent of all Americans are stomach that wouldn’t go away be- your bond. responsible. They’re working. They’re cause I didn’t know whether I was Mr. KING of Iowa. Reclaiming my paying their mortgages on time. And going to be able to hold my business time. I’d just give an illustration of when you look at the trillions and tril- together or not during the farm crisis how that works. And I’ve had to make lions and trillions of dollars that have in the early 1980s. My bank closed April that decision a number of times in my been thrown at this housing problem,

VerDate Nov 24 2008 03:35 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.131 H05MRPT1 smartinez on PROD1PC64 with HOUSE H3052 CONGRESSIONAL RECORD — HOUSE March 5, 2009 and you have 92 percent of Americans Ms. KAPTUR, for 5 minutes, today. 784. A letter from the Secretary, American paying their mortgages on time, when (The following Members (at the re- Battle Monuments Commission, transmit- you look at these tens of trillions of quest of Mr. POE of Texas) to revise and ting the Commission’s annual report on the dollars now that are being thrown at extend their remarks and include ex- Federal Manager’s Financial Integrity Act in accordance with Public Law 97-255 and Pub- this, I think we could probably be pay- traneous material:) lic Law 100-504; to the Committee on Over- ing those mortgages off, multiple Mr. POE of Texas, for 5 minutes, sight and Government Reform. times, of the people who were in trou- March 12. 785. A letter from the Acting Special Coun- ble. It is so much money. It is so Mr. JONES, for 5 minutes, March 12. sel, Office of Special Counsel, transmitting unfathomable. I think that’s why you Mr. BROUN of Georgia, for 5 minutes, the Counsel’s fiscal year 2008 Performance see the American people running today. and Accountability Report; to the Com- mittee on Oversight and Government Re- scared right now, because they aren’t Mr. MCCOTTER, for 5 minutes, today. form. getting certainty out of Washington, f 786. A letter from the Chief, Regulations D.C. What they’re getting is uncer- SENATE BILL REFERRED and Administrative Law, Department of tainty. And we have a completely dif- Homeland Security, transmitting the De- ferent message. We have a message A bill of the Senate of the following partment’s final rule — Special Local Regu- meaning fairness. We have a message title was taken from the Speaker’s lation: ULHRA Hydroplane Races, Howard of hope, where we can turn the econ- table and, under the rule, referred as Amon Park, Richland, Washington [Docket omy around. We’ve done it before. We follows: No. USCG-2008-0376] (RIN: 1625-AA00) received February 26, 2009, pursuant to 5 U.S.C. can do it again. We cut people’s capital S. 520. An act to designate the United States courthouse under construction at 327 801(a)(1)(A); to the Committee on Transpor- gains tax, we cut the corporate busi- tation and Infrastructure. ness tax. We cut their marginal tax. South Church Street, Rockford, Illinois, as f Why do we do all that? Because we the ‘‘Stanley J. Roszkowski United States Courthouse’’; to the Committee on Transpor- REPORTS OF COMMITTEES ON want simplicity and we want fairness tation and Infrastructure. for people in the tax code. Everybody PUBLIC BILLS AND RESOLUTIONS f should have to pay something. But it Under clause 2 of rule XIII, reports of needs to be fair. ADJOURNMENT committees were delivered to the Clerk The SPEAKER pro tempore (Mr. Mr. ARCURI. Mr. Speaker, I move for printing and reference to the proper CHILDERS). The time of the gentleman that the House do now adjourn. calendar, as follows: has expired. The motion was agreed to; accord- Mr. MCGOVERN: Committee on Rules. Mr. KING of Iowa. Reclaiming the ingly (at 10 o’clock and 45 minutes House Resolution 218. Resolution waiving a balance of my time and yielding it p.m.), the House adjourned until to- requirement of clause 6(a) of rule XIII with back to the Speaker, I thank you for morrow, Friday, March 6, 2009, at 9 respect to consideration of certain resolu- your indulgence. tions reported from the Committee on Rules a.m. (Rept. 111–24). Referred to the House Cal- f f endar. b 2245 EXECUTIVE COMMUNICATIONS, f REPORT ON RESOLUTION WAIVING ETC. PUBLIC BILLS AND RESOLUTIONS REQUIREMENT OF CLAUSE 6(a) Under clause 8 of rule XII, executive Under clause 2 of rule XII, public OF RULE XIII WITH RESPECT TO communications were taken from the bills and resolutions were introduced CONSIDERATION OF CERTAIN Speaker’s table and referred as follows: and severally referred, as follows: RESOLUTIONS 778. A letter from the House Democracy By Mrs. BONO MACK (for herself, Mr. Mr. ARCURI, from the Committee on Assistance Commission, Chairman, trans- BARROW, and Mr. BARTON of Texas): mitting the Commission’s 2008 annual report Rules, submitted a privileged report H.R. 1319. A bill to prevent the inadvertent in accordance with Section 3(c) of House Res- disclosure of information on a computer (Rept. No. 111–24) on the resolution (H. olution 24, passed by the United States through the use of certain ‘‘peer-to-peer’’ file Res. 218) waiving a requirement of House of Representatives during the 110th sharing software without first providing no- clause 6(a) of rule XIII with respect to Congress; to the Committee on Foreign Af- tice and obtaining consent from the owner or consideration of certain resolutions re- fairs. authorized user of the computer; to the Com- ported from the Committee on Rules, 779. A letter from the Chairman, Council of mittee on Energy and Commerce. which was referred to the House Cal- the District of Columbia, transmitting a By Mr. CLAY (for himself and Mr. endar and ordered to be printed. copy of D.C. ACT 18-21, ‘‘Library Kiosk Serv- TOWNS): ices Temporary Act of 2009,’’ pursuant to H.R. 1320. A bill to amend the Federal Ad- f D.C. Code section 1-233(c)(1); to the Com- visory Committee Act to increase the trans- mittee on Oversight and Government Re- LEAVE OF ABSENCE parency and accountability of Federal advi- form. sory committees, and for other purposes; to By unanimous consent, leave of ab- 780. A letter from the Chairman, Council of the Committee on Oversight and Govern- sence was granted to: the District of Columbia, transmitting a ment Reform. Mr. DAVIS of Illinois (at the request copy of D.C. ACT 18-20, ‘‘Metropolitan Police By Ms. ESHOO (for herself, Ms. HAR- Department Subpoena Limitation Tem- of Mr. HOYER) for today until 5 p.m. MAN, Ms. WASSERMAN SCHULTZ, Mr. porary Amendment Act of 2009,’’ pursuant to COOPER, Mrs. EMERSON, Mr. CASTLE, f D.C. Code section 1-233(c)(1); to the Com- and Mr. WELCH): SPECIAL ORDERS GRANTED mittee on Oversight and Government Re- H.R. 1321. A bill to provide affordable, form. guaranteed private health coverage that will By unanimous consent, permission to 781. A letter from the Chairman, Council of make Americans healthier and can never be address the House, following the legis- the District of Columbia, transmitting a taken away; to the Committee on Energy lative program and any special orders copy of D.C. ACT 18-19, ‘‘Disclosure to the and Commerce, and in addition to the Com- heretofore entered, was granted to: United States District Court Temporary mittees on Ways and Means, Education and (The following Members (at the re- Amendment Act of 2009,’’ pursuant to D.C. Labor, and Oversight and Government Re- Code section 1-233(c)(1); to the Committee on form, for a period to be subsequently deter- quest of Mr. MCDERMOTT) to revise and Oversight and Government Reform. mined by the Speaker, in each case for con- extend their remarks and include ex- 782. A letter from the Chairman, Council of sideration of such provisions as fall within traneous material:) the District of Columbia, transmitting a the jurisdiction of the committee concerned. Mr. CUMMINGS, for 5 minutes, today. copy of D.C. ACT 18-22, ‘‘Vending Regulation By Mr. TIERNEY (for himself, Mr. Ms. WASSERMAN SCHULTZ, for 5 min- Temporary Act of 2009,’’ pursuant to D.C. GEORGE MILLER of California, and Mr. utes, today. Code section 1-233(c)(1); to the Committee on ANDREWS): Ms. WOOLSEY, for 5 minutes, today. Oversight and Government Reform. H.R. 1322. A bill to amend title I of the Em- 783. A letter from the Secretary, American ployee Retirement Income Security Act of Mr. TOWNS, for 5 minutes, today. Battle Monuments Commission, transmit- 1974 to provide emergency protection for re- Mr. DEFAZIO, for 5 minutes, today. ting the Commission’s competitive sourcing tiree health benefits; to the Committee on Mr. MCDERMOTT, for 5 minutes, report for 2008, pursuant to Public Law 108- Education and Labor. today. 109; to the Committee on Oversight and Gov- By Mr. DRIEHAUS (for himself and Mr. Mr. HEINRICH, for 5 minutes, today. ernment Reform. TOWNS):

VerDate Nov 24 2008 03:57 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.132 H05MRPT1 smartinez on PROD1PC64 with HOUSE March 5, 2009 CONGRESSIONAL RECORD — HOUSE H3053 H.R. 1323. A bill to require the Archivist of By Mr. FRANK of Massachusetts (for the Committee on Oversight and Govern- the United States to promulgate regulations himself, Mr. BERMAN, Mr. SHERMAN, ment Reform, and in addition to the Com- regarding the use of information control des- and Mr. MEEKS of New York): mittee on Education and Labor, for a period ignations, and for other purposes; to the H.R. 1327. A bill to authorize State and to be subsequently determined by the Speak- Committee on Oversight and Government local governments to direct divestiture from, er, in each case for consideration of such pro- Reform. and prevent investment in, companies with visions as fall within the jurisdiction of the By Ms. WOOLSEY (for herself, Mr. investments of $20,000,000 or more in Iran’s committee concerned. ELLISON, Mr. STARK, Mr. HINCHEY, energy sector, and for other purposes; to the By Mrs. HALVORSON (for herself, Mr. Mr. RUSH, Mr. MCGOVERN, Mr. Committee on Financial Services. FILNER, Ms. BORDALLO, Mr. ROSS, Ms. GRIJALVA, Mr. SIRES, Mr. PAYNE, Ms. By Mr. BISHOP of New York (for him- KAPTUR, Mr. CHILDERS, Mr. HIRONO, Mr. LOEBSACK, Mr. BISHOP of self, Mr. HINCHEY, and Mrs. LATOURETTE, Mr. WALZ, Mr. SABLAN, Georgia, Mr. VAN HOLLEN, Ms. BERK- MALONEY): Mr. KISSELL, Mr. NYE, Mr. CONNOLLY LEY, Mr. FILNER, Mr. CHANDLER, Mr. H.R. 1328. A bill to amend the Internal Rev- of Virginia, Mr. LUJA´ N, Mr. CONNOLLY of Virginia, Mrs. CAPPS, enue Code of 1986 to allow an unlimited ex- DELAHUNT, Mr. PIERLUISI, Mr. POLIS Mr. COHEN, Ms. BALDWIN, Ms. ESHOO, clusion from transfer taxes for certain farm- of Colorado, Mr. HEINRICH, and Ms. Mr. DOYLE, Mr. ISRAEL, Ms. land and land of conservation value, and for KILROY): WASSERMAN SCHULTZ, Mr. GUTIERREZ, other purposes; to the Committee on Ways H.R. 1335. A bill to amend title 38, United Mr. BISHOP of New York, Ms. MOORE and Means. States Code, to prohibit the Secretary of of Wisconsin, Mr. MCDERMOTT, Ms. By Mr. BLUMENAUER (for himself, Veterans Affairs from collecting certain co- SLAUGHTER, Mr. BACA, Mrs. Mrs. TAUSCHER, and Mr. payments from veterans who are catastroph- MALONEY, Mr. SARBANES, Mr. KEN- LATOURETTE): ically disabled; to the Committee on Vet- NEDY, Ms. MCCOLLUM, Mr. CUMMINGS, H.R. 1329. A bill to amend title 49, United erans’ Affairs. Mr. CARSON of Indiana, Mr. TIERNEY, States Code, to support efforts by States and By Ms. HERSETH SANDLIN (for her- Ms. JACKSON-LEE of Texas, Mr. ROTH- eligible local and regional entities to develop self and Mr. BOOZMAN): MAN of New Jersey, Ms. BORDALLO, and implement plans to reduce greenhouse Mr. RYAN of Ohio, Mr. PALLONE, Mr. gas emissions from the transportation sec- H.R. 1336. A bill to amend title 38, United WU, Mr. WAXMAN, Mr. KAGEN, Mr. tor, and for other purposes; to the Com- States Code, to make certain improvements SESTAK, Mr. POLIS of Colorado, Ms. mittee on Transportation and Infrastruc- in the basic educational assistance program LEE of California, Ms. EDDIE BERNICE ture. administered by the Secretary of Veterans JOHNSON of Texas, Mr. COURTNEY, By Mr. BOREN: Affairs, and for other purposes; to the Com- H.R. 1330. A bill to amend the Public Mrs. LOWEY, Mr. HARE, Mr. BOSWELL, mittee on Veterans’ Affairs, and in addition Health Service Act, the Employee Retire- Mr. CONYERS, Mr. JOHNSON of Geor- to the Committee on Armed Services, for a ment Income Security Act of 1974, the Inter- gia, Mr. MOORE of Kansas, Mr. BRADY period to be subsequently determined by the nal Revenue Code of 1986, and title 5, United of Pennsylvania, Ms. SUTTON, Mr. Speaker, in each case for consideration of States Code, to require that group and indi- HONDA, Ms. SHEA-PORTER, Mr. SMITH such provisions as fall within the jurisdic- vidual health insurance coverage and group of Washington, Mr. FARR, Mr. tion of the committee concerned. health plans and Federal employees health KUCINICH, Mr. ANDREWS, Ms. CLARKE, By Mr. LARSON of Connecticut (for benefit plans provide coverage of colorectal Mrs. DAVIS of California, Mr. DAVIS himself, Mr. GEORGE MILLER of Cali- cancer screening; to the Committee on En- of Illinois, Mr. HINOJOSA, Mr. HOLT, fornia, Mr. MCDERMOTT, Mr. ergy and Commerce, and in addition to the Mr. JACKSON of Illinois, Ms. KAPTUR, BLUMENAUER, Mr. HOLT, Mr. WU, and Committees on Ways and Means, Education Mr. KILDEE, Mr. LEWIS of Georgia, Mr. MORAN of Virginia): and Labor, and Oversight and Government Mr. MORAN of Virginia, Mr. NADLER Reform, for a period to be subsequently de- H.R. 1337. A bill to amend the Internal Rev- of New York, Mr. OLVER, Ms. ROY- termined by the Speaker, in each case for enue Code of 1986 to reduce carbon dioxide BAL-ALLARD, Ms. SCHAKOWSKY, Mrs. consideration of such provisions as fall with- emissions in the United States domestic en- TAUSCHER, Ms. WATSON, Mr. SCOTT of in the jurisdiction of the committee con- ergy supply; to the Committee on Ways and Virginia, Ms. WATERS, Mr. cerned. Means, and in addition to the Committee on BLUMENAUER, Ms. KILPATRICK of By Mrs. CAPITO (for herself, Mr. BACH- Foreign Affairs, for a period to be subse- Michigan, Mr. DEFAZIO, Mr. WEXLER, US, Mrs. BIGGERT, and Mr. SESSIONS): quently determined by the Speaker, in each Mr. CARNEY, Mr. GORDON of Ten- H.R. 1331. A bill to replace the HOPE for case for consideration of such provisions as nessee, Mr. YOUNG of Alaska, and Ms. Homeowners Program with a new program fall within the jurisdiction of the committee DEGETTE): developed and implemented by the Secretary concerned. H.R. 1324. A bill to amend the Child Nutri- of Housing and Urban Development; to the By Ms. LEE of California: tion Act of 1966 to improve the nutrition and Committee on Financial Services. health of schoolchildren and protect the Fed- H.R. 1338. A bill to amend the Elementary By Mr. COSTA (for himself, Mr. PUT- eral investment in the national school lunch and Secondary Education Act of 1965 to di- NAM, Mr. PETERSON, Mr. DEAL of and breakfast programs by updating the na- rect the Secretary of Education to make Georgia, Mr. CARDOZA, Mr. BARTON of tional school nutrition standards for foods grants to States for assistance in hiring ad- Texas, Mr. FARR, Mr. SHIMKUS, Mr. and beverages sold outside of school meals to ditional school-based mental health and stu- ENGEL, Mr. RADANOVICH, Mr. TERRY, conform to current nutrition science; to the dent service providers; to the Committee on Mr. SALAZAR, Mr. BOSWELL, Ms. Committee on Education and Labor. Education and Labor. HERSETH SANDLIN, Mr. WALDEN, Mr. By Ms. JACKSON-LEE of Texas (for By Mrs. MCCARTHY of New York (for CUELLAR, Mr. KAGEN, Ms. ROS- herself, Ms. WATSON, Ms. LEE of Cali- herself, Mr. TIBERI, Mr. GORDON of LEHTINEN, Mr. BURGESS, and Mr. fornia, Ms. KOSMAS, Ms. FUDGE, Ms. Tennessee, Mr. MCDERMOTT, Mr. INS- BACA): LEE, Mr. BARTLETT, Mr. BISHOP of CORRINE BROWN of Florida, Ms. KAP- H.R. 1332. A bill to amend the Federal Georgia, Mr. HINCHEY, Mr. ISRAEL, TUR, Mr. EDWARDS of Texas, Mr. Food, Drug, and Cosmetic Act with respect Ms. EDDIE BERNICE JOHNSON of Texas, PASCRELL, Mr. ELLISON, Mr. MEEKS of to the safety of the food supply; to the Com- Mr. KENNEDY, Mr. LEWIS of Georgia, New York, and Mr. CLEAVER): mittee on Energy and Commerce, and in ad- Mr. MOORE of Kansas, Mr. MORAN of H.R. 1325. A bill to require financial lit- dition to the Committee on Agriculture, for Virginia, Mr. PASCRELL, Mr. SMITH of eracy counseling for borrowers, and for other a period to be subsequently determined by New Jersey, Mr. TIERNEY, Mr. VAN purposes; to the Committee on Education the Speaker, in each case for consideration HOLLEN, Mr. FILNER, Mr. MCHUGH, and Labor. of such provisions as fall within the jurisdic- Mr. CARSON of Indiana, Ms. SUTTON, By Mr. TOWNS (for himself, Mr. tion of the committee concerned. Mr. CUMMINGS, Mr. WOLF, Mr. BISHOP REICHERT, Mr. LANGEVIN, Mr. BART- By Mr. GRIJALVA: of New York, Mr. GENE GREEN of LETT, Mrs. BONO MACK, Mr. BRALEY of H.R. 1333. A bill to amend chapter 40 of Texas, Ms. HIRONO, Ms. SLAUGHTER, Iowa, Mr. BUTTERFIELD, Mr. CAMP- title 18, United States Code, to exempt the Mr. HOLT, Mr. LINCOLN DIAZ-BALART BELL, Mrs. CAPPS, Mr. DOYLE, Mr. transportation, shipment, receipt, or impor- of Florida, Mr. GRIJALVA, Mr. DEFAZIO, Mr. FARR, Mr. ISRAEL, Mr. tation of explosive materials for delivery to MCGOVERN, Ms. SCHAKOWSKY, Ms. LOBIONDO, Ms. KAPTUR, Ms. KIL- a federally recognized Indian tribe or an KAPTUR, Mr. NADLER of New York, PATRICK of Michigan, Mrs. MALONEY, agency of such a tribe from various Federal Mr. WEXLER, Ms. LEE of California, Mr. MASSA, Mr. MOORE of Kansas, Mr. criminal prohibitions relating to explosives; Mr. SCOTT of Virginia, Mr. PIERLUISI, MORAN of Virginia, Mr. SMITH of New to the Committee on the Judiciary. Ms. BERKLEY, Mrs. EMERSON, Mr. Jersey, Mr. STARK, and Ms. WOOL- By Mr. GUTIERREZ (for himself, Ms. TAYLOR, and Mrs. MALONEY): SEY): CORRINE BROWN of Florida, Ms. BALD- H.R. 1326. A bill to prohibit the conducting WIN, and Mr. HINCHEY): H.R. 1339. A bill to amend the Public of invasive research on great apes, and for H.R. 1334. A bill to provide for livable Health Service Act, the Employee Retire- other purposes; to the Committee on Energy wages for Federal Government workers and ment Income Security Act of 1974, and the and Commerce. workers hired under Federal contracts; to Internal Revenue Code of 1986 to require that

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group and individual health insurance cov- DAVIS of Alabama, Mr. JOHNSON of By Mr. SESTAK: erage and group health plans provide cov- Georgia, and Mr. HODES): H.R. 1355. A bill to amend the National erage for treatment of a minor child’s con- H.R. 1346. A bill to amend the Federal Labor Relations Act to require employers to genital or developmental deformity or dis- Food, Drug, and Cosmetic Act with respect provide labor organizations with equal ac- order due to trauma, infection, tumor, or to liability under State and local require- cess to employees prior to an election re- disease; to the Committee on Energy and ments respecting devices; to the Committee garding representation, to prevent delays in Commerce, and in addition to the Commit- on Energy and Commerce. initial collective bargaining, and to tees on Education and Labor, and Ways and By Mr. PASCRELL (for himself, Mr. strengthen enforcement against intimida- Means, for a period to be subsequently deter- PLATTS, and Mr. MEEKS of New tion of employees by employers; to the Com- mined by the Speaker, in each case for con- York): mittee on Education and Labor. sideration of such provisions as fall within H.R. 1347. A bill to amend title III of the By Mr. SESTAK: the jurisdiction of the committee concerned. Public Health Service Act to provide for the H.R. 1356. A bill to reduce foreclosures of By Mr. GEORGE MILLER of California establishment and implementation of con- residential mortgages; to the Committee on (for himself and Mr. SENSEN- cussion management guidelines with respect Financial Services. BRENNER): to school-aged children, and for other pur- By Mr. STUPAK: H.R. 1340. A bill to provide for the admis- poses; to the Committee on Energy and Com- H.R. 1357. A bill to authorize the Secretary sion to the United States of certain Tibet- merce. of the Navy to convey the former Navy Ex- ans; to the Committee on the Judiciary. By Mr. PAUL: tremely Low Frequency communications By Mr. MOORE of Kansas (for himself, H.R. 1348. A bill to require the Board of project site in Republic, Michigan, to Hum- Mrs. BIGGERT, Mr. DRIEHAUS, and Mr. Governors of the Federal Reserve System to boldt Township in Marquette County, Michi- PAULSEN): publish information on financial assistance gan; to the Committee on Armed Services. H.R. 1341. A bill to amend the Emergency provided to various entities, and for other By Mr. STUPAK: Economic Stabilization Act of 2008 to pro- purposes; to the Committee on Financial H.R. 1358. A bill to reaffirm and clarify the vide the Special Inspector General with addi- Services. Federal relationship of the Burt Lake Band tional authorities and responsibilities, and By Mr. PERLMUTTER (for himself and as a distinct federally recognized Indian for other purposes; to the Committee on Fi- Mr. LUCAS): Tribe, and for other purposes; to the Com- H.R. 1349. A bill to establish the Federal nancial Services, and in addition to the Com- mittee on Natural Resources. Accounting Oversight Board to approve and mittee on Oversight and Government Re- By Mr. STUPAK (for himself and Mr. oversee accounting principles and standards form, for a period to be subsequently deter- SMITH of Texas): for the purposes of the Federal financial reg- mined by the Speaker, in each case for con- H.R. 1359. A bill to amend the Controlled ulatory agencies, and for other purposes; to sideration of such provisions as fall within Substances Act to provide for take-back dis- the Committee on Financial Services. the jurisdiction of the committee concerned. posal of controlled substances in certain in- By Mr. PITTS (for himself, Mr. AKIN, By Mr. MORAN of Virginia: stances, and for other purposes; to the Com- Mr. PENCE, Mr. CANTOR, Mr. H.R. 1342. A bill to amend the Solid Waste mittee on Energy and Commerce, and in ad- LAMBORN, Mr. BARTLETT, Mr. Disposal Act to provide for the reduction of dition to the Committee on the Judiciary, FORTENBERRY, Mr. FRANKS of Ari- greenhouse gases, and for other purposes; to for a period to be subsequently determined zona, Mr. BURTON of Indiana, Mr. the Committee on Energy and Commerce. by the Speaker, in each case for consider- RYAN of Wisconsin, Mr. MANZULLO, By Mrs. MYRICK: ation of such provisions as fall within the ju- Ms. FALLIN, Mr. BRADY of Texas, Mr. H.R. 1343. A bill to provide immunity from risdiction of the committee concerned. BISHOP of Utah, Mr. FLEMING, Mr. civil liability to first responders engaged in By Ms. SUTTON: NEUGEBAUER, Mr. SHIMKUS, Mr. lawful efforts to prevent acts of terrorism, H.R. 1360. A bill to require an annual re- HENSARLING, Mr. CONAWAY, Mrs. and for other purposes; to the Committee on port on contract oversight by Federal de- BACHMANN, Mr. KINGSTON, Mr. the Judiciary. partments and agencies; to the Committee MCHENRY, Mr. WAMP, Mr. BROWN of By Mrs. MYRICK: on Oversight and Government Reform. South Carolina, and Mr. SMITH of H.R. 1344. A bill to amend the Internal Rev- By Mr. TOWNS (for himself, Ms. LINDA New Jersey): enue Code of 1986 to extend and modify the T. SA´ NCHEZ of California, Mr. POLIS H.R. 1350. A bill to provide for research on, homebuyer tax credit; to the Committee on of Colorado, Ms. BORDALLO, Ms. Ways and Means. and services for individuals with, post-abortion depression and psychosis; to the Com- CORRINE BROWN of Florida, Mr. By Ms. NORTON: CHILDERS, Mr. CONYERS, Mr. HINCHEY, H.R. 1345. A bill to amend title 5, United mittee on Energy and Commerce. By Mr. POMEROY (for himself, Mr. Ms. HIRONO, Mr. LOEBSACK, Mr. States Code, to eliminate the discriminatory MCDERMOTT, Mr. MILLER of North TIBERI, Mr. MEEK of Florida, Mr. treatment of the District of Columbia under Carolina, Mrs. NAPOLITANO, Mr. KIND, and Ms. JENKINS): the provisions of law commonly referred to REYES, Ms. ROYBAL-ALLARD, Ms. as the ‘‘Hatch Act’’; to the Committee on H.R. 1351. A bill to amend the Internal Rev- enue Code of 1986 to treat computer tech- SHEA-PORTER, Mr. GRIJALVA, and Mr. Oversight and Government Reform. HONDA): By Mr. PALLONE (for himself, Mr. nology and equipment as eligible higher education expenses for 529 plans, to allow cer- H.R. 1361. A bill to increase the recruit- WAXMAN, Mrs. CAPPS, Mr. STUPAK, tain individuals a credit against income tax ment and retention of school counselors, Mr. BISHOP of Georgia, Mr. GRIJALVA, for contributions to 529 plans, and for other school social workers, and school psycholo- Mr. HINCHEY, Mr. DOYLE, Mr. HIG- purposes; to the Committee on Ways and gists by low-income local educational agen- GINS, Mr. OLVER, Ms. SCHAKOWSKY, Means. cies; to the Committee on Education and Mr. BRALEY of Iowa, Mr. DINGELL, By Mr. POMEROY (for himself, Mr. Labor. Mr. WEINER, Mr. SARBANES, Ms. SUT- WILSON of Ohio, Mr. TIM MURPHY of By Mr. VAN HOLLEN (for himself, Mr. TON, Mr. WEXLER, Mr. NADLER of New Pennsylvania, Mr. TIBERI, and Mr. BURGESS, Mrs. MALONEY, Mr. UPTON, York, Mr. BACA, Mr. HINOJOSA, Mr. GUTHRIE): Mr. CARNAHAN, and Mr. KING of New GENE GREEN of Texas, Mr. TERRY, Mr. H.R. 1352. A bill to amend title XVI of the York): KUCINICH, Mr. MARKEY of Massachu- Social Security Act to clarify that the value H.R. 1362. A bill to amend the Public setts, Ms. ZOE LOFGREN of California, of certain funeral and burial arrangements Health Service Act to provide for the estab- Mr. LIPINSKI, Mr. WU, Ms. DEGETTE, are not to be considered available resources lishment of permanent national surveillance Ms. HIRONO, Mr. DELAHUNT, Mr. under the supplemental security income pro- systems for multiple sclerosis, Parkinson’s SCOTT of Virginia, Ms. WASSERMAN gram; to the Committee on Ways and Means. disease, and other neurological diseases and SCHULTZ, Mr. BLUMENAUER, Mr. LIN- By Mr. PUTNAM (for himself and Mr. disorders; to the Committee on Energy and COLN IAZ ALART D -B of Florida, Mr. MARKEY of Massachusetts): Commerce. BRADY of Pennsylvania, Mr. H.R. 1353. A bill to extend the registration By Mr. WEINER: CONNOLLY of Virginia, Mr. MEEKS of and reporting requirements of the Federal H.R. 1363. A bill to establish the New York, Mr. CONYERS, Mr. JOHNSON securities laws to certain housing-related GothamCorps program; to the Committee on of Illinois, Mr. ROTHMAN of New Jer- Government-sponsored enterprises, and for Education and Labor. sey, Ms. CASTOR of Florida, Ms. NOR- other purposes; to the Committee on Finan- By Mr. WEINER: TON, Mr. LYNCH, Mr. BERMAN, Mr. cial Services. H.R. 1364. A bill to amend the Social Secu- BOSWELL, Mr. SCHIFF, Ms. DELAURO, By Mr. REHBERG: rity Act and the Public Health Service Act Mr. LOEBSACK, Mr. STARK, Mr. FIL- H.R. 1354. A bill to make the National to provide for sex education, substance abuse NER, Mr. RUSH, Mrs. MCCARTHY of Parks and Federal Recreational Lands Pass treatment and prevention, and for other pur- New York, Mrs. CHRISTENSEN, Mr. available at a discount to certain veterans; poses; to the Committee on Energy and Com- MCNERNEY, Ms. BALDWIN, Mr. to the Committee on Natural Resources, and merce. BUTTERFIELD, Ms. SLAUGHTER, Ms. in addition to the Committee on Agriculture, By Mr. WEINER: MATSUI, Ms. EDDIE BERNICE JOHNSON for a period to be subsequently determined H.R. 1365. A bill to amend the Truth in of Texas, Ms. JACKSON-LEE of Texas, by the Speaker, in each case for consider- Lending Act to require a store in which a Mr. HASTINGS of Florida, Mr. AL ation of such provisions as fall within the ju- consumer may apply to open a credit or GREEN of Texas, Mr. WELCH, Mr. risdiction of the committee concerned. charge card account to display a sign, at

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each location where the application may be ZOE LOFGREN of California, Mrs. eral grants that are available; to the Com- made, containing the same information re- LOWEY, Mr. MAFFEI, Ms. MATSUI, Mrs. mittee on Natural Resources. quired by such Act to be prominently placed MCCARTHY of New York, Ms. MCCOL- f in a tabular format on the application; to LUM, Mr. MCGOVERN, Mr. MILLER of the Committee on Financial Services. North Carolina, Mr. MORAN of Vir- PRIVATE BILLS AND By Mr. WEINER: ginia, Mrs. NAPOLITANO, Ms. NORTON, RESOLUTIONS H.R. 1366. A bill to protect innocent parties Mr. OLVER, Mr. PAYNE, Mr. PRICE of Under clause 3 of rule XII, from certain fees imposed by depository in- North Carolina, Mr. RANGEL, Ms. Mr. GONZALEZ introduced A bill (H.R. stitutions for dishonored checks, and for RICHARDSON, Mr. RODRIGUEZ, Ms. 1372) for the relief of Vicente Beltran Luna; other purposes; to the Committee on Finan- SCHAKOWSKY, Mr. SCOTT of Georgia, which was referred to the Committee on the cial Services. Ms. SHEA-PORTER, Mr. SIRES, Mrs. Judiciary. By Mr. WEINER: TAUSCHER, Mr. THOMPSON of Cali- H.R. 1367. A bill to strengthen the liability fornia, Ms. VELA´ ZQUEZ, Ms. f of parent companies for violations of sanc- WASSERMAN SCHULTZ, Ms. WATERS, ADDITIONAL SPONSORS TO PUBLIC tions by foreign entities, and for other pur- Ms. WATSON, Mr. WATT, Mr. WAXMAN, BILLS AND RESOLUTIONS poses; to the Committee on Foreign Affairs. Mr. WILSON of Ohio, Mr. BAIRD, Ms. By Mr. WEINER: ROYBAL-ALLARD, Ms. GRANGER, Ms. Under clause 7 of rule XII, sponsors H.R. 1368. A bill to amend the Internal Rev- BORDALLO, Ms. MOORE of Wisconsin, were added to public bills and resolu- enue Code of 1986 to require the Secretary of Mr. SHULER, Mr. ENGEL, Mr. BACA, tions as follows: the Treasury to establish an Auto File Pro- and Ms. CORRINE BROWN of Florida): H.R. 22: Mr. HOLT, Mr. FRELINGHUYSEN, Mr. gram which provides certain individuals with H. Res. 211. A resolution supporting the WILSON of South Carolina, Mr. TIERNEY, Mr. income tax forms containing pre-filled infor- goals and ideals of National Women’s His- LOBIONDO, Mr. JOHNSON of Georgia, Mr. mation; to the Committee on Ways and tory Month; to the Committee on Oversight LOEBSACK, Mr. THOMPSON of Pennsylvania, Means. and Government Reform. Mr. SCHAUER, Mr. KING of New York, and Mr. By Mr. WEINER: By Mr. FLAKE: H.R. 1369. A bill to amend the Internal Rev- H. Res. 212. A resolution raising a question FARR. H.R. 24: Mr. GORDON of Tennessee, Mr. enue Code of 1986 to expand and improve the of the privileges of the House. FORBES, Mr. BAIRD, Mr. MORAN of Kansas, dependent care tax credit; to the Committee By Mr. BACA: on Ways and Means. H. Res. 213. A resolution urging the estab- Mr. TAYLOR, Mr. DOYLE, Mrs. TAUSCHER, Ms. By Mr. WEINER: lishment and observation of a legal public WOOLSEY, Mr. MOLLOHAN, Mr. DELAHUNT, Mr. H.R. 1370. A bill to improve the protections holiday in honor of Cesar E. Chavez; to the PASCRELL, and Mr. BUTTERFIELD. H.R. 31: Mr. SMITH. of Texas. afforded under Federal law to consumers Committee on Oversight and Government H.R. 74: Mr. MCCOTTER. from contaminated seafood by directing the Reform. H.R. 82: Mr. MCCAUL, Mr. MURTHA, and Mr. Secretary of Commerce to establish a pro- By Mr. GUTHRIE (for himself, Mr. gram, in coordination with other appropriate BRADY of Pennsylvania. ROGERS of Kentucky, Mr. WHITFIELD, Federal agencies, to strengthen activities for H.R. 104: Ms. SUTTON, Mr. HOLT, and Mr. Mr. CHANDLER, Mr. DAVIS of Ken- ensuring that seafood sold or offered for sale MCGOVERN. tucky, and Mr. YARMUTH): H.R. 111: Mr. TONKO, Mr. LOBIONDO, and to the public in or affecting interstate com- H. Res. 214. A resolution recognizing the ef- merce is fit for human consumption; to the Mr. ANDREWS. forts of the countless volunteers who helped H.R. 154: Mr. LOEBSACK, Mr. JACKSON of Il- Committee on Energy and Commerce, and in the Commonwealth of Kentucky recover addition to the Committee on Agriculture, linois, and Mr. CARSON of Indiana. from the ice storm of January 2009; to the H.R. 209: Mr. CONYERS. for a period to be subsequently determined Committee on Oversight and Government by the Speaker, in each case for consider- H.R. 211: Mrs. DAVIS of California, Ms. ZOE Reform. LOFGREN of California, Mr. CARNEY, Mr. ation of such provisions as fall within the ju- By Mr. HONDA (for himself, Ms. risdiction of the committee concerned. TOWNS, Mr. MACK, Ms. HARMAN, Mr. COOPER, VELA´ ZQUEZ, Ms. LEE of California, By Mr. WEINER: Mr. EHLERS, Mr. BOSWELL, Mr. MCCOTTER, and Mr. KILDEE): H.R. 1371. A bill to require the establish- Mr. HINCHEY, Mr. HONDA, Ms. BALDWIN, and H. Res. 215. A resolution congratulating ment of regional consumer price indices to Mr. GENE GREEN of Texas. the Minority Business Development Agency compute cost-of-living increases under the H.R. 213: Mr. DEAL of Georgia. on its 40th anniversary and commending its programs for Social Security and Medicare H.R. 226: Mr. POLIS of Colorado, Mr. CAO, achievements in fostering the establishment and other medical benefits under titles II Mr. PAULSEN, and Mr. LUETKEMEYER. and growth of minority businesses in the and XVIII of the Social Security Act; to the H.R. 231: Mr. EDWARDS of Texas. United States; to the Committee on Finan- H.R. 272: Mr. GRAVES, Mr. WHITFIELD, Mrs. Committee on Ways and Means, and in addi- cial Services, and in addition to the Com- MYRICK, and Mr. LATHAM. tion to the Committees on Energy and Com- mittee on Small Business, for a period to be H.R. 302: Mr. KIRK. merce, and Education and Labor, for a period subsequently determined by the Speaker, in H.R. 305: Mr. LANCE, Mr. GRIJALVA, and Mr. to be subsequently determined by the Speak- each case for consideration of such provi- GOODLATTE. er, in each case for consideration of such pro- sions as fall within the jurisdiction of the H.R. 327: Mr. WILSON of South Carolina. visions as fall within the jurisdiction of the committee concerned. H.R. 336: Mr. TONKO. committee concerned. By Mr. PAUL (for himself, Mr. BART- H.R. 406: Mrs. LOWEY, Mr. SCOTT of Vir- By Mr. KIND (for himself, Mr. OBEY, LETT, Mr. BUCHANAN, Mr. BURTON of ginia, Ms. KOSMAS, Mrs. TAUSCHER, Ms. Mr. SENSENBRENNER, Mr. PETRI, Ms. Indiana, and Mr. JONES): WASSERMAN SCHULTZ, Ms. DEGETTE, Mr. BALDWIN, Mr. RYAN of Wisconsin, Ms. H. Res. 216. A resolution amending the LANGEVIN, Mr. CAO, and Mr. BUYER. MOORE of Wisconsin, and Mr. KAGEN): Rules of the House of Representatives to en- H.R. 430: Mr. ROONEY. H. Con. Res. 69. Concurrent resolution hon- sure that Members have a reasonable H.R. 482: Mr. ROONEY. oring the 100th anniversary of Fort McCoy in amount of time to read legislation that will H.R. 483: Mr. MCCOTTER. Sparta, Wisconsin; to the Committee on be voted upon; to the Committee on Rules. H.R. 484: Mr. BARROW, Mr. WAMP, Mr. Armed Services. By Mr. YARMUTH (for himself and LOEBSACK, and Mr. PAULSEN. By Ms. WOOLSEY (for herself, Ms. Mrs. BIGGERT): H.R. 500: Mr. KAGEN. BALDWIN, Ms. BERKLEY, Mr. H. Res. 217. A resolution recognizing the H.R. 503: Ms. LEE of California, Mr. MOORE BLUMENAUER, Mr. BRALEY of Iowa, week of March 15 through March 21, 2009, as of Kansas, Mr. MEEKS of New York, Mrs. Mr. CAPUANO, Mr. CARDOZA, Ms. CAS- ‘‘National Safe Place Week’’; to the Com- TAUSCHER, Ms. KILPATRICK of Michigan, and TOR of Florida, Mrs. CHRISTENSEN, mittee on Education and Labor. Mr. BLUMENAUER. Ms. CLARKE, Mr. CLEAVER, Mr. CON- H.R. 564: Mr. STARK, Mr. WU, and Mr. f YERS, Mr. CROWLEY, Mrs. WEINER. DAHLKEMPER, Mr. DAVIS of Illinois, MEMORIALS H.R. 569: Mr. BRADY of Pennsylvania, Mr. Mrs. DAVIS of California, Mr. DAVIS ORTIZ, Mr. MASSA, Mr. SESTAK, and Mrs. of Tennessee, Ms. DEGETTE, Ms. Under clause 3 of rule XII, TAUSCHER. DELAURO, Mr. ELLISON, Mr. 9. The SPEAKER presented a memorial of H.R. 574: Mr. ROGERS of Alabama, Mr. ETHERIDGE, Mr. FOSTER, Mr. FRANK the Senate of the Northern Mariana Islands, MCGOVERN, Mr. DOYLE, Mr. AKIN, Mr. BISHOP of Massachusetts, Ms. FUDGE, Ms. relative to Senate Resolution No. 16-27 re- of Georgia, Mr. PIERLUISI, Mr. MOORE of Kan- GIFFORDS, Mr. AL GREEN of Texas, questing the Honorable Governor Benigno R. sas, Mr. RYAN of Ohio, Mr. BARTLETT, Mrs. Mr. GENE GREEN of Texas, Mr. HALL Fitial to seek the assistance of the Pacific EMERSON, Mr. BOSWELL, and Mr. SESTAK. of New York, Mr. HARE, Ms. HARMAN, Council of Federal Agency Affiliates to con- H.R. 577: Mr. REHBERG, Mr. LATHAM, Ms. Ms. JACKSON-LEE of Texas, Ms. KAP- duct annual or semi-annual training and DEGETTE, Mr. CAPUANO, and Mr. TIERNEY. TUR, Mr. KILDEE, Ms. KILROY, Ms. other professional development opportuni- H.R. 591: Mr. COHEN. KILPATRICK of Michigan, Mr. KLEIN of ties in key subject areas that will assist the H.R. 616: Ms. KILROY, Mr. BOOZMAN, Mr. Florida, Ms. LEE of California, Mr. Commonwealth of the Northern Mariana Is- MICHAUD, Mr. GOHMERT, Mr. WITTMAN, and LEWIS of Georgia, Mr. LOEBSACK, Ms. lands to take full advantage of the many fed- Mr. DAVIS of Tennessee.

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H.R. 618: Ms. DEGETTE. Mr. PENCE, Mr. JORDAN of Ohio, Mr. BISHOP vania, Ms. CORRINE BROWN of Florida, Mr. H.R. 626: Mrs. MCCARTHY of New York and of Utah, and Mr. NEUGEBAUER. CARDOZA, Mr. CARSON of Indiana, Mr. CON- Mr. CONYERS. H.R. 1059: Mr. ROONEY. YERS, Mr. CUELLAR, Mr. CUMMINGS, Mr. H.R. 634: Mr. CANTOR. H.R. 1066: Mr. MITCHELL, Mr. PLATTS, and DAVIS of Alabama, Mrs. DAVIS of California, H.R. 636: Mr. CALVERT. Mr. GRIJALVA. Ms. EDWARDS of Maryland, Mr. ETHERIDGE, H.R. 676: Mr. JACKSON of Illinois and Mr. H.R. 1075: Mr. CAO, Mr. TAYLOR, and Ms. Mr. FATTAH, Ms. FUDGE, Mr. GONZALEZ, Mr. RYAN of Ohio. KOSMAS. AL GREEN of Texas, Mr. HASTINGS of Florida, H.R. 684: Mr. WEXLER and Mr. CARNEY. H.R. 1076: Mr. GALLEGLY and Mr. FRANKS of Mr. HINCHEY, Ms. HIRONO, Mr. HODES, Mr. H.R. 745: Mr. TIBERI. Arizona. JACKSON of Illinois, Ms. JACKSON-LEE of H.R. 758: Ms. KAPTUR. H.R. 1080: Mr. GRIJALVA. Texas, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 800: Mr. DINGELL. H.R. 1081: Mr. ROSS and Mr. MCINTYRE. Mr. JOHNSON of Georgia, Ms. KILPATRICK of H.R. 801: Mrs. MALONEY. H.R. 1132: Mr. WESTMORELAND, Mr. JONES, Michigan, Mr. LUJA´ N, Mr. MEEKS of New H.R. 804: Mr. GRIJALVA. Mrs. MALONEY, Mr. HOEKSTRA, Mr. MICHAUD, York, Mr. MILLER of North Carolina, Mr. H.R. 815: Mr. GORDON of Tennessee and Mr. Mr. FILNER, Mr. OLVER, Mr. BOOZMAN, Mr. PIERLUISI, Mr. RANGEL, Mr. REYES, Ms. RICH- SERRANO. LUCAS, Mr. LOBIONDO, Mr. BROWN of South ARDSON, Ms. LINDA T. SA´ NCHEZ of California, H.R. 816: Mr. BARROW, Mr. LARSEN of Wash- Carolina, and Mr. WHITFIELD. Mr. SCOTT of Virginia, Mr. SPACE, Mr. ington, Mr. BOUSTANY, Mr. HODES, and Ms. H.R. 1134: Mr. LOEBSACK. THOMPSON of Mississippi, Ms. WATERS, Ms. SUTTON. H.R. 1136: Mr. PETERSON, Mr. HERGER, Mr. WATSON, Mr. WATT, Mr. CAPUANO, and Mr. H.R. 836: Mr. CLAY, Mr. ALTMIRE, Mr. OLVER, Mr. SCHOCK, Mr. LINCOLN DIAZ- INSLEE. WITTMAN, Mr. HASTINGS of Washington, Mr. BALART of Florida, and Mr. ROGERS of Michi- H.R. 1317: Mr. KISSELL, Mr. MCHENRY, and LUETKEMEYER, Mr. SIMPSON, Mr. BARRETT of gan. Mr. PLATTS. South Carolina, Mr. GORDON of Tennessee, H.R. 1142: Ms. KAPTUR, Mr. MCGOVERN, Mr. H.J. Res. 1: Ms. GINNY BROWN-WAITE of Mr. LARSON of Connecticut, Mr. UPTON, Mr. TIERNEY, Mr. SMITH of New Jersey, Mr. Florida, Mr. BUYER, Mr. COFFMAN of Colo- BILBRAY, Mr. SENSENBRENNER, Mr. WOLF, and Mr. BACHUS. rado, Mrs. EMERSON, Mr. LOBIONDO, Mr. COURTNEY, Mr. CAPUANO, Mr. KILDEE, and H.R. 1151: Mr. HONDA. OLSON, and Mr. TURNER. Mr. HOLT. H.R. 1152: Mr. MORAN of Virginia and Mr. H.J. Res. 8: Mr. SIMPSON. H.R. 847: Mr. BISHOP of Georgia, Mr. DOYLE, HONDA. H.J. Res. 21: Ms. FOXX. and Mr. DENT. H.R. 1153: Mr. MORAN of Virginia, Mr. H.J. Res. 26: Mr. BISHOP of New York and H.R. 856: Mr. HUNTER. HONDA, and Mr. SESTAK. Mr. WOLF. H.R. 870: Ms. KAPTUR. H.R. 1154: Mr. MORAN of Virginia, Mr. H. Con. Res. 28: Mr. SCHIFF, Mr. SIRES, Ms. H.R. 872: Mr. DENT, Mr. PERLMUTTER, Mr. HONDA, and Mr. SESTAK. MCCOLLUM, Ms. WOOLSEY, Ms. SCHAKOWSKY, GENE GREEN of Texas, Mr. LANGEVIN, Mrs. H.R. 1161: Mr. SPACE, Mr. SESTAK, and Ms. Mr. BARTLETT, Ms. LORETTA SANCHEZ of Cali- CAPPS, Ms. BALDWIN, Mr. KIRK, Mr. ROYBAL-ALLARD. fornia, Mr. MASSA, Mr. MCDERMOTT, Mrs. CARNAHAN, Mrs. BONO MACK, and Mr. UPTON. H.R. 1165: Mr. CRENSHAW. MYRICK, Ms. DELAURO, Ms. JACKSON-LEE of H.R. 873: Mr. DENT, Mr. PERLMUTTER, Mr. H.R. 1166: Mr. SENSENBRENNER. Texas, Mr. STARK, and Mr. VAN HOLLEN. GENE GREEN of Texas, Mr. LANGEVIN, Mrs. H.R. 1173: Mr. SENSENBRENNER. H. Con. Res. 55: Mr. HALL of Texas, Mr. CAPPS, Ms. BALDWIN, Mr. KIRK, Mr. H.R. 1189: Mr. WOLF. BONNER, Mr. CONAWAY, Mr. HONDA, Mr. CARNAHAN, Mrs. BONO MACK, and Mr. UPTON. H.R. 1194: Mr. WITTMAN, Mr. MOORE of Kan- MCGOVERN, Mr. SHUSTER, Mr. CAPUANO, Mrs. H.R. 877: Mr. BLUNT. sas, Mr. MILLER of North Carolina, Mr. NAPOLITANO, and Mr. MARIO DIAZ-BALART of H.R. 878: Mr. BARTLETT and Mr. HOEKSTRA. ALTMIRE, Mr. OLVER, Mr. DAVIS of Alabama, Florida. H.R. 884: Ms. FOXX. Ms. ZOE LOFGREN of California, Mr. H. Con. Res. 60: Mr. LINCOLN DIAZ-BALART H.R. 885: Mr. RYAN of Ohio, Mr. CAPUANO, MCCOTTER, Mr. COHEN, Mr. COBLE, Mr. ADLER of Florida, Mr. MCGOVERN, and Mr. WOLF. Mr. BOCCIERI, Mr. STUPAK, Mr. WEXLER, and of New Jersey, and Mr. LARSON of Con- H. Con. Res. 63: Ms. WOOLSEY. Mr. PASCRELL. necticut. H. Res. 64: Mr. SAM JOHNSON of Texas, Mr. H.R. 897: Mrs. MCMORRIS RODGERS. H.R. 1195: Mr. MCGOVERN, Mr. SKELTON, SMITH of Texas, Mr. HENSARLING, Mr. H.R. 904: Mr. PLATTS. and Mr. MURPHY of Connecticut. MCCAUL, Mr. SESSIONS, Mr. CULBERSON, Mr. H.R. 909: Ms. ROS-LEHTINEN. H.R. 1204: Mr. MCMAHON. CARTER, and Mr. CONAWAY. H.R. 913: Mr. WELCH and Mr. BISHOP of H.R. 1207: Mr. GARRETT of New Jersey. H. Res. 65: Mr. BISHOP of Georgia. Georgia. H.R. 1209: Mr. CALVERT. H. Res. 81: Mr. CHANDLER. H.R. 916: Mr. PRICE of North Carolina. H.R. 1210: Mr. LATHAM, Ms. SHEA-PORTER, H. Res. 125: Mr. KENNEDY, Mr. BACHUS, and H.R. 927: Mr. THOMPSON of California and Mr. ACKERMAN, Mr. GRAVES, and Ms. KAP- Ms. PINGREE of Maine. Mr. THOMPSON of Mississippi. TUR. H. Res. 130: Mr. TOWNS, Mr. PLATTS, and H.R. 930: Mr. LINCOLN DIAZ-BALART of Flor- H.R. 1240: Mr. WELCH. Mr. WELCH. ida and Mr. CAPUANO. H.R. 1254: Mr. TOWNS, Mr. DRIEHAUS, and H. Res. 146: Mr. SESTAK. H.R. 933: Mr. CANTOR. Ms. NORTON. H. Res. 152: Mr. MATHESON, Mr. MELANCON, H.R. 936: Mr. CONNOLLY of Virginia, Ms. H.R. 1255: Mr. CAPUANO and Mr. WOLF. Mr. CARDOZA, and Mr. CROWLEY. HARMAN, Ms. CORRINE BROWN of Florida, Ms. H.R. 1260: Mr. SIMPSON. H. Res. 156: Mr. PITTS. JACKSON-LEE of Texas, Mr. TAYLOR, Mrs. H.R. 1261: Mr. BISHOP of Georgia and Mr. H. Res. 166: Mr. MORAN of Kansas, Mr. WIL- MALONEY, Mr. GORDON of Tennessee, Mr. STEARNS. SON of South Carolina, Mr. CONYERS, Mr. WEXLER, Ms. KAPTUR, Mr. SESTAK, and Mr. H.R. 1263: Ms. NORTON. FRANKS of Arizona, Mr. BOREN, Mr. WEST- SALAZAR. H.R. 1265: Mr. DELAHUNT, Ms. HIRONO, and MORELAND, Ms. BORDALLO, Mr. BOOZMAN, and H.R. 980: Mr. BOSWELL, Mr. FARR, Mr. Mr. AL GREEN of Texas. Mr. BONNER. MCDERMOTT, Mr. PALLONE, Mr. H.R. 1276: Mr. MORAN of Virginia and Mr. H. Res. 170: Mr. LARSEN of Washington, Mr. FALEOMAVAEGA, Ms. BALDWIN, and Mr. TAYLOR. BAIRD, Mr. HASTINGS of Washington, Mr. DELAHUNT. H.R. 1277: Mr. CANTOR, Mr. PENCE, Mr. MIL- SMITH of Washington, Mr. SNYDER, Mr. H.R. 988: Mr. OBERSTAR, Mr. PASCRELL, Mr. LER of Florida, Mr. MCCAUL, Mr. KING of THOMPSON of California, Mr. GEORGE MILLER HIGGINS, Ms. MCCOLLUM, Mr. MCHUGH, Mr. Iowa, Mr. WESTMORELAND, Mr. WILSON of of California, Mr. FILNER, Mr. CAPUANO, Mr. KLEIN of Florida, Ms. ROS-LEHTINEN, Ms. ZOE South Carolina, Mr. SESSIONS, Mrs. LIPINSKI, Ms. HIRONO, Mr. SHULER, Mr. LOFGREN of California, and Mr. HINCHEY. BACHMANN, Mr. HENSARLING, Mr. BROUN of ARCURI, Mr. CARNEY, Mr. TAYLOR, Mr. HALL H.R. 997: Mr. MCINTYRE. Georgia, Mr. FRANKS of Arizona, Mr. KLINE of New York, Mr. ORTIZ, Mr. OBERSTAR, Mr. H.R. 1006: Mr. KLINE of Minnesota. of Minnesota, Mr. GOHMERT, Mr. CONAWAY, WELCH, Mr. BERRY, Mr. ROSS, and Mrs. H.R. 1020: Mr. ARCURI, Mr. WEXLER, and Mr. BURTON of Indiana, Mr. HUNTER, Mr. NAPOLITANO. Mr. HASTINGS of Florida. SHADEGG, Mr. KINGSTON, Mr. MCHENRY, Ms. H. Res. 173: Mr. MASSA. H.R. 1021: Mr. SESSIONS. FALLIN, Mr. BROWN of South Carolina, Mr. H. Res. 175: Mr. PASCRELL, Mr. MCNERNEY, H.R. 1023: Mrs. BACHMANN. COFFMAN of Colorado, Mr. BISHOP of Utah, Mr. CAPUANO, and Ms. PINGREE of Maine. H.R. 1050: Mr. FRANKS of Arizona, Mr. and Mr. LAMBORN. H. Res. 178: Mrs. MALONEY and Mr. FRANK BROWN of South Carolina, Mr. LAMBORN, Mr. H.R. 1283: Ms. KILPATRICK of Michigan and of Massachusetts. INGLIS, Ms. FOXX, Mr. ROGERS of Alabama, Ms. KILROY. H. Res. 182: Mr. MEEKS of New York. Mr. DAVIS of Kentucky, Mr. CHILDERS, Mr. H.R. 1285: Mr. LINCOLN DIAZ-BALART of H. Res. 194: Ms. CLARKE, Ms. DEGETTE, Mr. PITTS, Mr. SMITH of New Jersey, Mr. CAO, Florida. MCDERMOTT, Ms. SHEA-PORTER, Ms. SLAUGH- Ms. FALLIN, Mr. MANZULLO, Mr. MCHENRY, H.R. 1295: Mr. BROWN of South Carolina, TER, Ms. MOORE of Wisconsin, Ms. WOOLSEY, Mr. KINGSTON, Mr. OLSON, Mr. HUNTER, Mrs. Mr. DREIER, Mr. WITTMAN, Mr. HELLER, Mr. Mr. STARK, Mr. KENNEDY, Ms. VELA´ ZQUEZ, BACHMANN, Mr. POSEY, Mr. HENSARLING, Mr. KIRK, and Mr. LATHAM. and Mrs. BIGGERT. CONAWAY, Mr. SHADEGG, Mr. BURTON of Indi- H.R. 1296: Mr. BACA, Mr. BECERRA, Mr. H. Res. 208: Mr. BUYER. ana, Mr. KLINE of Minnesota, Mr. GOHMERT, BISHOP of Georgia, Mr. BRADY of Pennsyl- H. Res. 209: Mr. SPACE.

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Vol. 155 WASHINGTON, THURSDAY, MARCH 5, 2009 No. 39 Senate The Senate met at 9:30 a.m. and was to the Senate from the President pro other Senators—Mr. CRAPO and Mr. called to order by the Honorable MARK tempore (Mr. BYRD). INHOFE—who wanted to offer amend- L. PRYOR, a Senator from the State of The bill clerk read the following let- ments. We agreed to do those. We have Arkansas. ter: six amendments pending. We will see U.S. SENATE, how we do disposing of amendments PRAYER PRESIDENT PRO TEMPORE, today. I hope we can move through The PRESIDING OFFICER. Today’s Washington, DC, March 5, 2009. them fairly quickly. I look forward to opening prayer will be offered by guest To the Senate: doing what I can to finish as quickly as Chaplain Rev. Father John McCor- Under the provisions of rule I, paragraph 3, we can. of the Standing Rules of the Senate, I hereby mick, St. James Cathedral, Orlando, f FL. appoint the Honorable MARK L. PRYOR, a Senator from the State of Arkansas, to per- The guest Chaplain offered the fol- MEASURE PLACED ON THE form the duties of the Chair. CALENDAR—H.R. 146 lowing prayer: ROBERT C. BYRD, Almighty God, our Father, as men President pro tempore. Mr. REID. Mr. President, H.R. 146 is and women called to honor the Nation Mr. PRYOR thereupon assumed the at the desk and due for a second read- that You have called us to live in by chair as Acting President pro tempore. ing. our generous and public life of service, The ACTING PRESIDENT pro tem- strengthen our sense of gratitude for f pore. The clerk will read the title of the many blessings with which we have RECOGNITION OF THE MAJORITY the bill for the second time. been endowed. We stand in this Cham- LEADER The bill clerk read as follows: ber, surrounded by the many monu- The ACTING PRESIDENT pro tem- A bill (H.R. 146) to establish a battlefield ments and burial sites that honor all pore. The majority leader is recog- acquisition grant program for the acquisi- the men and women who, throughout nized. tion and protection of nationally significant the passing of time, have made the ul- battlefields and associated sites of the Revo- f timate sacrifice that has enabled our lutionary War and the War of 1812, and for country to be a beacon of light and SCHEDULE other purposes. Mr. REID. I object to any further goodness for all peoples. Mr. REID. Mr. President, following proceedings at this time. As we begin this day of work in Your our remarks, there will be a period of 1 The ACTING PRESIDENT pro tem- kingdom, extend Your hand of blessing hour for Senators to speak in morning pore. Objection is heard. and protection over the Members of business. I have had numerous requests this body. Hold close those who serve The bill will be placed on the cal- this week by Republicans and Demo- endar. with honor and sacrifice in the mili- crats to speak on issues they want to tary services and their family members address. I hope they now will come. f whose sacrifice mirrors that of their Following morning business, the Sen- RECOGNITION OF THE MINORITY loved ones. Bless and protect us all. ate will be back on the appropriations LEADER Make us ever grateful for what You bill we have worked on this week. I The ACTING PRESIDENT pro tem- have done in and through each one of filed cloture on the bill last night and pore. The Republican leader is recog- us. Amen. announced to the Senate that we will nized. f continue work on this until we finish it f PLEDGE OF ALLEGIANCE one way or the other. I hope we work out something to vote tonight. If we ORDER OF BUSINESS The Honorable MARK L. PRYOR led can’t, we will do it in the morning. The the Pledge of Allegiance, as follows: Mr. MCCONNELL. Mr. President, I filing deadline for first-degree amend- see the Senator from Florida here. A I pledge allegiance to the Flag of the ments is 1 p.m. today. Rollcall votes in United States of America, and to the Repub- constituent of his was here this morn- lic for which it stands, one nation under God, relation to pending amendments, of ing to give the opening prayer. indivisible, with liberty and justice for all. which we now have six, are expected to I have a couple of consent agree- f occur throughout the day. As those ments, I say to my friend the majority who were here last night will remem- leader, that I believe are objected to on APPOINTMENT OF ACTING ber, I indicated that we had covered a his side. PRESIDENT PRO TEMPORE wide universe of amendments. I had Mr. REID. I might surprise you. The PRESIDING OFFICER. The spoken to Senator KYL, the assistant Mr. MCCONNELL. I will withhold on clerk will please read a communication Republican leader, and a number of propounding these requests because I

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

S2779

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.000 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2780 CONGRESSIONAL RECORD — SENATE March 5, 2009 know the Senator from Florida would through these amendments. I think it this President is trying to reach out like to offer observations about his is something we could do. I know he and change the culture, which is so im- guest. would agree to a reasonable time pe- portant. The ACTING PRESIDENT pro tem- riod. We will see what we can do to This afternoon, I have been invited pore. The Senator from Florida. work that out. For this time, I object, by the President to join a number of f but I hope we can work something out. my colleagues, Republicans and Demo- The ACTING PRESIDENT pro tem- crats, to go to the White House for a WELCOMING THE GUEST pore. Objection is heard. health care summit. Once again, the CHAPLAIN Mr. MCCONNELL. Mr. President, on President is reaching out to see if there Mr. MARTINEZ. Mr. President, I was behalf of Senator SESSIONS, I ask unan- are ways for Republicans and Demo- so proud to have my pastor and very imous consent to take up amendment crats, who work for the same masters— good friend deliver the opening prayer. No. 604, which relates to a 5-year reau- that is, American interests and the Father McCormick and I have known thorization of the E-Verify Program. American people—to come together each other since 1983, when he first Mr. REID. Mr. President, I am not as and find ways to reach significant pol- came to our parish church of St. James familiar with that as Senator SES- icy goals. Do we have a need to address in Orlando. He is a product of Dublin, SIONS. I know he has talked about that our health care problems? Absolutely. Ireland, but he became a proud citizen on a number of occasions. I will be We spend much more than any other in 1973, much as I did in 1971. He has happy to have my staff look at this, group of people on the face of the Earth not only been a tremendous source of and hopefully we can work our way on health care. Our costs are much faith and inspiration to me and my through the amendments we have. I greater than anyone else’s, yet the outcomes are not. We rank 41st in life ex- family and, more importantly, perhaps, know Senator SESSIONS feels strongly my children, but he has also been a tre- about this. I hope we can work out pectancy despite the fact that we spend mendous advocate for the poor and something and have him come and far more than anyone else in the world needy in our community. He does tre- present this amendment. But for this on health care. Health care costs are mendous work overseas as well in a morning, I object. accelerating. They are injuring busi- program called Food for the Poor The ACTING PRESIDENT pro tem- nesses paying for health care insurance for employees. Health care costs are where the Caribbean nations and Latin pore. Objection is heard. strangling family budgets. Health care America have benefited greatly from Mr. REID. I suggest the absence of a costs are hurting Government, which his generosity and hard work. quorum and ask unanimous consent has to pay for Medicare and Medicaid. There are a couple of things I must that the time be charged equally. point out. He has also developed a love We have to get a handle on it. The ACTING PRESIDENT pro tem- The President is saying: Let’s try to for American football since coming pore. The clerk will call the roll. find a sensible, thoughtful way to re- here. But not being perfect, he has cho- The bill clerk proceeded to call the form health care. A good start is to in- sen the Cowboys over the Redskins. roll. vite a group of Republicans and Demo- And then in a further imperfection Mr. DORGAN. I ask unanimous con- crats from the Congress, a group of that may be less forgivable, he has cho- sent that the order for the quorum call people from the private sector, from sen the Gators over the Seminoles in be rescinded. the health care industry, from the con- Florida. I frequently have been a pa- The ACTING PRESIDENT pro tem- sumer side, supporters and opponents tient listener as he, on Sunday morn- pore. Without objection, it is so or- of various kinds of reforms and ings, regales about the Gators and dered. changes, to a summit at the White beats up on the Seminoles. Today is f House to say: Let’s talk. Let’s try to my day for revenge. I am awfully proud figure out how we address these issues. to have him here. He is a wonderful RESERVATION OF LEADER TIME I commend the President because we friend. I know he has looked forward to The ACTING PRESIDENT pro tem- have to change the culture. This can- this day. pore. Under the previous order, the not possibly continue to be an ‘‘us I thank the Chair for the courtesy of leadership time is reserved. versus them’’ Congress or a Congress allowing me to say a couple words and Presidency that is deeply divided. f about my dear friend and pastor. This country faces very serious chal- The ACTING PRESIDENT pro tem- MORNING BUSINESS lenges. The fact is, we have to work to- pore. The Republican leader. The ACTING PRESIDENT pro tem- gether to solve them. The very serious Mr. MCCONNELL. Mr. President, we pore. Under the previous order, the financial challenge, the crisis we face, join the Senator from Florida in wel- is going to require the best energies all coming his pastor this morning. I am Senate will proceed to a period of morning business for up to 1 hour, with of us have and the best ideas of all of pleased to see that he will be forgiven us. Included in the financial crisis is for his sin of advocating the success of Senators permitted to speak for up to 10 minutes each, with the time equally what health care costs are doing to the the Cowboys and the Gators. economy. That is why the President divided and controlled between the two f has indicated that one of the first leaders or their designees. issues we have to tackle, even as we UNANIMOUS-CONSENT REQUESTS— The Senator from North Dakota. H.R. 1105 try to stabilize the economy, is to ad- f dress the issue of the burgeoning cost Mr. MCCONNELL. Mr. President, on HEALTH CARE REFORM of health care. So I commend the Presi- behalf of Senator GRASSLEY, the rank- dent, and I look forward to the meeting ing Republican on the Finance Com- Mr. DORGAN. Mr. President, last today at the White House. I think it mittee, I ask unanimous consent that evening President Obama had invited will be a good start to at least begin when the Senate resumes consideration the chairs and ranking members of discussing health care costs. of H.R. 1105, the omnibus bill, the pend- committees in both the House and Sen- I want to talk about one piece of ing amendments be set aside and, on ate to the White House for dinner. I health care costs because yesterday behalf of Senator GRASSLEY, it be in wanted to mention that the oppor- Senator SNOWE from Maine, myself, order to call up amendment No. 628, tunity for Republicans and Democrats, Senator MCCAIN from Arizona, my col- which strikes section 102 related to IRS both chairs and ranking members of league Senator STABENOW from Michi- private debt collection. committees, to spend some time with gan—we announced, on behalf of 25 The ACTING PRESIDENT pro tem- the President was very important, a Senators, a piece of legislation we in- pore. Is there objection? very important signal by the President troduced yesterday dealing with pre- Mr. REID. Mr. President, this is a to the Congress that he wants to work scription drug costs. One of the fastest topical issue. From news accounts this with everybody. He didn’t give a rising items of health care costs is the morning, I heard it mentioned a couple speech. He and his wife, the First Lady, cost of prescription drugs. of times. I will be happy to work with welcomed the Members of Congress. I Now, we have introduced this legisla- Senator GRASSLEY, see how we work was pleased to be there. My point is, tion before, and it has successfully

VerDate Nov 24 2008 01:49 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.015 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2781 been blocked. But things have changed provide some competition here. If the Now, what does it mean? Well, we in a very dramatic way. The makeup of prescription drug industry is selling could save with this legislation about the Senate has changed. One of the their drugs in virtually every other $50 billion in the next 10 years for people who cosponsored our legislation country in the world for a fraction of American consumers; and about $10 bil- in the last session of the Congress is the price they sell those drugs here, lion of that would be saved by the Fed- now sitting in the White House—then let’s let licensed pharmacists in our eral Government for its programs, Senator Barack Obama, now President country purchase them from Canada or Medicare and Medicaid. Obama. He was a cosponsor. The Chief another country and pass the savings Here is a New York Times piece. It of Staff at the White House, Rahm along to the consumer. Let’s let whole- says: ‘‘More Americans Are Skipping Emanuel, was one of the key sponsors salers who are licensed in this country Necessary Prescriptions, the Survey in the House. So the fact is, we think access those lower cost prescription Finds.’’ That was from January of this we have an opportunity to pass legisla- drugs. Let’s allow American consumers year. It says: One in seven Americans to access those drugs from Canada. tion that will put some downward pres- under 65 went without prescribed medi- Now, I sat on a hay bale out on a sure on prescription drug prices. This cines, as drug costs spiraled upward in is bipartisan and nonpartisan. This farm 1 day at a little town meeting where there were 40 or 50 farmers, and the United States, a nonprofit research stretches from JOHN MCCAIN to Presi- we sat and talked about life and about group said. dent Obama. Both Presidential can- Well, we can fix this. We can pass didates were cosponsors in the last ses- the farm program and about what was going on in their region of North Da- this legislation. As I indicated earlier, sion of Congress of this identical piece kota. finally I think we have a bit of a tail- of legislation. Many other Republicans There was one old codger there who wind here. We have a President who and Democrats have joined us, so that was kind of lamenting what it was wants this. He put it in his budget. So as we introduced it, there are 25 origi- costing him to live. He said: We don’t now we have put in the architecture of nal cosponsors. make much money. We don’t have a complete piece of legislation. We Now, let me describe the problem we much spendable income. And he said: have worked on it for many years. My face in this country. By consent, I wish I’m over 80 years old, and my wife has colleague, Senator SNOWE, and I, and to show two bottles that did contain been fighting breast cancer for the last many others—from Senator KENNEDY, medicine. These are bottles of Lipitor. 3, 31⁄2 years. He said: She has to take a Senator MCCAIN, Senator GRASSLEY, Lipitor, by the way, is a drug that I drug called Tamoxifen. He said: So we Senator STABENOW—all of us have think probably is the most prescribed have been going to Canada to try to worked to make this happen: increase drug in this country, or at least one of buy Tamoxifen because it costs 80 per- the margin of safety, reduce prescrip- the top prescribed drugs in this coun- cent less in Canada. It is the same tion drug prices, and give the American try. It is a cholesterol-lowering drug. drug—exactly the same drug—pre- people the opportunity to have some Lipitor is made in Ireland and then scribed for an elderly woman who is sort of competitive prescription drug shipped around the world. fighting cancer, but you can pay much, prices that others all around the world Here is the way Lipitor is shipped in much, much more here in the United have as a result of the current scheme these bottles: same size, same cap; the States or much, much, much less in that—let me not use the term only difference is, one is blue, one is other countries. He said: For us, we ‘‘scheme’’—as a result of the current red; the same pill put in the same bot- have to drive to Canada to try to ac- pricing policies of the prescription tle, made by the same company, FDA cess this drug. drug industry. inspected. This red one goes to the Americans should not have to do United States. This blue one goes to that. This ought to be a fair pricing Let me complete my statement by Canada. The difference? This red one strategy for American consumers, and saying, we introduced this legislation costs twice as much. today it is not. So we have introduced yesterday. We will continue to try to The U.S. consumer is told: You pay legislation that has substantial safety access more and more cosponsors. more than twice as much for the same requirements attached to it. We pro- Whether this is a part of a health care prescription drug. Why? By what jus- vide substantial additional funding for reform bill or passed on its own, I tification should not just Lipitor but the Food and Drug Administration. We think it is going to be good news for other medicines be priced in a manner provide pedigree requirements for drug American consumers. that says to the American consumer: lots produced anywhere in the world. Let me say one more time that the You pay much more than we are asking We provide much more inspection of President’s call today for a health care others around the world to pay for the plants that produce drugs the FDA is reform summit at the White House is identical prescription drug? There is no approving. By the way, we know that one more example of bringing Repub- justification. substantial amounts of ingredients licans and Democrats together. This Zocor, here is an example of a choles- come from China and elsewhere. We President is determined to do that. terol-lowering drug. The United States also know that despite the fact there That is good news because there are a and Canada—$5.16 for a 20-milligram are supposed to be inspections of many lot of good ideas that can come from pill in the United States; $2.45 in Can- of these plants, the inspections are few every corner of this Chamber and every ada. and far between. corner of the political system. Let me describe where these drugs The legislation we have introduced We ought to work together to give are coming from. We are told by the will dramatically increase the margin the American people the best of what opponents of this: Well, if drugs were of safety—not decrease it—increase the both political parties have to offer to come into this country from outside margin of safety. What it will do is rather than the worst of each, and no- the country, there might be a counter- allow the American public to have ac- where is that more important than to feiting problem. Well, do you know cess to lower cost prescription drugs. If do it in health care reform. what. Most of these drugs are made one part of driving up the costs of I thank the President for creating outside of our country. Lipitor is made health care in this country, as rapidly this summit this afternoon. One of the in Ireland. Nexium is made in France. as it has gone—if one part of that is the issues I will raise there will be the pre- Tricor is made in France. Vytorin is rapidly increasing price of prescription scription drug importation bill, which I made in Singapore and Italy and the drugs, then we can remedy that. We think could put some downward pres- UK. can simply say to the pharmaceutical sure on prescription drug prices, and Now, my point is simple: We have a industry: Give us the opportunity to law in this country that says the drug have the same kind of pricing the rest that would be good for the people who companies can import drugs into our of the world has. We can make that live in this country and be good for country, made in other regions of the happen, not by asking them to give it this country’s budgets and business world, but consumers cannot, reg- to us, but by requiring a circumstance budgets and so on. istered or licensed pharmacists cannot, where our pharmacists and our whole- Mr. President, I yield the floor. and wholesalers cannot. Our piece of salers can access those same lower cost The ACTING PRESIDENT pro tem- legislation is very simple. It says, let’s drugs. pore. The Senator from Maryland.

VerDate Nov 24 2008 01:49 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.017 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2782 CONGRESSIONAL RECORD — SENATE March 5, 2009 OMNIBUS APPROPRIATIONS agency. They do not have the budget. that allow Federal agencies to have the Mr. CARDIN. Mr. President, I take They do not have the expertise. And, best information before they take ac- the floor in defense of one of our most quite frankly, they have a different tion on their projects. It is what we successful environmental statutes. mission. So the impact of this regula- should be doing. It does preserve the di- Since its nearly unanimous passage in tion could have a devastating impact versity of wildlife in this Nation. It 1973, the Endangered Species Act has on the protection—legitimate protec- maintains the leadership of the United protected nearly 2,000 species from ex- tion—of wildlife. States on these types of issues. It is tinction. That success has contributed Now, some of my colleagues argue the right policy. We should go through significantly to the economic benefit of that requiring consultation with inde- regular order when we change it. The this Nation. According to a study by pendent scientists will slow infrastruc- Bush administration did not do that. the Fish and Wildlife Service, wildlife- ture projects funded through the re- They did this as a last-minute gesture related recreation—meaning hunting cently passed American Recovery and of the Bush administration. Let’s re- and fishing and wildlife watching—gen- Reinvestment Act. But let me remind store the status quo, and then let’s erated more than $122 billion in rev- my colleagues that the projects that look at the normal regulation process enue in 2006. So this statute has pro- are ready to go have already gone for modifications that may be needed. tected wildlife diversity and has pro- through this environmental review. I would urge my colleagues to reject tected our economy. They are ready to go. They will not be the amendment offered that will under- In my home State of Maryland, wild- delayed as a result of section 7 of the mine the Endangered Species Act. life watching generated over $1 billion Endangered Species Act. We are ready With that, I yield the floor. in revenue and sustained over 10,000 to proceed. And as President Obama re- The ACTING PRESIDENT pro tem- jobs. cently said: pore. The Senator from Florida is rec- In December of 2008, the Bush admin- With smart, sustainable policies, we can ognized. istration finalized two rules that un- grow our economy today and preserve the Mr. MARTINEZ. Mr. President, I ask environment. dercut the success of the Endangered unanimous consent to speak in morn- Species Act. Now, that was in Decem- But, quite frankly, these changes to ing business for 10 minutes. the consultation rule were not the only ber of 2008, after the elections, after The ACTING PRESIDENT pro tem- regulations the Bush administration Senator Obama was elected President pore. Without objection, it is so or- issued. We had the one that would com- of the United States. The Bush admin- dered. promise consultation with scientists in istration issued two regulations in an Mr. MARTINEZ. Mr. President, I rise effort to undermine the Endangered issuing the appropriate safeguards under the Endangered Species Act. The this morning to speak once again about Species Act. the pending bill before the Senate—the One rule undermines important safe- other was specifically aimed toward the polar bear. The new rule granted no very large and significant omnibus guards for all threatened and endan- spending bill—but more specifically gered species. The other withholds key new protections to the polar bear. Now, the President’s regulations said dif- about provisions in this bill that have protections from the polar bear. very little to do with spending and I believe it is critical the safeguards ferently, but that is not the case. The have a lot to do with foreign policy, in- that have worked to protect endan- special rule not only denied additional cluding provisions relating to U.S. and gered species for decades be reinstated. protections normally provided under Cuban relations. I decided to inform Section 429 of the fiscal year 2009 Om- the Endangered Species Act, but it set the Senate of a few things that are in nibus Appropriations Act would give a bad precedent for weakening ESA this morning’s press and why what this the Secretaries of Interior and Com- safeguards. bill will do makes so little sense for merce the authority they need to do The new rule does not require plans the United States at this moment in that. It will allow the Secretaries to to monitor, minimize, or mitigate im- time and why it would be a mistake for reverse the Bush administration’s mid- pacts that could harm the bears. And us to approve the current bill. night regulations and reinstate the the rule does not allow scientists and regulations previously in place. agencies to even consider climate The current bill is an attempt to, To understand why this special au- change as a factor that could injure frankly, usurp from the Executive the thority is needed, I think it is helpful polar bears. prerogative to conduct foreign policy. to understand how devastating the rule Last year, I had the opportunity, In his campaign, the President indi- changes are. So let me say a little bit along with members of the Environ- cated there were some things he want- about the two rules President Bush put ment and Public Works Committee, to ed to change about U.S. policy toward in place. visit Greenland. We saw firsthand what Cuba relating to travel and remit- For decades, under section 7 of the is happening in regard to the loss of tances. I would hope that would be Endangered Species Act, Federal agen- the snow caps and the impact it is hav- done in the order of Presidential pre- cies have consulted with scientists at ing on the polar bear population. rogatives and not by a legislative fiat the Fish and Wildlife Service or the Global climate change is clearly af- but that, as it is done, it is done in a National Marine Fisheries Service to fecting the future stability of the polar way that is conducive to the best inter- make sure an agency’s planned actions bears, and the regulation that was ests of our Nation and the best inter- do not jeopardize a threatened or en- issued in December compromises that. ests of our long-term foreign policy ob- dangered species. It is quite clear why. Seven editorials jectives. Unfortunately, it is being In line with a long record that ex- from newspapers in 32 States oppose done in a haphazard way, without real pressed a low regard for science, in De- the Bush administration’s efforts. Doz- clarity about the implications it will cember, 2008, the Bush administration ens of wildlife, scientific, and environ- have relating to what is attempting to finalized a rule that effectively elimi- mental organizations oppose the be done. nated the critical role scientists play change. In addition, eight State attor- One of the issues relates, more im- in the section 7 system of checks and neys general, including the attorney portantly than all, perhaps, to agricul- balances. What the Bush administra- general of Maryland, have filed suit to tural business trade with Cuba. This is tion regulation did was to allow a Fed- have these regulations withdrawn. a $780 million-a-year business which is eral agency to avoid consultation with So we have an amendment that has now done by the Cubans paying cash the scientists in making its determina- been offered. The amendment would before they can receive the goods, be- tion as to whether there was an impact take out of the omnibus bill the addi- fore the goods leave our ports. This was on an endangered species. tional authority we want to give to the done in the prior administration be- Professional scientific organizations agencies so that they can reverse the cause, in fact, the Cuban Government argued, came out and said, quite frank- midnight changes attempted by the was not exactly playing it as it was ly, this is unacceptable. The agency Bush administration. I would urge my supposed to. The shipments would get does not have the capacity to make a colleagues to reject that amendment. to Cuba and then payment would not determination as to whether a species Let’s not compromise the protections be there when the goods arrived, but is endangered by the action of the we have in the Endangered Species Act maybe 30 days later, maybe 60 days

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.018 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2783 later, and it was all of a sudden cre- ing around the titular head of govern- age, the alliance, the partnership, the ating a problem. So we fixed the prob- ment from one 80-year-old to another, working together of Venezuela and lem, and American farmers are pro- the Cubans are doing the very same Cuba to try to spread their brand of tected. They get to sell their goods to thing. It is the same old guard. Ramiro anti-Americanism and socialism Cuba—and $780 million is not an insig- Valdes, an enforcer, a tough guy, a throughout Latin America where they nificant amount of sales—they get paid hard-liner, no-nonsense, ‘‘kill them are having, frankly, significant success in cash, and they get paid before the first, ask questions later’’—that is who with Venezuela’s oil wealth and with goods leave the port. That makes a lot is really the effective No. 2 to Raul Cuba’s know-how of the security appa- of sense for America. It may not make Castro today. So there is no real hope ratus and control. a lot of sense for Cuba because it is an of change with this bunch in charge. That is all working very well for inconvenience. But I don’t think we Here is the other thing that is of sig- them because, see, here is the next should be making policy to the conven- nificance and importance to our U.S. news item in that same article in the ience of a brutal, dictatorial regime so interests. This is not about the inter- Miami Herald. It also mentions that an close to our shores and which is a hos- ests of the Cuban Government: If we additional area where the Cubans are tile and avowed enemy of the United buy agricultural products from you, providing their dark expertise is in States. then you become a lobbyist for us and that of policing. They are working as But what happened today in the news you advance our agenda, and at the top advisers to the police forces through- that is of interest? Well, several things. of that agenda is we don’t want to have out the country, and Cuban advisers Let’s see, how do we begin. There has to pay cash when we pick up the goods. will play a critical role. It won’t be been great hope that there will be We want credit. We want the goods to long before we will be seeing the Com- change in Cuba because Raul Castro is be paid for when they get to Cuba, in mittees for the Defense of the Revolu- now in charge. I remember as a child our own sweet time, which is really tion coming to a neighborhood near always hearing that Raul Castro was nothing more than another way of you in Venezuela. That is unfortunate, the enforcer; that Fidel was the nice eroding the trade sanctions we have and that is bad for the Venezuelan peo- guy and Raul was the tough guy. Raul with Cuba. ple. Castro is credited with over 500 deaths So there is another article today in But here is now another thing not in under his supervision in the first the Miami Herald talking about Cuban the policy interests of the United months of the revolution. In addition influence in Venezuela spreading. Now, States, another headline: This morn- to that, he is the head of the armed we know Hugo Chavez is not a friend of ing, Chavez orders expropriation of forces—the armed forces where an Air the United States. We also should re- Cargill’s rice plant. Another Miami member that for almost 50 years now, Force plane was directed by him and Herald story. Well, the last I knew, Fidel and Raul Castro and their band of authorized by him to shoot down civil- Cargill is an American company. The collaborators have not been friends of ian airplanes in the Florida straits, last I knew, American investors in- the United States. They, in fact, have killing three Americans and an Amer- vested their good money and have proc- been avowed enemies of the United ican resident. That was done to an un- essing plants in a company based in States and continue to be at every armed civilian aircraft. Minneapolis, MN, and they operate in international forum, at every place So there is great hope that this guy Venezuela. They invested in good faith. is going to be somehow an agent of where they can be heard. So this story today in the Miami In good faith, they attempted to pro- change, is going to be an agent of prag- Herald tells us that some 40,000 Cubans vide a service to the Venezuelan indus- matism, and is going to be someone are now working in Venezuela, and of try and commerce. So now we find out who is less ideological. I remember course Cuba receives 90,000 to 130,000 it is a purposeful, continuing attempt hearing all the time how the real barrels of oil a day as a subsidy to con- to expropriate, without appropriate ideologues were Raul Castro and tinue their work and their repression compensation, American properties. Ernesto Guevara. Those were the two of the Cuban people and the terrible We go full circle. This is how the ideologues. They were the real Com- living conditions they are in. So they Cuban trade sanctions began under the munists. It was Raul Castro who first are in public education, which is a way Eisenhower administration—it almost went to the Soviet Union and made of controlling minds and hearts. sounds comical now. The fact is that it deals with them about beginning this I remember how the first Ministry began because of Cuba’s expropriations arms buildup that led to the missile that went to an avowed Communist of American property in Cuba without crisis that put the world in peril. after Defense was Education. Armando proper compensation and in violation So now we are talking about the fu- Hart became the head of Cuba’s Edu- of every international law and rule in ture of Cuba. So he has had a shakeup. cation Ministry back in the early 1960s. existence. So today we find that, in He has really had a military coup. If it It is a way of controlling what people partnership, the Cubans and Ven- was anyone else other than a romantic are reading, what people are studying, ezuelans are once again continuing this revolutionary in Cuba, the U.S. press because education is subverted for po- advance of anti-Americanism, of expro- would be talking about this as, in fact, litical propaganda purposes to wash priation of American properties, of a military coup, which is really what the minds of young people. Now, this taking out each and every one. has happened. He has tightened the cir- sounds all Cold War-ish and it sounds I believe this article details that cles. like crazy stuff, but it is going on Empresas Polar, another private enter- There is an article today by the AP today. prise, is no longer going to be private which talks about the closing of the So with Cuba’s help, in addition to because the government is taking it ranks. The fact is that the only rays of that, sources within the Venezuelan over. Over the past year, Chavez has hope, the only people under 75 years of military say that Cuban military ex- nationalized Venezuela’s largest tele- age in any position of significant lead- perts control several security circles phone, electric, and cement companies. ership—Carlos Lage and Felipe Perez that protect President Hugo Chavez. His government is also negotiating Roque have both been ousted. Worse He doesn’t trust his Venezuelans. He compensation for a takeover of the than that, now Fidel Castro has said has to have his Cuban thugs there to country’s biggest steelmaker, Sidor. they were undignified, or some other keep him alive and protect him. They So, as we can see, it is a pattern of gov- term such as that, which means they have penetrated strategic areas of the ernment control. From the police have now fallen into disgrace, never to armed forces and the central govern- forces that are being trained now by be heard from again, and they are not ment, including the situation room and the Cubans—have been, really—to the going to be the future leaders. Many Venezuela’s Presidential palace. So security apparatus around President- people thought Carlos Lage was the they run his security, they run his sit- for-life Hugo Chavez, to everything else logical next successor. Nobody really uation room, the equivalent of our that goes on around them, we find that knows who will be leading Cuba in the White House, and Cuban advisers play the Cuban presence is there and is con- future. But much like the sclerotic So- a critical role. tinuing and is ever-present. viet Union leadership of the time be- Now, why is that important? Well, it So at a time when all of this is tak- fore Gorbachev where they were pass- is important because it shows the link- ing place, at a time when just today

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.001 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2784 CONGRESSIONAL RECORD — SENATE March 5, 2009 these three articles are in our news uncreditworthy. They have the worst This is a disruption in commerce that media—this is just today, by the way. credit in the world, save one other Rhode Island and the region can ill-af- There are things such as this every day country. I would like to know what is ford. This package includes funding to about what is going on in Latin Amer- that country. Out of every country in help speed the repairs at this impor- ica right under our noses. So on this the world, only one country has worse tant stretch of highway. very day, when these three news arti- credit than Cuba. So to the second The bill will also ensure we are in- cles—we are probably going to take a worst credit country, we are going to vesting in the institutions that are re- vote tonight where we are going to give them credit as they purchase food sponsible for protecting the public in- pass a spending bill that contains pro- rather than simply allow the current terest, but have fallen down on the job. visions dealing with foreign policy business to continue; $780 billion is not Indeed, over the course of this decade, issues that have not been through a bad piece of business. we have witnessed the unraveling of es- hearings, that have not had the con- It is going great. It ain’t broke. Don’t sential regulatory agencies, from the sultation and input of the executive fix it. This bill seeks to fix that and Consumer Product Safety Commission branch, and we will just go headlong more in a misguided and wrong way, to the Food and Drug Administration, into that. This is not to mention, by which I know is not in the best interest often with alarming results. Certainly, the way, the 9,000 earmarks—some of of the United States. the failure to provide adequate re- which are very questionable and some I yield the floor. sources for these agencies has been a of which are by a company under Fed- The ACTING PRESIDENT pro tem- major contributor to their failures. eral investigation as we speak—and a pore. The Senator from Rhode Island is With the supplemental appropriations tremendous amount of spending that recognized. bill passed last year and continuing completely violates what the President Mr. REED. Mr. President, I rise in with this legislation, we have begun to said would be the change and the hope support of the Fiscal Year 2009 Omni- reverse the effects of years of chronic that the American people had, that bus Appropriations Act. underfunding. Senator DURBIN, in re- there would be a new day, that we Before I begin, I want to commend sponse to the concerns that Senator would be looking at every line in the Chairman INOUYE for his leadership in DODD, and I raised with respect to budget and we would be looking at all bringing this bill forward. Over the funding for the Securities and Ex- the spending with a fine-tooth comb, course of this grueling week of debate, change Commission, SEC, worked to and, by golly, there will not be ear- he has done his best to ensure that this increase funding for the Commission in marks because I will stop earmarks. I process has been civil, open, and trans- this bill. The additional $37 million remember the President saying that. I parent. In doing so, he has protected provided here will give the SEC re- wish today he would stand up and live the authority and responsibility of the sources to aggressively investigate and up to those campaign promises. Congress to shape the funding prior- prosecute fraud that cost taxpayers It is a very lame excuse to say that ities of this country. and investors billions of dollars. Cou- this is last year’s business. This is hap- I would be remiss if 1 did not recog- pled with systemic reform within the pening on a Democratic majority nize the work of Senator BYRD, who Commission, this funding will help re- watch in both Houses of the Congress. laid the groundwork in the Appropria- store investor confidence and integrity This is happening on the watch of a tions Committee last year, winning bi- to our markets. President who promised differently partisan support for nearly all of the Thanks to the efforts of Senator during his campaign. So whether it be bills that comprise this legislation. HARKIN, this legislation also continues because of what is in this bill as it re- Finally, I wish to acknowledge the to invest in our most valuable national lates to spending or whether it is by work of all of the subcommittee chairs, resource—our people. As the successor the overreach of seeking to dictate for- but in particular, Senator MIKULSKI, to the late Claiborne Pell, I am grati- eign policy in a very misguided and for her support in helping address the fied that this omnibus bill substan- mishandled way, where, frankly it isn’t needs of New England’s lobster and tially increases funding for the grant really clear where we are left if the groundfish harvesters who continue to bears his name. This legislation, to- provisions in this bill are passed as to be severely impacted by Federal regu- gether with the funding provided in the how the U.S. Government will enforce lations and catch restrictions and face economic recovery package, will help its regulations that are now being dis- the prospect of losing not only their boost the maximum Pell grant by $619 banded. livelihoods but a way of life. Because to $5,350 in fiscal year 2009. It is worth It is making a real mess and mockery she has been such an effective advocate noting how far we have come. Just 2 of the process. For a lot of those rea- for the watermen of Chesapeake Bay, years ago, the maximum Pell grant sons, I hope my colleagues on both she has recognized, perhaps more than was stuck at $4,050—the same level it sides of the aisle will consider whether anyone outside New England, the eco- had been funded at over the previous 4 it is wise to support this bill, whether nomic and cultural importance of our years. it is, in fact, a good idea or whether we fishing communities, as well as the To supplement Pell grant and other should be looking at ways in which we strain they are under. higher education assistance, this legis- can allow reason to prevail and put the Mr. President, setting aside the fact lation maintains funding for the best interests of the United States that we must pass a bill now in order Leveraging Educational Assistance first, not the best interests of the agri- to avoid a Government shutdown, the Partnership, leveraging additional cultural import Cuban company that fact is this is the right bill for us to need-based grant aid and support serv- forces those whom they buy product pass. ices for our neediest students and fami- from to sign a memorandum of under- It will, as I indicate, avoid disruption lies. It also boosts funding for the standing, where they agree to lobby on of essential services to the Nation at a teacher quality enhancement grants by behalf of Cuba’s agenda. One of the top time when the American people de- $17 million to improve college teacher items of that agenda is this issue of not mand and need the support of a func- preparation programs and ensure that having to pay cash as the goods leave tioning Government. every classroom in America has a high- the port. This legislation complements the quality teacher. I know the chair worries about the American Recovery and Reinvestment The bill increases funding for the rice farmers in Arkansas. It is great Act by funding additional programs state library program under the Li- they can sell rice in Cuba. Rice to Cu- that will save and create thousands of brary Services and Technology Act to bans is like potatoes to the Irish. We jobs. It includes continued investments $171.5 million. I have long advocated love to eat rice with every meal. It is in transit, highway, and water infra- for this funding level because it is the great that Arkansas is selling rice to structure. These kinds of investments amount necessary to reach a key goal Cuba. Isn’t it great also that those rice are sorely needed throughout the coun- included in the 2003 reauthorization of growers from Arkansas are getting try. In Rhode Island, trucks and other the Museum and Library Services Act paid for it? The last thing we need in large vehicles must be diverted from a that I authored to double the minimum these economic times is to provide key stretch of the interstate because of State allotment. This additional fund- credit to a country that is concerns about its structural integrity. ing will help libraries respond to the

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.002 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2785 demand for free access to all types of scholarships to attend private schools I make this point to call attention to information and digital and online in the District of Columbia. the DC voucher program and the im- service. With the economic crisis we The legislation we are debating, un- portance of making certain we have a are suffering through, libraries have fortunately, makes it harder for that chance to amend the omnibus bill—the become critical centers for guidance program to continue. The fiscal year bill before us—so we do not make it and career services for unemployed 2009 omnibus legislation includes lan- harder for the DC voucher program to workers as they search for jobs, and guage that would end the scholarship continue. If that means we have to go families as they search for the diver- program in September 2010, and it says on into next week in order to have a sion that a public library can provide we could not continue it by appropria- sufficient number of amendments, then in very difficult economic times. tion, which is unusual. It would also we should do that. The bill increases funding for the Na- add the requirement that the DC City I appreciate the fact that the major- tional Institutes of Health by almost $1 Council would have to approve what- ity leader has adopted this year, as he billion, which will fund 10,600 new re- ever we did. should, the practice that the Senate is search grants. I strongly supported the That is a very unwise situation, I be- a place that is distinguished primarily historic doubling of NIH funding believe. The U.S. Secretary of Education, by virtually unlimited debate and vir- tween 1998 and 2003. Regrettably, since Arne Duncan, said yesterday that poor tually unlimited amendments and then 2003, our investment in science has children getting vouchers to attend we vote. So a premature conclusion to eroded. As a result, only 24 percent of private schools in the District of Co- this bill before we have a chance to im- research projects are currently funded, lumbia should be allowed to stay there. prove it, such as keeping the DC vouch- compared to 32 percent in 1999. I am He said that to the Associated Press. I er program, I think would be unwise. glad that with the economic recovery am reading from that article where it Madam President, I ask unanimous bill and this bill, we will reverse that says that Secretary Duncan opposes consent to have printed in the RECORD trend and invest in lifesaving research vouchers. But he says essentially that the Associated Press article, the Wash- that will result in cures and treat- Washington is a special case, and kids ington Post editorial, the Chicago ments for debilitating diseases. already in private schools on the public Tribune editorial, and the Wall Street The bill increases funding for com- dime should be allowed to continue. Journal editorial. munity health centers by $125 million, To quote him directly, he said that There being no objection, the material was ordered to be printed in the which will provide access to an addi- ‘‘I don’t think it makes sense to take RECORD, as follows: tional 470,000 uninsured Americans. In kids out of a school where they’re my State, this program just awarded a happy and safe and satisfied and learn- US SCHOOLS CHIEF WANTS DC KIDS TO KEEP VOUCHERS grant to a health clinic that was on the ing. . . . I think those kids need to stay (By Libby Quaid) verge of shutting its doors. The funding in their school.’’ I think Secretary Duncan is right. I WASHINGTON.—Education Secretary Arne is a lifeline that saved 25 jobs, and Duncan said Wednesday that poor children could create another 22 jobs within the also think—and I said this at his hear- getting vouchers to attend private schools in next 18 months. More important, the ing—that Secretary Duncan is the best the District of Columbia should be allowed center will provide primary health of the distinguished appointments to stay there even as congressional Demo- care, mental health counseling, and President Obama has made. He can be crats work to end the program. dental care to those who have lost a real help to the children in this coun- His remarks, in an interview with The As- their jobs, and with them their health try. I look forward to working with sociated Press, put the Obama administra- him. tion at odds with Democrats who oppose the insurance, during this economic crisis. program because it spends public dollars on This will keep people healthy and re- I am an original cosponsor of an private schools. duce health care costs in the future. amendment that Senators ENSIGN, Duncan opposes vouchers. But he said The bill increases support for health LIEBERMAN, GREGG, VOINOVICH, KYL, Washington is a special case, and kids al- care workforce programs, which is crit- DEMINT, BROWNBACK, and CORNYN have ready in private schools on the public dime ical to increase access to primary care introduced that would solve this prob- should be allowed to continue. ‘‘I don’t think it makes sense to take kids and to address the nursing shortage lem, that would remove the language from the omnibus bill that would make out of a school where they’re happy and safe that our country faces. and satisfied and learning,’’ Duncan told Lastly, the bill increases funding for it harder for the DC Voucher Program said. ‘‘I think those kids need to stay in immunizations by $30 million, which to continue. their school.’’ will provide vaccinations to an addi- I think we should also take note that Democrats in Congress have written a tional 15,000 children. Immunizations DC Mayor Adrian Fenty and Chan- spending bill that would effectively end the are one of the most cost-effective ways cellor Michelle Rhee, both of whom are program after next year. The bill says Con- to improve health and an important acting courageously to try to improve gress and the city council would have to OK the schools in the District, favor keep- more money, which is unlikely. component in transforming our health A vote is expected later this week. care system to prevent sickness, and ing the program. Lawmakers, in a statement accompanying not just treat it. The Washington Post, the Chicago the bill, said no new children should be en- Mr. President, for all of these reasons Tribune, the Wall Street Journal edi- rolled in the program. And they said D.C. and more this bill makes the right in- torial pages have all voiced support of schools chancellor Michelle Rhee should vestments in our country and I urge its this program since this omnibus lan- take steps to minimize any disruption for passage. guage was introduced in the House. kids as they transition back into public The DC program is being singled out. schools. I yield the floor and suggest the ab- The issue of vouchers exposes a deep fis- sence of a quorum. I understand this may cause some sure between Republicans, who support The ACTING PRESIDENT pro tem- problem with some House Members them, and Democrats, who oppose them. pore. The clerk will call the roll. who would rather see us not amend the Republicans insist that parents deserve a The legislative clerk proceeded to bill that came to us, but that is our choice if their kids are in failing schools, call the roll. job. This is the Senate. That is the saying vouchers create competition that Mr. ALEXANDER. Madam President, House of Representatives. If, in a great puts pressure on public schools to do better. Democrats say it is impossible to expect I ask unanimous consent that the order big bill that spends $410 billion, we see public schools to do better while precious for the quorum call be rescinded. some things that need to be improved, public dollars are being siphoned away to The PRESIDING OFFICER (Mrs. we ought to have a chance to improve private schools. GILLIBRAND). Without objection, it is so them. In this case, there is broad ‘‘I don’t think vouchers ultimately are the ordered. agreement with the President’s Edu- answer,’’ Duncan said. ‘‘We need to be more Mr. ALEXANDER. Madam President, cation Secretary and many others that ambitious. The goal shouldn’t be to save a I wish to discuss the DC voucher pro- the DC kids need this and deserve this. handful of children. The goal should be to gram, officially the DC Opportunity There are 1,700 children currently at- dramatically change the opportunity structure for entire neighborhoods of kids.’’ Scholarship Program. This is a pro- tending private schools in DC using The voucher program in Washington has gram that was established in 2004 to these opportunity scholarships of up to been an exception in the debate over vouch- provide low-income families with $7,500 a year. ers. Because of the sorry state of public

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.003 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2786 CONGRESSIONAL RECORD — SENATE March 5, 2009 schools in the nation’s capitol, some Demo- improved test scores, feeling of safety and Wolf, nine found significant academic im- crats were willing to allow it in 2003 when a improved motivation. provements. Republican-led Congress created the voucher But the debate unfolding on Capitol Hill President Obama doesn’t need to be told program. isn’t about facts. It’s about politics and the about the deficiencies of Washington’s public And while big-city school superintendents stranglehold the teachers unions have on the schools: He rejected them in favor of a pri- generally oppose vouchers, Rhee, the schools Democratic Party. Why else has so much vate school for his daughters. chancellor, has said she is open to the Dis- time and effort gone into trying to kill off Ask how many members of Congress send trict’s voucher program. what, in the grand scheme of government their children to public schools in D.C. ‘‘I don’t think vouchers are going to solve spending, is a tiny program? Why wouldn’t They are pushing through legislation that all the ills of public education, but parents Congress want to get the results of a care- is grossly unfair fashion toward 1,900 chil- who are zoned to schools that are failing fully calibrated scientific study before pull- dren and their parents who don’t have the kids should have options to do better by ing the plug on a program that has proved to luxury of paying for private schools. their kids,’’ Rhee told The New York Times be enormously popular? Could the real fear We need more information about the ef- recently. be that school vouchers might actually be fects of school vouchers. Should Democrats The D.C. program gives scholarships to shown to be effective in leveling the aca- in Congress have their way, we won’t get it. about 1,700 poor kids so they can attend pri- demic playing field? If they want to end the experiment at such vate schools. This week, the Senate takes up the omni- an early stage, it’s not because they think It is the only federal voucher program in bus spending bill, and we hope that, with the it’s failing, but because they fear it’s work- the country. Other cities and states have help of supporters such as Sen. Joseph I. ing. similar programs—vouchers are available in Lieberman (I–Conn.), the program gets the [From the Wall Street Journal, Mar. 3, 2009] Milwaukee, Cleveland, Florida, Utah, Ari- reprieve it deserves. If it doesn’t, someone zona and Georgia—but they are paid for with needs to tell Ms. Parker why a bunch of WILL OBAMA STAND UP FOR THESE KIDS? local tax dollars. elected officials who can send their children Dick Durbin has a nasty surprise for two of Several states offer tax credits to help pay to any school they choose are taking that Sasha and Malia Obama’s new schoolmates. for private school, but those are also local option from her. And it puts the president in an awkward po- and not federal programs. sition. Obama sent mixed messages on vouchers [From the Chicago Tribune, Mar. 3, 2009] The children are Sarah and James Parker. during his presidential campaign. He told the Like the Obama girls, Sarah and James at- A VOTE FOR IGNORANCE Milwaukee Journal Sentinel in February 2008 tend the Sidwell Friends School in our na- that he was open to vouchers if research ‘‘If there was any argument for vouchers, tion’s capital. Unlike the Obama girls, they showed they work. But his campaign swiftly it was, ‘Let’s see if it works.’ And if it does, could not afford the school without the $7,500 backtracked, issuing a statement saying whatever my preconception, you do what’s voucher they receive from the D.C. Oppor- Obama had always been a critic of vouchers. best for kids.’’—Barack Obama, Feb. 13, 2008. tunity Scholarship program. Unfortunately, Supporters of the District’s voucher pro- There’s a novel concept—approaching edu- a spending bill the Senate takes up this week gram are quick to point out that Obama’s cation policy with the paramount goal of includes a poison pill that would kill this daughters attend a private school in Wash- helping students rather than, say, teachers program—and with it perhaps the Parker ington, Sidwell Friends School, that also has unions or school bureaucracies. So novel, in children’s hopes for a Sidwell diploma. students whose tuition is paid through the fact, that within days of making that state- Known as the ‘‘Durbin language’’ after the voucher program. ment, Obama thought better of it. ‘‘Senator Illinois Democrat who came up with it last When asked about Duncan’s remarks, Sen. Obama has always been a critic of vouchers,’’ year, the provision mandates that the schol- Lamar Alexander, R–Tenn., said the edu- his campaign declared. arship program ends after the next school cation secretary was ‘‘exactly right.’’ Now Democrats in Congress are lining up year unless Congress reauthorizes it and the ‘‘Senators should listen to him by voting to oppose this alternative rather than wait- District of Columbia approves. The beauty of this week to continue funding vouchers for ing to see if it works. In the giant spending this language is that it allows opponents to DC schoolchildren,’’ Alexander said. bill passed last week by the House, they cut kill the program simply by doing nothing. off money for the only federally financed Just the sort of sneaky maneuver that’s so [From The Washington Post, Mar. 2, 2009]. voucher program in the U.S. handy when you don’t want inner-city moms It’s in Washington, D.C., which has among ‘POTENTIAL’ DISRUPTION? and dads to catch on that you are cutting the worst schools in America. A 2007 report one of their lifelines. ENDING D.C. SCHOOL VOUCHERS WOULD DASH found that fewer than half of the capital’s Deborah Parker says such a move would be THE BEST HOPES OF HUNDREDS OF CHILDREN grade-school pupils are proficient in reading devastating for her kids. ‘‘I once took Sarah Rep. David R. Obey (Wis.) and other con- or math—and results are worse in higher to Roosevelt High School to see its metal de- gressional Democrats should spare us their grades. tectors and security guards,’’ she says. ‘‘I phony concern about the children partici- In 2004, Congress financed a pilot program wanted to scare her into appreciation for pating in the District’s school voucher pro- to give some 1,900 children vouchers to at- what she has at Sidwell.’’ It’s not just safety, gram. If they cared for the future of these tend private schools. either. According to the latest test scores, students, they wouldn’t be so quick as to try It’s a modest undertaking, providing just fewer than half of Roosevelt’s students are to kill the program that affords low-income, $7,500 per child—less than a third of what the proficient in reading or math. minority children a chance at a better edu- District of Columbia spends per pupil in pub- That’s the reality that the Parkers and cation. Their refusal to even give the pro- lic schools. It only begins to satisfy the de- 1,700 other low-income students face if Sen. gram a fair hearing makes it critical that mand for educational alternatives, since Durbin and his allies get their way. And it D.C. Mayor Adrian M. Fenty (D) seek help more than 7,000 kids applied for the vouch- points to perhaps the most odious of double from voucher supporters in the Senate and, ers. Ninety-nine percent of the recipients, by standards in American life today: the way if need be, President Obama. the way, are black or Hispanic, with an aver- some of our loudest champions of public edu- Last week, the Democrat-controlled House age family income of less than $23,000. cation vote to keep other people’s children— passed a spending bill that spells the end, But vouchers are anathema to many in the mostly inner-city blacks and Latinos— after the 2009–10 school year, of the federally Democratic Party because teachers unions trapped in schools where they’d never let funded program that enables poor students feel threatened by the prospect of more chil- their own kids set foot. to attend private schools with scholarships dren going to non-union private schools. So This double standard is largely unchal- of up to $7,500. A statement signed by Mr. this bill says there will be no more money lenged by either the teachers’ unions or the Obey as Appropriations Committee chairman for the program after this year and directs press corps. For the teachers’ unions, it’s a that accompanied the $410 billion spending the head of D.C.’s public schools to ‘‘prompt- fairly cold-blooded calculation. They’re will- package directs D.C. Schools Chancellor ly take steps to minimize potential disrup- ing to look the other way at lawmakers who Michelle A. Rhee to ‘‘promptly take steps to tion and ensure smooth transition’’ for kids chose private or parochial schools for their minimize potential disruption and ensure who will be forced back into schools their own kids—so long as these lawmakers vote smooth transition’’ for students forced back parents found wanting. in ways that keep the union grip on the pub- into the public schools. Democrats to kids: Tough luck. lic schools intact and an escape hatch like We would like Mr. Obey and his colleagues What’s the hurry here? This experiment vouchers bolted. to talk about possible ‘‘disruption’’ with has yet to run its course, with only two As for the press, complaints tend to be lim- Deborah Parker, mother of two children who years’ worth of data assessed so far. Patrick ited to the odd column or editorial. That’s attend Sidwell Friends School because of the Wolf, a University of Arkansas professor who one reason it was so startling back in 2000 D.C. Opportunity Scholarship Program. ‘‘The is leading the assessment, found that chil- when Time magazine’s Tamala Edwards, dur- mere thought of returning to public school dren who got vouchers have performed no ing a live televised debate at Harlem’s Apol- frightens me,’’ Ms. Parker told us as she re- better than those who were turned down. But lo Theater, asked Al Gore about the pro- lated the opportunities—such as a trip to he says there have been ‘‘large positive ef- priety of sending his own son to private China for her son—made possible by the pro- fects’’ on their parents’’ satisfaction. school while opposing any effort to extend gram. Tell her, as critics claim, that vouch- And there are reasons for hope. Of the 10 the same choice to African-Americans with- ers don’t work, and she’ll list her children’s studies of existing voucher systems, says out his financial wherewithal. As CNN’s Jeff

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.004 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2787 Greenfield would note later in the same de- The amendment was defeated. It was land Security and Governmental Af- bate, Mr. Gore ‘‘bristled’’ when Ms. Edward’s defeated because those pushing for fairs. He gave his personal assurance to put the question to him. voucher schools said that is going to the Members of the Senate that there Virginia Walden-Ford, executive director stop creativity, it is going to confine will be a hearing and an attempt to of D.C. Parents for School Choice, wouldn’t mind making a few more politicians bristle. these schools, and we should let them markup reauthorization of this pro- ‘‘I’d like to see a reporter stand up at one of do what they are going to do. gram. That is the orderly process, it is those nationally televised press conferences I didn’t buy that because, frankly, we the sensible process, and at the end of and ask President Obama what he thinks impose those standards on public the day we are going to learn a lot about what his own party is doing to keep schools across America, but my amend- about the voucher schools and how two innocent kids from attending the same ment was defeated. they are doing. school where he sends his?’’ Now, the second amendment I offered Now, in the meantime—and I know As for Sidwell, the school has welcomed said the DC voucher schools—the build- the Senator from Tennessee knows the Opportunity Scholarship program. ings themselves—had to pass the fire this—I would say we have a new school Though headmaster Bruce Stewart declines safety code of the District of Columbia chancellor in the District of Columbia to get into either politics or the Obamas, he who is trying her very best to bring re- says that a program that gives parents more for teaching children. All right? The educational options for their children is not amendment was defeated. Those push- form to public education. I know some only good for their kids, it’s good for the ing the voucher program said: You of her proposals are controversial, but community. Plainly he’s not doing it for the know, you don’t get it. This is about a I think she is on the right track to money: Even the full D.C. voucher covers creative approach to education. It may bring in quality teachers and a quality only a small fraction of Sidwell’s actual not be the traditional classroom set- learning environment in the public costs. ting. We defeat your amendment. schools. So let us look at this thing in All of which leaves the First Parent with a The third amendment said: Well, in the perspective of an experiment for 5 decision to make: Will he stand up for those years, that was extended 1 year by this like his own children’s schoolmates—or fairness, if the argument is that vouch- stand in front of the Sidwell door with Mr. er schools are better than DC public bill, that we can take an honest look at Durbin? It’s hard to imagine white congres- schools, there ought to be a common and ask: Did it work? sional Democrats going up against him if he standard to judge them. So my amend- Put aside for a moment whether you called them out on an issue where they have ment said they shall take the same agree the Federal Government ought to put him in this embarrassing position. This, achievement test—the voucher school put money into the hands of families to after all, is a man who has written of the students and the public school stu- send kids to private schools and ask ‘‘anger’’ he felt as a community organizer, dents—so we can then compare apples the basic question: Did it work? Are when his attempts to improve things for Chi- the students better off? Are they learn- cago school kids ran up against an ‘‘uncom- to apples. My amendment was defeated, and the argument was voucher schools ing more? That is a legitimate ques- fortable fact.’’ tion, and I want to know the answer, ‘‘The biggest source of resistance [to re- have to be allowed this creativity to form],’’ he said, ‘‘was rarely talked about ... think anew and to try different things. and I will bet the Senator does too. In namely, the uncomfortable fact that every I don’t buy it. the meantime, we should provide an one of our churches was filled with teachers, So I started with real skepticism and environment for the public schools in principals, and district superintendents. Few I voted against this program. Now, in the District of Columbia to have real of these educators sent their own children to the ensuing time—the 4 or 5 years— reform, and that involves some money, public schools; they knew too much for that. 1,700 students have received Federal I am sure, but it ought to be money we But they would defend the status quo with invest wisely as we invest in the vouch- the same skill and vigor as their white coun- subsidies to go to private schools. It is the only place in America I know er schools. There have been a few arti- terparts of two decades before.’’ cles that have been inaccurate about Let’s just say that Sarah and James where that is happening. The idea, of the DC voucher program, and I wished Parker—and thousands just like them—could course, was that at the end of this ex- to present my point of view on that use some of that same Obama anger right perimental authorization period, we program while the Senator from Ten- about now. would try to step back and ask: Was nessee is still here. I wish to move to The PRESIDING OFFICER. The Sen- this a good idea? Was it good for the another topic, unless he wants to ad- ator from Illinois. kids, good for the families, good for the dress a question, which I would be Mr. DURBIN. Madam President, the District of Columbia, and our Nation? happy to entertain. Senator from Tennessee is a friend of That was the idea behind it. This law Mr. ALEXANDER. I thank the Sen- mine. He has served as Secretary of creating these DC voucher schools was ator from Illinois, and I look forward Education, we talk about education to expire this year in June. Now, my to working with him on helping the issues, and we share a common admira- committee funds the District of Colum- District of Columbia, including the tion for the new Secretary of Edu- bia, the Federal funds that go into it, mayor and the superintendent in the cation. But I would like to correct, and so we said: You know, that may be District who would like for this to con- while he is still on the floor, a few of too abrupt. It may not be fair. So what tinue. the things he said. we will do is we will extend through The question I have is: Why is it nec- Five years ago, the Bush administra- the 2009–2010 school year the DC vouch- essary for this legislation to insist that tion said, for the first time in the his- er schools, but somebody has to step the program end in September of 2010 tory of America, we will create a feder- back and take a look at this and ask: Is and that we add the provision the city ally funded voucher program. Here is it working? council would have to approve it if it is what it says: Federal taxpayers’ dollars When the Government Account- continued by the Congress? will be given to parents of students in ability Office went to take a look at it, Usually, when we have education pro- the District of Columbia—Washington, they said that some of these schools grams whose authorization runs out, DC—who want to put their kids in pri- are world class—these voucher we continue them for a while as we go vate schools. The Federal Government schools—and some of them end up through the analysis the Senator will pay a certain amount of money in being classes taught in the basement of talked about, such as the Higher Edu- tuition vouchers to those schools on a private church in the District of Co- cation Act which took us 6 years or the behalf of the students and their par- lumbia by people who don’t have the Head Start Act which took us 3 or 4 ents. competence to teach. years or No Child Left Behind or so It was a 5-year experiment, and there Now, the Senator from Tennessee many others. Why is it necessary that was a lot of controversy associated doesn’t want that to happen in his we even address the ending of this pro- with it. Some of us were skeptical. I of- State, and I don’t want it to happen in gram in this legislation? fered three amendments to this DC my State, and I certainly don’t think Mr. DURBIN. I might say, in re- voucher program. The first amendment it should happen here on our watch. So sponse to the Senator from Tennessee, I offered in the Appropriations Com- I extended this program 1 year, and it that is a legitimate question. When the mittee said that all the teachers in the is in the hands of Senator JOE law was written, that is what it said: voucher schools—the private voucher LIEBERMAN. Senator LIEBERMAN is the This program will expire. The author- schools—have to have a college degree. chairman of the Committee on Home- ization will end. I have extended it in

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.005 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2788 CONGRESSIONAL RECORD — SENATE March 5, 2009 this bill an additional year so we can will oppose. Page 763 of the bill—it is a all the war that revolves around them take the time not to push the kids out big one, but I will point you to the spe- and, to put the icing on the cake, a vol- of the classrooms and take the time to cific page, 763—says: cano which erupts with regularity. make the judgment whether it is work- . . . none of the funds made available in These poor folks get it in every direc- ing. this Act nor any unobligated balances from tion. But there in Goma was a hospital One of your colleagues, whom you prior appropriations Acts may be made called DOCS hospital. DOCS hospital is vote with frequently and who sits be- available to any organization or program sustained and financed by protestant hind you, from Oklahoma, who has this which, as determined by the President of the churches in the United States. It has a passion about authorizations, he says: United States, supports or participates in modern surgical suite, paid for by the the management of a program of coercive United Nations. You know, you do an authorization abortion or involuntary sterilization: bill, and you are talking about spend- When you go to this hospital, you see A flatout prohibition. It is already ing money. I don’t happen to agree women lined up in a row, hanging onto there. Then when it comes to the issue with him. I think it takes an appro- their meager belongings, waiting for of China, which has been the center- priation in addition to an authoriza- the chance to be admitted to the hos- piece of this debate about coercive tion. But if an authorization has any pital. Why? Because this is the only abortions and involuntary steriliza- meaning, particularly when dealing place within hundreds of miles where tion, there is a long section—page 929— with a new venture, in terms of Federal they can go for surgical treatment of which I will refer my colleagues to. taxpayer dollars going to private what is known as obstetric fistula. Ob- The net result is this. It says in the schools, I think we owe it to every- stetric fistula—I will try to describe it; first paragraph: body—the taxpayers as well as the par- not being a doctor—is the result of ents, teachers, and kids—to ask the Not later than 60 days after the date of en- early pregnancies, long labors of young actment of this Act, the Secretary of State hard questions. girls, rape, terrible mutilation that oc- shall submit a report to the Committees on curs and causes serious problems for If the GAO comes in and tells us Appropriations indicating the amount of someone somewhere in the District of these women. They become inconti- funds that the UNFPA is budgeting for the nent, they are unable to join their fam- Columbia has created what they call a year in which the report is submitted for a voucher school so that their wife can country program in the People’s Republic of ilies, they are shunned by their vil- declare herself principal and their China. lages. This is their only hope. They daughter can declare herself a teacher So we ask the Secretary of State to come to this hospital and they wait. and the kids can sit in a building which go to New York and find out how much They sit in the dust in the road hop- doesn’t have a fire exit, I am a little money is going to China, where we sus- ing—and it is sometimes weeks later— to be seen by a doctor. They cook out- worried about that. I don’t think we pect coercive abortion and involuntary side and help one another, and then ought to go on with business as usual sterilization. The second paragraph they may go through a surgery. At the in that situation, and I would like to at says we will then deduct that amount end of the surgery, they end up two to least have an honest appraisal. of funds from any money that goes to a bed trying to recuperate. Some of I would say to the Senator from Ten- the United Nations for family plan- them, because they are so badly muti- nessee, it is my impression Senator ning. lated, have to go through multiple sur- LIEBERMAN of Connecticut is leaning So it is specific, and we are specific geries and wait month after weary toward the voucher school program, so in terms of these practices. We can’t month while a handful of surgeons and he doesn’t come to this with prejudice spend any money for these practices; nurses do heroic jobs in trying to put against it. I would not presume that is and, secondly, no money to the Peo- their lives back together. his ultimate position, but I think he ple’s Republic of China which is not set Is that worth putting some money will be an honest broker. He will bring off by a reduction in the Federal in- into? Is it? Is it worth saying to the all the facts out. I think that is why we vestment. U.N. Population Fund: Can you help Now, let me tell you why this amend- are here, and I think it is a legitimate these people? Can you bring in some exercise of our responsibilities. ment not only ignores the clear lan- doctors, some surgeons to treat them? Mr. ALEXANDER. I thank the Sen- guage of the bill but should not be They are victims, helpless victims, who ator from Illinois, and would only note passed. There are six limited purposes are trying to put their lives back to- that Senator LIEBERMAN is a cosponsor for which we are trying to use the U.N. gether. I think it is money well spent. of the amendment we would like to Population Fund, and they are, among I have a friend of mine named Molly have a chance to vote on. other things, to reduce genital mutila- Melching. Molly Melching is in Sen- AMENDMENT NO. 607 tion and obstetric fistula and to pro- egal. She was in the Peace Corps there, Mr. DURBIN. Madam President, vide voluntary family planning and and after her service in the Peace there is an amendment pending—and it basic health care to women and girls. Corps she decided to stay on. She has is an amendment offered by Senator It has been my opportunity and created an organization called Tostan. WICKER of Mississippi—which is one of honor to visit Africa. In one of those Tostan is trying to stop the ritualistic those red-hot amendments that gets visits, with Senator BROWNBACK of genital mutilation of girls. It is hor- people riled up around here because it Kansas, we went to the Democratic Re- rible, and it is dangerous. Village by deals with a controversial issue, and public of Congo, which doesn’t get the village, tribe by tribe, Molly is making that is the issue of abortion. publicity of many places in Africa, but progress, and I think that is the right Of course, many of us have stated our it has been one of the killing fields. thing to do, for the dignity of these positions on the record time and again, There have been thousands—maybe young girls and for the role of women but this comes down to a specific ele- hundreds of thousands—of people killed in these African societies. Is it worth ment here. What Senator WICKER does in this region. It has been torn back money from the United Nations Popu- is to strike the language in the bill and forth since the Rwandan genocide, lation Fund? I think it is. that permits funding of the U.N. Popu- with the exploitation of minerals. The And voluntary family planning, we lation Fund for six limited purposes. net result has been the poorest people have ascribed to that particular goal in He has stated that his reason for doing on Earth, smack dab in the center of America, that women should have a so is to make certain we don’t put Africa, have been pushed out of their choice to plan their families with their money into China, where there is evi- villages and into refugee camps, and spouse and with their conscience. I dence of coercive abortion and involun- they have been victimized by guerilla think the same thing, short of abor- tary sterilization; and he certainly soldiers. tion, should be available through the says he doesn’t want Federal funds to Well, I went to a hospital in Goma, United Nations Population Fund. Un- be spent for the promotion of abortion which is in the Democratic Republic of fortunately, the Wicker amendment anywhere in the world. Congo. It is one of those places where strikes the language which permits I would say there are two elements of you think if God has a bad day, the funding for those purposes. It is not the bill which I would recommend to first thing he does is look at Goma be- right. all Members before they vote on the cause they have had it all—poverty, We know you cannot spend the Wicker amendment, which I hope they disease, all the strife of guerrillas and money here for coercive abortion, we

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.006 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2789 know you cannot spend the money here any company that has a business presence in Senator ENSIGN has amendment No. for involuntary sterilization, we know Iran’s energy sector. 615, cosponsored by Senator VOINOVICH, if you spend the money in China we are Cochran (for Inhofe) amendment No. 613, to Senator KYL, Senator DEMINT, Senator provide that no funds may be made available going to take it away from the United BROWNBACK, and Senator CORNYN, to make any assessed contribution or vol- Nations. untary payment of the United States to the which would deal with a subject where This amendment goes too far. I urge United Nations if the United Nations imple- they are seeking to have a vote. my colleagues, particularly those who ments or imposes any taxation on any I do not necessarily agree with all of are of a persuasion that opposes abor- United States persons. these amendments. In fact, as I review tion and believe they should oppose it Cochran (for Crapo (and others) amend- them, there are some I disagree with. in every circumstance, give women in ment No. 638, to strike a provision relating But I believe Senators ought to have the poorest countries on Earth the op- to Federal Trade Commission authority over an opportunity to offer amendments. home mortgages. tion of voluntary family planning. Do Yesterday the Senate voted on an something for these poor women who The PRESIDING OFFICER. The Sen- issue involving Emmett Till, and many have been victimized by rape and war, ator from Pennsylvania is recognized. Senators voted against that amend- and these young pregnancies that un- Mr. SPECTER. Madam President, I ment, as I understand it, to avoid hav- fortunately cause so much damage to ask unanimous consent I may speak for ing an amendment agreed to on the their bodies. Give them a chance to put 10 minutes as in morning business. omnibus which would require a con- their lives back together. Also, when it The PRESIDING OFFICER. Without ference with the House of Representa- comes to genital mutilation, the objection, it is so ordered. tives. I think it is something we ought United Nations should be in the fore- Mr. SPECTER. I have sought rec- to decide on the merits, as to the front of promoting modern treatment ognition to comment about the pend- amendment, without respect to having of women and not leave ourselves in ing bill. As I reflect on it, I am speak- a conference. Regular order under our legislative the distant dark past of these tribal ing on the bill and do not need to put process is to exercise our judgment on customs. I am sure Senator WICKER it in morning business. It is on the bill amendments. Then, if the Senate bill is does not intend for this to happen, but itself. different from the House bill, if an I am afraid that is the result of it. I note the majority leader has filed a amendment is agreed to, then you have I urge my colleagues to oppose the motion for cloture and it is scheduled a conference. That is the way we do Wicker amendment. for 9:30 tomorrow. We may vote on it today. But whenever we vote on it, business. That is regular order. To de- f there are some observations I have. I termine how you are going to vote on ORDER OF PROCEDURE want to give my thinking on the issue. an amendment in order to avoid a con- Mr. DURBIN. Madam President, I ask My current inclination is to vote ference seems to me to be beside the unanimous consent that a vote with re- against cloture because there has been point. If there were some emergency, some spect to amendment No. 607, as modi- insufficient time to offer amendments. reason to avoid a conference, perhaps fied, occur at 12:10—that is the Wicker This omnibus bill contains most of so. But there is time to have a Senate amendment; that there be 45 minutes the budget process and there are a bill which disagrees with the House bill of debate with respect to the amend- great many amendments pending. I and to have a conference and iron it ment prior to the vote, equally divided compliment the majority leader for out on regular order. Whenever we de- and controlled between the leaders or moving from the position of blocking part from regular order, it seems to their designees, that no amendment be all amendments. We have had consider- me, we run into potential problems. in order on the amendment prior to a able discussion last year, and even be- The institutions of the Senate have vote in relation thereto. fore that, about a practice of majority been crafted over centuries. The Senate The PRESIDING OFFICER. Without leaders taking procedural steps known is smarter than I am, certainly, and objection, it is so ordered. as—there is an arcane procedure, inside-the-beltway talk—filling the tree, perhaps smarter than other Senators. f stopping amendments being offered and But I think we ought to follow the reg- CONCLUSION OF MORNING then moving to cloture. I have opposed ular order. That is why I am dis- BUSINESS cloture and have urged that regular inclined to vote for cloture. order be followed in allowing amend- I know the majority leader wants to The PRESIDING OFFICER. Morning move this bill, but we have time to business is closed. ments to be offered. The unique feature about the Senate take up these amendments. If we move f is that any Senator can offer virtually on into additional sessions of the Sen- OMNIBUS APPROPRIATIONS ACT, any amendment at virtually any time ate later this week, later tonight, later 2009 on virtually any bill. That, plus unlim- next week, then I think that is what ought to be done and Senators ought to The PRESIDING OFFICER. Under ited debate, makes this a very extraor- have an opportunity to offer these the previous order, the Senate will re- dinary body where we can focus public attention on important matters of pub- amendments. sume consideration of H.R. 1105, which In the absence of any other Senator the clerk will report by title. lic policy and acquaint the public with what is going on and seek to improve seeking recognition, I suggest the ab- The assistant legislative clerk read sence of a quorum. as follows: our governance. The majority leader has objected to The PRESIDING OFFICER. The A bill (H.R. 1105) making omnibus appro- quite a number of amendments coming clerk will call the roll. priations for the fiscal year ending Sep- The assistant legislative clerk pro- up. Looking over the list, there are tember 30, 2009, and for other purposes. ceeded to call the roll. Pending: quite a number of amendments which I Mr. LEAHY. Madam President, I ask believe merit consideration. Senator Wicker modified amendment No. 607, to re- unanimous consent that the order for GRASSLEY has tried to advance amend- quire that amounts appropriated for the the quorum call be rescinded. United Nations Population Fund are not ment No. 628. He did again this morn- The PRESIDING OFFICER. Without used by organizations which support coercive ing. There was an objection raised to objection, it is so ordered. abortion or involuntary sterilization. it. Mr. LEAHY. What is the parliamen- Thune modified amendment No. 635, to pro- Senator SESSIONS has sought to offer tary situation? vide funding for the Emergency Fund for In- amendment No. 604 and he has been The PRESIDING OFFICER. At 11:25 dian Safety and Health, with an offset. blocked on four occasions from offering the Senate will begin 45 minutes of de- Murkowski amendment No. 599, to modify this amendment on the economic stim- bate on amendment No. 607, and the a provision relating to the repromulgation of ulus. final rules by the Secretary of the Interior time will be equally divided. and the Secretary of Commerce. Senator VITTER has a number of Mr. LEAHY. Are we still in morning Cochran (for Kyl) amendment No. 634, to amendments, one of which is amend- business? prohibit the expenditure of amounts made ment No. 636, involving drug re- The PRESIDING OFFICER. No, the available under this Act in a contract with importation from Canada. Senate is on the bill.

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.008 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2790 CONGRESSIONAL RECORD — SENATE March 5, 2009 Mr. LEAHY. Madam President, I sug- dollar, from the U.N. Population Fund sissippi would prohibit funding for the gest the absence of a quorum. for a program it spends in China. The U.N. Population Fund for that. The PRESIDING OFFICER. The bill already does that. So for all prac- Funds are provided to promote access clerk will call the roll. tical purposes, the amendment of the to clean water, sanitation, food and The assistant legislative clerk pro- junior Senator from Mississippi does health care for poor women and girls. ceeded to call the roll. nothing that the bill already does not His amendment would prohibit that. I Mr. LEAHY. Madam President, I ask do, with one exception. have traveled to different parts of the unanimous consent that the order for His amendment would also strike the world. I have seen the differences in the quorum call be rescinded. six limited purposes that are specified the lives of women and young girls The PRESIDING OFFICER. Without in the bill for which funds are made that are made with these programs. objection, it is so ordered. available to the U.N. Population Fund. The Senator prohibits that. AMENDMENT NO. 607 For example, he would strike the funds The U.S. Agency for International Mr. LEAHY. Madam President, I un- that are provided ‘‘to promote the Development has these types of pro- derstand that we are on the Wicker abandonment of female genital mutila- grams in 53 countries, but the U.N. amendment. I have listened to the tion and child marriage.’’ Why would Population Fund works in about 150 statements made about it. It is hard to we want to cut programs to help en- countries. If you live in the Republic of understand what the real purpose of courage an end to child marriage? Is the Congo or the Central African Re- the amendment is, although the junior there anybody in the Senate in favor of public, two of the poorest countries in Senator from Mississippi says the pur- child marriage? Is there anyone in the Africa, and you are a 16-year-old girl pose is as follows: To require that Senate in favor of female genital muti- with obstetric fistula, you are out of amounts appropriated for the United lation? I find it amazing I have to even luck because USAID does not have pro- Nations Population Fund are not used come to the floor to talk about this. grams there. That is why we fund the by organizations which support coer- Yet his amendment would remove the U.N. program. If you have a 7-year-old cive abortion or involuntary steriliza- funds we provide to try to stop child daughter who has been raped there, we tion. marriage and female genital mutila- don’t have a program to help her. But I do not know anybody who would tion. Why should we vote for some- we give funds to the U.N. to help her. disagree with that. But apparently he thing like that? The amendment of the Senator from believes that his amendment is nec- Why should we prohibit funding to Mississippi would stop that. essary to prevent funds from being reduce the incidence of child marriage If you live in Niger or Mauritania, used for coercive abortion or involun- in countries where girls as young as 9 where genital mutilation is common, tary sterilization. Let me state what is years old are forced to marry men they or in Sri Lanka where child marriage is in the bill, because it is the same as have never met, sometimes five times common, we don’t have funds there, current law. It already prohibits funds their age, who then abuse them? but we give funds to the U.N. to help. for abortions of any kind, whether co- The bill also provides funds to pre- The Senator’s amendment creates a ercive or otherwise. No funds in this vent and treat obstetric fistula. For problem where there is none. It denies bill can be used for abortion. So the those who are not familiar with this, it funding to address the basic needs of amendment is unnecessary for that is a terrible, debilitating condition poor women and girls who are sub- purpose. that can destroy the life of any woman jected to practices that would be His amendment prohibits funds for who suffers from it. But it can be treat- crimes in this country. involuntary sterilization. Well, none of ed with surgery. Our law already prohibits funds for us is going to permit the use of Federal I ask unanimous consent that a Feb- abortion of any kind, whether coercive funds for involuntary sterilization. I ruary 24 article in the New York Times or voluntary. We already prohibit urge him to read the bill. We already on obstetric fistula be printed in the funds for involuntary sterilization. We prohibit that. So the amendment is un- RECORD at the end of my remarks. prohibit funds for the U.N. Population necessary for that purpose. The PRESIDING OFFICER. Without Fund’s program in China. We have al- Actually, if he is on the floor, I would objection, it is so ordered. ready done all these things. But we do urge him to declare victory and with- (See exhibit 1.) provide funds to help girls who are draw his amendment. Long before he Mr. LEAHY. Why we would want to being forced into marriages at the age was in the Senate, we were already pro- prohibit funds to save the lives of of 9. We do support care for women who hibiting the things he wants to pro- women who otherwise could die or be suffer from these debilitating condi- hibit. painfully debilitated for the rest of tions. We do have funds for maternal His amendment also prohibits funds their lives, I cannot understand. None care, clean water, and voluntary family for the U.N. Population Fund for a proof us would hesitate for a moment to planning. But if the amendment of the gram in China. Well, again, our bill al- provide funds to help someone in our junior Senator from Mississippi is ready does that. We already prohibit family who might be in this condition. agreed to, we would prohibit those explicitly any funds being used in I see the Senator from Mississippi on funds in many parts of the world. China by the U.N. Population Fund. the floor. His amendment prohibits I yield the floor and reserve the re- His amendment says we should put funds to the U.N. Population Fund for mainder of my time. funds for the U.N. Population Fund in that. EXHIBIT 1 a separate account and not commingle The bill provides funds to reestablish [From the New York Times, Feb. 24, 2009] them with other sums. We already do maternal health care in areas where AFTER A DEVASTATING BIRTH INJURY, HOPE that. Again, there is no need for it. medical facilities and services have His amendment prohibits funds to been destroyed or limited by natural (By Denise Grady) the U.N. Population Fund unless it disasters, armed conflict or other fac- DODOMA, TANZANIA.—Lying side by side on does not fund abortion. Well, the bill tors, such as in Pakistan after the a narrow bed, talking and giggling and pok- ing each other with skinny elbows, they already says that. For the RECORD, the earthquake that destroyed whole vil- looked like any pair of teenage girls trading U.N. Population Fund has always had a lages. Why would we not want to sup- jokes and secrets. policy of not supporting abortion. In port maternal health care? Any one of But the bed was in a crowded hospital fact, there is not a shred of evidence us, be it our sisters and daughters, our ward, and between the moments of laughter, that it ever did. It supports the same wives, we would want them to access to Sarah Jonas, 18, and Mwanaidi Swalehe, 17, voluntary family planning and health these medical services. Or in Congo, had an inescapable air of sadness. Pregnant programs the United States Agency for where armed conflict has destroyed at 16, both had given birth in 2007 after labor International Development does, but it what limited health services existed that lasted for days. Their babies had died, does it in about 97 more countries than and where thousands of women and and the prolonged labor had inflicted a dreadful injury on the mothers: an internal the United States Agency for Inter- girls have been raped, some barely old wound called a fistula, which left them in- national Development does. enough to walk. This bill provides continent and soaked in urine. The amendment by the Senator from funds for programs to help them. The Last month at the regional hospital in Mississippi would deduct, dollar for amendment of the Senator from Mis- Dodoma, they awaited expert surgeons who

VerDate Nov 24 2008 03:00 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.019 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2791 would try to repair the damage. For each, sub-Saharan Africa and Asia—those who can- a missing or damaged area. It can take sev- two previous, painful operations by other not get a Caesarean section or other medical eral weeks to tell how well the operation doctors had failed. help in time. Long neglected, fistulas have worked. ‘‘It will be great if the doctors succeed,’’ gained increasing attention in recent years, At the end of the week in Dodoma, the sur- Ms. Jonas said softly in Swahili, through an and nonprofit groups, hospitals and govern- geons said that of the 20 operations, some interpreter. ments have created programs, like the one in were straightforward and easy, and a few Along with about 20 other girls and women Dodoma, to provide the surgery. seemed likely to fail. Three patients needed ranging in age from teens to 50s, Ms. Jonas Cure rates of 90 percent or more are widely such complicated repairs that they were re- and Ms. Swalehe had taken long bus rides cited, but, Dr. Wilkinson said, ‘‘That’s not a ferred to the Kilimanjaro medical center. from their villages to this hot, dusty city for realistic number.’’ At first, it seemed as if Ms. Jonas’s oper- operations paid for by a charitable group, It may be true that the holes are closed in ation had worked, while Ms. Swalehe’s out- Amref, the African Medical and Research 90 percent of patients, but even so, women look was uncertain. Shortly after their sur- Foundation. with extensive damage and scarring do not geries, the two young women were violently The foundation had brought in two sur- always regain the nerve and muscle control ill. Ms. Swalehe wept from pain when the geons who would operate and teach doctors needed to stay dry, Dr. Wilkinson said. surgeons came in to check on her. But both and nurses from different parts of Tanzania Ideally, fistulas should be prevented, but women were smiling the next day, hoping for how to repair fistulas and care for patients prevention—which requires education, more the best. (Ultimately, Ms. Jonas’s surgery afterward. hospitals, doctors and midwives, and better failed, and Ms. Swalehe’s succeeded.) ‘‘This is a vulnerable population,’’ said one transportation—lags far behind treatment. One day after the last operation, the fis- of the experts, Dr. Gileard Masenga, from the Worldwide, there are still 100,000 new cases a tula surgeons moved on, already thinking Kilimanjaro Christian Medical Center in year, and most experts think it will take about the countless new cases that awaited Moshi, Tanzania. ‘‘These women are suf- decades to eliminate fistulas in Africa, even them. fering.’’ though they were wiped out in developed The mission—to do 20 operations in four The PRESIDING OFFICER. Who countries a century ago. Their continuing days—illustrates the challenges of providing presence is a sign that medical care for preg- yields time? medical care in one of the world’s poorest If no one yields time, time will be countries, with a shortage of doctors and nant women is desperately inadequate. ‘‘Fistula is the thing to follow,’’ Dr. charged equally to both sides. nurses, sweltering heat, limited equipment, Wilkinson said. ‘‘If you find patients with The Senator from Mississippi. unreliable electricity, a scant blood supply fistula, you’ll also find that mothers and ba- and two patients at a time in one operating Mr. WICKER. Madam President, if I room—patients with an array of injuries, bies are dying right and left.’’ could understand the order, do I under- The day before her surgery, Ms. Jonas sat from easily fixable to dauntingly complex. stand that the time is equally divided The women filled most of Ward 2, a long, on her bed, anxiously eyeing the other between the proponents and opponents women as they were wheeled back from the one-story building with a cement floor and of the amendment and that we are to two rows of closely spaced beds against oppo- operating room. Some vomited from the an- esthesia, and she found it a distressing sight. vote at approximately 10 after noon; is site walls. All had suffered from obstructed that correct? labor, meaning that their babies were too big Ms. Jonas said that when she was 16, she or in the wrong position to pass through the became intimate with a 19-year-old boy- The PRESIDING OFFICER. The Sen- birth canal. If prolonged, obstructed labor friend, without realizing that sex could make ator is correct. often kills the baby, which may then soften her pregnant. It quickly did. Her labor went Mr. WICKER. If I may, let me begin enough to fit through the pelvis, so that the on for three days. By the time a Caesarean the debate. I understand Senator was performed, it was too late. Her son sur- mother delivers a corpse. BROWNBACK and others may be coming Obstructed labor can kill the mother, too, vived for only an hour, and she developed a fistula, as well as nerve damage in one leg also. I had, frankly, understood the de- or crush her bladder, uterus and vagina be- bate would begin later so I rushed over tween her pelvic bones and the baby’s skull. that left her with an awkward gait. The injured tissue dies, leaving a fistula: a Her boyfriend denied paternity and mar- from a hearing. hole that lets urine stream out constantly ried someone else, and some friends aban- The Senator from Vermont has ques- through the vagina. In some cases, the rec- doned her because she was wet and smelled. tioned the necessity of this amend- tum is damaged and stool leaks out. Some She was living in a rural village in a two- ment. Actually, I will point out to my women also have nerve damage in the legs. room mud hut with her parents, two sisters colleagues that what the Wicker One of the most striking things about the and a brother. She had one year of education and could not read or write, but said that she amendment does is restore the Kemp- women in Ward 2 was how small they were. Kasten provision that has been a part Many stood barely five feet tall, with slight hoped to go to school again someday. frames and narrow hips, which may have The operating room in Dodoma had just of the foreign policy of this Nation for contributed to their problems. Girls not fully enough room for two operating tables, sepa- almost a quarter century. It has grown, or women stunted by malnutrition, rated by a green cloth screen. Two at a time, worked well under Republican and often have small pelvises that make them the patients, wearing bedsheets they had Democratic administrations. I submit prone to obstructed labor. draped as gracefully as their kangas, walked it would be wrong to change that pol- The women wore kangas, bolts of cloth in. Some were so short that they needed a icy at this point. wrapped into skirts, in bright prints that set of portable steps to climb up onto the table. What does Kemp-Kasten say? Kemp- stood out against the ward’s drab, chipping Kasten says Federal funds, American paint. Under the skirts, some had kangas The women had an anesthetic injected into bunched between their legs to absorb urine. their spines to numb them below the waist, taxpayer dollars, should not go to fund Not even a curtain separated the beds. An and then their legs were lifted into stirrups. coercive abortion practices or involun- occasional hot breeze blew in through the Awake, they lay in silence while the doctors tary sterilization practices. It pro- screened windows. Flies buzzed, and a cat worked, Dr. Masenga at one table and Dr. hibits the appropriation of American with one kitten loitered in the doorway. Out- Wilkinson at the other, each surrounded by dollars to organizations involved in side, kangas that had been washed by pa- other doctors who had come to learn. An air-conditioner put out more noise than such activities. But it has always made tients or their families were draped over provision that the President of the bushes and clotheslines and patches of grass, air. Flies circled, sometimes lighting on the drying in the sun. patients. A mouse scurried alongside the United States has the right to inves- Speaking to doctors and nurses in a class- wall. There were none of the beeping mon- tigate and certify whether these orga- room at the hospital, Dr. Jeffrey P. itors that dominate operating rooms in the nizations have been engaged in prac- Wilkinson, an expert on fistula repair from United States. Periodically, a nurse would tices involving coercive family plan- Duke University, noted that women with fis- take a blood pressure reading. ning activities. tulas frequently became outcasts because of Midway through the first operation the power failed, and the lights went out. Dr. Should my amendment pass, Presi- the odor. Since July, Dr. Wilkinson has been dent Obama would have the same au- working at the Kilimanjaro Christian Med- Wilkinson put on a battery-powered ical Center, which is collaborating with headlamp and kept working, but Dr. thority President Reagan, President Duke on a women’s health project. Masenga had to depend on daylight. Their Bush 1, President Bush 2, and President ‘‘I’ve met countless fistula patients who scrubs and gowns grew dark with sweat. Clinton had to make this certification. have been thrown off the bus,’’ he said. ‘‘Or Most fistula surgery is performed through In other words, the Wicker amendment their family tells them to leave, or builds a the vagina, and can take anywhere from 30 keeps the Federal policy as it has been, separate hut.’’ minutes to several hours. It involves more and the underlying bill would amount than simply sewing a hole shut: delicate dis- For the women in Ward 2, the visiting doc- to a dramatic shift in foreign policy. tors held out the best hope of regaining a section is needed to loosen nearby tissue so normal life. that there will not be too much tension on Why do we need the amendment to Fistulas are a scourge of the poor, affect- the stitches, and sometimes flaps of tissue begin with? I quote from a letter, dated ing two million women and girls, mostly in must be cut and sculpted to patch or replace June 26, 2008, from John D. Negroponte,

VerDate Nov 24 2008 01:57 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.008 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2792 CONGRESSIONAL RECORD — SENATE March 5, 2009 the Deputy Secretary of State, to Rep- Since fiscal year 2002, the Administration This is a 2007 Associated Press story resentative ILEANA ROS-LEHTINEN on has reviewed annually UNFPA’s program in which I ask unanimous consent be this question, wherein he writes: China and determined that the U.S. cannot printed at the end of my statement. fund UNFPA in light of its support or par- As reflected in the law and as a matter of ticipation in the management of China’s pro- The PRESIDING OFFICER. Without longstanding policy, the United States op- gram of coercive abortion or involuntary objection, it is so ordered. poses coercive abortion and involuntary ster- sterilization. (See exhibit 1.) ilization. Let’s be careful. I would say to my Mr. BROWNBACK. Madam President, Let me interject at this point. Cer- colleagues, let’s be careful with Amer- there is no reason to change this tainly, that should still be the policy of ican tax dollars. Let’s keep the provi- Kemp-Kasten language we have had the United States. That should always sion that allows the President of the since 1985. There is every reason to be the policy of this Federal Govern- United States to make this determina- keep it, to provide this Presidential ment, that we oppose coercive abortion tion. If there is evidence to prove that discretion. I have held hearings in the and involuntary sterilization. American tax dollars would be used by Senate where we have had people come The letter goes on: the United Nations to fund these coer- in who have gone undercover in inves- I have determined that by providing finan- cive practices, then, for God’s sake, tigating forced abortions and steriliza- cial and technical resources through its let’s not allow the U.S. taxpayers to be tions in China who have come back sixth cycle China Country Program to the a party to these abhorrent and coercive with traumatic and dramatic stories National Population and Family Planning about this continuing to take place. It Commission and related entities, UNFPA practices. provides support for and participates in man- I yield the floor. should not continue to take place, and agement of the Chinese government’s pro- The PRESIDING OFFICER. The Sen- it certainly should not happen with gram of coercive abortion and involuntary ator from Kansas. any sort of support—tacit, implicit, or sterilization. If that is true, this Senate, this Mr. BROWNBACK. Madam President, actual, or financial—from the U.S. Congress has no business taking hard-earned I rise to speak in favor of the Wicker Government. tax dollars from taxpayers and sending them amendment. I am very appreciative Clearly, the U.S. citizenry would be to UNFPA, if it, indeed, is true that they Senator WICKER has brought up this completely opposed to doing anything participate in the management of this coer- amendment. This is an issue we have cive Chinese program. like this, and in tough budgetary debated for some time, the Kemp-Kas- times, this certainly does not help our If it is not true, the President will be ten language, although it has been in economy grow. It is a policy people able to make a determination. But if since 1985. Our colleagues have put it in broadly oppose of any sort of support he investigates the question and finds there. One of the prime authors of that for forced abortions or sterilizations. It that such coercion is still being prac- language, then-Congressman Kemp, is is something for which there would ticed in China and if American dollars, struggling with illnesses himself right probably be 90 percent agreement in through UNFPA, are being used to as- now, and I certainly wish him and his this country that we should not fund or sist the program, then I would hope he family well. They have been in my support forced sterilizations or abor- would truthfully make the determina- prayers. tions anywhere—probably 95 percent. tion and, once again, it would not be a I want to put a personal feel and Maybe it is 98 percent. matter of the U.S. taxpayer funding touch on this issue. This is a story So this policy that has stood since such awful practices. about a young couple in China. 1985 has broad bipartisan support. Why Now, let me read, then, from the Yang Zhongchen was a small-town would we change it at this point in Analysis of Determination that Kemp- businessman, and he wined and dined time, with the financial difficulties we Kasten Amendment Precludes Funding three Government officials for permis- have, the broad bipartisan support that to UNFPA, which was attached to Sec- sion to become a father. It is a story it is not the right way to go, and the retary Negroponte’s letter. for which I am paraphrasing some continued evidence that this continues The analysis says: pieces and others I am taking directly to be the case today in places such as out of an AP story that was filed in China’s birth limitation program retains China and other countries around the harshly coercive elements in law and prac- 2007, to give you a texture of what we world? tice, including coercive abortion and invol- are talking about. untary sterilization. Here is a young, small-town business- I do not see the reason why we would want to go a different way. It does not That is what this debate is about. Do man. He goes to Government officials, make any sense to me we would want we want tax dollars of American work- and he says: Look, I want to be a dad. to go a different way. I think this is ers to go for coercive abortion and in- I want to be a father. He wines and not a good foreign policy for the United voluntary sterilization? dines the local officials. ‘‘But,’’ as the States to be engaged in. I do not think The analysis goes on to say: AP writer writes, ‘‘the Peking duck and liquor weren’t enough. One night, a it is a policy the American taxpayers These measures include the implementa- support. tion of birth limitation regulations, the pro- couple of weeks before [his wife’s] date vision of obligatory contraception services, for giving birth, Yang’s wife was I think if we would actually do some and the use of incentives and penalties to in- dragged from her bed in a north China thorough digging throughout China— duce compliance. town and taken to a clinic, where, she where many of these decisions are Further quoting: says, her baby was killed by injection made and the actions are actually hap- [I]t is the provinces that establish detailed while still inside her.’’ pening at the provincial level—we birth limitation policies by regulation, en- Quoting from her: would find a lot more of this going on force their compliance and punish non- ‘‘Several people held me down, they ripped than we would care to know about be- compliance. my clothes aside and the doctor pushed a cause a number of these quota numbers Quoting from the second page of this large syringe into my stomach,’’ says Jin are given to local officials who do not analysis: Yani, a shy, petite woman with a long pony- have much oversight on a national tail. ‘‘It was very painful. . . . It was all very China’s birth limitation program relies on basis, and so they act on their own ac- rough.’’ cord, and then a lot of bad things hap- harshly coercive measures, such as so-called Some 30 years after China decreed a gen- ‘‘social maintenance’’ fees . . . the threat of eral limit of one child per family, resent- pen. We would not want to be anywhere job loss or demotion, loss of access to edu- ment still brews over the state’s regular and near any of that. The American people cation— sometimes brutal intrusion into intimate do not want us anywhere near any of If Chinese citizens do not comply family matters. Not only are many second that. with these harsh measures— pregnancies aborted, but even to have one’s For those reasons, I would urge my first child requires a license. extreme social pressure, and economic incen- colleagues to look at this. This is a Seven years after the dead baby was pulled time-honored policy that has served us tives. from her body with forceps, Jin remains In families that already have two children, traumatized and, the couple and a doctor well. Support Senator WICKER’s lan- one parent is often pressured to undergo say, unable to bear children. Yang and Jin guage that reinstates Kemp-Kasten, sterilization. have made the rounds of government offices language that has stood us well in the On the third page: pleading for restitution—[all] to no avail. test of time, and let’s not go down a

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.021 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2793 different road that is going to be harm- Now all that was missing was the piece of one-child policy, says it is looking into Jin ful to a lot of people and is disagreed to paper allowing them to have a child. So and Yang’s case. Meanwhile, the evidence ap- by the American public. about a month before Jin’s due date, her hus- pears contradictory. I yield the floor. band Yang set out to curry favor with Di Jin’s medical records include a doctor’s Wenjun, head of the neighborhood family certificate from 2001, the year after the abor- EXHIBIT 1 planning office in Anshan, the couple’s home tion, confirming she could not have children. [From the Associated Press, Aug. 30, 2007] town about 190 miles east of Beijing. Doctors in Changli county say they exam- CHINESE VICTIMS OF FORCED LATE-TERM He faced a fine of $660 to $1,330 for not hav- ined her in 2001 and 2002 and found nothing ABORTION FIGHT BACK ing gotten a family planning permit in ad- wrong with her. (By Alexa Olesen) vance, so he treated Di to the Peking duck The court ruling says Jin agreed to have lunch on Aug. 15, 2000, hoping to escape with the operation. Jin says the signature on the QIAN’AN, CHINA.—Yang Zhongchen, a small- a lower fine since this was his first child. consent form is not hers but that of Di, the town businessman, wined and dined three The next day he paid for another meal with official her husband courted. government officials for permission to be- Di and the village’s Communist Party sec- Sun Maohang, another of the Yangs’ law- come a father. retary and accountant. yers, doubts the court will rule for the cou- But the Peking duck and liquor weren’t He said the mood was cordial and that the ple lest it encourage further lawsuits. But he enough. One night, a couple of weeks before officials toasted him for finding a young wife hopes the case will stir debate and lead to her date for giving birth, Yang’s wife was and starting a family. clearer guidelines on abortion. dragged from her bed in a north China town ‘‘They told me ‘We’ll talk to our superiors. As she waits for the next round in court, and taken to a clinic, where, she says, her We’ll do our best. Wait for our news.’ So I Jin says she is too weak to work and has baby was killed by injection while still in- was put at ease,’’ Yang said. been celibate for years because sex is too side her. But three weeks later, on Sept. 7, when painful. ‘‘Several people held me down, they ripped Yang was away opening a new building sup- Her husband prods her to tell her story, my clothes aside and the doctor pushed a plies store, Jin was taken from her mother- but during an interview she sits silent for a large syringe into my stomach,’’ says Jin in-law’s home and forced into having the long time and finally says she doesn’t want Yani, a shy, petite woman with a long pony- abortion. to talk about the past because it’s too sad. tail. ‘‘It was very painful. . . . It was all very Why had the officials failed to make good Then she quietly insists the lawsuit is rough.’’ on their assurances? One of Yang’s two law- something she has to do for Yang Ying, the Some 30 years after China decreed a gen- yers, Wang Chen, says he believes it was be- baby girl she carried but never got to see or eral limit of one child per family, resent- cause no bribe was paid. hold. ment still brews over the state’s regular and ‘‘Dinner is not enough,’’ Wang said. ‘‘Noth- sometimes brutal intrusion into intimate ing gets done without a bribe. This is the sit- Mr. BROWNBACK. I suggest the ab- family matters. Not only are many second uation in China. Yang was too naive.’’ sence of a quorum. pregnancies aborted, but even to have one’s Di, who has since been promoted to head of The PRESIDING OFFICER. The first child requires a license. family planning for all of Anshan township, clerk will call the roll. Seven years after the dead baby was pulled could not be reached. Officials who answered The bill clerk proceeded to call the from her body with forceps, Jin remains his office phone refused to take a message roll. traumatized and, the couple and a doctor and gave a cell phone number for him that Mr. WICKER. Madam President, I say, unable to bear children. Yang and Jin was out of service. have made the rounds of government offices ask unanimous consent that the order LATE-TERM PROCEDURES DECLINE for the quorum call be rescinded. pleading for restitution—to no avail. Zhai Zhenwu, a sociology professor at the This year, they took the unusual step of The PRESIDING OFFICER. Without People’s University Institute of Demo- suing the family planning agency. The objection, it is so ordered. graphic Studies in Beijing, said that while judges ruled against them, saying Yang and Mr. WICKER. Madam President, may forced, late-term abortions do still occur Jin conceived out of wedlock. Local family sporadically, they have fallen sharply. I inquire of the Chair as to how the re- planning officials said Jin consented to the In the late ’80s and early ’90s, he said, some mainder of time will be divided? abortion. The couple’s appeal to a higher family planning officials ‘‘were really radical The PRESIDING OFFICER. The Sen- court is pending. and would do very inappropriate things like ator from Mississippi has 21⁄2 minutes, The one-child policy applies to most fami- take your house, levy huge fines, force you and the Senator from Vermont has 10 lies in this nation of 1.3 billion people, and into procedures.’’ communist officials, often under pressure to minutes. Things have improved since a propaganda Mr. WICKER. I thank the Chair. meet birth quotas set by the government, campaign in 1993 to make enforcement more can be coldly intolerant of violators. humane and the enactment of the family I would inquire of the Senator from But in the new China, economically power- planning law in 2001, he said. Controls have Vermont if he has further speakers? ful and more open to outside influences, ordi- been relaxed, allowing couples in many rural Mr. LEAHY. Madam President, re- nary citizens such as Yang and Jin increas- areas to have two children under certain sponding on the time of the Senator ingly are speaking out. Aiding them are so- conditions. from Mississippi, I believe there may cial campaigners and lawyers who have docu- Still, Radio Free Asia reported this year be some, and we are trying to ascertain mented cases of forced abortions in the sev- that dozens of women in Baise, a small city that right now. I know I am going to enth, eighth or ninth month. in the southern province of Guangxi, were Chen Guangcheng, a self-taught lawyer, speak some more. forced to have abortions because local offi- Mr. WICKER. Reclaiming my time, I prepared a lawsuit cataloguing 20 cases of cials failed to meet their population targets. forced abortions and sterilizations in rural In the province’s Bobai county, thousands await their remarks, and I yield the parts of Shandong province in 2005, allegedly of farmers rioted in May after family plan- floor at this time. carried out because local officials had failed ners levied huge fines against people with The PRESIDING OFFICER. Who to reach population control targets. too many children. Those who didn’t pay yields time? Chen, who is blind, is serving a prison sen- were told their homes would be demolished Mr. LEAHY. Madam President, how tence of three years and four months which and their belongings seized. his supporters say was meted out in retalia- much time is left on both sides? Yang and Jin are suing the Family Plan- The PRESIDING OFFICER. There re- tion for his activism. ning Bureau in their county of Changli for Many countries ban abortion after 12 or $38,000 in medical expenses and $130,000 for mains 1 minute 45 seconds for the Sen- sometimes 24 weeks of pregnancy unless the psychological distress. ator from Mississippi, and 10 minutes mother’s life is at risk. While China outlaws But it’s not about the money, said Yang, a for the Senator from Vermont. forced abortions, its laws do not expressly fast-talking chain-smoker. No longer able to Mr. LEAHY. Madam President, it is prohibit or even define late-term termi- afford to run his business, he now works as a hard to respond to all the things that nation. day laborer in Qian’an, an iron mining town have been misstated about the amend- A FAMILY UNPLANNED east of Beijing. ment before us. Jin, an 18-year-old high school dropout ‘‘What I want is my child and I want the For one thing, the bill before us does from a broken home, met 30-year-old Yang, a court to acknowledge our suffering,’’ he said. A family planning official in Changli justi- not change the Kemp-Kasten amend- building materials supplier, in September ment. You can find it on page 763 of the 1998. They moved in together. A year and a fied Jin’s abortion on the grounds she lacked half later, in January or February 2000, they a birth permit. The woman, who would only bill. It is in the bill. In fact, let me discovered Jin was pregnant but couldn’t get give her surname, Fu, said no one in the clin- read what it says: married right away because she had not ic was punished for performing the proce- Provided further, That none of the funds reached 20, the marriage age. dure. made available in this Act nor any unobli- After her birthday in April, Jin bought CONTRADICTORY EVIDENCE gated balances from prior appropriations porcelain cups for the wedding and posed for The National Population and Family Plan- Acts may be made available to any organiza- studio photos. On May 5, they were married. ning Commission, the agency overseeing the tion or program which, as determined by the

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.023 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2794 CONGRESSIONAL RECORD — SENATE March 5, 2009 President of the United States, supports or there, not available in many countries. care. No one objects to that. If the participates in the management of a pro- But there are funds in the bill so President of the United States, under gram of coercive abortion or involuntary UNFPA can help women with that ter- the Wicker amendment and under the sterilization. rible condition. The amendment of the 25-year-old Kemp-Kasten provision, can So there is no need to pass the Senator from Mississippi takes that certify that such organizations do not amendment of the Senator from Mis- money out. I can’t support something promote coercion in the name of fam- sissippi to put that language in—I sup- like that. ily planning, then the money will go to pose we could just print it twice—it is We have funds in the bill to reestab- these worthy causes. The question is, already in there. lish maternal health care in areas Why does the Senator from Vermont Mr. WICKER. Madam President, I where medical facilities and services and the people who agree with him on wonder if the Senator from Vermont have been destroyed or limited by nat- this issue not trust the President of will yield on that point? ural disasters. We put in funds to re- their own political party to make a de- Mr. LEAHY. Madam President, I will build those health services, but the termination? yield on the time of the Senator from amendment of the Senator from Mis- Now, the Senator says that the Mississippi. sissippi takes that money out. Kemp-Kasten language is still in the Mr. WICKER. Well, I do not ask for We are talking about countries where bill. I would submit that, in fact, is not that, Madam President. Now, I asked if the average person doesn’t earn even true. The bill purports to retain Kemp- the Senator will yield on his time. I $100 a year. We ought to think about it, Kasten, but it goes on to say that funds yielded to him on my time just a mo- as the wealthiest, most powerful Na- will be directed to the United Nations ment ago. tion on Earth, where there is a certain Population Fund ‘‘notwithstanding any The PRESIDING OFFICER. The Sen- God-given moral duty to help people other provision of law.’’ I say to my ator from Vermont has the floor. less privileged, but the amendment of friend from Vermont, that is the Mr. LEAHY. Madam President, I the Senator from Mississippi takes change in the law that guts Kemp-Kas- have heard it said several times that that money out. ten, that changes 23 years to 25 years of we should not spend U.S. taxpayer dol- Are we concerned with coercion and Federal policy and allows U.S. tax- lars on coercive abortion. I agree with forced abortion in China, as the Sen- payer dollars to be spent for coercive the Senator from Mississippi. We ator from Mississippi and the Senator sterilization, for forced abortion, and should not. I have taken that position. from Kansas said? Of course. I have no that is the issue. Yes, Kemp-Kasten is I have been chairman or ranking mem- doubt that they find that morally re- purported to be in the bill, and then it ber of the Foreign Operations Sub- pugnant. I totally agree with the Sen- is gutted in the next paragraph. committee several times. I have always ator from Mississippi. I totally agree I yield the floor. taken that position. We should not, we with him that forced abortions are The PRESIDING OFFICER. The Sen- don’t, we never have. It is prohibited in wrong. I totally agree with the Senator ator from Washington is recognized. the bill—Republicans and Democrats from Kansas about that. That is why, Mrs. MURRAY. Madam President, I have always agreed about that. I don’t when Senator GREGG and I brought this believe women around the world should know how many times we have to say bill to the Appropriations Committee, have access to safe health care that it. we prohibited any funds going to will help them plan their families and I am reminded of Senator Mark Hat- China. We prohibit any funds for abor- stay free of diseases. field, a revered member of the Repub- tion. We prohibit those things. It is not These are basic rights. That is why I lican Party and a former chairman of correct to suggest otherwise. rise in opposition to the amendment the Appropriations Committee. I know I don’t know what kind of political being offered by Senator WICKER to of no stronger pro-life opponent of points are made by bringing up this block funding to the United Nations abortion, but there is also no stronger kind of an amendment, but explain Population Fund. pro-life proponent of family planning. those political points to the mother of In the developing world, ‘‘complica- He knows that if there are voluntary a 5-year-old who has been raped in the tions from pregnancy’’ is still one of family planning services, you are most Congo. Explain those political points the leading causes of death for women. apt to avoid unwanted pregnancies and to a mother, herself a child, who is giv- More than half a million women die thus avoid abortion. ing birth and now has the problem of each year—one every minute—from Now, we have heard Senators say: obstetric fistula, and we can’t do any- preventable complications of preg- Well, we don’t want to use taxpayer thing to help her. Explain it to those nancy and childbirth. money for coerced abortions. You families in war-ravaged countries Madam President, 201 million women can’t. There is no money in here with where the U.S. does not have programs. can not get access to safe, modern con- which it can be done. We specifically Explain to them when they ask: Why traception even w en they want it, and prohibit that. can’t you help us—a wealthy nation 6,800 new cases of HIV occur every day. But let me repeat for my colleagues like America—why can’t you help us? With its mission ‘‘to ensure that what this amendment does do. The And the answer is because we are mak- every pregnancy is wanted, every birth Wicker amendment removes funds we ing a political point. is safe, every young person is free of have in here for UNFPA to promote the I don’t accept that. I oppose this HIV/AIDS, and every girl and woman is abandonment of female genital mutila- amendment with every fiber of my treated with dignity and respect,’’ the tion and child marriage. The funds can body. United Nations Population Fund is be used in countries where we don’t How much time is remaining? working every day to make things bet- have USAID programs, to help prevent The PRESIDING OFFICER (Mrs. ter. child marriage. The Senator from Mis- HAGAN). The Senator from Vermont For nearly 40 years, UNFPA has pro- sissippi would remove those funds. I has 1 minute remaining. vided more than $6 billion in aid to have listened to some of the harrowing Mr. LEAHY. How much time on the about 150 countries for voluntary fam- stories: 7, 8 or 9 year-old girls forced other side? ily planning and maternal and child into marriage. We ought to all unite to The PRESIDING OFFICER. There is health care. try to stop that, but the Senator from 1 minute 45 seconds remaining. They are helping more women sur- Mississippi takes out the funds that The Senator from Mississippi is rec- vive childbirth. can be used to try to stop that. ognized. They are providing contraceptives to Obstetric fistula—anybody who is fa- Mr. WICKER. Madam President, I am help women plan their families and miliar with that knows how terrible it prepared to close, and I assume the stay free of HIV/AIDS. is, a debilitating condition that can de- Senator from Vermont will do so also. They are promoting access to basic stroy the life of any woman who suffers The Senator from Vermont says the services, including clean water, sanita- from it, but it can be cured by surgery. money in this bill will go to sanitiza- tion facilities, food, and health care for If any member of our family was faced tion, to protect against child marriage, poor women and girls. with that, of course they would have to protect against female genital muti- Yet Senator WICKER and other sup- the surgery to fix it. The funds are not lation, to promote maternal health porters of this amendment would deny

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.024 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2795 women around the world this basic Bunning Enzi McCain lunch and do that. Anyone who has Burr Graham McConnell care because they believe misinforma- Casey Grassley Murkowski speeches they want to give on these tion that has been spread by antichoice Chambliss Gregg Nelson (NE) five amendments must come before 5:30 lobbyists who say this fund would pay Coburn Hatch Risch p.m. because we are going to enter into for coerced abortions. Cochran Hutchison Roberts that agreement as soon as we can, Corker Inhofe Shelby The reality is that our government Cornyn Isakson Thune which will be very quickly. We will already prohibits any money from Crapo Kyl Vitter have all those votes at 5:30 p.m. and de- being used to fund coerced abortions. DeMint Lugar Voinovich cide anything else we have to do. We And, no U.S. money goes to China. Ensign Martinez Wicker understand that. A number of people This bill actually continues that pol- NAYS—55 contacted me about amendments on icy. Akaka Hagan Pryor my side and on the Republican side. So all Senator WICKER’S amendment Baucus Harkin Reed Mr. MCCONNELL. Madam President, Begich Inouye Reid let me add, I think at that point, we would do is prevent women around the Bennet Johnson Rockefeller will be able to determine what addi- world from getting access to basic Bingaman Kaufman Sanders health care services—services that we Boxer Kerry Schumer tional amendments Members on my take for granted here in the United Brown Klobuchar Shaheen side wish to offer and figure out where Burris Kohl Snowe States. Byrd Lautenberg we go from there. Specter Cantwell Leahy The PRESIDING OFFICER. The Sen- All of us would agree that we want to Stabenow Cardin Levin ator from Illinois. see fewer abortions in the world. I cer- Tester Carper Lieberman (The remarks of Mr. BURRIS are tainly do not condone funding coercive Collins Lincoln Udall (CO) ECORD abortion practices in China or any- Dodd McCaskill Udall (NM) printed in today’s R under where else. Dorgan Menendez Warner ‘‘Morning Business.’’) Durbin Merkley Webb Mr. BURRIS. I suggest the absence of And I cannot accept that we would Feingold Mikulski Whitehouse deny women life-saving care because of a quorum. Feinstein Murray Wyden The PRESIDING OFFICER (Mr. a dishonest lobbying campaign. Gillibrand Nelson (FL) MERKLEY). The clerk will call the roll. Not only is contributing to UNFPA NOT VOTING—5 The legislative clerk proceeded to the right thing to do—it is in our best Conrad Kennedy Sessions call the roll. interest. Johanns Landrieu Mr. MCCAIN. Mr. President, I ask By helping to lift families out of pov- The amendment (No. 607), as modi- unanimous consent that the order for erty, and slow the spread of disease, we fied, was rejected. the quorum call be rescinded. can reduce conflicts and bring stability Mr. LIEBERMAN. I move to recon- The PRESIDING OFFICER (Mr. and hope to some of the most troubled sider the vote, and I move to lay that BEGICH). Without objection, it is so or- regions in the world. motion on the table. dered. I am proud that President Obama is The motion to lay on the table was Mr. MCCAIN. Mr. President, I return pledging to refund UNFPA after the agreed to. to the floor to talk about this bill be- previous administration consistently The PRESIDING OFFICER. The ma- fore us which includes 9,000 earmarks canceled funding for the agency. jority leader. and a 1,844-page statement of managers I urge my colleagues to vote down Mr. REID. Madam President, at 1 that accompanies this 1,122 page bill. the Wicker amendment. o’clock today, Democrats and Repub- When the Congress establishes its fund- So let me simply say that I believe licans have been invited to the White ing priorities, it should do so decisively that women around the world should House to work on health care. That is without cause for subjective interpre- have access to safe health care that going to take 4 hours. There are Sen- tation or reference to material outside will help them plan their families and ators here who are going to be work- the bill passed by Congress and signed stay free of diseases. These are basic ing. We have a number of Senators on by the President. These funding prior- rights, and that is why I oppose the our side who wish to speak on the five ities should have the binding force of amendment that is being offered by remaining amendments that have been law, subject only to the President’s Senator WICKER to block funding to the offered. So we will continue to work on veto power. United Nations Population Fund. those. Yet here we are with a statement of The PRESIDING OFFICER. All time What we are trying to work out with managers that totals 1,844 pages, in- has expired. the minority staff is to have a series of cluding 775 pages identifying over 9,000 The question is on agreeing to the votes starting at 5:30 this afternoon Members’ earmark requests that are amendment. and then continue working through expected to be funded, although most Mr. LEAHY. I ask for the yeas and these amendments. I had a conversa- of them are not contained in the bill nays. tion with the Republican leader today, text. Because they are conveniently The PRESIDING OFFICER. Is there a who suggested Senators SESSIONS and not listed in the bill text, Members sufficient second? There appears to be. GRASSLEY had amendments. I have spo- who question the merits of specific ear- The clerk will call the roll. ken with Senator GRASSLEY. Senator marks are unable to offer an amend- The legislative clerk called the roll. SESSIONS was not available. Senator ment to specifically strike them. They are wasteful. They should not Mr. DURBIN. I announce that the GRASSLEY is trying to make a deter- Senator from North Dakota (Mr. mination if he wants to offer the be funded. I ask unanimous consent CONRAD), the Senator from Massachu- amendment. I had a conversation with that the list be printed in the RECORD. There being no objection, the mate- setts (Mr. KENNEDY), and the Senator him. So that is where we are. rial was ordered to be printed in the from Louisiana (Ms. LANDRIEU) are The PRESIDING OFFICER. The mi- RECORD, as follows: necessarily absent. nority leader. $1.7 million for pig odor research in Iowa; Mr. KYL. The following Senators are Mr. MCCONNELL. Madam President, necessarily absent: the Senator from $2 million for the promotion of astronomy in if I might add, if we could vote on all Hawaii; $6.6 million for termite research in Nebraska (Mr. JOHANNS) and the Sen- amendments that are now pending at New Orleans; $2.1 million for the Center for ator from Alabama (Mr. SESSIONS). 5:30 p.m., I think that would give us a Grape Genetics in New York; $650,000 for bea- The PRESIDING OFFICER. Are there better chance to figure out the way for- ver management in North Carolina and Mis- any other Senators in the Chamber de- ward. sissippi; $1 million for mormon cricket con- siring to vote? Mr. REID. Madam President, I say to trol in Utah; $332,000 for the design and con- The result was announced—yeas 39, my friend, if I didn’t say that, that is struction of a school sidewalk in Franklin, nays 55, as follows: what I wanted to say. I have had a Texas; $870,000 for wolf breeding facilities in North Carolina and Washington; $300,000 for [Rollcall Vote No. 81 Leg.] number of people on my side—for ex- the Montana World Trade Center; $1.7M ‘‘for YEAS—39 ample, I just spoke with Chairman a honey bee factory’’ in Weslaco, TX; $951,500 Alexander Bayh Bond KERRY. He is going to come and speak for Sustainable Las Vegas; $143,000 for Ne- Barrasso Bennett Brownback on the Kyl amendment. He will finish vada Humanities to develop and expand an

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.007 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2796 CONGRESSIONAL RECORD — SENATE March 5, 2009 online encyclopedia; $475,000 to build a park- Division A—Agriculture, Rural Development, Library of Congress, 2 earmarks. ing garage in Provo City, Utah; $200,000 for a Food and Drug Administration, and Related Division I—Transportation, Housing and Urban tattoo removal violence outreach program in Agencies (52 pages of earmarks) Development, and Related Agencies—114 the LA area; $238,000 for the Polynesian Total: 506 earmarks. pages of earmarks Voyaging Society in Honolulu, Hawaii; Agriculture Research Service, 94 earmarks. Total: 1,858 earmarks. $100,000 for the regional robotics training Animal and Plant Health Inspection Serv- Transportation: center in Union, SC; $1,427,250 for genetic im- ice, 46 earmarks. Total: 1,321 earmarks. provements of switchgrass; $167,000 for the Cooperative State Research and Extension Airport Improvement Program, 78 ear- Autry National Center for the American Service, 265 earmarks. marks. West in Los Angeles, CA; $143,000 to teach art FDA, 8 earmarks. Alternatives Analysis, 26 earmarks. energy; $100,000 for the Central Nebraska Earmarks in General Provisions, 6 ear- Appalachian Highway Development Sys- World Trade Center; $951,500 for the Oregon marks. tem, 1 earmark ($9.5 million). Solar Highway; $819,000 for catfish genetics Natural Resource Conservation Service, 86 Bus and Bus Facilities, 302 earmarks. research in Alabama; $190,000 for the Buffalo earmarks. Capital Investment Grants, 64 earmarks. Bill Historical Center in Cody, WY; $209,000 Rural Business Cooperative Service, 1 ear- Delta Regional Transportation Develop- to improve blueberry production and effi- mark. ment Program, 9 earmarks. Denali Commission, 1 earmark ($5.7 mil- ciency in GA; and $400,000 for copper wire Division C—Energy and Water Development theft prevention efforts. lion). and Related Agencies Appropriations (164 FAA Facilities and Equipment, 9 ear- $250,000 to enhance research on Ice Seal pages of earmarks) populations; $238,000 for the Alaska PTA; marks. $150,000 for a rodeo museum in South Da- Total: 2,402 earmarks. Federal Lands Highways, 68 earmarks. kota; $47,500 to remodel and expand a play- Corps of Engineers, 1,849 earmarks. Ferry Boats and Terminal Facilities, 30 Bureau of Reclamation, 186 earmarks. ground in Ottawa, IL; $285,000 for the Dis- earmarks. Dept of Energy, 367 earmarks. Grade Crossings on Designated High Speed covery Center of Idaho in Boise, ID; $632,000 Rail Corridors, 8 earmarks. for the Hungry Horse Project; $380,000 for a Division D—Financial Services and General Interstate Maintenance Discretionary, 93 recreation and fairground area in Kotzebue, Government (16 pages of earmarks) earmarks. AK; $118,750 for a building to house an air- Total: 277 earmarks. Maritime Administration, 1 earmark. craft display in Rantoul, IL; $380,000 to revi- Small Business Administration, 245 ear- FAA Operations, 2 earmarks. talize downtown Aliceville, AL; $380,000 for marks. NHTSA Operations and Research, 1 ear- lighthouses in Maine; $190,000 to build a Liv- District of Columbia, 13 earmarks. mark. ing Science Museum in New Orleans, LA; General Services Administration, 14 ear- Rail Line Relocations and Improvement $7,100,000 for the conservation and recovery marks. Program, 23 earmarks. of endangered Hawaiian sea turtle popu- National Archives Records Administration, FTA Research, 7 earmarks. lations; $900,000 for fish management; $150,000 3 earmarks. FRA Research and Development, 4 ear- for lobster research; $381,000 for Jazz at Lin- Office of National Drug Control Policy, 2 marks. coln Center, New York; $1.9 million for the earmarks. FAA Research Engineering and Develop- Pleasure Beach Water Taxi Service Project, Division E—Department of Interior, Environ- ment, 3 earmarks. CT; $238,000 for Pittsburgh Symphony Or- ment, and Related Agencies (47 pages of Surface Transportation Priorities, 194 ear- chestra for curriculum development; $95,000 earmarks) marks. Terminal Air Traffic Facilities, 18 ear- for Hawaii Public Radio; $95,000 for the state Total: 531 earmarks. marks. of New Mexico to find a dental school loca- Bureau of Land Management, 13 earmarks. tion; $143,000 for the Dayton Society of Nat- Transportation, Community, and System Fish and Wildlife Service, 40 earmarks. Preservation, 343 earmarks. ural History in Dayton, OH; $190,000 for the National Park Service, 111 earmarks. Guam Public Library; $143,000 for the His- FTA Priority Consideration, 20 earmarks. USGS, 12 earmarks. Technical Corrections, 16 earmarks. toric Jazz Foundation in Kansas City, MO; Minerals Management Service, 1 earmark. $3,806,000 for a Sun Grant Initiative in SD; Housing and Urban Development: Bureau of Indian Affairs, 6 earmarks. Total: 537 earmarks. and $950,000 for a Convention Center in Myr- Environmental Protection Agency, 288 ear- tle Beach, SC. marks. Mr. MCCAIN. Mr. President, exam- The Army Corps of Engineers has the dis- US Forest Service, 60 earmarks. ples of earmarks on this list include tinction of having the largest number of in- Division F—Departments of Labor, Health and $870,000 for wolf-breeding facilities in dividual earmarks imposed among all of the Human Services, and Education, and Re- North Carolina and Washington—not federal agencies funding in this legislation, lated Agencies (211 pages of earmarks) anyplace else but North Carolina and with an amazing 1,849 individually identified Washington State; $1,427,250 for genetic earmarked projects as identified by the Ap- Total: 2125 earmarks. propriations Committee. Examples include: Department of Education: improvements of switchgrass; $100,000 $670,000 for Abandoned Mine Restoration in Elementary and Secondary Education Act, for the central Nebraska World Trade California; $59,000 for Dismal Swamp and 357 earmarks. Center; $819,000 for catfish genetics re- Dismal Swamp Canal in Virginia; $2 million Higher Education, 331 earmarks. search in Alabama; $250,000 to enhance for Chesapeake Bay Oyster Recovery in Rehabilitation Services and Disability Re- research on ice seal populations; $47,500 search, 12 earmarks. Maryland and Virginia; $3 million for Joseph to remodel and expand a playground in G. Minish Waterfront in New Jersey; $18 mil- Total: 700 earmarks. Department of Health and Human Serv- Ottawa, IL; $285,000 for the Discovery lion for Middle Rio Grande Restoration in Center of Idaho in Boise; $632,000 for New Mexico; $10 million for North Dakota ices: Environmental Infrastructure; $5.56 million Administration for Children and Families, the Hungry Horse Project; $380,000 for a for Northern Wisconsin Environmental As- 95 earmarks. recreation and fairground area in Alas- sistance; $546,000 for Surfside-Sunset-New- Administration on Aging, 26 earmarks. ka; $190,000 to build a living science port Beach in California; $3.8 million for Mis- Centers for Disease Control and Preven- museum in New Orleans, LA; $7,100,000 sissippi River Levees; and $41.180 million for tion, 83 earmarks. for the conservation and recovery of Yazoo Basin in Mississippi (this is a total for Mine Safety and Health Administration, 1 earmark. endangered Hawaiian sea turtle popu- all of the Yazoo Basin projects listed under lations; $900,000 for fish management; MRT—Construction). Centers for Medicare and Medicaid Serv- ices, 18 earmarks. $381,000 for jazz at Lincoln Center, New We’re giving billions of dollars to 1,849 Health Resources and Services Administra- York; $238,000 for the Pittsburgh Sym- projects—some which are authorized—but tion, 924 earmarks. with no clear understanding of what our na- phony Orchestra for curriculum devel- HHS Office of the Secretary, 10 earmarks. tion’s water infrastructure priorities actu- opment; $95,000 for Hawaii Public Substance Abuse and Mental Health Serv- ally are or should be. We witnessed how lives Radio; $143,000 for the Dayton Society ices Admin, 66 earmarks. literally depend on these projects and yet of Natural History in Dayton, OH; Total: 1223 earmarks. we’re just throwing money at them without Department of Labor: $193,000 for the Guam Public Library; the benefit of any realistic or transparent Employment and Training Administration, $143,000 for the Historic Jazz Founda- set of criteria. It is long overdue for Con- 141 earmarks. tion in Kansas City, MO; and $950,000 gress to take a hard look at how our Army General provisions: for a convention center in Myrtle Corps dollars are being spent and whether or Museums & Libraries, 61 earmarks. not they’re actually going to the most nec- Beach, SC. essary projects. Division G—Legislative Branch Appropria- The list goes on and on. While the Corps gets the distinction for the tions—1 page of earmarks (division G) The fact is, this has been stated by largest number of earmarks, every agency is Total: 3 earmarks. members of the administration, includ- chock full of earmarks: Architect of the Capitol, 1 earmark. ing, incredibly, the President’s Budget

VerDate Nov 24 2008 01:49 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.011 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2797 Director as ‘‘last year’s business.’’ This line with this 1,844 pages. It is loaded the years, is the system got more and is this year’s business. This is funding with billions of dollars of unnecessary more out of control. Yes, we have made that will be provided this year. This is and wasteful spending. Sadly, based on a little progress. Now it is easier to 1,122 pages of a bill accompanied by recent comments by some of his top ad- identify who put the earmark in and 1,844 pages of porkbarrel earmark visers, including the Chief of Staff and who the lobbying group was, but if projects. It is not last year’s business; the Director of OMB, it doesn’t sound there is any testimonial to the fact it is this year’s business. If it is last as if he is willing to put his veto pen to that we have made no progress in the year’s business, then if it is passed by use to back up his vow. effort to reform, it was the vote yester- the Senate and the House, send it down The majority party has presented us day on an amendment offered by Sen- to Crawford, TX, and have it signed by and the new President with an out- ator TOM COBURN that said we would last year’s President. It won’t be. It rageous example of a massive spending eliminate 13 earmarks, worth about $9 will be signed by this year’s President, bill of more than $410 billion that, I re- million, which were put in by a lob- when it should be vetoed by this year’s peat, includes over 9,000 wasteful ear- bying organization that is now shut President. marks. This bill is one of the first ex- down and under FBI investigation. Re- I wish to remind my colleagues, amples, among what will be many, of markable. Remarkable. We couldn’t again, that over the course of the last whether this Congress and this new even take out porkbarrel projects that campaign I talked about earmarks. I President are serious about fiscal re- were inserted through the influence of have been fighting against them for sponsibility. I am not encouraged by a lobbying organization that has been years, and I was severely critical of Re- this bill, to say the least. raided and shut down by the Federal If we can’t reform earmarking, the publicans who were in charge and Bureau of Investigation. Remarkable. best thing to do is to provide the Presi- frittered away our responsibilities as Remarkable. fiscal conservatives and paid a very dent with a line-item veto authority. So it is a fight worth having, my heavy price for it. The then candidate Yesterday, Senator FEINGOLD and I, friends. I would imagine the Senate and now President of the United States along with Congressman PAUL RYAN, will vote and probably this legislation also stated repeatedly his opposition to introduced legislation to grant the will pass, but it is a very bad signal to earmarks, and he had stopped asking President specific authority to rescind send to the American people, and it is for earmarks, even though his first 2 or cancel congressional earmarks, in- a very bad precedent for this adminis- years he had many millions of dollars cluding earmark spending, tax breaks, in earmarks. and tariff benefits. Granting the Presi- tration to begin its first 100 days with The President should veto this bill dent the authority to propose rescis- the President of the United States and send it back to Congress and tell sions which then must be approved by signing a bill that has 1,844 pages of them to clean it up. the Congress could go a long way to- pork on the one hand and 1,122 pages of Last week, President Obama com- ward restoring credibility to a system pork on the other. mented on the fiscal 2010 budget blue- ravaged by congressional waste and One of my colleagues from the other print after the Democratic-controlled special interest pork. side of the aisle came to the floor yes- Congress passed a $1.2 trillion stimulus Yesterday, there were comments terday and said Republicans were bill. He said he had inherited a $1 tril- made by some of the leaders of Con- guilty as well as Democrats. I agree. I lion budget deficit from the prior ad- gress who basically said that if the agree. I have always said there are ministration. Again, I say, the Repub- President tries to eliminate wasteful three kinds of Members of Congress: lican Party lost its way in recent years and porkbarrel spending, that they The Democratic members, Republican because we gave in to higher Govern- can’t do it. We hear the majority lead- members, and appropriators. ment spending and porkbarrel spending er of the Senate who said: A number of my colleagues on this and it bred corruption. We have former Since we have been a country we have had side of the aisle have voted consist- Members of Congress residing in Fed- the obligation as a Congress to direct spend- ently against eliminating these eral prison. As a result, the Republican ing . . . porkbarrel earmarks. So my prediction Party paid a price for it at the polls. Defending a new spending bill that is is, the American people will not stand That said, I think we have to be hon- bursting with congressional earmarks. for this much longer. The American est about the bill that is before us. It is We cannot let spending be done by a bunch people are beginning to figure out we a massive bill, here for our consider- of nameless, faceless bureaucrats buried in are mortgaging their children’s and ation because the House Democratic this town someplace. their grandchildren’s future. The leadership—specifically, the Speaker I am asking that we authorize these American people are fed up with this and House Appropriations Committee programs the way this Congress did kind of a system that breeds corrup- chairman—made a calculated decision business for many, many, many, many tion. The American people, I don’t last year. They were faced with a years—many years. We authorized pro- think, will stand for it, and I think threat from President Bush to veto grams. Then we appropriated. That is sooner rather than later, you are going each of these combined appropriations why we have the authorization com- to see a rejection of this kind of prac- bills that exceeded his budget request. mittees we have today. Unfortunately, tice, which does such damage to our As a result, they decided to put the bills such as this completely bypass the credibility, to our ability to serve, and Federal Government under a con- authorizing committees and are put in the ability of us to take care of future tinuing resolution and wait for the out- quite often without any consideration, generations of Americans, as well as come of the election in hopes that a without any authorization, and are di- this one. new administration would be more rectly related to the influence of the I yield the floor and suggest the ab- willing to go along with the pork-laden Member of Congress. Somebody pays sence of a quorum. for all this. Somebody pays for all of it, projects that have been inserted into The PRESIDING OFFICER. The and it is our kids and our grandkids. every aspect of this swollen, wasteful, clerk will call the roll. egregious example of out-of-control That is what is going on. The President The legislative clerk proceeded to spending. Their wish came true. Elec- of the United States should veto it. call the roll. tions have consequences and this bill is I agree with the Senator from Indi- one of them. ana, EVAN BAYH, who had an op-ed Mr. UDALL of New Mexico. Mr. As I said earlier, a mere 6 months piece in the Wall Street Journal say- President, I ask unanimous consent ago, Candidate Obama vowed he would ing: that the order for the quorum call be not support earmarking business as The Senate should reject this bill. If we do rescinded. usual when he said during the debate in not, President Obama should veto it. The PRESIDING OFFICER (Mr. BEN- Oxford, MS: ‘‘We need earmark reform I understand that Senator EVAN NET). Without objection, it is so or- and when I am President, I will go line BAYH’s op-ed in the Wall Street Jour- dered. by line to make sure that we are not nal of March 4 was printed in the The Senator from New Mexico. spending money unwisely.’’ RECORD yesterday. (The remarks of Mr. UDALL of New Let’s start going line by line on this So what has happened here? What has Mexico are printed in today’s RECORD 1,122 pages. Let’s start going line by happened here, as I have watched over under ‘‘Morning Business.’’)

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.030 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2798 CONGRESSIONAL RECORD — SENATE March 5, 2009 Mr. UDALL of New Mexico. Mr. authorization. And of the $50 billion safe drinking water leads to high President, I suggest the absence of a that was authorized in the so-called incidences of disease and infection. The quorum. PEPFAR bill, $2 billion of that was set Indian Health Service estimates for The PRESIDING OFFICER. The aside to address what are very urgent each $1 it spends on safe drinking clerk will call the roll. needs on America’s Indian reserva- water and sewage systems, it receives a The legislative clerk proceeded to tions, the argument being that there twentyfold return in the form of health call the roll. are needs that are great abroad, other benefits. Mr. THUNE. Mr. President, I ask places around the world, but we have The Indian Health Service estimates unanimous consent that the order for some very urgent and pressing needs in order to provide all Native Ameri- the quorum call be rescinded. right here at home. So the $2 billion cans with safe drinking water and sew- The PRESIDING OFFICER (Mr. authorization was a 5-year authoriza- age systems, they would need—this is UDALL of New Mexico.) Without objection, which would represent $400 mil- the backlog—over $2.3 billion. What we tion, it is so ordered. lion each year, and what my amend- are talking about represents a small AMENDMENT NO. 635, AS MODIFIED ment would do is simply fund at $400 amount of what the need is that exists Mr. THUNE. Mr. President, I have million that first-year level of author- out there, but that being said, we could made no secret of the fact that the ap- ization that was created by the go a long way, by enacting this amend- propriations bill we have in front of us PEPFAR legislation we passed last ment, toward meeting that need. today is one that I think is way too fall. With respect to health care, nation- large relative to what we should be In order to do that, because there ally Native Americans are three times doing in light of the fact that 2 weeks wasn’t any funding for the emergency as likely to die from diabetes as com- ago we passed a $1 trillion stimulus bill fund for Indian safety and health in the pared to the rest of the population. An which will fund many of the same pro- underlying bill, we have to find the individual who is served by the Indian grams that are funded under this ap- money somewhere else. What my Health Service is 50 percent more like- propriations bill. amendment does, very simply, is rely to commit suicide than the general This appropriations bill creates an duce by one-tenth of 1 percent each population. An individual who is served increase of 8.3 percent in funding over program funded in the bill. So bear in by the Indian Health Service is 6.5 last year’s appropriated level, which is mind, you have an 8.3-percent increase times more likely to suffer an alcohol- the largest increased appropriation, over last year’s appropriated level in related death than the general popu- year over year, that we have seen since the base bill. With my amendment, lation. the Carter administration. In fact, an what you would do is reduce the 8.3- On the Oglala Sioux Reservation in 8.3-percent increase represents more percent increase each of these pro- my State of South Dakota, the average than twice the rate of inflation. grams would receive in this bill to 8.2 life expectancy for males is 56 years Most Americans and families today percent and take that one-tenth of 1 old. I want you to compare that with are trying to survive and live at a time percent and distribute it into this some other countries around the world. when they are dealing with dimin- emergency fund for Indian safety and In Iraq, the average life expectancy for ishing revenue coming into their health, which was created as part of a male is 58. In Haiti, it is 59 years. In households and certainly are not get- the PEPFAR legislation that we passed Ghana, the average life expectancy for ting an increase that is the same as the last fall. It is done in a very straight- a male is 60 years old—all higher than rate of inflation. We have an appropria- forward way. It distributes money right here in America. On the Oglala tions bill in front of us today that is where it is needed most. Sioux Reservation in my home State of more than twice the rate of inflation. Keep in mind it doesn’t do anything South Dakota, the average life expect- So I would daresay the Federal Govern- to the significant funding that was in- ancy for males is 56. ment is certainly not leading by exam- cluded for many of these same pro- In South Dakota, between 2000 and ple when it comes to tightening our grams that received a portion of the 2005, Native American infants were belts. I think when American families stimulus bill funding we passed a cou- more than twice as likely to die as are struggling to make ends meet and ple of weeks ago. nonnative infants. In South Dakota, a tightening their belts, it is important Why is this important to people in recent survey found that 13 percent of that we also do the same thing, and Indian Country? There are a number of Native Americans suffer from diabetes. this appropriations bill is anything but reasons because what that authoriza- This is twice the rate of the general that. The 8.3-percent increase, as I tion did is, it allowed money, money population, where only about 6 percent said, is more than twice the rate of in- that would come through appropriated suffer from the same disease. flation and represents the largest year- funds later after it was authorized, to With respect to public safety, one out over-year increase in appropriations be used for three purposes: One is law of every three Native American women since the Carter administration. enforcement, public safety; one is In- will be raped in their lifetimes. Accord- Having said that, I expect at the end dian Health Service and health care on ing to a recent Department of Interior of the day it is probably going to pass reservations; the third one was water report, tribal jails are so grossly insuf- in the Senate. What we have tried to do development. We separated those out ficient when it comes to cell space that as we have debated it is make improve- in the bill and allocated a certain only half of the offenders who should ments in it and address different prior- amount of funding to each of those par- be incarcerated are being put in jail. ities all of us bring to this debate. ticular categories. That same report found that con- I have one in particular that I think The reason that is so important is be- structing or rehabilitating only those needs to be adopted, an amendment cause in many places, particularly on detention centers that are the most in that needs to be adopted. It is filed, it Indian reservations, these very basic need would cost $8.4 billion. Again, it is is pending at the desk, and hopefully needs many of us take for granted are way more than what we are talking we will have a vote on it later today. not being met. Nationwide, 1 percent of about here. But, certainly, what we What it does is reduce discretionary the U.S. population doesn’t have access could do today, in the form of this spending throughout the bill by $400 to safe and adequate drinking water amendment, would be to put a down- million, which equals the fiscal year and sanitation needs. On Indian res- payment on and begin to address what 2009 authorized amount from PEPFAR. ervations, if you can believe this—I is a very serious need of adequate space Now, PEPFAR was an emergency— said 1 percent is the average across for people who have committed crimes. well, the PEPFAR itself was the Tom America. On the Nation’s Indian res- The South Dakota attorney general Lantos and Henry J. Hyde United ervations that number climbs to 11 per- released a study at the end of last year States Global Leadership Against HIV/ cent, and in some parts of Indian Coun- on tribal criminal justice statistics. AIDS, Tuberculosis and Malaria Reau- try, the worst parts in terms of not That study found that homicide rates thorization Act, which passed last having access to some of these neces- on South Dakota reservations are al- year. But the Emergency Fund for In- sities that most people expect—water most 10 times higher than those found dian Safety and Health was established and sanitation services—that number in the rest of South Dakota. Forcible as part of that legislation. It was an climbs to 35 percent. Lack of reliable rapes on South Dakota reservations

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.032 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2799 are seven times higher than those proved water settlements; $150 million The original amendment proposed a found in the rest of South Dakota. will go to public safety and justice; $74 $400 million across-the-board cut These are all things that statistically million for detention facility construc- against the programs funded in the in- point to the very serious public safety tion, rehabilitation, and placement terior division of the bill, as an offset needs that exist on America’s Indian through the Department of Justice; $62 to increase funding for various Indian reservations today and point to the im- million for the Bureau of Indian Affairs health and safety programs in the inte- portance of us adopting the amend- public safety and justice account which rior division by $400 million. ment I will put before the Senate and funds tribal police and tribal courts; $6 As it stands, the modified amend- have a vote on later today. million for investigations and prosecu- ment proposes that the $400 million These critical, unmet needs have con- tion of crimes in Indian Country by the across-the-board cut now applies to the sequences in the day-to-day operations FBI and the U.S. attorneys; $6 million entire omnibus appropriations bill, not for tribal courts and law enforcement. would go to the Department of Justice just the interior subcommittee’s divi- I talked about public safety, how that Office of Justice Program for Indian sion. translates. You see all the statistics and Alaska Native Programs; $2 mil- Nevertheless, I still oppose the Sen- and data. That is stunning enough. But lion for cross-deputization or other co- ator’s amendment. This amendment now makes cuts to then you talk about how that actually operative agreements between State, local, and tribal governments; $50 mil- all programs in the omnibus. impacts a lot of our reservations. I will This means there will be cuts in job lion to health care which would be di- give a couple examples. training, law enforcement, cancer re- At the Rosebud Sioux Tribal Court, a vided as the Director of Indian Health search, highway funding, food inspec- tribe that is a supporter of the amend- Services determines between contract tion, energy research, and on, and on, health services, construction and reha- ment, on June 19, 2008, the tribal pros- and on. ecutor scheduled to attend court pro- bilitation of Indian health facilities, I know that no single cut will be that ceedings that day did not appear at and domestic and community sanita- great, but if we are going to go down court. Alarmed, the tribal judge sent a tion facilities serving Indian tribes. this road, where will it end? court employee to the police depart- Passage of the original amendment Who brings the next amendment, ment to ensure the prosecutor was not to PEPFAR, which occurred last year, claiming that it only cuts 0.1 percent? hurt in an accident. Once it was clear showed a commitment by the Senate How many more of these will we have the prosecutor was not injured but in- on a bipartisan basis to address these to accept before we say we have cut stead did not show, all cases scheduled domestic priorities that are faced by enough out of law enforcement or that day had to be dismissed because Native Americans in Indian Country. enough out of health care? no replacement prosecutor was avail- That was a bill that had, and the Mr. President, just to make the able. Cases that were dismissed that amendment I offered to that bill had, record clear, the interior division of day included sexual assault, domestic bipartisan cosponsorship. There were a this bill contains $2.376 billion for the violence, child abuse, and DUIs. number of people on both sides of the Bureau of Indian Affairs and $3.581 bil- At Standing Rock Reservation, an- aisle who supported it. Vice President lion for the Indian health service. other example, another reservation BIDEN was a supporter. Secretary of Many of the programs run by those that borders or crosses the line in State Clinton was a cosponsor of the agencies and by the tribes themselves South Dakota and North Dakota—in amendment. A number of colleagues deal directly with health and safety early 2008, the Standing Rock Sioux have supported the effort we made to issues. Reservation had six police officers to demonstrate a commitment to address- We cannot start chipping away in patrol a reservation that is geographi- ing these very serious needs, which I this fashion and have any hope of ever cally the size of Connecticut. have alluded to that exist today in In- finishing this bill. This meant during any given shift dian Country. Furthermore, the amendment, as there was only one officer on duty to What my amendment to the Omnibus modified, causes the interior bill to ex- cover that entire area. One day the appropriations bill before us does is en- ceed its 302(b) allocation for budget au- only dispatcher on the reservation was sures the underlying bill, the bill that thority. This makes it very trouble- out sick. This left only one police offi- we authorized, actually gets funded, some. Mr. President, I yield the floor. cer to act both as a first responder and and the dollars we committed are actually appropriated for the purpose of ad- The PRESIDING OFFICER. The Sen- also as the dispatcher. Not only did ator from South Dakota. this directly impact the officer’s abil- dressing these very serious needs. I ask that when this comes to a vote, Mr. THUNE. Mr. President, if I might ity to patrol and respond to emer- amendment No. 635, my colleagues sup- respond to the remarks of the distin- gencies, it also prevented him from ap- port it in the same sort of bipartisan guished chairman, and I understand pearing in tribal court to testify at a way we were able to support the under- what I am doing here may create some criminal trial. lying authorization that was approved technicality with regard to the budget Later in the year I was able to work last year. There is no greater need. The rules, but we do this all the time, and with my Senate colleagues in the Bu- statistics in Indian Country, both in we routinely waive the budget. The reau of Indian Affairs to bring addi- South Dakota and other reservations only reason it does is because it does tional police officers to the Standing in other States, are dire. We, as the take that one-tenth of 1 percent from Rock Sioux Reservation through Oper- Senate, have a responsibility to ad- across the entire nine appropriations ation Dakota Peacekeeper. That oper- dress those needs, particularly at a bills as opposed to taking it out of one ation, which was a success, was only time when we are already funding or particular appropriations bill. What possible because of the Bureau of In- going to pass a bill which increases that does is attempts to distribute that dian Affairs being able to dramatically spending in this appropriations bill by reduction across the board so no one increase the number of law enforce- as much as it does. area is hurt in a significant way rel- ment officials on the reservation dur- One-tenth of 1 percent is all we are ative to the others. ing what we referred to as the surge. saying would be necessary to provide But, again, I would simply point This dramatic increase in officers was the $400 million that is necessary to out—and I appreciate what the chair- only possible because the Bureau had fund this amendment and the impor- man said about these other areas in the been given additional public safety and tant priorities it would serve. budget, these programs being cut—bear justice funds in 2008, something I would I hope my colleagues will be able to in mind, this is an 8.3-percent increase, like to continue with my amendment. support it. year over year, over last year’s appro- The way these dollars would be used, I yield the floor. priated level in all these accounts. if my amendment is accepted, also is The PRESIDING OFFICER. The Sen- There is not any account in this appro- spelled out in the amendment. It is ac- ator from Hawaii. priations bill that is receiving a cut. tually spelled out in the statute, the Mr. INOUYE. Mr. President, I under- They are all receiving an increase. authorization bill. But the $400 million stand Senator THUNE has modified his The question is, Will it be an 8.3-per- would be distributed as follows: $200 amendment to correct an earlier draft- cent increase or an 8.2-percent in- million will go to congressionally ap- ing error. crease? What I am simply saying is,

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.042 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2800 CONGRESSIONAL RECORD — SENATE March 5, 2009 you make it an 8.2-percent increase and cent increase. That is a great deal of tections of the Endangered Species Act use that one-tenth of 1 percent to fund money. to the polar bear, despite its threat- a program this Congress, this Senate Senator THUNE has proposed an ened status. The omnibus bill language voted to authorize last year, specifi- across-the-board cut of 0.1 percent to would allow the Obama administration cally, for Indian health care, for water the entire omnibus to pay for an in- to immediately lift this ruling. This is development, and for public safety on crease of $400 million for these two an important first step toward fully our reservations. Of course, there is agencies in addition. That means every protecting the polar bear under the En- funding in the underlying bill for some account in the entire omnibus bill dangered Species Act. of these things, but none of which is must take a cut. As I said, the amendment would undo adequate to address the need, which is Now, if the Thune amendment were the Obama administration’s ability to precisely why so many of the reserva- successful, it would increase my bill, quickly move to change two last- tions in my State have the high inci- the Interior bill, by $372 million, which minute rules imposed by the Bush ad- dents of crime, the data they have in would put us over our allocation, which ministration. terms of the many areas I mentioned. would make germane a point of order The first Bush administration rule, When it comes to prosecutions, when it against our bill. I think that is wrong. issued in December 2008, denies the pro- comes to detention facilities, when it I think when we do a substantial in- tections of the Endangered Species Act comes to law enforcement personnel crease, I do not understand the need for to the polar bear, despite its threat- and officers, we are deficient in the re- this. I do not understand why a 23-per- ened status. sponsibility we have. cent increase, to the tune of $6.957 bil- The omnibus bill language would So, again, it is not a question of lion—that is a huge increase, probably allow the Obama administration to im- whether all the programs that are one of the greatest increases in any mediately lift this ruling. This is an funded in the bill are going to get an part of this omnibus, and that is the important first step toward fully pro- increase. They are all going to get an underlying omnibus bill. tecting the polar bear under the En- increase, a substantial increase. Under So I am concerned. I would urge a dangered Species Act. The second Bush regulation, also my amendment, it is simply an 8.2-per- ‘‘no’’ vote on the Thune amendment. issued in December of 2008, excludes cent increase as opposed to an 8.3-per- Mr. President, I would like to raise a independent wildlife experts from the cent increase. point of order against the amendment decisionmaking process of the Endan- It seems to me, at least, the least we under section 302 of the Congressional gered Species Act. This is major. I can do to honor the commitment we Budget Act. The pending amendment think it is wrongheaded because it made by passing the emergency fund would increase spending in the Interior would leave the decisionmaking up to for Indian safety and health we passed Subcommittee by $400 million, pri- the Department that handled whatever last year is to provide funding for it. marily by cutting spending in the ju- So I appreciate the chairman’s obser- risdiction of the eight other sub- the project was without any input from scientists or biologists on the subject. vations. I would simply ask my col- committees funded in this act. The So whichever Federal agency has pro- leagues to look beyond whatever tech- amendment, therefore, would result in posed a project is given the full juris- nicality may be raised with regard to spending exceeding the budget alloca- diction to determine whether there is where the one-tenth of 1 percent is tion of the Interior Subcommittee. an impact to an endangered or threat- coming from. It is coming from all nine I make a point of order under section ened species, and independent sci- appropriations bills across the board as 302(f) of the Congressional Budget Act entists are excluded from the consulta- opposed to from one particular area or that the amendment provides spending in excess of the Interior Subcommit- tion process. account. But that, to me, seems to be The omnibus bill, as currently writ- the fair way in which to do this in a tee’s 302(b) allocation under the fiscal year 2009 concurrent resolution on the ten, allows the Obama administration way that distributes that one-tenth of to quickly undo the Bush rule and re- 1 percent reduction evenly. So I hope budget. The PRESIDING OFFICER. The Sen- turn independent wildlife experts to my colleagues will support the amend- ator from South Dakota is recognized. this consultation process. ment. Mr. THUNE. Mr. President, I move to The amendment offered by Senator I yield the floor. waive the point of order the Senator MURKOWSKI would further prolong The PRESIDING OFFICER. The Sen- these two Bush administration rules ator from California. raised under the Budget Act. The PRESIDING OFFICER. The mo- and require a public comment period of AMENDMENT NO. 635, AS MODIFIED tion to waive has been entered. 60 days before the Bush rules can be Mrs. FEINSTEIN. Mr. President, I Mr. THUNE. Mr. President, I ask lifted. I cannot support that. come to the floor to, first of all, oppose unanimous consent that when the Sen- In my view, right now the polar bear the Thune amendment, and then to ator concludes her remarks on the is not sufficiently protected. Here is speak in opposition to the Murkowski other amendment, I have a couple min- why. Under the rule issued by the Bush amendment. utes to respond. administration, the polar bear is only I rise as chairman of the Interior Ap- The PRESIDING OFFICER. Is there protected under the Marine Mammal propriations Subcommittee. In its cur- objection to recognizing the Senator Protection Act. This Federal statute rent form, the Interior portion of the from South Dakota after the Senator only protects polar bears from direct omnibus is funded at $27 billion. This from California yields? harm. It does not address the problem section includes a substantial increase Without objection, it is so ordered. of the arctic habitat of the bears, for the Bureau of Indian Affairs and The Senator from California is recog- which is literally melting away. the Indian Health Service. For fiscal nized. I read books. I have watched PBS na- year 2009, the bill provides $5.957 bil- Mrs. FEINSTEIN. Thank you very ture shows, which have shadowed polar lion. This is an increase of $320 million much. bears, which have shown the deterio- over the fiscal year 2008 bill. It is a 5.7- AMENDMENT NO. 599 rating ice pack. percent increase. That is a great deal Mr. President, I would now like to Let me quote something Secretary of money. speak against amendment No. 599, of- Dirk Kempthorne, the former Sec- The Thune measure—well, let me fered by Senator MURKOWSKI, which retary of the Interior, said in May of make one other point first. In addition, would limit the Endangered Species last year. Here is what he said. This is the Recovery Act, which we enacted Act protections for the polar bear and a Republican Secretary of the Interior: last month, contained $1 billion for other fragile species. Because polar bears are vulnerable to this these two agencies. So taken together, The Interior portion of the omnibus loss of [sea ice] habitat, they are, in my the omnibus bill and the recovery act bill as currently written allows the judgment, likely to become endangered in will provide $6.957 billion. That is an Obama administration to quickly undo the foreseeable future. increase over the 2008 level of $1.320 bil- two last-minute rules imposed by the So we know the polar bear is being lion, or 23 percent. Now, that is what Bush administration. jeopardized by the deterioration of ice. the underlying bill and the recovery The first Bush administration rule, Now, some people, perhaps, do not be- act, the stimulus bill, does—a 23-per- issued in December 2008, denies the pro- lieve the ice is really deteriorating.

VerDate Nov 24 2008 01:49 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.043 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2801 But if you look here, this is the Arctic going on here that that is what we do. publican input into this bill. This bill Sea ice loss. This whole thing, as We offer amendments. We determine was put together last year. Senator Al- shown on this chart—both the ochre priorities. We move money around lard was the ranking member. Senator color, the yellowish color, and the within appropriations bills. To suggest Allard and his staff participated in the white—is the way it was in 2005. In for a minute that we shouldn’t be offer- committee deliberation of this bill. 2005, this was the Arctic. In 2007, the ing amendments to move money from There is no question about it. I think Arctic ice mask is 39 percent below the one part of this bill to another part of we have to remember this is not a 2010 long-term average from 1979 to 2000, the bill, the fact is that nine appropria- appropriations bill; it is a 2009 appro- and you can clearly see its deteriora- tions bills have been bundled together priations bill. tion in a 2-year period. and we are being asked to vote on $410 I wish to state that the reason we So what is happening in the Arctic is billion in spending at one time, and have a 23-percent increase in the bill actually very dramatic. It is actually then we are being told we can’t come for Indian services and Indian health destroying polar bear habitat, and ab- down here and offer amendments. That care is that we recognize there is a sent that habitat, the polar bear can- is what we do. We have 100 Senators. need. This is a substantial addition. So not feed himself or herself. The polar All of them come to this Chamber with my objection to the amendment should bear starves. The nature show on PBS different priorities. I came down here not be construed that I do not want to actually tracked a female polar bear. It and said I wanted to offer an amend- support Indian health services or In- showed her starving. It showed her ment that took a one-tenth of 1 per- dian health care. The amendment having two cubs. It showed one of the cent haircut across all nine appropria- causes a point of order against the bill. cubs dying of starvation. It showed her tions bills, evenly distributed, to take We exceed our allocation. It forces struggling to find food floating out on $400 million and put it into a program every one of the nine bills to take a cut individual pieces of ice. that Congress authorized last fall but and then adds to my bill an additional In my view, there is no question that has not funded that would address the $372 million which forces us up over the Secretary Kempthorne was correct, needs of Indian health care, public limit. This is a bill that has been discussed. that the polar bear will very shortly safety, and water development—crit- It has been discussed with the Repub- meet the criteria of the Endangered ical needs on Indian reservations. Species Act and, therefore, I strongly I urge any of my colleagues who lican side. We had agreement on it last believe if that is, in fact, the case, we haven’t visited a reservation to come year. I believe the commitment should should have the proper opportunity to to South Dakota and see what I am be kept and the bill should be passed. I believe there is an ample increase both assess it and move in that direction. talking about. I mentioned it earlier. for Indian health care and Indian serv- So I am fully supportive of what The average life expectancy for males ices. So I wanted the opportunity to re- President Obama has done to move rap- on the Oglala Sioux Reservation in my spond to the Senator from South Da- idly to set up the situation for that home State of South Dakota is 56 kind of consideration. The statute that kota in that regard. years. It is 58 in Iraq, 59 in Haiti, and Thank you. I yield the floor. is in the underlying bill would ensure 60 in Ghana, all higher than right here The PRESIDING OFFICER (Ms. that melting habitat of the Arctic is in America. Between 2000 and 2005, Na- KLOBUCHAR). The Senator from Nevada taken into consideration. So the omni- tive American infants were more than is recognized. bus bill will give the Obama adminis- twice as likely to die as non-native in- Mr. ENSIGN. Madam President, in a tration strengthened authority to fants. I already mentioned the public moment I am going to ask unanimous quickly undo the Bush rule on polar safety statistics and the crime data consent that the pending amendment bears and open the door to the process that exist on our reservations because be set aside so I can offer an amend- of applying the Endangered Species Act we don’t have adequate law enforcement dealing with the DC scholarship to the threatened polar bear. ment personnel, we don’t have cops, we program for low-income children. I Anyone who looks at the beauty of don’t have prosecutors, we don’t have wish to talk about it first and give the these animals recognizes their signifi- jails, we don’t have all the things that other side fair warning, because I un- cance not only to nature but to man are necessary to keep our people safe derstand that the other side is going to and woman as well. This is an extraor- on our reservations in South Dakota. object, which is very unfortunate. dinary animal. It deserves to be pro- Here may be a budget technicality, a We have had a wonderful program tected. So I am very proud we have lan- point of order that can be raised that recognized DC public schools are guage in the bill that is supportive of against my amendment which will re- failing children of the District of Co- what the President of the United quire that we have to have 60 votes for lumbia. Most of those children are low States is attempting to do. So I thank my amendment, but all that means is income, minority children. A few years the Chair, and I yield the floor. instead of getting 51, we need 60. I can’t ago, under a Republican Congress and The PRESIDING OFFICER. The Sen- imagine that we would not have an op- President Bush, we put together a pro- ator from South Dakota is recognized. portunity—nine appropriations bills gram that initiated a little experi- Mr. THUNE. Mr. President, if I might being bundled together, brought to the ment. In DC schools, the dropout rates briefly respond to the Senator from floor of the Senate, $410 billion in are high, kids aren’t learning to read California regarding my amendment spending—to come down here and offer at the appropriate levels, they aren’t that deals with Indian health, public amendments that move money around. learning math at the appropriate lev- safety, and water development. That is what Senators do. That is what els; across the board the crime levels I think it is important to remind ev- we do in the Senate. are too high in the schools. Since the erybody, first of all, that this bill we I hope my colleagues will look past vast majority of the schools in the Dis- have in front of us and the appropria- the point of order that is going to be trict of Columbia are failing the kids, tions bills that have been passed so raised and say: One-tenth of 1 percent Congress decided to experiment here far—three of them passed last year— in a bill that is being increased by 8.3 and see if something works. So we se- nine of them are bundled into this percent year over year; go for this im- lected 1,700 kids and we gave their par- bill—this bill was written behind closed portant priority on Indian reservations ents a $7,500 scholarship to be able to doors. There wasn’t any participation across our country. go to the school of their choosing in by Members, at least that I know of, on I hope my colleagues will vote for the area. The response by the parents our side when it came to putting this this amendment or vote to waive the was overwhelming. A lot more people together and offering amendments at point of order. wanted to sign up for this program the committee level. The only oppor- I yield the floor. than there were scholarships available, tunity we have to offer amendments is The PRESIDING OFFICER. The Sen- but we at least allowed 1,700 children when a bill comes to the floor of the ator from California is recognized. to participate for the last five years, Senate. Mrs. FEINSTEIN. Mr. President, I this being the sixth year now. Now, it shouldn’t come as any sur- would like the opportunity to simply In this underlying bill, there is lan- prise to anybody here in the Chamber say to the Senator from South Dakota guage that effectively kills this pro- or anybody who is tuning in to what is that it is not correct there was no Re- gram, because it says that unless the

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.044 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2802 CONGRESSIONAL RECORD — SENATE March 5, 2009 bill is reauthorized and the DC City had an opportunity. I think this is vote on. By the way, the Democrats Council approves the program, no fund- what the National Education Associa- have come to an agreement that they ing shall be allowed to go toward this tion is afraid of. They are afraid this are going to defeat them, whether they DC scholarship fund. program is going to work and it will are meritorious or not, because they Now, we know Head Start and the then be tried in other areas. What are set a false deadline of tomorrow to fin- Higher Education Act both continued, we afraid of? Are we afraid we are actu- ish the bill. They said tomorrow the even though they weren’t reauthorized, ally going to improve education in the funding runs out for our Government. for many years until we were able to United States through an innovative In reality, all you have to do is pass a come together to reauthorize. That is program? continuing resolution that will fund not uncommon in this building because Even yesterday, the Secretary of the Government for another week. We it is difficult to get legislation reau- Education under President Obama could do it on a voice vote, and then thorized. So we continued funding Head made this comment about the DC the House can do it on a voice vote. Start. We continued funding Higher scholarship program. He said: Then we can come back next week and Education. But the No. 1 issue for the I don’t think it makes sense to take kids debate amendments and have votes on National Education Association is to out of a school where they’re happy and safe them. kill the DC scholarship program for and satisfied and learning. I think those kids This is one of the amendments that poor children. I ask: What are they need to stay in their school. needs to be voted on. If you want to afraid of? Well, as was stated today in He was talking about those 1,700 kids throw 1,700 kids out of good schools and the Chicago Tribune, they are not who are in the DC schools under this put them into nonperforming schools, I afraid of this program because it is scholarship program today. Two of want you recorded on this vote. Some failing; they are afraid of this program those children actually go to school have said this isn’t just going to poor because it is actually working. Let’s with President Obama’s children. Un- children. The limit is 185 percent of ask a commonsense question: If this fortunately, the majority party in Con- poverty and below. That is the limit of program weren’t working, would the gress has written into this bill that we the income to qualify for this scholar- children who have received this schol- are going to take those kids out of ship program. The average income for arship continue in this program? The these schools. We are going to effec- families qualifying for this scholarship obvious answer is of course they tively eliminate the scholarship that is $23,000 a year. wouldn’t. They would go back into allows them to stay in their schools. The National Education Association their other schools. One young man, Ronald, who was here said this is a threat to public edu- We had a press conference earlier today is a junior in high school. Ronald cation. Oh, really? First of all, $7,500 is today with some of the parents and is also the Deputy Youth Mayor for what we give as a scholarship. The av- teachers who are involved in this pro- Washington DC and has made edu- erage spent per student in Washington, gram. Three wonderful young men cation his number one priority. Next DC, public schools is around $15,000. So came together with us today. We had year Ronald will be a senior. They are we are spending half that. We didn’t Fransoir, Richard, and Ronald. Two of going to take him out of a school he give them the full $15,000, just half them had written statements, and then has attended the last 5 or 6 years and that. This was in addition to the Wash- there was little Richard who got up make him go to a different high school ington, DC, School District money. But and spoke off the cuff. All three of for his senior year. At this other high the benefit is, every child you take out them were incredibly articulate. They school, it’s likely over half the kids of Washington, DC schools, allows were talking about how important this aren’t learning at the grade level they money to be spent on other students. scholarship program was to them and should be learning at and where about I have a couple stories to tell you how they didn’t want to go back to the half of them drop out of that school. about. Sherine Robinson, the parent of other schools because in the schools Instead, Ronald should remain at the an opportunity scholarship recipient, they are in today, they are actually school that gave him a future, hope, believes parents should not have to learning. and opportunity. I wish all Americans worry about violence in their schools. So do we put the interests of the Na- could have heard him speaking today, That is one of the reasons some of the tional Education Association first, or and then I would like to see the other parents are taking their children out. do we put the interests of our children side of the aisle vote against this It is not just the educational opportu- first? It isn’t just these 1,700 kids amendment and vote against allowing nities, it is the violence they may have whose future is at stake. We are trying this amendment to even come to a to experience while they are in school. to look for programs in education, re- vote. She believes the parents should not forms that actually work, because the It is very unfortunate that the other have to fight for their kids to learn. No. 1 priority for our children should side is not allowing us to do but just a She believes all parents should have a be about their education into the fu- few amendments, amendments that choice and ‘‘the DC Opportunity Schol- ture. If they are going to compete in they deem worthy to be voted on. That arship Program gives us a chance to the 21st century, they have to have a is not the way the Senate has worked find the best school possible.’’ Those good education. It is the new civil right the last several weeks. It has actually are the words of a parent. She now of our day. It is not a civil right to been working. As the minority, we re- feels her child is in a safe school and is stick them in failing schools that are alize we have fewer votes on this side. doing well. Why do we want to deprive unsafe, that are gang ridden, that are We understand that. We understand we her of that opportunity? drug ridden, that have teachers who are going to lose most of these votes. Obviously, I believe strongly in this are not teaching our children in a con- Occasionally, as last week, we did win scholarship program. I believe this pro- structive manner. It is not a civil right one, but most of the time we are losing gram is working. I believe we can prove to say to them: I know other people these votes. That is the way this body it is working statically and spread this have more money than you. They can is at least supposed to work, you de- program across the country. Let’s put go to a good school and can learn, but bate amendments and you have votes our children first; let’s not put special we are going to trap you in this poor on the amendments. interests before our children and their performing school simply because you Unfortunately, with regards to the education. That is what this argument don’t have enough money. Civil rights bill before us, that is not the case. Nor- comes down to. is supposed to be about giving people mally, we vote on appropriations bills Let’s use common sense and put com- opportunities, not based on income, one at a time and somewhere around 15 passion back into this bill. Let’s allow not based on race, not based on reli- amendments per bill are offered and amendments so we can take care of our gion, but simply because they are voted on. We have eight or nine bills kids and educate them in the way they Americans who can actually have a combined together and, so far, I think deserve to be educated. chance. we have had six or seven amendments I ask unanimous consent that the So this program is going to show, I voted on. We will have a few more pending amendment be set aside and believe, as the studies come out on it, voted on tonight. That seems to be the that I be allowed to call up the Ensign that these kids did better because they total that the majority wants us to amendment No. 615, which provides an

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.045 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2803 opportunity scholarship for 1,700 poor ments come in throughout that period. Mr. COCHRAN. Madam President, I children in the District of Columbia. After the comments are received, the ask unanimous consent that at 5:30 The PRESIDING OFFICER. Is there U.S. Fish and Wildlife Service made p.m. the Senate proceed to vote in rela- objection? several appropriate revisions to the tion to the following amendments in Mr. INOUYE. Madam President, on final rule. the order listed; that prior to each behalf of the leadership, I object. Nothing in this special rule changed vote, except as noted below, there be 2 The PRESIDING OFFICER. Objec- the recovery planning provisions and minutes of debate equally divided and tion is heard. the consultation requirements that controlled in the usual form; that no Mr. ENSIGN. Madam President, this exist under section 7 of the ESA. The amendments be in order to any of the is most unfortunate. It is what I 4(d) rules that are contained are not amendments in this agreement; that thought would happen. There was a exclusions, and they are not exemp- after the first vote in the sequence, the rumor going around today that this tions. Under the ESA itself, section remaining votes be limited to 10 min- would happen. I plead with the other 4(d) says that for threatened species, utes each; that prior to the vote in re- side to give these 1,700 children a the Secretary may promulgate such lation to the Kyl amendment No. 634, chance to learn, a chance to continue regulations as he deems necessary or there be 10 minutes of debate, with 5 in the program that is working for advisable. So what happened was Sec- minutes each for Senators KYL and them. I would love to expand the pro- retary Kempthorne used this very LAUTENBERG; Murkowski, No. 599; gram, but I know that is not doable in strict authority to develop a rule that Inhofe, No. 613; Thune, No. 635, as this Congress. But let’s at least keep states if an activity is permissible modified; Kyl, No. 634; and Crapo, No. these 1,700 schoolchildren in school under the stricter standards of the Ma- 638. with the ability to learn, in safe rine Mammal Protection Act, it is also The PRESIDING OFFICER. Is there schools that are actually giving them permissible under the Endangered Spe- objection? hope and opportunity for the future. cies Act with respect to the polar bear. Without objection, it is so ordered. I yield the floor. I wish to repeat a comment the Sen- The Senator from Vermont is recog- The PRESIDING OFFICER. The Sen- ator from California made yesterday. It nized. ator from Alaska is recognized. is one I absolutely agreed with. I agree Mr. LEAHY. Madam President, I will AMENDMENT NO. 599 we must follow the process; we must speak briefly about one of the amend- Ms. MURKOWSKI. Madam President, follow the law. The problem is, the ments pending, but first I wish to ex- I rise to speak this afternoon in favor House rider circumvents the public press my support for the fiscal year of an amendment I laid down yester- process because it completely elimi- 2009 Omnibus Appropriations Act. With day, No. 599. I wish to respond to some nates the law. Section 429 doesn’t re- all the debate here, we sometimes lose comments that have been made on the quire public notice and doesn’t allow sight of the fact that this is a product floor by several colleagues. public comment or judicial review, as of months of bipartisan negotiation The amendment I have introduced is required by the law. and hard work. I serve on the Appro- would modify section 429 of the Omni- What my amendment does is main- priations Committee and I watch the bus appropriations bill that allows the tain the public process. It not only re- various subcommittees come together Secretary of the Interior and the Sec- quires that any withdrawal or re- and meet. We had both the Republican retary of Commerce to withdraw the promulgation of either of these two leader and the Democratic leader of final rule relating to the ‘‘Interagency rules follows the Administrative Proce- the committees join together and pass Cooperation under the Endangered Spe- dures Act, with at least a 60-day com- most of the bills that make up the om- cies Act,’’ and the final rule that re- ment period to allow for that adequate nibus. It is bipartisan. They passed al- lates to the ‘‘Endangered and Threat- public comment. This is the same most unanimously. ened Wildlife and Plants: Special Rule amount of time the public had to com- Now, we find we are getting into de- for the Polar Bear.’’ This is a special ment on the polar bear 4(d) interim bate on amendments and it is some- rule for the polar bear. final rule last year. what troubling. These provisions allow the Secre- Without this amendment, this provi- We completed a budget process begun taries of Commerce and Interior, or sion allows the Secretaries to make more than a year ago to fund the Fed- both, to withdraw the two Endangered dramatic changes in rules and regula- eral Government and also to fund hun- Species Act rules inserted under sections, without having to comply with dreds of critical programs in the Fed- tion 7 of the ESA within 60 days of multiple, longstanding Federal laws eral Government. adoption of the omnibus bill and then that require public notice and com- It is unfortunate we are now halfway reissue the ESA rule without having to ment by the American public and through the fiscal year. I wish it could go through any notice or any public knowledgeable scientists. These chal- have been completed through regular comment period, and without being lenges have the potential for far-reach- order. But enacting this legislation subject to any judicial review as to ing and truly unintended consequences means funding increases for programs whether their actions were responsible. in our country. that serve as a lifeline to many Ameri- Neither of the ESA rules that are The House rider we are dealing with cans. part of this amendment were promul- in this omnibus bill shortchanges the I appreciate what Chairman INOUYE gated in the dark of night. Nothing public process. It is certainly not my has done, what President pro tempore happened in the back room. The exist- amendment that shortchanges any- BYRD has done, and what ranking ing rules were the result of a public thing or tries to go outside the process. member THAD COCHRAN has done. These process that fully complied with all ap- What we are providing in this amend- are people with whom I have served for plicable laws. In fact, one of the rules ment is ensuring we follow that public decades on the Appropriations Com- is under judicial review now, as the Ad- process. mittee. They put together a piece of ministrative Procedures Act allowed. I ask Members of this body to vote in legislation that is going to take our The polar bear 4(d) interim final rule favor of my amendment to maintain country forward by investing in health was certainly not a ‘‘midnight rule.’’ this public process. That is what this care, law enforcement, the environ- Look at the process it went through. It amendment does. We owe it to our- ment, and public schools. was announced and made available as a selves to keep the integrity of the proc- Some have argued that because we final special rule on May 15 of 2008, ess intact. It is a dangerous precedent passed the American Recovery and Re- concurrent with the announcement of for this body to set. I ask Members to investment Act that this legislation is the decision to list the polar bear as look very carefully at this amendment not needed. That is not correct. The threatened under the ESA. That an- and truly attempt to understand the economic recovery plan was crafted nouncement then triggered or opened a full implications if we are not success- specifically to create and save millions 60-day public comment period to all in- ful in removing this rider from the bill. of jobs through investments, infra- terested parties to submit comments I yield the floor. structure, education funding, and so that might contribute to the develop- The PRESIDING OFFICER. The Sen- forth. But the recovery plan was not ment of a final rule. Then those com- ator from Mississippi is recognized. intended to replace the regular order of

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.051 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2804 CONGRESSIONAL RECORD — SENATE March 5, 2009 the Federal budget. This is a com- same amount approved by the Appro- The bill provides $1.7 billion for con- prehensive bill, not a targeted piece of priations Committee in July 2008. struction of new secure embassies and legislation. This represents a $1.6 billion decrease to provide security upgrades to exist- I have listened to the debate on this from former President Bush’s budget ing facilities, which is $178 million legislation throughout the week and request of $38.2 billion. I repeat—this below former President Bush’s request. heard the arguments that this bill is bill is $1.6 billion below what former He had proposed a 41-percent increase too expensive, it is unnecessary and we President Bush recommended in his which we did not have the funds to sup- would save money by level funding the budget. port. But an increase of $99.5 million, government for the rest of the year. It is a $3.8 billion increase from the or 13 percent, above the Fiscal Year Those making these arguments seem to Fiscal Year 2008 enacted level, not 2008 enacted level is provided consid- ignore the fact that flat funding the counting supplemental funds, and $968 ering the significant threats our em- government would mean no additional million above the Fiscal Year 2008 level bassies faced last year alone, from assistance through child nutrition pro- including Fiscal Year 2008 supple- Yemen to Belgrade. Even this lesser in- grams for hungry children whose fami- mental and Fiscal Year 2009 bridge crease for embassy construction and lies struggle to put food on their ta- funds. security upgrades would be lost under a bles. It would mean less funding is The State and Foreign Operations year-long continuing resolution. available to help rebuild our crumbling portion of this omnibus bill does not Specifically, the bill provides $4.24 bridges and roads, fewer funds for en- contain any congressional earmarks. It billion for Diplomatic and Consular suring Americans have clean and safe does, as is customary and appropriate, Programs, which funds State Depart- water to drink and reductions in crit- specify funding levels for authorized ment personnel. This is an increase of ical health prevention programs. In programs, certain countries, and inter- $464 million, or 12 percent, above the short, not passing this bill would mean national organizations such as the Fiscal Year 2008 enacted level and $42 turning a blind eye to the millions of United Nations and the World Bank. million above the President’s request. I thank Chairman INOUYE, President Americans who need their Government This funds a major investment in per- pro tempore BYRD, and Ranking Mem- to extend a helping hand to pull them sonnel to increase language training ber COCHRAN for their support through- up off the ground. and expand the number of personnel in out this protracted process. And I Some members of this body have ar- regions of growing importance. Sen- thank Senator GREGG, who, as ranking gued that because we passed the Amer- member of the State and Foreign Oper- ators on both sides of the aisle have ican Recovery and Reinvestment Act ations Subcommittee, worked with me strongly endorsed this investment, but this legislation is not needed. That to produce this bipartisan legislation it would not be funded under a con- could not be further from the truth. that was reported by the Appropria- tinuing resolution. The economic recovery plan was craft- In fact, under a continuing resolutions Committee with only one dis- ed specifically to create or save mil- tion, the State Department would not senting vote. lions of jobs through significant invest- It is imperative that we enact this have the resources to fund the staff ments in infrastructure, education bill. The alternative of a full year con- currently serving at 267 posts overseas, funding, and public safety net pro- tinuing resolution would be dev- due to exchange rate losses and the in- grams. I voted for this plan and have astating to the operations of the State creased cost of security overseas. That confidence that it is a necessary step Department and our embassies, con- means the United States would have to protect and strengthen our economy sulates, and missions around the world, even less representation than we do and invest in America’s future. But the and to programs that support a myriad now, which none of us here would find recovery plan was not intended to re- of United States foreign policy inter- acceptable. place the regular order for the Federal ests and that protect the security of The bill provides $1.1 billion for Budget. the American people. Many Senators Worldwide Security Protection for non- While the recovery plan includes nu- on both sides of the aisle were encour- capital security upgrades, an increase merous important priorities, it was aged that Senator Clinton was nomi- of $355 million above the Fiscal Year structured to be timely and targeted, nated for and confirmed to be Sec- 2008 enacted level and $46 million below not a comprehensive bill to fund the retary of State. If we want her to suc- the request. This account funds all the entire Government. Using the rationale ceed we must provide the tools to do Diplomatic Security agents at every of some on the other side of the aisle so. This bill supports her highest pri- post worldwide, armored vehicles, and and passing a yearlong continuing res- ority of rebuilding the civilian capa- training—all investments which, again, olution would mean we are less able to bilities of our Government. have bipartisan support. The increases ensure our security both at home and The bill provides $7.8 billion for De- would fund additional personnel for abroad. Not passing this legislation partment of State operations, a de- protection at high-threat embassies means the FBI will not be able to hire crease of $274 million below former and oversight of security contractors new agents, intelligence analysts, and President’s Bush’s request and $1.2 bil- in Iraq, Afghanistan and Israel-West others who protect us from crime and lion above the Fiscal Year 2008 enacted Bank. This would not be possible under terrorism. It would mean the FDA will level, not including supplemental a continuing resolution. not be able to protect us from unsafe funds. Counting emergency funds pro- Senators of both parties have ex- food and medicine. Finally, it would vided in Fiscal Year 2008 for personnel, pressed strong support for expanding mean fewer funds for critical activities operations and security costs in Iraq international exchange programs, par- such as nuclear nonproliferation, mili- and Afghanistan, the bill provides a 5.6 ticularly in predominantly Muslim tary assistance and peacekeeping oper- percent increase. countries. The bill provides $538 mil- ations and security operations for our These increases are attributed to a lion for education and cultural ex- embassies abroad. major investment in personnel, pri- changes, which is $15.5 million above Again, I thank my colleagues on the marily to replace worldwide positions the President’s request and an increase Appropriations Committee for their that were redirected to Iraq and invest of $36.6 million above the Fiscal Year hard work in crafting this bill. It is not particularly in countries of growing 2008 enacted level. Those additional an easy job to weigh the thousands of importance in South Asia. The bill sup- funds would be lost under a continuing competing priorities of our country ports the request of 500 additional posi- resolution at the moment when the and produce a comprehensive bill that tions, much of which will help posts United States has the greatest oppor- addresses these needs. I applaud Chair- left depleted, some by 25 percent, due tunity to reintroduce our country, our man INOUYE for his work and offer my to positions shifting to Iraq during the people, and our values to the rest of strong support for this legislation. last 5 years. In addition, the bill rec- the world. Madam President, the fiscal year 2009 ommends $75 million for a new initia- The same is true of public diplomacy. Omnibus appropriations bill contains tive to train and deploy personnel in The bill provides $394.8 million for the $36.6 billion in discretionary budget au- post-conflict stabilization. These crit- State Department’s public diplomacy thority for the Department of State ical investments would be lost if we do activities, including outreach, media, and Foreign Operations, which is the not pass this bill. and programs in embassies to develop

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.052 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2805 relationships with people in host coun- dress the serious staff shortage at These additional funds, which pay for tries. This is $33.9 million above the fis- USAID, but under a continuing resolu- life-sustaining antiretroviral drugs, cal year 2008 level, which would not be tion USAID’s staff problems would con- prevention and care programs, would available under a continuing resolu- tinue to worsen. It would not be able to be lost under a continuing resolution, tion. hire additional staff for Afghanistan to the detriment of 1 million people The bill provides $1.7 billion for con- and Pakistan, or for other posts where who would receive lifesaving treatment struction of new secure embassies and there is not sufficient oversight of con- this year. With this funding 2 million maintenance of existing facilities, a tracting and procurement. It is a crisis additional HIV infections would be pre- $280 million increase above the fiscal situation that I and Senator GREGG are vented this year. Instead of 10 million year 2008 enacted level and $83 million determined to fix. lives we are saving today, we have the below the President’s request. Of this For bilateral economic assistance, opportunity to save 12 million people. amount, $801 million is for embassy the bill provides a total of $17.1 billion, We have the opportunity with this bill maintenance, $40 million less than the $1.3 billion below former President to save 1 million more orphans or vul- request and $46 million above the fiscal Bush’s request and $623.3 million above nerable children who are either in- year 2008 enacted level. the fiscal year 2008 level. We received fected with HIV or have been orphaned The bill provides $770 million for requests from most Senators—Demo- because a parent died from HIV/AIDS. planning, design, and construction of crats and Republicans—for funding Why would we not make this invest- new embassies and office buildings from within this account, totaling far ment this year? worldwide, $178 million below the re- more than we could afford. A con- The development assistance account quest and $99 million above the fiscal tinuing resolution would make it im- funds energy and environment pro- year 2008 enacted level. Any Senator possible to fund many, if not most, of grams, microcredit programs, private who has traveled abroad has seen the those requests. enterprise, rule of law, trade capacity, need to replace insecure and old embas- A good example is global health. The and many other activities that Sen- bill provides $7.1 billion for global sies. There is already a long waiting ators on both sides of the aisle support. health and child survival, an increase list, and it would be even longer under The bill provides $1.8 billion for devel- of $757 million above the request and a continuing resolution. opment assistance which is $161 million $737 million above the fiscal year 2008 Former President Bush’s budget un- above former President Bush’s request enacted level. A continuing resolution derfunded the U.S. assessed contribu- and $176 million above the fiscal year would be devastating for these life- tion to UN peacekeeping in fiscal year 2008 enacted level. 2009 by assuming a reduction in every saving programs. The bill provides $350 million for A total of $495 million is provided for mission except Sudan. That was pie in international disaster assistance, $52 child survival and maternal health, an the sky. The cost of most of these mis- million above the request and $30 mil- increase of $125 million above former sions is increasing, not decreasing. The President Bush’s request and $49 million above the fiscal year 2008 enacted bill provides $1.5 billion for UN peace- lion above the fiscal year 2008 enacted level, excluding supplemental funds. keeping, an increase of $295 million level. These funds are for programs These funds enable the United States above the fiscal year 2008 enacted level that directly decrease child and mater- to put its best face forward when dis- and $20 million above the President’s nal mortality from preventable disaster strikes, as it did with the tsu- request. However, compared to the eases, such as malaria, polio and pneu- nami, the earthquake in Pakistan, total amount enacted in fiscal year monia. Under a continuing resolution, floods in Central America, and famine 2008, the bill is $173 million below the USAID would not be able to expand its in Africa. operating level in fiscal year 2008 in- malaria control programs to other The bill provides $875 million for the cluding supplemental funds. These are countries in Africa with a high inci- Millennium Challenge Corporation. costs we are obligated to pay by treaty. dence of malaria, which kills a million This is $1.3 billion below the request They support the troops of other na- people, mostly African children, every and $669 million below the fiscal year tions in Darfur, the Congo, Lebanon, year. 2008 enacted level. This reflects the Haiti, and a dozen other countries. The bill provides $300 million for safe view of the House and Senate that the The bill provides $1.5 billion for con- water programs, including increasing Congress supports the MCC but wants tributions to international organiza- access to safe drinking water and sani- to see a slowdown in new compacts, tions, the same as the President’s re- tation, which is a key factor in improv- while $7 billion in previously appro- quest and $186 million above the fiscal ing public health. priated funds are disbursed, and while year 2008 enacted level. The account Former President Bush proposed a the new administration decides how it funds the U.S. assessed dues to 47 inter- steep cut in funding for family plan- wants to fund the MCC in the future. national organizations, including ning and reproductive health programs, The agreement provides sufficient NATO, IAEA, OECD, the UN, and oth- even though they are the most effec- funds to continue current operations ers for which, as a member of the orga- tive means of reducing unwanted preg- and to commence two new compacts of nization, the United States is obligated nancies and abortions. The bill, in- $350 million each. by treaty to contribute. We either pay stead, provides a total of $545 million For the Peace Corps, the bill provides now or we pay later. from all accounts for family planning $340 million, which is $9 million above The bill provides $709.5 million for and reproductive health including $50 the fiscal year 2008 level. Those addi- the Broadcasting Board of Governors, million for the UN Population Fund, tional funds would be lost under a con- an increase of $39.5 million above the which is $82 million above the fiscal tinuing resolution. fiscal year 2008 enacted level and $10 year 2008 level. A continuing resolution The bill provides $875 million for million above former President Bush’s would eliminate those additional international narcotics control and law budget request. This includes funding funds, and the number of unintended enforcement, which is $327 million for languages which the former admin- pregnancies and abortions would in- below the request and $321 million istration proposed to eliminate in fis- crease. above the fiscal year 2008 enacted level. cal year 2009, such as Russian, Geor- The bill provides a total of $5.5 bil- Those additional funds for programs in gian, Kazak, Uzbek, Tibetan and the lion for programs to combat HIV/AIDS, Latin America, Pakistan, Afghanistan, Balkans, where freedom of speech re- $388 million above former President and many other countries would be lost mains restricted and broadcasting pro- Bush’s request and $459 million above under a continuing resolution. grams are still necessary to provide un- the fiscal year 2008 level. Of this There is a total of $405 million for biased news. amount, $600 million is provided for the continued support of the Merida Initia- For USAID, the bill provides $808.6 Global Fund to Fight HIV/AIDS, which tive, including $300 million for Mexico million for operating expenses, $41.4 is $400 million above the request. Addi- and $105 million for the countries of million above former President Bush’s tionally within the total, $350 million Central America. The fiscal year 2008 request and $179 million above the fis- is provided for USAID programs to supplemental included $400 million and cal year 2008 enacted level. This con- combat HIV/AIDS, which is $8 million $65 million, respectively. We are all in- tinues efforts begun last year to ad- above the request. creasingly alarmed by the spread of

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.019 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2806 CONGRESSIONAL RECORD — SENATE March 5, 2009 drug-related violence and criminal Some here complain that this omni- Minnesota, which is now presiding over gangs in Mexico, but under a con- bus—all but a small fraction of which the Senate. tinuing resolution there would be noth- would fund the budget requests of The PRESIDING OFFICER. That ing for the Merida Initiative. former President Bush—is more than would be correct. Migration and refugee assistance is we can afford. Those are the same Sen- Mr. LEAHY. Madam President, to go funded at $931 million, which is $167 ators who, year after year, back to the subject at hand, I do wish million above former President Bush’s rubberstamped billions and billions of to speak briefly in opposition to an request and $108 million above the fis- borrowed dollars to fund an unneces- amendment offered by Senator INHOFE. cal year 2008 enacted level. That $108 sary war and reconstruction programs It is amendment No. 613. According to million would be lost under a con- in Iraq that were fraught with waste the unanimous consent agreement en- tinuing resolution. This amount is al- and abuse. tered into by my dear friend, the senior ready $557 million below what was pro- Some say that the intervention of Senator from Mississippi, we are going vided in fiscal year 2008 including sup- the Economic Recovery and Reinvest- to vote on that amendment later plemental and fiscal year 2009 bridge ment Act is the reason they oppose today. funds. These funds are used for basic this omnibus bill. Regarding the De- His amendment prohibits any United care and protection of refugees and in- partment of State and foreign oper- States funding to the United Nations if ternally displaced persons, whose num- ations, 99.6 percent of the omnibus has the United Nations imposes a tax on bers are not expected to decrease this no correlation whatsoever to what was any United States person. It’s like: My year. funded by the Recovery Act. This por- gosh, how did we ever overlook this sit- The bill provides $4.9 billion for mili- tion of the omnibus funds all of the uation? But this amendment is a text- tary assistance and peacekeeping oper- United States’ activities overseas. All book case of legislating when there is ations, $173 million below former Presi- of the key new investments I have de- absolutely no rhyme or reason and dent Bush’s request but $212.6 million scribed will not occur if this bill is not shooting ourselves in the foot at the above the fiscal year 2008 enacted level. passed. same time. The funding for State and foreign op- The bill assumes $170 million provided It is not a response to anything that erations in this omnibus bill amounts in the fiscal year 2008 supplemental as has happened in the entire history of to about 1 percent of the total budget fiscal year 2009 bridge funds for mili- the United Nations. It is something of this country. However one views the tary assistance to Israel, making the that apparently the author of the Economic Recovery Act, it would be total amount for Israel equal to the amendment imagines maybe, some the height of irresponsibility to oppose President’s request, $2.55 billion. The time, somehow, somewhere this could additional $212.6 million for other im- this bill. The damage that a continuing resolution would cause to the functions happen. portant bilateral relationships would The United Nations has never levied of our embassies, consulates and mis- be lost under a continuing resolution. a tax on anyone. It is not a taxing or- For contributions to the multilateral sions, and to the foreign service offi- ganization. This provision was origi- development institutions, which we cers who serve the American people nally put in many years ago when anti- owe by treaty, the bill provides $1.8 bil- around the world, would be dev- United Nations sentiment was high. It lion. That is $503 million below the astating. The damage to programs was a feel-good, chest-thumping re- former President’s request and $251 would be measured in lives. sponse to a totally imagined, non-ex- million above the fiscal year 2008 en- We have seen the image of our coun- acted level. A continuing resolution try battered beyond recognition. The istent problem. I call it the Godzilla amendment. would put us another $251 million in ar- values our country was founded on Let’s pass a law that says if Godzilla rears, in addition to the arrears we al- were ignored, ridiculed, and dimin- comes tromping down the National ready owe. ished. Democrats and Republicans The bill provides the amounts re- alike recognize that the United States Mall, he is prohibited from coming quested by the former president for the needs to reinvigorate its engagement within 100 yards of the Nation’s Capitol Export-Import Bank, an increase of in the world, particularly through re- Building. $26.5 million above fiscal year 2008. By building alliances and using diplomacy The fact is, of course, there is no not passing this bill, these additional more effectively. This bill puts our Godzilla and there never will be. The resources would not be available to money where our mouths are. The al- U.N. has no taxing authority. It does make U.S. businesses competitive in ternative is to retract and to invite not impose taxes. There has never been the global marketplace. At this time of others to fill the vacuum. That might a U.N. tax on Americans. There is no economic downturn at home we should save money in the short term, but it realistic possibility that there ever be doing everything we can to support will cost us dearly in the future. will be. U.S. trade. AMENDMENT NO. 613 This would be like saying if the These are the highlights of the fiscal Madam President, I will speak briefly United Nations ever passes a law to re- year 2009 State and Foreign Operations in opposition to an amendment offered name the United States of America, we portion of the omnibus bill before us. It by Senator INHOFE. Before I do, I might will cut off funding. It is not going to contains funding to meet critical oper- note that I have served here for 35 happen. ational costs and programmatic needs years. Seeing the distinguished Pre- Every year each appropriations sub- which support U.S. interests and pro- siding Officer, when I first came to the committee receives requests from Sen- tect U.S. security around the world. Senate, there were two Senators from ators for what they want included in A handful of our friends in the minor- Minnesota—Senator Hubert Humphrey, the bill. Both the ranking Republican ity have criticized this omnibus be- Senator Walter Mondale. Senator Hum- member and the Democratic chairman cause it contains earmarks. Apparently phrey had been Vice President of the look at all these requests. No Senator they would prefer that unnamed, United States; Senator Mondale was to requested the language proposed by the unelected bureaucrats make all the de- become Vice President of the United Senator from Oklahoma. The Bush ad- cisions about the use of taxpayer dol- States. I was helped immeasurably by ministration never requested this lan- lars. In fact, the total amount of this the mentoring and the friendship of guage. Both I and Senator GREGG saw bill that Members of Congress—Demo- those two Senators. absolutely no reason to continue to in- crats and Republicans—have ear- The distinguished Presiding Officer clude it. It has no practical effect. marked for schools, fire and police de- and I had the opportunity to be present The Senator from Oklahoma has had partments, roads, bridges, hospitals, when the distinguished former Senator since last July, over half a year, to ask scientific research, universities and from Minnesota, Mr. Mondale, or Am- for its inclusion if he wanted. He never other organizations and programs in bassador Mondale or Vice President did. President Bush, Vice President their states and districts which would Mondale—he had all those titles—was Cheney, Secretary of State Rice—none not otherwise receive funding is less given one of the highest awards that of them saw any reason for it. than 1 percent. That is what the ag- the Japanese Government could give. This sort of falls into the ‘‘we need to grieved speeches are about. A whopping I mention this only because I still prohibit black helicopters from coming 1 percent. serve with the whole delegation from in the middle of the night from the

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.020 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2807 United Nations.’’ It is fantasy. But if issues, which I think are very impor- elders are dying. We are desperately we did adopt it, what an embarrass- tant issues, with an across-the-board short of money in these accounts. To ment for this country, the only coun- reduction in other areas. His original cut any of these health care accounts try in the world to adopt such an amendment was drafted in a way that in any amount, in my judgment, is amendment. would have cut $90 million out of cur- wrong. At a time when we are trying to rees- rent Indian programs to pay for this I am sorry I am not able to support tablish the reputation and leadership Emergency Fund. He has since modi- that amendment. It is the wrong of the United States, why would we put fied that amendment so that it is now amendment. I am anxious to work with Congress on record threatening the an across-the-board cut on a much my colleague from South Dakota. My United Nations not to do something broader array of programs. colleague has a record of working with that it is never going to do? We are not He makes the point that it is not a us on the Indian Affairs Committee, some two-bit country that wants to significant cut. I do not disagree with and he has a record of working on In- stand up and wave a flag and show how that. It is, however, a cut in Indian dian reservations on important issues. tough it is. We are not the mouse that health care programs, a cut in Indian I am anxious to work with him and my roared. We are the United States of housing programs, a cut in programs other colleagues, including Senator America. And doing something like that are so desperately in need of fund- BARRASSO from Wyoming, who take a this, the rest of the world is going to ing. I would be anxious to work with big interest in this issue. look at us and say: Why are you doing my colleague. I think those of us who I hope as we move forward that we such silly things? have worked so hard together, includ- will be able to provide the funding for The Senator’s amendment would cut ing Senator THUNE and others, need to the crisis that exists in health care, off funding for U.N. peacekeeping, for collaborate on these issues and deter- housing, and education on Indian res- the operations of the U.N. Security mine how we can come up with some ervations in this country. At the same Council, for UNICEF, for all the things additional funding for the authoriza- time, we need to provide the funding we are asking the United Nations to do tion we worked together to complete for adequate law enforcement, which in Iraq, Afghanistan, Darfur, the Mid- last Congress. we have signed treaties to do and dle East, and around the world. That is As I indicated, I was surprised by this which we have a trust responsibility to what the amendment says. It is an amendment, as I am sure the Senator do, but which we have systematically anachronism. It has no basis in fact. from California, Mrs. FEINSTEIN, was as over a long period of time failed to do. Does anyone think that even if they well. We have so many problems. For Madam President, I yield the floor. wanted to the other members of the example, contract health care on In- The PRESIDING OFFICER. The Sen- U.N. Security Council could do that dian reservations. You know the word ator from Massachusetts is recognized. over a United States veto? It’s impos- on reservations: Don’t get sick after AMENDMENT NO. 634 sible. June because they are out of contract Mr. KERRY. Madam President, I We already pay our assessed dues to health care funds and you are not wish to talk about the amendment of the United Nations. Is that a tax? We going to get admitted to a hospital. the Senator from Arizona, Senator have to pay it. It comes out of the Fed- We have people with bone-on-bone KYL, amendment No. 634, which is a eral budget, and the Federal budget is health conditions, and bad knees so well-intentioned amendment fun- taxpayer money. Should we stop pay- painful they cannot walk. But, it is not damentally but I think a misdirected ing that? considered life or limb, which means amendment. The purpose of the amend- Let’s stop treating the United Na- they will not get funding for it. ment is to prohibit the expenditure of tions as the enemy. Let’s start showing In the past, I held up on the floor of amounts of money made available maturity and leadership. The amend- the Senate a photograph of a woman under this act in a contract with any ment was an unnecessary piece of legis- who showed up lying on a gurney at a company that has a business presence lation years ago when it was first of- hospital having a heart attack with an in Iran’s energy sector. fered by Senator Jesse Helms, and it is 8-by-10 piece of paper Scotch taped to Effectively, what Senator KYL is no less so today. her leg that said to the hospital: If you seeking to do on this appropriations No President, even if the U.N. had admit this person, understand you may bill—on the fly, without hearings with- the ability to, which it does not—even not be paid for it because we are out of in the appropriate committees of juris- if it tried, whoever was President contract health care funds. diction, and without any appropriate would simply instruct our Representa- We are so desperately short of funds input by the administration—a new ad- tive to the United Nations: Veto it. in these areas, I don’t think we ought ministration, 1 month into office, and It is a solution looking for a problem. to be cutting an account like that, an administration that already has an- I yield the floor. even for something of great merit such nounced it has a new policy with re- The PRESIDING OFFICER. The Sen- as adding law enforcement funding to spect to Iran—is to walk in here and ator from North Dakota is recognized. this Emergency Fund. apply a unilateral sanction by the AMENDMENT NO. 635 I support law enforcement funding United States. Mr. DORGAN. Madam President, I initiatives. We need to find funding for Now, all of us share a very deep and rise briefly to oppose the amendment them. We have reservations where the real concern about the course Iran is offered by my colleague, Senator level of violence is 5 times, 10 times, 12 on. We have just concluded 3 days of THUNE from South Dakota. I supported times the rate of violent crimes in the hearings in the Foreign Relations Com- and worked with Senator THUNE and rest of the country. I have held hear- mittee on this very subject in order to Senator KYL on Indian law enforce- ings on it in Washington and on an In- get a better understanding of exactly ment issues and health care issues with dian reservation. I fully believe we what is happening in Iran, exactly respect to a very sizable authorization need to fund these initiatives. But what the possibilities may be, how we bill that was passed last year. It was should we do that by taking funding might avoid making the mistakes that actually an amendment to another bill. out of contract health care funds? I were made in the last administration It was enacted into law. We now have don’t think so. Contract health care by rushing to judgment, and how we an authorization for an Emergency where people cannot show up at the can proceed in a deliberative, thought- Fund for Indian Safety and Health that hospital door after June, when they ful way. To simply attach to this ap- is very important, and it needs to get have run out of funds, in very serious propriations bill this amendment in funded. trouble with something taped to their this way would be to contradict every I had not been aware of this amend- leg that says: By the way, you ought single one of those legitimate interests ment proposed by Senator THUNE. I not admit this person because you are of trying to approach a policy with re- don’t know with whom Senator THUNE not going to get paid. gard to Iran in a thoughtful way. talked about it. He did not visit with Full scale health care rationing is First, let us make it very clear. We me. going on. Forty percent of the health all know the effect of adopting this In any event, his amendment would care needs of American Indians are not amendment, because of the procedural provide funding for a range of Indian getting met. Little kids are dying and situation we are in, is very simple. It

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.054 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2808 CONGRESSIONAL RECORD — SENATE March 5, 2009 keeps us from enacting this bill before And a lot of us are hoping—all of us amendment were to pass. So again, it the current continuing resolution ex- hope, I think—that a more productive is unwise to target unilateral sanctions pires. And given what we have heard relationship is going to emerge, where- at allies and other influential countries from the House of Representatives, by we can explore areas of mutual in- we need in order to help appropriately that means a vote for this amendment terest. Believe it or not—a lot of people build a coalition to deal with Iran. is effectively a vote against the Omni- don’t realize it at first blush—when I mentioned earlier that the Foreign bus appropriations bill and it is a vote you begin to look at the region and un- Relations Committee has been doing 3 for a year-long continuing resolution derstand the dynamics of what is hap- days of hearings on this very topic. at last year’s funding levels. Given the pening in Afghanistan and Pakistan Today, we heard from two of the most state of our economy, given all of the and even Iraq, the fact is that Iran has distinguished and thoughtful individ- initiatives contained in bills we should the potential to be a constructive part- uals in America with respect to na- have passed last year and that we are ner with respect to a number of dif- tional security issues. They have both only now getting to, it would be irre- ferent mutual interests. They do not served as national security advisers to sponsible in the context of the current like the Taliban, they have an interest Presidents of the United States— economic situation of this country to in not having drugs come from Afghan- Democratic and Republican. I am talk- deny some of these funds to flow and to istan across the border, they have ing about Dr. Zbigniew Brzezinski and put people back to work and to help other interests with respect to the sta- GEN Brent Scowcroft. Both of them create the future jobs for this country bility of Afghanistan and other parts of made perfectly clear that this kind of that we need. that world. approach—the kind of approach in this On another level—and this is impor- The fact is they helped us—a lot of amendment—is counterproductive to tant—this amendment, if it passed, people don’t realize this—recently, in our overall strategy of bringing tough would actually have a very negative 2001 and 2002, when the Senate made al- pressure to bear on Iran in order to impact on the very office the Treasury most a unanimous decision that we change its direction. Department—the Office of Terrorism needed to respond to the 9/11 attacks So I say to my colleagues, going it and Financial Intelligence—would re- by dealing with Afghanistan and a safe alone on Iran may make you feel good, quire to enforce the amendment. Why haven. Iran was enormously helpful to but it ain’t smart, it is not playing to is that? Because in this omnibus bill us in that effort. And in fact much of our strengths, and it is not permitting that we want to pass is over $5 million, what we were able to accomplish with the current President of the United or about 10 percent over last year’s the northern alliance, with the place- States, as Commander in Chief and as budget, to help them be able to do the ment of our personnel on the ground, the initiator of our foreign policy, to very job this amendment seeks to have and other things through other compo- be able to take the initiatives he them do. So the result of passing the nents of that relationship wound up wants. What is more, it is not even amendment would be to take away the being very constructive in helping us clear how the Treasury Department’s needed resources from the very people to achieve what we did. So there are Office of Foreign Asset Control would at the Treasury Department who right even be able to implement this amend- now are trying to track down and root possibilities of a different relationship. Nobody is believing that mere talk- ment, and we haven’t had any hearings out the Iranian banking and financial ing is going to produce them, but you to determine how they would imple- transactions that contribute directly don’t know until you talk what the ment this amendment. to Iran’s nuclear missile programs. This amendment would bar any funds I think for the first reason alone you possibilities are. And you certainly, if provided by the bill for any new Fed- should not vote for this amendment, you ultimately are going to wind up eral contract with any company that but the second reason not to vote for it going down a much tougher road, want has a ‘‘business practice’’ in Iran’s en- is that it doesn’t make sense to take to build your bona fides with other ergy sector. Well, nobody here even money away from the people who are countries to show that you have made already doing the job we want them to every effort to be able to find out knows fully what the definition of a do. That doesn’t make sense. But more whether there are alternatives. So I business practice is. Does that mean broadly—and I hope colleagues will have long advocated that we take a dif- CIA? What does that mean in terms of think about this—this is not the time ferent approach with respect to Iran, anybody’s understanding of what in for this kind of an amendment. and I think this kind of measure gets fact is going to be banned? Moreover, We had a secret briefing yesterday flat bang immediately plunked down the Office of Foreign Asset Control afternoon with all of the DNI and CIA right in the way of being able to take doesn’t even catalogue those kinds of and other folks who are doing a lot of those kinds of additional new initia- companies right now. So all of a sudden hard work with respect to Iran, and we tives. you pass the money and you are going spent a number of hours analyzing this. The challenge for the Obama admin- to ask them to start tracking, no mat- We are trying to come up with a multi- istration now is going to be to choose ter how small that company. It is lateral approach that reaches out to a series of red lines with respect to going to distract them, frankly, from the Europeans, to the Russians, to the Iran’s potential nuclear program. And the serious work they are doing now to Chinese and others, and we are trying to do that, everybody has learned we root out and shut down Iran’s nuclear to put together an Iran policy that need to build coalitions with the Euro- missile-related procurement trans- makes sense. Developing a more effec- peans, the Russians, the Chinese, and actions around the world. That is more tive Iran strategy is one of President nations within the Middle East in order important than diverting to this sub- Obama’s top priorities, and getting it to be able to pull the full weight of the effort. right is challenging. That is why the international community against Iran, The bottom line is our challenges administration is undertaking the should they defy common sense and the with Iran are plain too serious to be comprehensive review of its policy op- requirements of the nonproliferation making foreign policy on the fly in an tions even as it works to get its team treaty and the United Nations and the amendment to an appropriations bill in place. It doesn’t make sense to come IAEA. So I think for diplomacy to pro- without hearing and without even ade- careening in here in the course of an ceed, we don’t want to engage in quately understanding fully the terms afternoon, without hearings, without unthought out, ad hoc efforts such as within it. The committees of jurisdic- melding it into that larger strategy, to this particular amendment, which can tion have not debated this approach. think about putting in place something get in the way of our ability to put to- They haven’t had any votes on this ap- that not only works against your inter- gether a strong multilateral coalition. proach. There may well be a time and ests but actually may wind up making Here is another reality. This amend- place for this kind of a provision. it more difficult for our allies to be ment would wind up actually making it Maybe this provision will fit into a se- able to work with us, and without un- more difficult to achieve that coali- ries of escalating sanctions which we derstanding how it fits into a broader tion, because it would indirectly sanc- have already been talking about within strategy. tion companies in some of the very the Foreign Relations Committee. But The President is right to open the countries we hope to enlist. That is we ought to do that not in this ad hoc door to direct engagement with Iran. going to be made more difficult if this way but in a thoughtful and disciplined

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.056 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2809 way, and I think we will have a much ate a civil society with the benefits of talking about those human rights ac- stronger policy if we do that. the freedoms we enjoy here in the tivists, democracy activists, those who Madam President, I yield the floor. United States—to be able to come to a are suffering simply to create an open- The PRESIDING OFFICER. The Sen- body like this and be able to debate; to ing in civil society within their coun- ator from Mississippi. be able to choose our elected represent- try. Then there will be some balance. Mr. COCHRAN. Madam President, I atives; to worship at the altar at which Then there would be some equity. Then suggest the absence of a quorum. we choose to worship; to be able to we would have an opportunity to move The PRESIDING OFFICER. The enjoy the benefits of the sweat of our on broader in the context of policy. clerk will call the roll. labor, whether by brawn or by brain. I yield the floor and I suggest the ab- The legislative clerk proceeded to But there is silence. sence of a quorum. call the roll. I am a little tired that we keep read- The PRESIDING OFFICER. The Mr. MENENDEZ. Mr. President, I ask ing about those who will spend hours clerk will call the roll. unanimous consent that the order for listening to Castro’s soliloquies but not The assistant legislative clerk pro- the quorum call be rescinded. spend 1 minute with human rights ac- ceeded to call the roll. The PRESIDING OFFICER (Mr. tivists, with political dissidents, with Mrs. BOXER. Mr. President, I ask CASEY). Without objection, it is so or- independent journalists. There was a unanimous consent that the order for dered. time when we used to help human the quorum call be rescinded. Mr. MENENDEZ. Mr. President, what rights activists and democracy activ- The PRESIDING OFFICER. Without brings me to the floor is the Kyl ists in the world; when we put an inter- objection, it is so ordered. amendment that is presently before us. national spotlight on people such as AMENDMENT NO. 599 I have listened to some of my col- Lech Walesa in Poland; when we did it Mrs. BOXER. Mr. President, we have leagues say how this is the wrong with Vaclav Havel in the Czech Repub- a series of votes. I believe the first one amendment at the wrong time. I would lic; when we did it with Aleksandr Sol- will be the Murkowski amendment. I simply say that, in fact, this is. I hap- zhenitsyn in the former Soviet Union. rise to speak against it. I think if you pen to agree. I happen to agree that it By creating that spotlight on those in- vote for the Murkowski amendment, is at the wrong time. dividuals, we gave them the oppor- what you are endorsing is a process I might very well agree with Senator tunity not to be harassed on a daily that is something that should not be KYL on the underpinnings of the basis, as Cuba’s democracy activists encouraged, which is a President in the amendment. I think we need to do are, in jail and in prison and sentenced, waning hours doing a midnight regula- what we must in order to ensure that sometimes for a quarter of a century tion to overturn a law. Iran does not achieve the possibility of for some minor act that, in fact, we Let me repeat that. What Senator a nuclear weapon, and whatever we would enjoy here as one of our funda- MURKOWSKI is doing is she is removing need to do in pursuing a two-track par- mental freedoms, such as wearing a language in this bill that reversed two allel as we engage them, at the same simple white bracelet that says midnight regulations the Bush admin- time have them understand that if en- ‘‘cambio’’—change. Change in the last istration put into place, without proper gagement is not going to achieve them election in the United States would get hearing, without going through the stopping obtaining a nuclear weapon, you elected President. comment period the way they should, that there are consequences. But this Say ‘‘change’’ in Cuba, it sends you ignoring the public, ignoring the is the wrong way to do foreign policy— to jail. Yet there is silence. There is si- science, and, in essence, doing a back- in an omnibus bill—just as it is the lence. It is deafening. It is deafening. door repeal of the Endangered Species wrong way to do foreign policy on the So I will vote against the Kyl amend- Act. Cuba provisions in this bill. ment because I think it is the wrong Now, that is not right. It happens to I am compelled to come to the floor process in an omnibus bill. But, by the be that one of these dealt with the because I will oppose the Kyl amend- same token, you cannot have it one polar bear, which, as you probably ment particularly because I think it is way and say it is wrong to have major know, was listed as a threatened spe- wrong to include it in an omnibus bill foreign policy changes in an omnibus cies by the Bush administration. But without going through the process—the bill and then be silent about the other. then people looked at the Endangered Senate Foreign Relations Committee It is wrong to say our policies should Species Act and said: My goodness, we and others—to consider in fact whether be changed but not have one word do not know what can happen if we now this is the best policy, to have an open about democracy, human rights, polit- declare that the polar bear is not only and free debate about it, to be able to ical prisoners. It is amazing to me that threatened but endangered. We better vote on it either way after such rig- people do not know who Oscar Elias take away the protection of the Endan- orous debate. But we are being asked Biscetis is, an Afro-Cuban doctor who gered Species Act from the polar bear. to vote for an omnibus bill that has ultimately was sent to jail for 25 years Whether you care about the survival provisions that change a significant simply because he refused to perform of the polar bear, as do I, or whether foreign policy as it relates to the the abortions the regime called upon you do not, it seems to me what the United States and Cuba. So there is a him to do. He protested it and he was Murkowski amendment does is to say duality. sent to jail for 25 years; or Marta Bea- that we approve of the President of any Finally, I have been reading a lot trice Roque, who, in fact, languishes party, acting in a capricious way, over- from our friends in the blogosphere and with health issues, and every time she turning a law that was passed by Re- others, who talk about this issue on goes out, most recently to visit a U.S. publicans and Democrats. Cuba, and the press. What is incredible diplomat, gets beaten along the way; or She not only deals with the polar to me is that they still cannot cite one Antunes, who is on a hunger strike try- bear, but she also deals with another human rights activist in Cuba, one de- ing to create limited openings in a civil very important rule that says, before mocracy activist in Cuba, they do not society and protesting the beating and there is a major development, Federal have the name of one prisoner of con- incarceration of another human rights agencies have to check with the Fish science inside of Cuba. They lose track. activist. and Wildlife Service to make sure we They talk about policy, but if it were I hope people will get to know their are not destroying God’s creation. any other part of the world—if we were names, such as they did Vaclav Havel I do not understand the thinking be- talking about Burma, if we were talk- and Lech Walesa and Aleksandr Sol- hind it. We have laws in place to pro- ing about what happens in the Sudan— zhenitsyn and others in the world tect endangered species. If we do not if we were talking about any other part whose voices we hear from our col- like the Endangered Species Act, if we of the world, we would see the same at- leagues who come here and talk about have decided we do not care about tention being given to the human them. I am proud of them for doing polar bears or we do not care about rights activists, the democracy activ- that. They need to start speaking out bald eagles or we do not care about any ists, the political prisoners inside of about the voices of those who languish of this, we want to do away with it, let Cuba who languish each and every day, in Castro’s jails and stop losing the ro- LISA MURKOWSKI and any of my col- and their crime is simply to try to cre- manticism of the regime and start leagues come and move to overturn and

VerDate Nov 24 2008 01:49 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.057 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2810 CONGRESSIONAL RECORD — SENATE March 5, 2009 overrule and abolish the Endangered There being no objection, the mate- entire time in office resisting the adoption of Species Act. rial was ordered to be printed in the laws that would have been better suited to But let’s not send a signal tonight RECORD, as follows: combating greenhouse gas emissions. But we that Presidents of either party can, at agreed that the Endangered Species Act was [From the Miami Herald, Aug. 13, 2008] the wrong tool for the problem. the waning hours of their Presidency— WHO NEEDS THOSE PESKY SCIENTISTS? Now, however, in what is ostensibly an at- and I do not care if it is a Democrat or The Bush administration continued its as- tempt to deal with this polar bear mismatch, Republican—can willy-nilly, with the sault on the Endangered Species Act this Interior Secretary Dirk Kempthorne has pro- stroke of a pen, decide to do away with week with a last-minute proposal that would posed a rules change that would undermine the protections of an act that was a speed up approval of construction projects the law’s fundamental work. Mr. Kemp- landmark environmental law. that could cause harm to endangered plants thorne suggests far-reaching changes to the If you do not like the law, come here, and animals. Maybe it comes out of despera- consultation process between the Fish and tell me why, let’s talk. Maybe we can tion, but whatever the motivation for the Wildlife Service or the National Marine Fisheries Service and other agencies. The fix parts of it, maybe we cannot. Maybe change, the administration misses the mark and should reconsider. If it doesn’t and the changes would render the process meaning- we can rework parts of it, maybe we less and put all protected species at risk. cannot. But let’s not allow Presidents change is approved, whoever is in the White House next year should immediately rescind Currently, an agency building a highway has to simply do away with these laws the new rule. to consult with the Fish and Wildlife Service when they may prove to be inconven- to determine whether the project is ‘‘likely COMPLETE PROJECTS FIRST ient. to adversely affect’’ a listed species. If a de- I hope we will vote against the Mur- Interior Secretary Dirk Kempthorne said termination is made that such harm is like- the change is necessary to keep the Act from ly, the service conducts a more rigorous re- kowski amendment, whether we want being used as a ‘‘back door’’ means of regu- to protect the polar bear or we do not, view of the project and issues a detailed lating greenhouse gases that are believed to opinion on its effects. It is in this give-and- whether we care about the bald eagle cause global warming. The change would take between the various agencies and serv- or we do not. That is up to us to decide. allow federal agencies that are responsible ices that modifications are made that allow But let’s not say tonight in this vote for building highways, bridges, dams and projects to go forward while minimizing the that we approve of an Executive doing other projects to decide if their projects cre- harm to animals and to trees and other away with the protections of Federal ate a risk to endangered species. This would plants. law with the stroke of a pen without a drastically limit the requirement for manda- Under Mr. Kempthorne’s plan, agencies hearing, without the comments, with- tory, independent reviews by the Fish and would be able to decide for themselves Wildlife Service and other agencies that em- whether a project is likely to harm a species, out the scientists, without working ploy scientists and experts to conduct the and not just polar bears. If an agency decided with Members of Congress on both studies. It would be like letting the prover- to consult on the possible impact, the Fish sides of the aisle. bial fox guard the henhouse. Those agencies’ and Wildlife Service would have 60 days I hope we will have a strong vote first priority is to get projects completed, (with the possibility of a 60-day extension) to against the Murkowski amendment. not protect at-risk species. issue an opinion. If it didn’t meet that dead- I yield the floor and I suggest the ab- If the problem truly were about the time line, the other agency could end the con- sence of a quorum. involved in the review process, the solution sultation and proceed. The Fish and Wildlife The PRESIDING OFFICER. The would be to streamline the process—not Service already can’t meet the deadlines es- clerk will call the roll. change the reviewer. But the administration tablished in the Endangered Species Act and The assistant legislative clerk pro- has used this gambit before. In 2003, it adopt- is practically being run by judges and law- ceeded to call the roll. ed rules to let agencies approve new pes- yers because of litigation stemming from Mrs. BOXER. I ask unanimous con- ticides without hearing from government blown deadlines. So we don’t hold out much sent that the order for the quorum call scientists about the impact on endangered hope that Mr. Kempthorne’s new deadlines species. The rule was overturned in court. would be met, either. The impact could be be rescinded. The administration’s antipathy to the idea devastating. The PRESIDING OFFICER. Without that human activities contribute to global The department contends that other gov- objection, it is so ordered. warming has been well documented. In an- ernment agencies have had years of experi- Mrs. BOXER. I am sorry to take back nouncing the proposed change, Secretary ence with the law and know as much as the the time so quickly, but I want to Kempthorne said, ‘‘It is not possible to draw Fish and Wildlife Service and the National place in the RECORD a number of edi- a link between greenhouse gas emissions and Marine Fisheries Service about how to pro- torials from around the country that distant observations of the impacts on spe- tect listed species. This is doubtful. The have come out against the Murkowski cies.’’ services are there for a reason—to safeguard amendment. One is from the Miami PUBLIC’S INPUT threatened and endangered species and to act as a check against the ambitions of agencies If approved, the administration would ac- Herald entitled ‘‘Who needs those that want to complete projects. The rigor complish with a change in the rules what it pesky scientists?’’ Another is entitled that the current consultation process fosters has not been able to achieve in Congress. The ‘‘Endangered Process, Proposed rule would be lost. changes to the Endangered Species Act House passed a bill in 2005 that would have A 30-day comment period on the new rules made similar changes to the Endangered could do lasting harm in the natural has begun. So, here’s our comment: Reissue Species Act, but the measure failed in the the proposed regulations with a specific, tar- world.’’ ‘‘Unnecessary ESA Rewrite,’’ Senate. The proposed change is subject to a that is from the Bangor Daily News. geted policy on how greenhouse gas emis- 30-day public comment period after which it sions should be taken into account on federal ‘‘Gutting the law’’ is from St. Louis can be finalized by the Interior Department. projects under the Endangered Species Act. Today. ‘‘Endangered law: Bush rule Thus, it is possible that the change could Gutting the consultation process, with all change ignores science—again.’’ That take effect before the next president is sworn the unintended consequences of such an ac- is from the Salt Lake Tribune. Here is into office, and could be in place for months tion, could be avoided. one from the Seattle Post-Intel- before a decision on rescinding is made. The Bush administration showed its animus to- [From the Bangor Daily News, Aug. 21, 2008] ligencer: ‘‘Endangered species: A 9-sec- ward scientific data by rejecting stem-cell UNNECESSARY ESA REWRITE ond rewrite.’’ ‘‘A complete sham, Pub- research that could help people with chronic The Endangered Species Act has rightly lic comments given curt review in rush diseases. Now it eschews research that pro- been criticized for being slow and cum- to dilute the Endangered Species Act.’’ tects the bald eagle, grizzly bear and Florida bersome. Eliminating a key provision of the panther. That is from the Las Vegas Sun. act—which requires agencies that promote ‘‘Shredder is overheating in Bush’s development, such as the Department of [From the Washington Post, Aug. 19, 2008] final months.’’ That is from the Vir- Transportation and the Bureau of Reclama- ginian Pilot. These editorials were ENDANGERED PROCESS tion, to consult with agencies charged with written when George Bush issued the In May, the Bush administration reluc- protecting wildlife is not the solution. executive orders. tantly listed the polar bear as ‘‘threatened’’ The Bush administration, through the De- Senator MURKOWSKI’s amendment under the Endangered Species Act. The facts partments of Commerce and Interior, pro- would say: Fine, let it stand. The un- left it with little choice: the bear’s Arctic posed such a change last week under the Sea ice habitat is melting because of global guises of ‘‘narrow’’ updates to the act. Far derlying bill reverses these midnight warming. But the administration wasn’t from narrow, this is a fundamental shift of regulations and goes back to the status happy, because the Endangered Species Act responsibility. ‘‘The fox guarding the hen- quo ante and back to the regular order. was never intended to be an instrument for house,’’ was the favorite cliched description I ask unanimous consent the edi- coping with climate change. Our sympathy from environmental groups. Cliche or not, torials be printed in the RECORD. was limited, since President Bush spent his they are right.

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.059 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2811 The Office of Surface Mining has more in- ulatory change,’’ the administration has pro- threatened wildlife habitat. No longer would terest in allowing ore to be mined than in posed changing that picky requirement that those agencies have to consult with sci- protecting animals. The Army Corps of Engi- independent botanists and biologists get in- entists at the Fish and Wildlife Service or neers is more concerned with seeing dredging volved in reviewing new projects. the National Marine Fisheries Service who projects completed than ensuring fish habi- Instead, the projects will be reviewed by have expertise in this complex area of biol- tat isn’t destroyed. That’s why consultation the very people proposing them: Federal ogy. with the U.S. Fish and Wildlife Service, for agencies like the U.S. Army Corps of Engi- Bush has never let science get in the way projects on land, and the National Marine neers or the Office of Surface Mining, whose of cronyism. On the critical issues of global Fisheries Service, for marine projects, has expertise lies elsewhere. warming, in particular, Bush’s cohorts have long been required for work on federal land, In May, White House Chief of Staff Joshua soft-pedaled, ignored or simply edited out paid for with federal funds or requiring fed- Bolten wrote a memo to federal agencies scientists’ conclusions. eral permits. outlining what he called a ‘‘principled ap- When the polar bear became the first spe- Proposed new rules, published last Mon- proach to regulation as we sprint to the fin- cies threatened by the effects of human- day, would eliminate all formal consulta- ish’’ of Mr. Bush’s final term. Except under caused climate change, Interior Secretary tion, instead allowing the federal agencies to ‘‘extraordinary circumstances,’’ any new Dirk Kempthorne took the unprecedented decide whether proposed projects pose a regulations had to be proposed—issued in step of declaring the bear threatened, but threat to species protected by the ESA. In- draft form by publication in the Federal Reg- also forbidding any requirements to reduce formal consultations would still be allowed ister—by June 1. greenhouse-gas emissions, the primary cause if the federal agencies overseeing the Apparently, new rules gutting an impor- of climate change, in order to protect the projects wanted advice or review by the wild- tant protection in the Endangered Species animal. life or fisheries service. Act qualify as an ‘‘extraordinary cir- Besides eliminating all basic scientific rec- A major shortcoming of this proposal is cumstance.’’ But Mr. Kempthorne said the ommendations, the rule change would extend that it aims to correct a problem that is new rules he proposed last week are very the polar bear ruling to all species, barring more perception than reality. limited in scope. federal agencies from even considering how Between 1987 and 1996, the U.S. Fish and His new rules will ‘‘provide clarity and cer- CO2 emissions and their contribution to glob- Wildlife Service reviewed approximately tainty’’ to the Endangered Species Act. In al warming impact species and habitat. 186,000 projects for possible impact on listed fact, the law’s purpose and process already These execrable rule changes threaten the species. In only 5046 cases—less than 3 per- are clear. The administration’s changes ESA, but they don’t have to make it extinct. cent—were the projects deemed to adversely would weaken it significantly. If the changes are approved by the agencies affect those species, requiring formal con- This is hardly the first time the adminis- before Bush leaves office, a new president sultation. Of these, 607 concluded that a list- tration, having failed to convince Congress and Congress should act immediately to reed species would be jeopardized, but most to change environmental laws it dislikes, has verse them. could go forward if modified. During this tried to recast the law by issuing new regula- time, only 100—0.0005 percent of the total re- tions. [From the Seattle Post-Intelligencer] viewed by the service—were blocked due to It took that route in 2005 to weaken parts ENDANGERED SPECIES: A 9-SECOND REWRITE endangered species concerns. of the Clean Air Act. With a chilling Orwell- It’s a time of maximum danger for the en- In Maine, between 1990 and 2005, the service ian flourish, the administration dubbed its vironment. The clock is winding down on the reviewed more than 1,100 projects. In only new plan the ‘‘Clear Skies Initiative.’’ In Bush administration, leaving little time to eight was a formal consultation warranted. 2006, federal courts struck down a similar ef- fulfill its long-cherished dreams of weak- In each of these cases, the service found that fort that would have given the Environ- ening endangered species protections. the work could be done without harming the mental Protection Agency authority to ap- Not known for worrying about manipu- species in question, most often bald eagles, prove pesticides without input from Fish and lating the rules, facts or common sense, the and the projects were allowed to proceed. Wildlife Service scientists. administration appears ready to go to absurd In another major overreach, the proposed The Endangered Species Act has helped lengths to rush through damaging changes. rules eliminate climate change as a consider- rescue the bald eagle, other animals and Consider how the Department of the Interior ation when reviewing projects and their po- plants from the brink of extinction over the is hurrying to cement into federal policy the tential to harm threatened and endangered past three decades. This latest assault is cer- administration’s highhanded disdain for sci- species. This follows last year’s Supreme tain to face the same legal challenges that entific advice, with a proposed rule that Court ruling that the Environmental Protec- derailed the pesticide regulations. It should would exclude greenhouse gases and the ad- tion Agency had the authority to regulate suffer the same fate, too. vice of federal biologists from decisions the emission of carbon dioxide and other Regulations written in haste by an admin- about whether dams, power plants and other greenhouse gases from cars. The agency had istration headed for the exits—no matter federal projects could harm endangered spe- argued that carbon dioxide was not a pollut- which administration makes them—make cies. According to an Associated Press re- ant so the federal government could not reg- lovely parting gifts for special interests. But port, agency officials will review—so to ulate it. they make for terrible government. Just as the EPA has refused to follow the speak—the 200,000 comments on the policy at a pace of one every nine seconds. court’s ruling, now the wildlife and fisheries [From the Salt Lake Tribune, Aug. 12, 2008] services are saying greenhouse gas emissions Somewhat similarly, the National Marine are beyond their reach. The proposed rule ba- ENDANGERED LAW: BUSH RULE CHANGE Fisheries Service is working on a rule to ex- sically says that because the consequences of IGNORES SCIENCE—AGAIN pedite all environmental reviews of fisheries global warming are difficult to quantify and It should come as no surprise. decisions. After scheduling only three public pinpoint, they shouldn’t be considered at all. The Bush administration has single- hearings around the country, the agency By this rationale, no agency in the U.S. is mindedly worked for years to undo this then cut short a July hearing in Seattle, the responsible for reducing America’s contribu- country’s landmark environmental conserva- only West Coast opportunity to comment. tion to a growing global problem. tion measures. So a rule change to emas- U.S. Rep. Jim McDermott last month re- These changes will likely go into effect un- culate the 35-year-old Endangered Species quested an extension of the comment period. less Congress stops them, or a court does Act probably was to be expected. After all, The National Resources Defense Council later. Congress must step in now. efforts by conservative members of Congress questions whether Interior’s policy will even have been thwarted for years by thoughtful meet legal requirements. It’s particularly [From St. Louis Today, Aug. 19, 2008] senators and representatives with more con- disappointing to see blatant politicization in Interior, where we have admired Secretary GUTTING THE LAW cern for the environment than for devel- Dirk Kempthorne and thought of him as Let’s face it, the Endangered Species Act opers, private contractors and the oil indus- someone who could serve well in a McCain can create quite a burden. If your goal is to try. As his presidency grinds to a close, Bush administration. build dams or open federal land to mining, Kempthorne’s aim apparently is to finish logging and oil drilling, all those threatened and his appointees are working overtime on roadblocks to prevent the United States work early enough so the devastation of en- animals and plants just get in the way. vironmental protections can’t be undone by Congress gets in the way, too, stubbornly from taking any steps to reduce the use of the next administration without a years long insisting that the Endangered Species Act be fossil fuels that might shrink Big Oil’s bot- formal review. There is an alternative that obeyed. In part, that means that independent tom line. The changes they’re proposing doesn’t require waiting for a new administra- experts have to review any project proposed would block regulation of the greenhouse-gas tion. If Congress returns to work for an eco- for federal lands for its impact on endan- emissions that are endangering plant and nomic fix, it also should put an immediate gered species. animal species by eliminating science as a So now comes the Bush administration consideration. stop to this nonsense. with a parting gift to its many friends in the Under the new rules, for example, the Bu- [From the Las Vegas Sun, Oct. 23, 2008] timber, development and extraction indus- reau of Reclamation could decide for itself tries: An end-run around Congress. whether a new dam posed a threat to fish, A COMPLETE SHAM In what Interior Secretary Dirk Kemp- and the Transportation Department alone The Bush administration is making a thorne described last week as a ‘‘narrow reg- could determine whether a major highway mockery of a long-standing practice in the

VerDate Nov 24 2008 01:49 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.025 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2812 CONGRESSIONAL RECORD — SENATE March 5, 2009 federal government—to set aside substantial biggest changes in endangered species law in rent range of the species. I agree that time for reviewing public comments about decades. it is better that greenhouse gas emis- major rule changes. The new rules would also forbid the federal sions should be controlled through a Since midsummer the Interior Department government from considering the greenhouse national economy-wide scheme rather has been rushing to implement a high pri- gas emissions of a project in determining the ority of President Bush’s regarding the En- effects on threatened species. That’s nothing than through the Endangered Species dangered Species Act. The White House is more than a backdoor attempt to cir- Act. However, the language isn’t man- seeking rule changes that would signifi- cumvent the administration’s own conclu- datory and I also understand that even cantly dilute the act’s effectiveness. sion that global warming is killing polar if the Secretary of the Interior rescinds The administration tried to get the rule bears. this rule, an interim final rule pro- changes through Congress in 2005, but failed. The Endangered Species Act isn’t the only tecting the polar bear would still be in Now it wants to make the changes adminis- environmental regulation the administra- effect and would also include the rea- tratively, which it claims it has the power to tion seems determined to leave in tatters. sonable limitations provided in section do once public comments have been received According to Pilot writer Catherine Kozak, and reviewed. the National Marine Fisheries Service has 4(d) of this rule. A 60-day comment period expired last proposed replacing environmental impact Finally, we are in a unique proce- week. Online responses and letters numbered analyses and shortening public comment pe- dural situation where the passage of at least 200,000 (not counting 100,000 form let- riods when developing or changing rules for any amendment will push us to a year- ters). fisheries management. The goal is to shut long continuing resolution instead of Normally, it would take months to review citizens out, or at least to mute their voices. appropriations. That outcome needs to that many comments. But the Associated ‘‘They’re throwing out 40 years of case Press reported that a team of 15 was ordered law,’’ said Sera Harold Drevenak, South At- be avoided. to have the reviews completed this week. lantic representative with the Marine Fish Mrs. BOXER. I suggest the absence of They were given 32 hours, from Tuesday Conservation Network. ‘‘I don’t see how it’s a quorum. through Friday. making anything any simpler. To start over The PRESIDING OFFICER. The An analysis by the House Natural Re- from scratch is ridiculous.’’ clerk will call the roll. sources Committee, led by Rep. Nick Rahall, Or sublime, depending on your perspective. D–W.Va., concluded that each member of the Nobody advocates unnecessary regulation The assistant legislative clerk pro- team would have to review seven comments that masks a political agenda. But the ad- ceeded to call the roll. each minute. Many of the comments are long ministration seems bent on doing away with Mr. COCHRAN. Mr. President, I ask and technical, including one submitted by a environmental regulation simply because it unanimous consent that the order for University of California law professor that doesn’t like the result, or the interpretation the quorum call be rescinded. numbers 70 pages. by regulators, Congress or the courts. The PRESIDING OFFICER. Without The rule changes would give federal agen- For eight years now, there have been plen- cies the power to decide for themselves ty of hints that the Bush administration had objection, it is so ordered. whether any project they were planning to no qualms about entrusting foxes with keys Mr. COCHRAN. I understood that build, fund or authorize, including highways, to the White House, as when the vice presi- under the order previously entered dams and mines, would harm endangered dent encouraged oil companies to craft the today, the Senate was to begin voting species. Since the Endangered Species Act nation’s energy policy, or when politicians at 5:30 on amendments to the pending was passed in 1973, such projects have under- were encouraged to use the Justice Depart- legislation. gone independent review by government sci- ment to settle scores. entists. The effect of the White House push on the The PRESIDING OFFICER. The Sen- The new rules would also prohibit federal environment is likely to be measured largely ator is correct. agencies from assessing whether emissions by the time opponents will waste fighting The question is on agreeing to the from a project would intensify global warm- them. Murkowski amendment No. 599. ing, thus harming endangered species or The resulting uncertainty will also para- Mr. COCHRAN. I ask for the yeas and their habitats. lyze precisely the projects the revisions were nays. Obviously, the administration is so hell- designed to speed, because whoever is elected bent on getting these developer-friendly next to guard the nation’s henhouse will al- The PRESIDING OFFICER. Is there a changes made that it is turning the com- most certainly change the rules yet again. sufficient second? ment review process into a total sham. If the Mr. LEVIN. Mr. President, Congress There appears to be. rules indeed get changed, the next president The clerk will call the roll. should immediately work to reverse them— has a right to override a regulation, this time after giving appropriate thought to and in fact Congress should use this au- The assistant legislative clerk called public comments. thority more often. Exercising the the roll. right of legislative review of regula- Mr. DURBIN. I announce that the [From the Virginian-Pilot, Aug. 18, 2008] tions is a key responsibility of Con- Senator from North Dakota (Mr. SHREDDER IS OVERHEATING IN BUSH’S FINAL gress. Should Congress deem a regula- CONRAD), the Senator from Massachu- MONTHS tion deficient, members should exercise setts (Mr. KENNEDY), and the Senator Generally speaking, it is a very bad idea to their legislative authority to change or from Louisiana (Ms. LANDRIEU) are enlist hungry foxes to guard the chickens, override that rule. The Omnibus appro- necessarily absent. since they rarely have the birds’ best inter- priations bill for fiscal year 2009 in- Mr. KYL. The following Senators are ests at heart. In the waning days of this cludes a provision in section 429 effec- necessarily absent: the Senator from White House, doing so is called ‘‘stream- tively doing that by giving the Sec- lining,’’ presumably because it gets food into Nebraska (Mr. JOHANNS) and the Sen- the foxes faster. retary of the Interior the authority to ator from Alabama (Mr. SESSIONS). The administration is hard at work in its withdraw or reissue two rules of the The PRESIDING OFFICER. Are there last months gutting decades of environ- Bush administration related to the En- any other Senators in the Chamber de- mental and wildlife regulation. That the dangered Species Act. siring to vote? moves defy both the legislative and judicial One rule, relating to Interagency Co- The result was announced—yeas 42, branches of the government is just a bonus. operation under the Endangered Spe- nays 52, as follows: According to the draft regulations, ob- cies Act, weakens the requirement that tained by the Associated Press, the White Federal agencies consult with either [Rollcall Vote No. 82 Leg.] House intends to allow federal agencies to YEAS—42 skip an independent review designed to de- the Fish and Wildlife Service or the termine whether a project threatens animals National Marine Fisheries Service, the Alexander Crapo Martinez agencies that have expertise in matters Barrasso DeMint McCain or wildlife. Instead, the agencies would do Begich Ensign McConnell the assessments themselves. related to endangered and threatened Bennett Enzi Murkowski The whole reason that agencies were re- species. Giving Federal agencies the Bond Graham Nelson (NE) quired to submit to such tests was because permission to bypass the consultation Brownback Grassley Risch they weren’t able to see beyond their own Bunning Gregg Roberts with these expert agencies harms the Burr Hatch Shelby narrow interests—in building a dam, in lo- purpose of the Endangered Species Act. cating a military base, in expanding a high- Chambliss Hutchison Snowe Coburn Inhofe Specter way—to the larger public interest in pro- The other rule includes a special provision that would prohibit the use of Cochran Isakson Thune tecting species. Collins Kyl Vitter The regulations, which don’t require con- the Endangered Species Act from ac- Corker Lincoln Voinovich gressional approval, would amount to the tivities that occur outside of the cur- Cornyn Lugar Wicker

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.029 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2813 NAYS—52 ask for it. We constantly remove out- Levin Nelson (FL) Stabenow Lieberman Pryor Tester Akaka Gillibrand Nelson (FL) dated, unnecessary language from Lincoln Reed Udall (CO) Baucus Hagan Pryor these bills to clean them up. McCaskill Reid Udall (NM) Bayh Harkin Reed Menendez Rockefeller Warner Bennet Inouye The United Nations has no power to Reid Merkley Sanders Webb Bingaman Johnson tax the United States or any person in Rockefeller Mikulski Schumer Whitehouse Boxer Kaufman Sanders the United States. It would be like say- Murray Shaheen Wyden Brown Kerry Schumer ing we want to pass a law that says Burris Klobuchar Shaheen NOT VOTING—5 Byrd Kohl that if the U.N. were to launch several Stabenow Conrad Kennedy Sessions Cantwell Lautenberg Tester divisions of soldiers against us, we will Johanns Landrieu Cardin Leahy Udall (CO) cut off their funding. They can’t do Carper Levin Udall (NM) that any more than they can impose a The amendment (No. 613) was re- Casey Lieberman jected. Dodd McCaskill Warner tax against us. They are not a taxing Dorgan Menendez Webb organization. Mr. DURBIN. Mr. President, I move Whitehouse Durbin Merkley So we deleted provisions like this to reconsider the vote. Feingold Mikulski Wyden Mrs. MURRAY. I move to lay that that serve no purpose, and which no Feinstein Murray motion on the table. senator requested. It has no practical NOT VOTING—5 The motion to lay on the table was effect. The Bush administration didn’t Conrad Kennedy Sessions agreed to. Johanns Landrieu want it. No Republican asked for it. No Democrat asked for it. Let’s focus on AMENDMENT NO. 635 The amendment (No. 599) was re- the real problems such as Darfur, the The PRESIDING OFFICER. There is jected. Middle East, and Afghanistan where we now 2 minutes of debate, equally di- Mr. COCHRAN. Mr. President, I move are asking United Nations peace- vided, prior to a vote on the motion to to reconsider the vote by which the keepers and aid workers to risk their waive the point of order relating to amendment was rejected. lives to support our goals. amendment No. 635, as modified, of- Mrs. BOXER. I move to lay that mo- I oppose this amendment. fered by Senator THUNE. tion on the table. The Senator from South Dakota is Mr. INHOFE. Mr. President, I think I The motion to lay on the table was recognized. have 30 seconds left. agreed to. Mr. THUNE. Mr. President, lest there The PRESIDING OFFICER. There is be any confusion, I filed this amend- AMENDMENT NO. 613 no time remaining. The PRESIDING OFFICER. There ment on Monday and made it pending The question is on agreeing to the on Tuesday, and I spoke to it then. It will now be 2 minutes of debate equally amendment. divided prior to a vote in relation to is simple. Last July, the Senate, in the Mr. INHOFE. Mr. President, I ask for debate on the PEPFAR bill, voice amendment No. 613, offered by the Sen- the yeas and nays. ator from Oklahoma, Mr. INHOFE. voted an amendment to that bill that The PRESIDING OFFICER. Is there a created a $2 billion, 5-year authoriza- The Senator from Oklahoma. sufficient second? Mr. INHOFE. Mr. President, since tion for an emergency fund for Indian There appears to be a sufficient sec- 1996, we have had a provision in law health and safety. All my amendment ond. that was put in and passed with a very does is fund it, $400 million. It wasn’t The clerk will call the roll. strong majority and signed into law by funded in the bill. I paid for it by tak- The bill clerk called the roll. President Clinton. It is a provision ing a one-tenth of 1 percent across-the- that states the United Nations is at- Mr. DURBIN. I announce that the board reduction in the entire bill to tempting to have a global funding, so Senator from North Dakota (Mr. put the $400 million into this fund, we would not have anything to do with CONRAD), the Senator from Massachu- which is necessary to fund this impor- what they do with this funding. If they setts (Mr. KENNEDY), and the Senator tant program for Indian health and consider this, it would allow them to from Louisiana (Ms. LANDRIEU) are safety. That means the increase in the do something contrary to the— necessarily absent. bill won’t be 8.3 percent, it will be 8.2 The PRESIDING OFFICER. The Sen- Mr. KYL. The following Senators are percent. Contrary to what was stated, ator will suspend. necessarily absent: the Senator from it increases Indian health care by $23 The Senate is not in order. Senators Nebraska (Mr. JOHANNS) and the Sen- million. It was stated that it would re- please take their conversations out of ator from Alabama (Mr. SESSIONS). duce the health care account by a little the Senate. The PRESIDING OFFICER (Mr. over a million dollars. Congress au- Mr. INHOFE. Mr. President, it might BEGICH). Are there any other Senators thorized it last summer. be easier to read the two sentences in in the Chamber desiring to vote? I hope my colleagues will vote to the law that were there before: The result was announced—yeas 43, waive the budget. nays 51, as follows: None of the funds appropriated or other- The PRESIDING OFFICER. The Sen- wise made available under any title of this [Rollcall Vote No. 83 Leg.] ator from California is recognized. Act may be made available to make any as- YEAS—43 Mrs. FEINSTEIN. Mr. President, I sessed contribution or voluntary payment of Alexander DeMint McCain oppose the Thune amendment and ask the United States to the United Nations if Barrasso Dorgan McConnell this body to vote against it. the United Nations implements or imposes Bayh Ensign Murkowski Last year’s Interior appropriations any taxation on any United States persons. Bennett Enzi Nelson (NE) bill provided $5.6 billion for Native Bond It has been there since 1996. It had Feingold Risch American programs. This year, the reg- Brownback Graham Roberts broad support. Nobody knows why it Bunning Grassley Shelby ular appropriations bill and the re- was taken out, but in this law that lan- Burr Gregg Snowe cently enacted Recovery Act will pro- Chambliss Hatch guage was taken out that has been Specter vide $6.9 billion for Indian health. That Coburn Hutchison Thune there for 13 years. So I encourage us to Cochran Inhofe is an increase of 23 percent over the Vitter support this amendment to put that Collins Isakson 2008 level. The Thune amendment Voinovich language back. Corker Kyl would increase the funding an addi- Cornyn Lugar Wicker The PRESIDING OFFICER. Who Crapo Martinez tional 6 percent, or $400 million, paid yields time? for by an across-the-board cut in every The Senator from Vermont. NAYS—51 account in this omnibus bill. That Mr. LEAHY. Mr. President, this is an Akaka Cantwell Harkin would cause the Interior bill to exceed Baucus Cardin Inouye unnecessary amendment. The Senator Begich Carper Johnson its allocation; consequently, a point of from Oklahoma asked an obvious ques- Bennet Casey Kaufman order would rest against the entire In- tion: Why is this language not in Bingaman Dodd Kerry terior bill and it would be dead. there? Nobody wanted it. No Repub- Boxer Durbin Klobuchar I urge a ‘‘no’’ vote. Brown Feinstein Kohl lican asked for it. No Democrat asked Burris Gillibrand Lautenberg Mr. THUNE. Mr. President, I ask for for it. The Bush administration didn’t Byrd Hagan Leahy the yeas and nays.

VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.016 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2814 CONGRESSIONAL RECORD — SENATE March 5, 2009 The PRESIDING OFFICER. Is there a moment to explain, all this amend- voted to allow American companies to sufficient second? There is a sufficient ment says is that none of the money help the regime in Tehran, as the Sen- second. that is spent in this bill can go to com- ator said, to produce oil, to produce The question is on agreeing to the panies that are helping Iran; that is to revenues they sent to Iraq to help motion. say, they are doing business with Iran those guys kill our troops. The clerk will call the roll. in the export or import business. So I ask, why now are these Members The legislative clerk called the roll. In the campaign, the President noted so interested in stopping companies Mr. DURBIN. I announce that the that the kind of sanction we need to from doing business with Iran? We Senator from North Dakota (Mr. impose is on the companies, for exam- know why. Raw political showmanship. CONRAD), the Senator from Massachu- ple, that are providing refined gasoline But we have to stop Iran’s serious nu- setts (Mr. KENNEDY), and the Senator to Iran. One of the first reports to the clear threat from continuing to try to from Louisiana (Ms. LANDRIEU) are President by nonproliferation expert, wipe Israel off the map and to attack necessarily absent. David Albright, said: the United States and other demo- Mr. KYL. The following Senators are At a first step, the Obama administration cratic nations. Our national security is necessarily absent: the Senator from should ask all of Iran’s gasoline suppliers to at stake, and we should have a serious Nebraska (Mr. JOHANNS) and the Sen- stop their sales to Iran, followed by an ini- debate on how to block Iran’s nuclear ator from Alabama (Mr. SESSIONS). tiative to seek agreement among supplier program. That is why we have to object The PRESIDING OFFICER. Are there nations not to provide Iran gasoline. to Senator KYL’s amendment. any other Senators in the Chamber de- The President has all of the authori- There is another problem with his siring to vote? ties he needs to engage in this. The one amendment. My legislation would have The yeas and nays resulted—yeas 26, thing that Congress can do that we closed the ‘‘business with terrorists’’ nays 68, as follows: have not done yet is with the power of loophole, and this amendment does [Rollcall Vote No. 84 Leg.] the purse; that is, to make sure none of not. I checked with the Congressional YEAS—26 the money in the omnibus bill would go Research Service. CRS says this Barrasso Ensign McCain to any of the companies that are doing amendment will not have any effect on Bennett Enzi McConnell business with Iran. Bond Graham present sanctions. It will have little or Murkowski One quick example of why it is nec- Brownback Grassley Risch no influence on the mad stream of Burr Hatch Roberts essary: Senator LIEBERMAN and I sent a threats and the ugly hatred that comes Chambliss Inhofe Shelby letter to the Eximbank. Eximbank gets from Iran. Coburn Isakson Thune money. That money can go to compa- If the Senator wants us to work to- Cornyn Johnson Wicker Crapo Kyl nies. Once they got the letter, those gether to get a decent approach to get NAYS—68 companies stopped sending refined gas at this problem, I would be happy to to Iran. I don’t know if that is because work with him on it in the days ahead. Akaka Feingold Murray Alexander Feinstein Nelson (FL) of our letter. That is the kind of stuff But this amendment before us does Baucus Gillibrand Nelson (NE) we need to stop with this amendment. nothing to stop their mad dash to build Bayh Gregg Pryor I hope my colleagues agree we do not a nuclear threat to humankind. I hope Begich Hagan Reed need to send this money to companies Bennet Harkin we can work together to come up with Reid that do business with Iran. a strong piece of legislation to end this Bingaman Hutchison Rockefeller Boxer Inouye Sanders The PRESIDING OFFICER. Who practice once and for all. Brown Kaufman Schumer yields time? The amendment simply is a gimmick Bunning Kerry Shaheen The Senator from New Jersey. Burris Klobuchar to attack the omnibus bill, and I urge Snowe Byrd Kohl Mr. LAUTENBERG. Mr. President, I my colleagues to vote no on this Cantwell Lautenberg Specter rise to express my strenuous objection Stabenow amendment. Cardin Leahy to the amendment that is being offered Mr. President, how much time do I Carper Levin Tester Casey Lieberman Udall (CO) by the Senator from Arizona. The have remaining? Cochran Lincoln Udall (NM) amendment has a purpose, no doubt, The PRESIDING OFFICER. The Sen- Collins Lugar Vitter but it is particularly and solely polit- ator has a little over a minute. Corker Martinez Voinovich ical. Mr. LAUTENBERG. I yield a minute DeMint McCaskill Warner Dodd Menendez Webb Let there be no doubt, we have to to my friend from Connecticut, Sen- Dorgan Merkley Whitehouse stop companies from doing business ator DODD. Durbin Mikulski Wyden with Iran. Iran’s nuclear technology Mr. DODD. Mr. President, very brief- NOT VOTING—5 program grows stronger every day, and ly—and I say this because I happen to Conrad Kennedy Sessions it represents a serious threat to our agree with, and I think most of our col- Johanns Landrieu country, to Israel, and to mankind. It leagues agree with, the intent of the The PRESIDING OFFICER. On this is known that Iran also funds terrorist Senator from Arizona—this has been a vote, the yeas are 26, the nays are 68. organizations, such as Hamas and matter before the Banking Committee. Three-fifths of the Senators duly cho- Hezbollah. That is why we have to deal In fact, in the last session of Congress, sen and sworn not having voted in the with this threat seriously whenever we by a vote of 19 to 2, the Banking Com- affirmative, the motion is rejected. can do so. mittee—with Senator SHELBY as rank- The point of order is sustained. The Over the last few years, I have of- ing member—approved Comprehensive amendment falls. fered three amendments to block Iran sanctions legislation, that went Mr. COCHRAN. I move to reconsider American companies from helping Iran far beyond the scope of the amendment the vote, and I move to lay that mo- to develop its nuclear technology and proposed by the Senator from Arizona. tion on the table. promote terrorist actions. But when But when the legislation was sent to The motion to lay on the table was the chips were down, my Republican the Senate floor, it was blocked by the agreed to. colleagues voted against three amend- Senate minority. I thank my col- AMENDMENT NO. 634 ments. leagues on the committee who sup- The PRESIDING OFFICER. There My amendment would have closed ported it. will now be 10 minutes of debate equal- the loophole in our laws that allows Right now, however, the administra- ly divided prior to a vote in relation to American-owned companies to use tion is conducting a policy review on amendment No. 634 offered by the Sen- sham offshore subsidiaries to do busi- Iran at the very time we are gathering ator from Arizona, Mr. KYL. ness with Iran. Three times I brought here to engage in this debate. I think The Senator from Arizona. amendments for a vote on the Senate before considering new legislation, it Mr. KYL. Mr. President, if my col- floor to shut down this loophole. But would be wise to have some hearings, leagues on the other side are willing, I each and every time, the Republican after the administration completes its am willing to cut this time in half. Members of the Senate voted against review and decide the appropriate My amendment is actually very sim- commonsense legislation. They voted course of action, in consultation with ple. If my colleagues would give me a to keep Iran open for business. They the appropriate federal agencies.

VerDate Nov 24 2008 02:03 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.064 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2815 Clearly, sanctions dealing with Iran’s which is none of the money shall be is, the administration right now is energy sector, as Senator KYL pointed spent or shall go to companies that are working with a bunch of moderate out, have great merit, as Congress has doing this kind of business with Iran, Arab countries, as well as some of our determined in years past. But I think the kind of business that is already allies in Europe, in order to put to- there is a time and a place for deciding subject to sanctions. That is already gether a sanctions regime that has major changes in our sanctions pol- the law. bite, if we need it. This, in fact, could icy—probably not this evening at 7 All we are saying is, nothing in this prevent some of those countries from o’clock, at the end of a long debate on bill can get money to those companies. feeling good about joining in that ef- this omnibus bill, when so much is at It is the kind of thing we had to do fort or ultimately joining in it. stake. Such changes should not be with the Eximbank because as they, in I would ask my colleague if he would added to this underlying bill. Speaker their letter back to us said, we do not be willing to come together with us. PELOSI has made clear she would pur- allow political considerations to deter- There isn’t anybody in this body who sue a year-long Continuing Resolution mine whether we make a loan to a doesn’t understand the seriousness of if this bill is changed in any way the country. That is why they were able to what Iran is doing. We had classified day before funds for the government make the loan to Iran and why we briefings on it yesterday. But we owe expire. If that happens, the amendment could do nothing to stop that. Once we the administration the opportunity to would essentially kill or potentially wrote the letter, however, and pointed decide what it believes is the proper re- delay critical funding, including an ad- out this was a violation of our sanc- gime for sanctions, and so I ask my ditional $5 million slated for the De- tions, then mysteriously, the effort of colleague if he would consider that it partment of the Treasury’s Terrorism the company ceased. might be better, rather than even hav- and Financial Intelligence unit to en- All we want to make sure is that ing a vote, to give us the opportunity force our sanctions against Iran. nothing in this bill, none of the money to do that, and we will work together I say respectfully, while there is no in this particular bill goes to those and see if we can’t come up with a sen- disagreement that something must be companies. So it is not a new sanctions sible, unified bipartisan approach to done to stop Iran’s efforts to promote regime or anything new that I think Iran. terrorism and proliferate weapons of has to be studied. The PRESIDING OFFICER. The Sen- mass destruction, we must do so in With all due respect, this is not for ator from Arizona. close coordination with the new Ad- political showmanship. Had this bill Mr. KYL. Given the fact that I think ministration, much as we worked with gone through a little different process, my remaining 2 minutes have expired, the Bush administration in fashioning we could have worked this out. But I ask unanimous consent for an addi- our sanctions bill last year. Let the under the circumstances, that wasn’t tional minute of time to respond to my Obama Administration’s Iran review be possible. As a result, I thought it was colleague’s question. completed. Once we have an oppor- important to make sure none of the The PRESIDING OFFICER. Without tunity to examine it, we may then con- money in this bill is spent on these objection, it is so ordered. sider a new approach to our Iran pol- companies. Mr. KYL. Mr. President, if I were icy. At that time, I look forward to Mr. KERRY. Does the Senator have proposing some new sanctions regime, working with my colleagues, on both time left? that would be an entirely appropriate The PRESIDING OFFICER. The Sen- sides of the aisle to address these crit- request, and of course I would accede ator has 2 minutes remaining. to it. I am not asking for any new sanc- ical matters. I therefore, urge my col- Mr. KERRY. Will the Senator yield tions or any new law. All this amend- leagues to vote against this amend- for a question? ment. Mr. KYL. I would be happy to yield. ment does is to say that the money in Ms. MIKULSKI. Mr. President, I sup- The PRESIDING OFFICER. The Sen- this appropriations bill doesn’t go to a port the aim and intent of the Kyl ator from Massachusetts. country that is doing these kinds of ex- amendment that prohibits any omni- The majority leader. ports or imports to Iran. That is all. bus funding being spent on new con- Mr. REID. Mr. President, I think We have the power of the purse, and tracts with companies that do business there is time here, if there is more surely we can restrict our own expendi- with Iran’s energy sector. Iran’s energy time needed for everybody on this ture of money to countries that are co- resources provide massive amounts of amendment. If there is more time operating with us in dealing with Iran, petro-dollars to this regime. needed, why don’t we extend the time rather than dealing with Iran. In 2008 alone, Iran made over $65 bil- for a little bit. I urge my colleagues to support this. lion in profits from exporting oil. Make Mr. KYL. I am happy to yield to my It is a very limited amendment. It is no mistake where these dollars are colleague from Massachusetts for a not a new policy. spent—these profits directly contribute question. The PRESIDING OFFICER. The to Iran’s ability to arm, train, and fund Mr. KERRY. I appreciate the Senator question is on agreeing to the amend- Hezbollah, Hamas, and other terrorist doing that. ment. groups that seek to do Israel, the I wish to point out a couple things to Mr. KERRY. I ask for the yeas and United States, and our allies harm. the audience. First of all, we have had nays. Although I support the intent of the 3 days of hearings in the Foreign Rela- The PRESIDING OFFICER. Is there a Kyl amendment, I oppose it today be- tions Committee on Iran. Today, GEN sufficient second? cause it is legislating in an appropria- Brent Scowcroft and Dr. Zbigniew There appears to be a sufficient sections bill and it would further delay Brzezinski made it clear this is the not ond. the delivery of $2.48 billion in urgently an advisable way to approach the cur- The majority leader. needed security assistance to Israel rent situation in Iran; that we need to Mr. REID. I ask unanimous consent which is contained in the bill. think carefully about the overall that the Republican leader and I be al- Tough, targeted, and enforceable record of the type of sanctions we de- lowed to offer a unanimous consent re- sanctions against Iran must be imple- velop or that will be interpreted, as a quest. mented. I look forward to working on a result, as taking an effort unilaterally The PRESIDING OFFICER. Without comprehensive Iran sanctions policy by the Senate outside the administra- objection, it is so ordered. with the Obama administration this tion’s review process and outside its Mr. REID. Mr. President, I ask unan- Congress. foreign policy. imous consent that upon disposition of The PRESIDING OFFICER. The time Moreover, the Foreign Assets Control the pending amendments, no further has expired. Office, which is responsible now for amendments be in order this evening; Mr. KYL. Mr. President, actually, I rooting out Iran’s program, actually that the vote on the motion to invoke am not proposing a new regime of sanc- loses money under this amendment and cloture occur at 8:15 p.m. tonight, and tions or anything that needs to be would, therefore, not be able to do the that the time until then be equally di- studied. My amendment simply goes to job it is doing today with respect to it. vided and controlled between the lead- this Omnibus appropriations bill and Thirdly, there is no definition here of ers or their designees; that if cloture is says what I think all of us intend, what a business presence is. The fact invoked, then all postcloture time be

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This does not apply to amendment. both the banking and credit union in- FDIC-insured banks. The clerk will call the roll. dustries. I think everyone agrees we do Mr. DODD. Mr. President, I seek clar- The assistant legislative clerk called not want to see this extended regu- ification from the Senator from North the roll. latory authority changed. I have been Dakota and the Chairman of the Ap- Mr. DURBIN. I announce that the working with our Banking Committee propriations Committee about the in- Senator from North Dakota (Mr. chairman, Senator DODD, and with Sen- tent and effect of section 626 of Divi- CONRAD), the Senator from Massachu- ator DORGAN and Senator INOUYE, to sion D of the bill. Will the Senators setts (Mr. KENNEDY), and the Senator see if we can address this. confirm that section 626 was designed from Louisiana (Ms. LANDRIEU) are It is my understanding we have an to enhance the FTC’s ability to impose necessarily absent. agreement and Senator DODD will dis- new standards only on those mortgage Mr. KYL. The following Senators are cuss that agreement and enter into a industry participants that are cur- necessarily absent: the Senator from colloquy for the RECORD that will es- rently subject to the FTC’s rulemaking Nebraska (Mr. JOHANNS) and the Sen- tablish that we do not want to change jurisdiction? ator from Alabama (Mr. SESSIONS). the regulatory authority and the juris- Mr. DORGAN. Yes, that is correct. The PRESIDING OFFICER. Are there dictional structures we now have for Section 626 is not intended to alter the any other Senators in the Chamber de- our Federal regulators over our deposi- allocation of responsibility for the Fed- siring to vote? tory institutions, and that we will, in a eral oversight of lenders under current The result was announced—yeas 41, very expedited manner in the next law. The FTC is currently authorized, nays 53, as follows: available option for a legislative vehi- under the Federal Trade Commission [Rollcall Vote No. 85 Leg.] cle, make statutory changes to correct Act, to issue regulations defining unfair and deceptive acts and practices by YEAS—41 that. In the meantime we will make it clear the intent of this legislation is mortgage industry participants that Alexander DeMint McCain are regulated at the Federal level by Barrasso Ensign McConnell not to have the FTC engage in rule- Bayh Enzi Nelson (FL) making that would seek to assert juris- the FTC, such as nonbank mortgage Bennett Feingold Nelson (NE) diction over any of the institutions brokers. Section 626 directs the FTC to Bond Graham Risch over which it does not now have au- initiate such a rulemaking within 90 Brownback Grassley Roberts days, using procedures widely used by Bunning Gregg thority. Shelby all agencies under the Administrative Burr Hatch Snowe The PRESIDING OFFICER. The Sen- Chambliss Hutchison Specter Procedure Act, instead of more pro- Coburn Inhofe ator from Connecticut is recognized. Thune tracted procedures specified for FTC Cochran Isakson Mr. DODD. Mr. President, I seek time Vitter Collins Kyl of my own time. My colleague is ex- unfair and deceptive practices rule- Voinovich Cornyn Lieberman actly right and I thank him immensely making under section 18 of the FTC Crapo Martinez Wicker for his involvement. We thank Senator Act. Section 626 is not intended to NAYS—53 INOUYE as well as others who were part apply to institutions including banks, Akaka Gillibrand Murkowski of this exchange, a colloquy which we thrifts and credit unions that are outside the FTC’s jurisdiction. Baucus Hagan Murray will submit for the RECORD, which ex- Begich Harkin Pryor Mr. INOUYE. I concur with Senator plains exactly what the Senator from Bennet Inouye Reed DORGAN. Bingaman Johnson Reid Idaho has described. He has it exactly Boxer Kaufman Mr. DODD. With respect to the provi- Rockefeller right. This is an expanded removal of sions granting the states authority to Brown Kerry Sanders jurisdiction from one area to another. Burris Klobuchar Schumer take enforcement action, is it your in- Byrd Kohl There are a lot of very serious ques- Shaheen tent the states limit their enforcement Cantwell Lautenberg Stabenow tions raised by it. Cardin Leahy actions under the new mortgage stand- Tester Our intent is at the earliest possible Carper Levin ards promulgated by the FTC, or under Udall (CO) time we will have legislation to correct Casey Lincoln TILA, only to those mortgage industry Udall (NM) Corker Lugar what is in this bill and change that. I participants that are not currently su- Dodd McCaskill Warner thank him for his cooperation on this. Webb pervised by the federal banking agen- Dorgan Menendez I thank Senator INOUYE and the staff Durbin Merkley Whitehouse cies or are not Federal credit unions? Feinstein Mikulski Wyden and other people who could have ob- Mr. DORGAN. Yes, the Senator from jected to this. Senator DORGAN and NOT VOTING—5 Connecticut is correct. Our intention others have had some strong views on was to permit state attorneys general Conrad Kennedy Sessions this and I am very grateful to him as Johanns Landrieu to bring civil actions only against well, understanding our concerns on mortgage industry participants that The amendment (No. 634) was re- this matter. We will have a chance to are not supervised by the Federal jected. come back to it. I again thank my col- banking agencies or are not Federal Mr. LAUTENBERG. I move to recon- league who helped us craft this col- credit unions. sider the vote and I move to lay that loquy which allowed us to move beyond Mr. INOUYE. Yes, I concur with Sen- motion on the table. this particular point. There may be ator DODD and Senator DORGAN. The motion to lay on the table was others who want to object to what we Mr. DODD. I ask the Senators to agreed to. want to do, but we feel strongly about work with me to add an amendment to AMENDMENT NO. 638, WITHDRAWN the language of the amendment that the next appropriate legislative vehicle The PRESIDING OFFICER. There Senator CRAPO has crafted here and we that clarifies the scope of this provi- will now be 2 minutes of debate equally will hopefully get to that quickly. sion to reflect the gentlemen’s intent divided, prior to a vote in relation to The PRESIDING OFFICER. The Sen- and that provides appropriate partici- amendment No. 638, offered by the Sen- ator from North Dakota is recognized. pation by state attorneys general in ator from Idaho, Mr. CRAPO. Mr. DORGAN. Mr. President, let me enforcement of federal mortgage stand- The Senator from Idaho is recog- thank my colleague from Idaho and my ards. nized. colleague from Connecticut. The Fed- Mr. DORGAN. I agree, and commit to Mr. CRAPO. Mr. President, this eral Trade Commission does not have work with the Senator from Con- amendment would strike section 626 jurisdiction over FDIC-insured banks. necticut to clarify this provision as ex- from the bill. This is a section that There was no intention in any legisla- peditiously as possible on the next ap- gives the Federal Trade Commission tion drafted here to give them that ju- propriate vehicle.

VerDate Nov 24 2008 03:00 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.066 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2817 Mr. INOUYE. I, too, will work with I—and our agreement that we would on and university health centers—for dec- the Senator to clarify this provision. an expeditious basis statutorily seek to ades. Mr. CRAPO. Mr. President, I appre- correct that and make that clear in the This provision simply restores the ciate the fact that there is consensus CONGRESSIONAL RECORD, I ask unani- original policy in place since the enact- that section 626 goes too far and that it mous consent that the amendment be ment of the Medicaid rebate program is not the intention of the chairman of withdrawn. in the Omnibus Reconciliation Act of the Banking Committee and the chair- The PRESIDING OFFICER. Without 1990. Then, as now, no administrative man of the Appropriations Committee objection, the amendment is with- action is necessary for manufacturers to provide the Federal Trade Commis- drawn. to commence offering deep discounts to sion authority in its rulemaking over RESTORING NOMINAL DRUG PRICES the entities described in this provision. mortgage loans overseen by the Fed- Ms. STABENOW. I would like to en- eral banking and credit union regu- gage in a colloquy with the chairman Ms. STABENOW. I thank the Sen- lators. However, if the intention is of the Committee on Finance, Senator ator. I hope that the manufacturers merely to expedite the FTC rule- MAX BAUCUS. Senator BAUCUS, I am will do this and that women will have making process over nonbanks then very pleased to see that the fiscal year access to affordable birth control and the language should be clear on that 2009 Omnibus appropriations bill cor- other critical health services. rects an unintended consequence of a account. Unfortunately, that is not the TRANSPORTATION FUNDING case. provision in the Deficit Reduction Act It is important to remember that of 2005, DRA. Section 6001(d) of the Mr. KOHL. Mr. President, I wish once this legislation is signed into law, DRA, which is Public Law 109–171, today to engage in a colloquy with my the FTC is directed to initiate rule- caused family planning clinics that do colleague, the Senator from Wash- making within 90 days. Rather than not receive Federal funding and univer- ington and the chairman of the Trans- agreeing to clarify this issue at a later sity-based clinics to sustain increases portation Appropriations Sub- point, it is my strong preference that in the price of oral contraceptives as committee. As the chairman is aware, the Senate would have deleted this sec- much as tenfold over the past 2 years. language was included in the explanation and agreed to working out com- This is because drug manufacturers tory statement accompanying the bill promise language at a later point. That stopped offering discounts to these before us to help address an issue that is what my amendment would have ac- clinics in response to changes to the has plagued the Milwaukee area for complished by striking the section. Medicaid drug rebate program made by several years. Per the colloquy of Senators DODD, the DRA. While discounts remained Due to a longstanding dispute be- INOUYE, and DORGAN, I will follow up perfectly legal, drug companies were tween city and county officials, unobli- with the FTC that it is the clear intent concerned about the impact of their gated transportation dollars have lost of the Senate that the provision does Medicaid rebate liability for the con- value with each passing year. In an ef- not expand the FTC’s regulatory juris- tinued offering of discounts to certain fort to spend down those funds on much diction and that the required FTC rule- family planning and college- or univer- needed transit projects, the report re- making will not attempt to include in- sity-based clinics. The price increases solves this dispute by dividing the sured depository institutions. I will have put a terrible strain on our coun- funding. I have spoken with Congress- also note that there is a bi-partisan try’s first line of defense against unin- man OBEY, the chairman of the House agreement that the Senate will shortly tended pregnancies. We have the high- Appropriations Committee, to confirm take up legislation to clarify the scope est unintended pregnancy rate of any the intent of the language included in of the legislation to that effect. Addi- advanced industrial country. the explanatory statement. I would ask tionally, in light of the focus by the With enactment of this critical legis- the Senator from Washington, is it Federal Reserve Board on mortgage lation, these clinics will once again your understanding that it is the ex- lending, the FTC should be required to have access to nominally priced drugs, pectation of both the House and Senate consult with the Federal Reserve Board should private sector manufacturers committees that 60 percent of the fund- in developing their rule. I would en- choose to provide these discounts. This ing in question should be made avail- courage my colleagues to send similar access should begin immediately upon able to the city of Milwaukee for a letters to the FTC. enactment, and manufacturers should If the initial FTC proposed rule at- feel confident that they can extend dis- downtown fixed-rail corridor while 40 tempts to go beyond this scope, it is counts to family planning clinics such percent of the funding should be made my understanding that there is agree- as Planned Parenthood and college and available to the county of Milwaukee ment that the Senate would imme- university clinics without it affecting for energy efficient buses? diately take up legislation and stop the rebates they must provide under Mrs. MURRAY. To the Senator from that from occurring. It would be a ter- Federal law to State Medicaid pro- Wisconsin I would say, yes, that is our rible mistake to add another patch- grams. expectation. work of conflicting authorities and in- Mr. BAUCUS. I thank the Senator. I Mr. KOHL. I thank the chairman of terpretations of Federal laws for in- share the Senator’s views on this mat- the Transportation Appropriations sured depository institutions as it re- ter. It has taken too long to correct Subcommittee for her help and for en- lates to home loans and other types of what all parties agree was an unin- gaging in this colloquy. consumer finance transactions. This tended outcome of the DRA. I had type of regulatory uncertainty and asked the previous administration to Mrs. MURRAY. Mr. President, as complexity will only further com- use the discretion provided in the DRA chairman of the Appropriations Sub- plicate the resurrection of our mort- to designate additional health pro- committee on Transportation, Housing gage market, harming consumers who viders as entities to whom the sale of and Urban Development, and Related are having a difficult enough time ob- nominally priced drugs is appropriate. Agencies, I rise to clarify an error that taining appropriate mortgage loans. The Bush administration chose not to we have found in the explanatory ma- I intend to closely monitor how the make these designations when it pro- terials accompanying H.R. 1105, the FTC proceeds and work with my col- mulgated final regulations on July 17, Omnibus Appropriations Act. Included leagues to craft a narrow legislative 2007, and so Congress is acting now to within the Transportation-Housing Di- clarification. If we cannot shortly correct this error. The Senate included vision of the bill is an appropriation of come to agreement on this front, then this provision in last year’s Iraq sup- $570,000 within the TCSP program for I will push for a vote to eliminate this plemental appropriations bill, but the transportation improvement in the An- authority in the next appropriate vehi- administration objected to its inclu- telope Valley in Lincoln, NE. The at- cle before the Senate. sion so it did not become law. tribution table that accompanies the With that clarification and expla- It is my understanding that, once explanatory statement to the bill inad- nation, the FTC rulemaking that will this provision is enacted into law, drug vertently omits the name of the Senate be able to proceed under this legisla- manufacturers will immediately be sponsor of that appropriation. Mr. tion will not seek to extend to the able to restore the nominal drug prices President, the Senate sponsor of the FDIC depository institutions and cred- they provided to these types of clin- project is my colleague, Senator BEN it union regulated institutions, then ics—family planning clinics and college NELSON.

VerDate Nov 24 2008 03:00 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.036 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2818 CONGRESSIONAL RECORD — SENATE March 5, 2009 Mrs. BOXER. Mr. President, the fis- amount of background to consider The Omnibus appropriations bill pro- cal year 2009 Omnibus appropriations making these changes and would en- vides $1 million in funding to establish bill would provide $5 million for design sure that we do not make a change the new Office of Government Informa- and real estate activities and pump that has unintended consequences. tion Services—OGIS—in the National supply elements for the Yazoo Basin, Again, I want to reiterate that I fully Archives and Records Administration. Yazoo Backwater Pumping Plant and support companies making royalty When Congress enacted the Leahy- for activities associated with the Theo- payments on time and if they don’t, I Cornyn OPEN Government Act of 2007, dore Roosevelt National Wildlife Ref- support them being punished. I do not, which made the first major reforms to uge. I want to clarify that nothing in however, support the process by which FOIA in more than a decade, a key the language is intended to: (1) over- the majority has stuck this legislative component of that bill was the creation ride or otherwise affect the final deter- provision in an appropriations bill. of the OGIS to mediate FOIA disputes, mination that was effective August 31, Rather than shooting from the hip, the review agency compliance with FOIA, 2008, and published in the Federal Reg- Senate should give it proper consider- and house a newly created FOIA om- ister on September 19, 2008, of the U.S. ation. budsman. Establishing this new FOIA Environmental Protection Agency Ms. MIKULSKI. Mr. President, as office within the National Archives is under section 404(c) of the Clean Water chairwoman of the Appropriations Sub- essential to reversing the troubling Act that prohibits the use of wetlands committee on Commerce, Justice, trend of lax FOIA compliance and ex- and other waters of the United States Science and Related Agencies, I rise cessive government secrecy during the in Issaquena County, MS, as a disposal today to clarify for the Senate the past 8 years. The OGIS will also play a site for the discharge of dredged or fill sponsorship of three congressionally critical role in meeting the goals of material for the construction of the designated projects, recipient name of President Obama’s new directive on proposed Yazoo Backwater Area Pumps one congressionally directed project, FOIA. I thank Senators CORNYN, Project, (2) create or imply any excep- and locations of three congressionally tion with respect to the project to the designated projects included in the INOUYE and COCHRAN for their support requirements of the Clean Water Act, Joint Explanatory Statement to ac- of funding for this critical new office. I including any exceptions from the pro- company H.R. 1105, the fiscal year 2009 also thank the many FOIA and open hibitions and regulatory requirements Omnibus Appropriations Act. Specifi- government groups, including of the Clean Water Act under section cally: OpenTheGovernment.org, the Sunshine 404(r); or (3) affect the application of Senator BILL NELSON should be listed in Government Initiative and the Na- any other environmental laws with re- as having requested funding for the tional Security Archive, who have ad- spect to the project. Rape, Abuse and Incest National Net- vocated tirelessly for a fully oper- As chairman of the committee with work, RAINN, Washington, DC, for na- ational OGIS. jurisdiction over the Clean Water Act tional anti-sexual assault programs The bill also includes much-needed and authorizations for the civil works funded through the Department of Jus- funding to reconstitute the Privacy program of the Corps of Engineers, I tice; and Civil Liberties Oversight Board. believe it is critical that our environ- Senator BEN NELSON should not be When Congress enacted the Intel- mental laws be adhered to in the plan- listed as having requested funding for ligence Reform and Terrorism Preven- ning, construction, and operation and the Rape, Abuse and Incest National tion Act in 2004, it implemented a 9/11 maintenance of all Corps of Engineers’ Network, RAINN, Washington, DC, for Commission recommendation to estab- projects. national anti-sexual assault programs lish an independent board to help pro- Mr. ENZI. Mr. President, I wish brief- funded through the Department of Jus- tect Americans’ privacy and civil lib- ly to discuss an amendment that I filed tice; erties. Since then, I have worked hard related to the royalty collection of Senators BEN NELSON and CRAPO to make sure that the Privacy and coal and other leasable minerals. I should not be listed as having re- Civil Liberties Oversight Board has the want to be clear that I am in favor of quested funding for the National Police resources and personnel to fulfill this having coal companies and other min- Athletic League, Jupiter, FL, for Na- important mission. ing companies pay the royalties they tional Police Athletic League Pro- are required to pay. I believe that they grams funded through the Department During the last Congress, I worked should pay them on time and I believe of Justice; with Senators LIEBERMAN and DURBIN that they should face the consequences ‘‘Union Springs YMCA’’ should be to further strengthen this Board in the if they do not pay them on time. listed as ‘‘Union Springs Recreation 9/11 reform bill. Unfortunately, the last The provision in the omnibus bill is Program’’, Union Springs, AL, for administration left the Privacy and arbitrary. It attempts to apply the pen- youth mentoring and juvenile justice Civil Liberties Oversight Board with no alty sections of the Federal Oil and Gas programs funded through the Depart- members or staff. The Board is too im- Royalty Management Act to coal ment of Justice; portant for us to let it fall by the way- leases. The provision comes out of no- Location of the Citizenship Trust at side. The funding in the omnibus bill where and, to my knowledge, has not American Village should be listed as will help to reconstitute the Board so been studied by the Senate Energy Montevallo, AL, for youth mentoring it can get back to work. Now that this Committee nor the House Natural Re- and juvenile justice programs funded initial funding is in place, I hope the sources Committee. This is a policy through the Department of Justice; President will promptly name qualified change, not a funding matter, and Location of the Scottsboro Police De- nominees so that the Board can carry therefore, it should be considered in partment should be listed as Florence, out its important work. the normal legislative process—not AL, for the Scottsboro Police Depart- Both of these provisions will help to slipped into an omnibus appropriations ment funded through the Department make our government more open and bill. of Justice; and accountable to the American people. I have put forth this amendment to Location of the Alabama 4–H Foun- That is something that Democrats, Re- take a more considerate approach. My dation should be listed as Columbiana, publicans and Independents alike can— amendment would strike this provision AL, for juvenile justice prevention pro- and should—celebrate. Again, I com- and replace it with a study by the Min- grams funded through the Department mend the bill’s lead sponsors and the erals Management Service, MMS, the of Justice. Government’s royalty collection agen- Mr. LEAHY. Mr. President, as a long- President for their demonstrated com- cy. The MMS would examine the cur- time advocate of greater transparency mitment to open and transparent gov- rent royalty system and provide a rein our government, I am pleased that ernment. port back to Congress within 180 days the Omnibus appropriations bill in- Ms. SNOWE. Mr. President, today I that includes any recommendations cludes several key provisions to filed an amendment that would help with ways that royalty collection proc- strengthen the Freedom of Information millions of small businesses that re- ess can be improved. Doing so would Act—FOIA—and to protect Americans’ ceive valuable technical assistance and then give the Senate the appropriate privacy and civil liberties. support through the Small Business

VerDate Nov 24 2008 02:03 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.011 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2819 Administration’s, SBA’s, technical as- sulting fee of $150. My amendment of order against unauthorized ear- sistance and business development pro- would direct that an additional $2 mil- marks, and on another proposal to programs. The challenges facing Amer- lion be directed to the SCORE program vide the President with authority simi- ica’s small businesses are real. In to- for a total of $7 million. lar to a line item veto to cancel ear- day’s economic climate, small busi- Additionally, my amendment would mark spending. We certainly need to nesses are fighting for survival. A De- direct an additional $1.1 million to enact something like those reforms be- cember 2008 CNN survey found that 49 SBA’s Veterans Business Outreach cause we cannot afford to continue this percent of small business owners ex- Centers, a modest increase to account abusive process. After all the talk of pressed serious concerns about going for additional responsibilities taken on reform last year, and after the prom- out of business. from the Vets Corps Centers, which no ising beginning made by keeping the To that end, I humbly request my longer receive Federal funding. An ad- stimulus legislation free of earmarks, colleagues on both sides of the aisle to ditional $3.35 million would be directed we have quickly slid back to business support the measure I am offering to to the WBC program, one of SBA’s as usual. We are considering a bill that provide essential resources to the most diverse, far-reaching entrepre- has nearly $8 billion in earmarks. And Small Business Administration’s cru- neurial development efforts. In 2007, that is just one bill. We haven’t even cial technical assistance and business WBCs trained and counseled 148,123 cli- begun the appropriations process for development programs. This effort will ents who reported 8,751 new jobs and fiscal year 2010. help ensure that small businesses—our 3,304 new businesses. The President deserves great credit Nation’s true job generators—will not My amendment also would direct ad- for keeping the stimulus bill free of be shortchanged at a time when the ditional funds to two programs, which earmarks. He should build on that economy is struggling to grow and cre- I consider to be important business de- achievement by insisting this omnibus ate jobs. velopment programs, the SBA’s Inter- appropriations bill be stripped of the My amendment would direct that a national Trade programs and the earmarks currently in it. If that means small fraction, $16.8 million of the ex- HUBZone Program. With exports being vetoing the bill and sending it back to isting funding provided in the omnibus one of the few bright spots in our econ- Congress for further work, then that is appropriations bill for the SBA, be used omy last year, exporting by small exactly what he should do. to increase funding levels for vital SBA firms has considerable room for I strongly prefer that Congress ad- programs, including Veterans Business growth. The amendment would direct dress this issue and clean up its own Outreach Centers, VBOCs, Small Busi- that $8 million in SBA funds be used earmark mess. But right now there is ness Development Centers, SBDCs, for these export assistance programs, little indication that Congress act Women Business Centers, WBCs, an increase of $2 million over the cur- without some tough leadership from SCORE, the Historically Underutilized rent omnibus level. For the HUBZone the President. Business Zone, HUBZone, program, and program, which provides contracting Mr. President, I was pleased to sup- the Agency’s international trade pro- preferences to small firms in economi- port amendments offered by the Sen- grams. These programs are some of the cally disadvantaged areas, the amend- ator from Oklahoma, Mr. COBURN, that most successful job creators within the ment provides an additional $1.85 mil- sought to eliminate some of the ear- Federal Government, but they were lion for urban and rural development marks in the bill. I did not, however, woefully underfunded under the pre- under this program. support other efforts to cut overall vious administration. Now is the time To reiterate, under my amendment, funding levels in the bill. While I be- to reverse that trend, by ensuring that the increased funding for these pro- lieve that Congress needs to be extra SBA devotes sufficient resources to grams comes from amounts already vigilant in ensuring that taxpayer dol- support small business technical assist- provided in the omnibus appropriations lars are well-spent, those efforts failed ance and business development. bill for the SBA. No additional funding to specify where the funding would be The SBA’s programs are proven job is required; it simply directs the SBA cut. We should be making those tough creators—just look at the statistics! In to allocate adequate resources to these decisions ourselves, and ensuring that 2006, clients of the SBDC program gen- programs. For more than 50 years, the any cuts are targeted and appropriate. erated a total of approximately $7.2 bil- SBA has been a vital resource to small Mr. REID. Mr. President, I know ev- lion in sales and 73,377 new full time businesses, helping millions of Ameri- eryone is anxiously awaiting the 8:15 jobs as a result of the assistance re- cans start, grow, and expand their busi- time to arrive. I have had a number of ceived. The average cost of generating nesses. I respectfully ask my col- conversations with Senator MCCON- each job was a paltry $2,658. Moreover, leagues to support this amendment to NELL, Senator KYL, and Senators on based on SBDC client assessments, an provide the SBA’s technical assistance my side of the aisle. It appears at this additional $8.8 billion in sales and and business development programs time that we are going to have to con- 93,449 jobs were saved due to SBDC with the resources to expand their tinue to work on this bill. I have had counseling in that same year. My proven success and economic value dur- calls from a number of my friends on amendment would direct that $6.5 mil- ing this economic crisis. the other side of the aisle, including lion in SBA funding be used to fund Mr. FEINGOLD. Mr. President, I will conversations with my colleague from SBDC veterans and energy grants, in vote against this Omnibus appropria- Nevada, and there are a number of addition to the $110 million for core tions bill, which contains thousands amendments they feel strongly about, funding provided in the bill to support and thousands of unjustified, that they want the opportunity to SBDCs nationwide. unexamined earmarked spending provi- offer. I wish that were not the case. We Furthermore, the SCORE program sions, and which is being rushed have had a significant number of has proven time and again to be one of through the Senate. By one estimate, amendments. But ‘‘enough’’ is in the the most cost-effective programs with- the total cost of those items is nearly eye of the beholder. As a result of that, in the Federal Government. In fiscal $8 billion. Even under ordinary cir- we would probably be a vote short of year 2008 SCORE received $4.95 million cumstances it would be hard to defend being able to invoke cloture on this from the Federal Government and pro- those earmarks but there is certainly bill. My being a vote counter for a long vided 357,637 clients with free technical no defense for them at a time when the time, discretion is the better part of assistance. Entrepreneurs assisted by Nation is contending with this deep re- valor. SCORE created 25,000 new jobs in 2006, cession and millions of families are I have not only heard from my friend and one in seven new clients created a struggling to make ends meet. from Nevada but other Senators. They job. SCORE also provides American The hundreds of pages of tables in have certain amendments they want to taxpayers with a great buy, as it is op- the report accompanying the bill, each offer, and others have no amendments erated by volunteers—all of which are listing multiple earmarks, is probably to offer but they want to be part of the retired business experts. In fact, in fis- the best rationale I have seen for ear- team on the other side of the aisle, and cal year 2008 these volunteers donated mark reform. I have been pleased to if some of their colleagues want cer- 1.3 million hours valued at $195 million work with a number of my colleagues tain things done, they are going to go when using a standard hourly con- on a proposal to establish a new point along with that. I don’t criticize that.

VerDate Nov 24 2008 02:03 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.034 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2820 CONGRESSIONAL RECORD — SENATE March 5, 2009 I am not happy about it, but that is the to call up, that I have been trying to ator from Arizona is going to act in way things work. get a vote on all week, which here- good faith to cut the number down to I have worked with Senators KYL and tofore has been blocked, if I can have as small a number as he can, but we MCCONNELL, and by 11 o’clock tomor- absolute assurance that will be on the can still come back with another clo- row we will have a finite list of amend- list of amendments offered and voted ture vote if there is a lot of unneces- ments, hopefully 10. There could be as on. sary amendments in that number, if many as 12. I doubt if we will need Mr. REID. Mr. President, I think he you can’t get people to work reason- votes on all those. Senator KYL, who is should direct that to his assistant lead- ably with you. the mechanic working through this er, Senator KYL. So I ask unanimous consent to viti- process, is going to try to squeeze that Is his amendment going to be on the ate the cloture vote, and that a subse- down as much as he can. list? quent cloture vote occur—— With that brief statement, it would The PRESIDING OFFICER. The Sen- Mr. VITTER. Mr. President, reserv- be wasted time to have a cloture vote ator from Arizona. ing the right to object. tonight. We are not going to have a Mr. KYL. Mr. President, it seems to The PRESIDING OFFICER. The Sen- cloture vote tonight. We would just go me if the Senator from Louisiana has ator from Louisiana. back into a quorum and spend the rest indicated he will object to the unani- Mr. VITTER. I didn’t mean to cut off of the night looking at each other. mous consent unless his amendment— the majority leader, if he wants to fin- We have had pleasant conversations No. 621, I gather? ish. I just wanted to reiterate—having with each other. No one is trying to Mr. VITTER. Yes. spent the week trying to get this one game the system. I wish we could fin- Mr. KYL. Is on the list, that is a amendment up—that my top priority is ish this bill. The House is going to send question, then, for the leader to ad- my amendment will be recognized, and us a CR that will take us to midnight dress. I get a vote on that. And having heard Tuesday, as I understand it. I wanted to indicate that we have a speeches on the floor that the floor was If we get that finite list of amend- number of Members who have amend- open to amendments, yet having been ments, the Senate certainly could be ments they want to offer, and we are blocked consistently in my attempts to open tomorrow for people to offer going to work hard to make sure all get this amendment up, I have not yet amendments. We could have votes on our Members who want to offer amend- heard any guarantee that will happen. some of these Monday night when we ments can do so. At the same time, we So given that, I regretfully will ob- come back. I could schedule votes on are going to do our best to ensure that ject to the unanimous consent request. Monday, but that would really make is not an unreasonable list of amend- Mr. REID. We are familiar with his for an unhappy group of people. So I ments. Obviously, Members who insist amendment. Basically, as I understand think we would be better off starting on having an amendment as a condi- the amendment, Members would never the votes at 5 or 5:30 Monday night if, tion to the unanimous consent request get a COLA again. So we are willing to in fact, people lay these amendments can make that point clear. debate that. That basically is what it down. Mr. REID. Mr. President, I think it is is; is that right? Mr. MCCONNELL. Will the majority clear from my friend—the conversa- Mr. VITTER. That is not correct. If I leader yield for an observation. tions, plural, that we have had—that could advise the Chair, the amendment Mr. REID. Of course. the list we are talking about is a list of would be to require votes for any fu- Mr. MCCONNELL. Let me underscore 10 or 12 amendments; is that right? ture pay raises or COLAs. It would re- what the majority leader has indicated. Mr. KYL. Mr. President, I would say quire Member votes to not have that be The votes would not have been there to the leader that I think that is cor- on autopilot and to happen automati- tonight. We would be more than happy rect. That is going to require a lot of cally, particularly given the state of to have the vote, but since the major- effort on this side to reduce the num- the economy and the income losses and ity leader and I concur that 60 votes ber of amendments that are pending, as the job losses that are being suffered are not there tonight, I think the way the leader is well aware. around the country. forward as he outlines is going to be Mr. REID. You think you are going Mr. REID. Mr. President, I suggest widely acceptable on our side because to have to work hard, think how hard the absence of a quorum. we want amendments. There are addi- I am going to have to work to defeat The PRESIDING OFFICER. The tional amendments, probably, as he in- those amendments. I have more work clerk will call the roll. dicated, 10 or 12, which, as he indicates, than you have. The legislative clerk proceeded to I think would make sense to vote on on Mr. KYL. In response to my friend, call the roll. Monday. the leader, he has worked very hard, Mr. REID. Mr. President, I ask unan- I want to say to my Republican col- and he has been very successful. But I imous consent that the order for the leagues, we appreciate their accommo- do, in all seriousness, want to note that quorum call be rescinded. dation, their requests of others of our in order to try to limit the number of The PRESIDING OFFICER. Without Members to have a reasonable number amendments—because there is a list of objection, it is so ordered. of amendments on a bill of this mag- 36—it is going to require a lot of work Mr. REID. Mr. President, I say to my nitude. This is a huge appropriations on our side. We are going to, in good friend from Louisiana, we will make bill. At the end of the day, we will not faith, do the best we can, but I just sure that Senator MCCONNELL has a have had an unusual number of amend- want to reiterate as far as I am con- vote in relation to the amendment. ments voted on on a bill of this mag- cerned the Senator from Louisiana will Mr. VITTER. With that assurance, nitude. have to be on the list because other- Mr. President, I lift my objection. Mr. REID. Mr. President, I say in re- wise he will object to the vitiation of Mr. REID. I renew my unanimous sponse to my friend, at quarter to 8 to- the cloture vote. As far as I am con- consent request to vitiate the pending night, we had 591⁄2 votes. If we can have cerned, his amendment is on the list, cloture vote; that we not have the vote consent, I could round that off—I don’t but at some point the majority leader tonight. think I could get that. will have to agree to the list that we The PRESIDING OFFICER. Is there I ask unanimous consent to vitiate offer. objection? the cloture vote now pending. Mr. REID. Mr. President, I think it is Hearing no objection, it is so ordered. Mr. VITTER. Reserving the right to fair that we have a finite list. We are Mr. REID. Mr. President, for the ben- object. now up to 35 amendments? efit of all Members, we apologize for The PRESIDING OFFICER. The Sen- Mr. KYL. Mr. President, as I told the having Senators from all sides leave. I ator from Louisiana. leader, we had a list of 36 amendments hope those Senators who are working Mr. VITTER. Mr. President, if I could filed. I told the majority leader that I with Senator KYL and want to offer simply inquire of the majority leader thought we could get that list down to these amendments will do so tomorrow through the Chair, I would be happy to 10 or 12, and that is still my intention. or, if not, on Monday. We want to have offer consent if I had assurance that Mr. REID. What I think would be some of these votes Monday night. We my amendment that I have been trying fair, Mr. President—I know the Sen- can have a series of votes Monday

VerDate Nov 24 2008 02:03 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.072 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2821 night and work toward completing this seeking for the Department of Vet- We must ensure that our veterans re- stuff. erans Affairs, led by its Secretary, ceive superior accessible care in return So I think that is about all I have to GEN Eric Shinseki. for their service and sacrifice, and we say, except that I appreciate every- In the proposed 2010 budget, the De- have an obligation to honor our vet- one’s cooperation. partment of Veterans Affairs will see a erans by serving them in the same way Mr. President, I suggest the absence $25 billion increase over the next 5 they have served us so selflessly. of a quorum. years. This additional funding will be The administration’s 2010 budget for The PRESIDING OFFICER. The directed toward a major expansion of the Department of Veterans Affairs clerk will call the roll. benefits for those who serve our Nation recognizes this. And in addition to ex- The legislative clerk proceeded to in uniform. panding health benefits and high qual- call the roll. The 2010 budget will directly assist ity of care, the budget provides for Mr. ENSIGN. Mr. President, I ask veterans by expanding access to high- comprehensive educational benefits, unanimous consent that the order for quality care for approximately 51⁄2 mil- particularly the post-9/11 GI bill so the quorum call be rescinded. lion veteran patients and ensuring that that following their service, veterans The PRESIDING OFFICER. Without care is delivered in a timely manner. can have access to unprecedented lev- objection, it is so ordered. More remarkable, this funding estab- els of educational support to complete lishes VA Centers of Excellence to pro- their schooling. AMENDMENT NO. 615 vide veteran-oriented care in special- In the same week, I visited the Naval Mr. ENSIGN. Mr. President, I ask ized areas, such as prosthetics, vision, Station Great Lakes and the North unanimous consent that the pending spinal cord injury, aging, and women’s Chicago VA Medical Center. During my amendment be set aside and that I be health. visit to these sites, I learned about allowed to call up amendment No. 615. The President’s budget also reaches plans for the Naval Health Clinic Great The PRESIDING OFFICER. Without out to veterans with moderate in- Lakes, the North Chicago VA Medical objection, it is so ordered. comes, bringing an additional half mil- Center to merge and expand over the The clerk will report the amendment. lion veterans into the VA system by next couple of years. This merger will The legislative clerk read as follows: 2013, while maintaining or expanding be extensive and costly, but also essen- The Senator from Nevada [Mr. ENSIGN], for existing care for low-income and dis- tial for sailors and veterans of Illinois, himself, Mr. VOINOVICH, Mr. KYL, Mr. abled veterans. many of whom spend much of their DEMINT, Mr. BROWNBACK, and Mr. CORNYN, At the same time, the new budget en- lives at these facilities. proposes an amendment numbered 615. hances services related to mental At the North Chicago VA Medical Mr. ENSIGN. Mr. President, I ask health care and broadens access and Center, I met with veterans of all ages unanimous consent that further read- treatment areas throughout rural and backgrounds. I heard their stories, ing of the amendment be dispensed America. America’s veterans have their hopes, and their needs. At the Re- with. earned through their service the very cruiting Training Command, I met The PRESIDING OFFICER. Without best care we can offer, and the 2010 VA with both naval officers and naval re- objection, it is so ordered. budget is a promising start. cruits and was given a tour of the bar- The amendment is as follows: During a recent tour through Illinois, racks by LT Ellen McElligott. (Purpose: To strike the restrictions on the I had the remarkable opportunity to I was particularly impressed with District of Columbia Opportunity Scholar- visit with both veterans of past service, Lieutenant McElligott, a Chicago na- ship Program) as well as meeting the young recruits tive, who serves as the ship’s officer for On page 308, line 2, strike beginning with ‘‘: training to wear the American uniform the USS Arizona. Her professionalism, Provided’’ through line 8 and insert a period. in the years ahead. discipline, and enthusiasm for her work Mr. ENSIGN. Mr. President, I suggest During that trip, I visited the 1082nd are qualities she shares with countless the absence of a quorum. Airlift Wing of the Illinois Air National young service men and women across The PRESIDING OFFICER. The Guard located in Peoria, IL, and spoke this great country of ours. clerk will call the roll. with many fine airmen from this wing, While touring the facility with Lieu- The legislative clerk proceeded to including MSG Warren McCray. Master tenant McElligott, I saw the faces of call the roll. Sergeant McCray is an air guardsman hundreds of young sailors training so Mr. MERKLEY. Mr. President, I ask who trained as a joint terminal attack that they may one day serve this coun- unanimous consent that the order for controller. He deploys with Army try. the quorum call be rescinded. troops on the ground ensuring that air- It is so very important that LT Ellen The PRESIDING OFFICER. Without power can be employed against enemy McElligott and the young men and objection, it is so ordered. positions when needed. women like her receive adequate care This courageous young man has re- The Chair clarifies that the cloture and compensation while on Active cently returned from a tour of duty in motion on H.R. 1105 has been with- Duty, Guard, or Reserve, and, most im- Afghanistan and was awarded a Bronze drawn. portantly, that they receive the care Star with Valor. While speaking with and resources they deserve when they f Master Sergeant McCray, he told me of return from serving their country. MORNING BUSINESS the multiple tours he had served as an As a nation, we have a moral obliga- air guardsman mobilized in support of tion to serve and care for those brave Mr. MERKLEY. Mr. President, I ask Operation Enduring Freedom in Af- individuals as they work so hard to unanimous consent that the Senate ghanistan. I was deeply impressed by serve us. proceed to a period of morning business his professionalism and dedicated serv- f with Senators permitted to speak for ice to this country. Even more so by up to 10 minutes each. his dedication to his fellow service men HONORING OUR ARMED FORCES The PRESIDING OFFICER. Without and women of the 1082nd Airlift Wing. SERGEANT DANIEL TALLOUZI objection, it is so ordered. As we consider our mission abroad Mr. UDALL of New Mexico. Mr. f and weigh the cost in terms of troops President, today I rise to honor two and treasure, it is our duty to also con- American heroes. The first is Army PRESIDENT OBAMA’S 2010 BUDGET sider the capacity at which these SGT Daniel Tallouzi. Sergeant Tallouzi Mr. BURRIS. Madam President, as young men and women are serving us. was the kind of soldier who hated get- we contemplate this 2009 Omnibus Ap- It doesn’t matter whether they are a ting injured—not because of the pain, propriations Act before us this week, I soldier, sailor, airman, marine or Coast but because it stopped him from doing wish to look ahead to President Guard, or whether they are Active his job. A fellow soldier describes meet- Obama’s proposed 2010 budget. Duty, Guard, or Reserve. We must ing Dan when Dan was recovering from As a proud member of the Veterans’ never forget the personal toll and sac- an injury at Fort Hood. The soldier re- Affairs Committee, I am particularly rifice of these brave Americans and the calls: pleased by the significant increase in effects made on their lives, their fu- Another person might have been seriously funding that the administration is ture, their spouses, and their children. injured, but Big Dan Tallouzi shook it off,

VerDate Nov 24 2008 02:03 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.073 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2822 CONGRESSIONAL RECORD — SENATE March 5, 2009 refused any pain meds, and only wanted to SUBCOMMITTEES speaking in one voice about the need get back to his crew and back to the job that Senator INOUYE, as chairman of the Com- for dramatic action to stop global he loved. mittee, and Senator COCHRAN, as ranking mi- warming, an article in the Jakarta On September 25, 2006, Dan Tallouzi nority member of the Committee, are ex offi- Post on February 13 reminds us that had just gotten off duty at Camp Taji cio members of all subcommittees of which many difficult obstacles lie ahead. in Baghdad when a mortar exploded they are not regular members. It is well known that Indonesia’s for- nearby. A single piece of shrapnel— AGRICULTURE, RURAL DEVELOPMENT, FOOD ests, and particularly its peat swamps, AND DRUG ADMINISTRATION, AND RELATED roughly the size of a quarter—reached store huge amounts of carbon. When AGENCIES the spot where he stood. It hit him be- the trees from these areas are cut and Senators Kohl, Harkin, Dorgan, Feinstein, hind his right ear and entered his burned, which is happening due to ille- brain. Durbin, Johnson, Nelson, Reed, Pryor, Brownback, Bennett, Cochran, Specter, gal logging and to make way for the Big Dan Tallouzi would never be the cultivation of oil palm, they emit even same. He returned to the United States Bond, McConnell, Collins. (9–7) larger amounts of carbon into the at- in an ‘‘eyes open’’ coma, unable to COMMERCE, JUSTICE, SCIENCE, AND RELATED mosphere. speak, walk, or even eat on his own. AGENCIES These forests are also home to one of Last week, he died in Albuquerque, Senators Mikulski, Inouye, Leahy, Kohl, the world’s four species of endangered NM, the town where he was raised. Dorgan, Feinstein, Reed, Lautenberg, Nel- The other hero I want to honor today son, Pryor, Shelby, Gregg, McConnell, great apes, the orangutan, whose sur- Hutchison, Brownback, Alexander, vival in the wild is far from certain. is Mary Tallouzi, Dan’s mother. When Voinovich, Murkowski. (10–8) our soldiers serve in harm’s way, the President Yudhoyono has spoken of DEPARTMENT OF DEFENSE burden is borne by families, not just in- the importance of protecting the habi- Senators Inouye, Byrd, Leahy, Harkin, tat of the orangutan. The U.S. Agency dividuals. Dan Tallouzi understood this Dorgan, Durbin, Feinstein, Mikulski, Kohl, as well as anyone. He adored his fam- for International Development has Murray, Cochran, Specter, Bond, McConnell, been supporting this effort for years, ily, and they adored him. Mary remem- Shelby, Gregg, Hutchison, Bennett. (10–8) bers Dan coming home on leave with and it is finally beginning to show re- ENERGY AND WATER DEVELOPMENT sults. It is focused on improving law flowers for his sister and hugs for the Senators Dorgan, Byrd, Murray, Feinstein, whole family. Home videos show him enforcement and addressing the eco- Johnson, Landrieu, Reed, Lautenberg, Har- nomic needs of the people living in clowning for his cousins, infecting kin, Tester, Bennett, Cochran, McConnell, those around him with his warmth and Bond, Hutchison, Shelby, Alexander, areas of Borneo and Sumatra where the his joy. Voinovich. (10–8) orangutans live, so they do not cut When Dan returned from Iraq after FINANCIAL SERVICES AND GENERAL down the forests. his injury, his mom quit her job to fol- GOVERNMENT While illegal logging remains a prob- low him through his treatment. First, Senators Durbin, Landrieu, Lautenberg, lem in Indonesia, it is less of one than she left New Mexico for a hospital in Nelson, Tester, Collins, Bond, Murkowski. it was not long ago thanks to President Germany. When Dan was transferred to (5–3) Yudhoyono’s government. What looms Walter Reed, Mary followed. Then in DEPARTMENT OF HOMELAND SECURITY as potentially an even greater threat search of a miracle, she had Dan trans- Senators Byrd, Inouye, Leahy, Mikulski, to the orangutan, and to climate ferred to the Kessler Institute in New Murray, Landrieu, Lautenberg, Tester, change, is the expansion of oil palm Jersey. Voinovich, Cochran, Gregg, Specter, Shelby, plantations. At Kessler, Mary spent 12-hour days Brownback. (8–6) The Jakarta Post article says Indo- by her son’s bed. In the morning, she DEPARTMENT OF THE INTERIOR, ENVIRONMENT, nesia’s Minister of Agriculture plans to would shave Dan’s face, brush his AND RELATED AGENCIES permit the cultivation of oil palm in teeth, and put on his favorite cologne. Senators Feinstein, Byrd, Leahy, Dorgan, millions of hectares of peat swamps. Nurses knew that Mary was watching Mikulski, Kohl, Johnson, Reed, Nelson, Test- The article indicates that the Minister her son’s care like a hawk. er, Alexander, Cochran, Bennett, Gregg, appears to believe that this would not When I met Mary last May, she was Murkowski, Collins, Voinovich. (10–7) contribute to global warming because back in New Mexico with Dan. After DEPARTMENTS OF LABOR, HEALTH AND HUMAN while cutting the peat forests would re- SERVICES, AND EDUCATION, AND RELATED traveling for more than a year, Mary sult in emissions of greenhouse gases, AGENCIES had lost her home and was struggling oil palm trees would absorb carbon. to find a place that could accommodate Senators Harkin, Inouye, Kohl, Murray, Landrieu, Durbin, Reed, Pryor, Specter, As convenient as that might sound, it her son’s needs. defies both logic and science. Indonesia What struck me about Mary was the Cochran, Gregg, Hutchison, Shelby, Alex- ander. (8–6) is already among the largest emitters satisfaction she felt in Dan’s achieve- LEGISLATIVE BRANCH of carbon in the world and the peat ments. After all she had experienced, swamps are the primary cause. Any all she had suffered, Mary Tallouzi Senators Nelson, Pryor, Tester, Mur- kowski. (3–1) significant expansion of cutting and would still light up when she talked burning of peat forests would con- about her son. You could see her pic- MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED AGENCIES tribute to climate change. It would put turing the old Dan, and you could feel Senators Johnson, Inouye, Landrieu, Byrd, Indonesia on the wrong side of an issue how proud she was. of critical, global importance at a time Mary should be proud of Dan, and she Murray, Reed, Nelson, Pryor, Hutchison, Brownback, McConnell, Collins, Alexander, when it should be setting an example should be proud of herself. She raised a Murkowski. (8–6) for responsible forest management. It good soldier, a good son, a good man. STATE, FOREIGN OPERATIONS, AND RELATED would put Indonesia on the wrong side She bore the sacrifice that war brings, PROGRAMS of history. and she bore it well. Senators Leahy, Inouye, Harkin, Mikulski, The United States deserves its share Please join me in recognizing the Durbin, Johnson, Landrieu, Lautenberg, sacrifice of Dan, Mary, and the entire of criticism for consuming, and wast- Gregg, McConnell, Specter, Bennett, Bond, ing, vast amounts of fossil fuels and Tallouzi family. Brownback. (8–6) Mr. President, I yield the floor. being a major contributor to global TRANSPORTATION AND HOUSING AND URBAN warming. Many years have been squan- f DEVELOPMENT, AND RELATED AGENCIES dered debating whether human devel- APPROPRIATIONS COMMITTEE Senators Murray, Byrd, Mikulski, Kohl, opment is a significant cause of cli- SUBCOMMITTEE MEMBERSHIPS Durbin, Dorgan, Leahy, Harkin, Feinstein, Johnson, Lautenberg, Bond, Shelby, Specter, mate change, even though the over- Mr. INOUYE. Mr. President, I ask Bennett, Hutchison, Brownback, Alexander, whelming view of scientists is that it unanimous consent to have the at- Collins, Voinovich. (11–9) is. tached subcommittee memberships for f Fortunately, we are past that point. the 111th Congress printed in the CON- Today there is almost universal rec- PROTECTING INDONESIA’S GRESSIONAL RECORD. ognition that we must act together, There being no objection, the mate- FORESTS and urgently, to stop the destruction of rial was ordered to be printed in the Mr. LEAHY. Mr. President, at a time forests and the wasteful use of energy RECORD, as follows: when the world seems to finally be that contribute to climate change.

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.048 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2823 President Obama has made clear that A hectare of peatland can store between lombia and to strengthen Colombia’s he intends to make this issue a priority 3,400 and 4,000 tons of carbon dioxide (CO2), judicial system. I have also supported and invest in alternative energy tech- but emits a much larger amount when efforts to protect the rights of Colom- burned. nologies that do not emit greenhouse Asked about the contribution to global bia’s indigenous people. When we get gases. warming, Gatot said trees planted in reports of the FARC attacking and Indonesia, like Brazil and Central Af- peatlands would absorb greenhouse gas emis- summarily executing members of the rica, is fortunate to possess among the sions. Awa´ , including women and children, we last significant expanses of tropical ‘‘The peatland will produce emissions only are reminded how much remains to be forests on Earth. The example set by in the opening of the land, but this will be done to protect these vulnerable groups President Yudhoyono and his govern- reabsorbed after new trees are planted,’’ he and before real justice and peace can ment will profoundly affect the lives of said. However, a World Bank report from 2007 come to Colombia. people everywhere, as well as future showed Indonesia was the world’s third big- In recent years there have been nota- generations. I join those in the envi- gest carbon emitter after the US and China, ble improvements in security in some ronmental and scientific communities thanks mainly to the burning of peatlands. parts of Colombia, particularly Bogota, in urging the Minister of Agriculture A Wetlands International report from 2006 Medellin, and other cities. There has to reconsider his position. said Indonesia’s peatlands emitted around 2 also been progress in expanding the Finally, it is important to note that billion tons of CO2 a year, far higher than presence of the state into areas which the country’s emissions from energy, agri- American companies are among those previously had been ungoverned. We that import Indonesian palm oil. China culture and waste, which together amount to only 451 million tons. are seeing some promising results from and Singapore are other major import- The country would have ranked 20th in the projects that provide coca farmers with ers. They should consider the con- global carbon emitter list if emissions from titles to land, technical assistance to sequences of using a product that is peatlands were not counted. grow licit crops like coffee and cacao, produced in a manner that causes seri- The ministerial decree is being drafted at a and access to markets, in return for ous harm to the environment. It is time when President Susilo Bambang voluntarily stopping growing coca. Yudhoyono is still preparing a decree on time for corporate America to review These projects deserve our continued its manufacturing and marketing prac- peatland management in an effort to help combat global warming. support. tices to ensure they are consistent The draft of the presidential decree, drawn But many rural areas remain con- with our collective responsibility to up in 2007, calls for tightened supervision on flicted or controlled by the FARC or stop global warming. the use of peatlands across the country. other armed groups, some of whose I ask unanimous consent to have the f members are demobilized Jakarta Post article printed in the COLOMBIA paramilitaries. After more than $7 bil- RECORD. lion in U.S. aid and 8 years since the There being no objection, the mate- Mr. LEAHY. Mr. President, the beginning of Plan Colombia, the rial was ordered to be printed in the abuses perpetrated against civilians by amount of coca under cultivation is RECORD, as follows: the Revolutionary Armed Forces of Co- close to what it was before. It is now [From the Jakarta Post, Feb. 13, 2009] lombia, popularly known as the FARC, grown in smaller, more isolated plots, are too numerous to list. From GOVT TO ALLOW PEATLAND PLANTATIONS in many more parts of the country. kidnappings to bombings, torture and (By Adianto P. Simamora) More than 200,000 rural Colombians summary executions, the FARC have The Agriculture Ministry will issue a de- were displaced from their homes as a lost whatever credibility and popular cree to allow businesses to dig up the coun- result of drug-related violence last try’s millions of hectares of peatland for oil support they may once have had. They year alone. palm plantations. are a criminal enterprise, despised by Gatot Irianto, the ministry’s head of re- the vast majority of Colombians, fund- Another issue that requires the at- search and development, said his office was ed with proceeds from the production tention of the Colombian Government currently drafting a ministerial decree that and sale of cocaine, who show no re- is reparations for victims of the con- would explain in detail the mechanism to flict. There are tens of thousands of turn the peatland areas into oil palm planta- spect for the laws of armed conflict. The FARC have kidnapped hundreds people who had members of their fami- tions, a move that many say will further lies killed or injured by paramilitaries, damage the country’s environment. of people, many of whom remain in ‘‘We still need land for oil palm planta- their custody, their health and welfare the FARC, or the army. Many had land tions. We must be honest: the sector has unknown. From what we have learned or other property stolen by been the main driver for the people’s econ- from the few who have escaped or been paramilitaries who often had the active omy,’’ he said Thursday on the sidelines of a released, they suffer severe hardship or tacit support of the army. The Co- discussion about adaptation in agriculture, lombian Government established mech- organized by the National Commission on and deprivation. The FARC have also targeted Colom- anisms for returning stolen assets, but Climate Change. for the most part it has not yet hap- The draft decree is expected to go into bia’s vulnerable indigenous people, force this year. whose traditional lands are often lo- pened. Very little of the land has been ‘‘We’ve discussed the draft with stake- cated in conflict zones. They have also returned to its previous occupants. holders, including hard-line activists, to con- been victimized by other armed groups, This process needs to be urgently in- vince them that converting peatland is including the Colombian army. vigorated if reconciliation is to succeed safe,’’ he said. Two recent incidents illustrate the in Colombia. ‘‘We promise to promote eco-friendly man- Whether a family member was killed agement to ward off complaints from over- dangers these people face. According to seas buyers and international communities.’’ the National Indigenous Organization or their property stolen by the FARC, Indonesia is currently the world’s largest of Colombia, on February 11, 2009, the paramilitaries, or members of the crude palm oil (CPO) producer, and is ex- FARC killed 10 members of the Awa´ army, the loss is the same. The judicial pected to produce about 19.5 million tons tribe in Narin˜ o department. This fol- process in Colombia is wholly incapa- this year. lowed the killing of 17 Awa´ on Feb- ble of adjudicating the large number of Overseas buyers, however, have complained ruary 4, also in Narin˜ o, and also report- cases or claims. It is critical that, as about Indonesia’s CPO products, saying they was finally done in the United States are produced at the expense of the environ- edly carried out by the FARC. There ment. are reports that an unknown number of when Congress appropriated funds to Activists point to the massive expansions Awa´ have been abducted. compensate victims of the Japanese in- of plantations, including in peatlands, for The killing of defenseless indigenous ternment camps during World War II, the deaths of large numbers of orangutans in civilians can best be described as a the Colombian Government take the Kalimantan and Sumatra and for releasing crime against humanity. It is utterly necessary steps to provide reparations huge amounts of carbon emissions into the without justification, and those who for the victims so they can rebuild atmosphere. their lives. Indonesia has about 20 million hectares of engage in such atrocities should pay dense, black tropical peat swamps—formed for their crimes. The issue of extra judicial killings, when vegetation rots—that are natural car- For years I have worked to help im- or ‘‘false positives’’ as they have been bon storage sinks. prove respect for human rights in Co- called, is another major concern.

VerDate Nov 24 2008 03:00 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.036 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2824 CONGRESSIONAL RECORD — SENATE March 5, 2009 Human rights groups warned repeat- ernment is meeting the conditions in tion continued when in 1933 the last edly that Colombian soldiers were lur- U.S. law and what costs should be wing of the building opened, equipped ing poor young men with the promise shifted to the Colombian Government with walnut furniture manufactured by of jobs, summarily executing them, and as U.S. aid is ratcheted down in the three New York firms—the W.H. then dressing the bodies to appear as coming years. Gunlocke Chair Company, the Com- FARC combatants in order to obtain f pany of Master Craftsmen, Inc., and higher pay, time off, promotions, or the Sikes-Cutler Desk Corporation. other benefits. I also expressed concern CENTENNIAL OF THE RUSSELL New York is not alone in being rep- about this. Instead of investigating, SENATE OFFICE BUILDING resented in the design, construction, top Colombian officials, including the Mr. SCHUMER. Mr. President, I wish and furnishing of the building. From President, responded by accusing the today to pay tribute not to a person, or the Vermont marble to the Indiana human rights groups of being FARC an agency, or an institution, but to a limestone, to the Pennsylvania steel- sympathizers. After the U.N. High building. That building, the Russell work, to the Kansas cement, and to the Commissioner for Human Rights con- Senate Office Building, turns 100 years elevators manufactured in Ohio, many firmed these crimes and it was revealed old today. states contributed their natural re- that they were the result of official The Russell Building has graced Cap- sources and the industry of their peo- army policy, the government acknowl- itol Hill for a century. Some of us have ple to this historic place. It’s a testa- edged the problem, but the verbal at- been fortunate to have our Senate of- ment to the skills of these early 20th tacks against human rights defenders fice located in Russell. But all of us century architects and craftsmen that and journalists who wrote articles have had an occasion to attend a hear- the building and its furniture and fur- about the issue have continued. ing, a meeting, or gathering in one of nishings are still in use today. To his credit, the Minister of Defense the building’s rooms. If we take the The Russell Building was constructed has taken some steps to address it, in- time to stop and consider what is be- because of the growing challenge in the cluding issuing decrees disavowing the fore us, we are struck by the beauty of early 1900s to find suitable office space policy of rewarding body counts and an earlier era in American history. to accommodate the needs of Senators. dismissing army officers who were im- Step into the Russell Rotunda, the Prior to the opening of the Russell plicated in some cases. But few if any Caucus Room, the Rules Committee Building in 1909, Senators and their have been prosecuted and punished, hearing room, or any of other com- staffs conducted the business of the Na- and there are reportedly hundreds of mittee hearing rooms or special function in whatever space was available— these cases. tion rooms in the building. You can’t the aisles of the Senate Chamber, the Throughout this period, despite re- help but feel that you are stepping Capitol’s marble hallways, nearby port after report that these atrocities back in time when you gaze at the high hotel lobbies, and local boarding were occurring, former Secretary of ceilings, the columns, the marble, the houses. Constituents waited in the cor- State Rice continued to certify that crystal chandeliers, and the mahogany ridors of the Capitol when they came the Colombian army was meeting the and walnut furniture. to meet their Senators and Congress- human rights conditions in U.S. law. Architects refer to its style as beaux man. As more States joined the Union, That was as shameful as the Colombian arts, a design popular in America in the number of lawmakers working in Government blaming human rights de- the early 20th century. Many Govern- Washington grew. By the turn of the fenders. The Congress had no respon- ment buildings constructed during the century, the Capitol was literally over- sible alternative to withholding a por- late 1800s through the 1920s were of this flowing with people. The need for space tion of the military aid for Colombia. design, and the Russell Building stands to house Senators and their growing Whether or when those funds are re- today as an excellent example of this staffs was finally recognized in 1903, leased will depend, in part, on how style of architecture. when the sites for the first congres- thoroughly the government addresses To commemorate this centennial, the sional office buildings were acquired the problem of false positives, whether curatorial staff of the Secretary of the and construction of the buildings were the officers involved are held account- Senate’s office has created an out- authorized. One of these building so au- able, and whether those who had the standing exhibit in the Russell Build- thorized would later become the Rus- courage to report these crimes con- ing and a booklet about its history. I sell Senate Office Building. Once continue to be the target of government urge you to visit the display of original struction was complete, it was consid- attacks. Russell furniture in the Russell ro- ered to be one of the grandest and most I also want to mention the recently tunda basement or stop by the infor- impressive buildings in all of Wash- appointed Army Chief of Staff, GEN mation kiosks in the rotunda base- ington. It would later be named in Gonza´ lez Pen˜ a, who replaced General ment, the second floor of the Rotunda honor of a former colleague from Geor- Montoya. General Montoya resigned area outside the Caucus Room, SR–318, gia, the Honorable Richard Russell, under pressure due to the false the Rules Committee hearing room, who served in the Senate for 38 years. positives scandal and was ‘‘punished,’’ SR–301, the Veterans Affairs’ Com- There is an old saying there is noth- as too often occurs in Colombia, by mittee hearing room, SR–418, the base- ing new under the Sun. And when it being appointed an ambassador. Not ment visitors entrance on Delaware comes to the Senate and space, how long ago, General Gonza´ lez Pen˜ a com- Avenue, and the 2nd floor visitors en- true the saying is. As one of its areas manded the 4th Brigade in Antioquia trance on Constitution Avenue. Along of jurisdiction, the Rules Committee, which has one of the worst rates of re- the way, you’ll learn about the naming on which I have the honor of serving as ported extra judicial killings. It is dif- of the building, the old subway, and the chairman, continues to search for ficult to believe that he was unaware of hearings held in the committee rooms. space to meet the needs of Senators, what his troops were reportedly doing, As a New Yorker, I am especially committees, and support offices to this and it raises a concern about his quali- pleased that there are so many connec- day—an administrative task not unlike fications for such an important positions between the Russell Building and the struggle to find space for the Sen- tion. my home State. New York architects, ate in 1909. This year, the Appropriations Com- Carrere & Hastings, designed the build- During the past century, much has mittee will again review our aid pro- ing; New York cabinetmaker Thomas happened to us as a country. We added grams in Colombia. We want to con- Wadelton manufactured full-scale mod- four States to the United States of tinue helping Colombia because we els of ‘‘very American’’ furniture in his America. We have experienced world share many interests—in addition to studio located in Tuckahoe, NY; New wars, international conflicts, and stopping the traffic in illegal drugs to Yorker George W. Cobb, Jr., was tough economic times again and again. the United States which has not suc- awarded the furniture contract for the We have landed a man on the Moon and ceeded to the extent some had pre- building; and much of the original ma- saw the beginning of the information dicted. We need to determine what has hogany furniture was manufactured by age. Through all this time, the Amer- worked and deserves continued U.S. the Standard Furniture Company of ican people have persevered and support, whether the Colombian Gov- Herkimer, NY. The New York associa- thrived.

VerDate Nov 24 2008 03:00 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.037 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2825 Like its occupants and visitors over the biggest oil field in the world which is in thinking it would be fairly inexpensive to op- the past century, the building has Alaska. Why are we being so dependent on erate. At the time propane was 65 cents a adapted itself for the 21st century. The foreign oil when there is no need to be? Our gallon. Last fall I filled my tank for $1.69 a Russell Senate Office Building on its economy is going the wrong way and can be gallon. When I went to refill it in February, fixed by getting the price of gas back down the price had jumped to $2.40 a gallon in just 100th birthday is a working building, where it should be. My wife and I are retired a few months. I cannot afford that price to alive with Senators and staff doing the and live in the country outside of Midvale, heat my home. I decided to turn my heat business of our Nation, well equipped Idaho. It is a long ways to the grocery store down to 62 degrees on my thermostat, and and ready to face the challenges of the and department stores. I hope you can get just wear a sweater. If I want to work in one future. something started in the Senate that will room I run a small electric heater to stay open some eyes. Most of the members of the warm. I never thought I would have to be f Congress and Senate are financially set so cold in my own house because I cannot afford IDAHOANS SPEAK OUT ON HIGH the price of gas does not affect them. How- to run my furnace. ENERGY PRICES ever, they have a lot of constituents that are I think it is time to drastically increase hurting. Thanks for your time. our own production of oil. We need to drill in Mr. CRAPO. Mr. President, in mid- God Bless America. Alaska, and wherever else it is feasible. Is June, I asked Idahoans to share with BRENT and PEGGY, Midvale. the environment more important than peo- me how high energy prices are affect- ple’s well being? I do not think so. It is time ing their lives, and they responded by I have a very sincere feeling that the Con- we told the environmentalists to be quiet. I the hundreds. The stories, numbering gress has been waffling on the oil and gaso- think the oil companies need to be putting line price rise. It is my hope that they will their huge profits into finding more sources well over 1,200, are heartbreaking and of oil. And let us get busy and find alter- touching. While energy prices have soon begin to realize they are hurting the complete economy. We are all hurting be- natives to oil. It is about time. dropped in recent weeks, the concerns cause of the higher gasoline price but it Thanks for letting me express my views. expressed remain very relevant. To re- trickles down to everything we buy. It burns PHYLLIS, Rigby. spect the efforts of those who took the me up to hear people complain about Presi- opportunity to share their thoughts, I dent Bush and how he has started the whole First of all, I am glad to see that your head is screwed on correctly. I am sick and tired am submitting every e-mail sent to me thing. Just yesterday he explained to the public that the Congress has not given him a of our Congress saying that oil companies through an address set up specifically must pay ‘‘wind-fall profit’’ taxes. As if this for this purpose to the CONGRESSIONAL bill to sign. I certainly wish Congress could stick its will fix the problem. Why are so many of our RECORD. This is not an issue that will neck out and demand that all new electricity lawmakers ignorant of how economy really be easily resolved, but it is one that de- generation plants be nuclear plants. We are works? Why is supply and demand so hard to serves immediate and serious atten- wasting our natural gas on firing electricity grasp for some? Now, how is the current price of gas hit- tion, and Idahoans deserve to be heard. generation and coal is causing emissions ting me and my family. Rather hard, I must which I believe are not good for the world. Their stories not only detail their say. Now, I grew up in a rural area and, for Nuclear plants are so efficient and I wish we struggles to meet everyday expenses, that reason, I live outside of Boise. I do not but also have suggestions and rec- had not allowed France and Germany to care for crowds and I like to have space ommendations as to what Congress can outdo us with the technology to make safe (though, honestly, where I live still does not atomic plants. have enough space). For this reason, I spend do now to tackle this problem and find Next, I would wish that Congress would a good deal on gas. This is not the fault of solutions that last beyond today. I ask mandate a term of time that would allow us the government, nor am I looking for the unanimous consent to have today’s let- to get weaned from oil and give us a good al- government to solve my problems. (They ters printed in the RECORD. ternative engine for automobiles, for exam- have not solved any yet, and now they’re There being no objection, the mate- ple. We are a wide ranging country and trav- talking about universal health care, HA! do rial was ordered to be printed in the eling from one area to another is necessary. not make laugh. But I digress.) RECORD, as follows: We do not have anything but busses to move In an effort to curb the fuel pain, last year us in most areas. I do not like the fact that I purchased a gas-sipping 4-banger that gets Thank you for soliciting our opinions re- corn is getting so high priced because of the garding the energy crisis. I truly value this 45 mpg (I bought that when I anticipated gas ethanol push. I know that I cannot use eth- @ $3/gal.). However, my wife and I have a opportunity to communicate my concerns to anol because it will ruin all the components you. large family and a large vehicle is a must. in my autos I presently own. I do not think We have a Suburban to cary our family of 7 Gas prices have certainly been on the rise enough thought has gone into ethanol use and like most Idahoans, I have been affected (including my wife and I). A large vehicle is and I feel it is going to ruin our food product simply a must, and given where we live, a ve- by this increase. I also remember the words prices. I have been associated with agri- of President Bush when he stated that we as hicle with 4wd capability is a must too. This culture all my life and I cannot believe the Suburban gets 17 mpg, and with a 42 gallon a nation are ‘‘addicted’’ to oil. I am a psy- prices some the these crops were bringing chologist and I know that when an addict is tank, it is getting rather painful to fill this last year. beast. Assuming an empty tank, it would feeling the pain of their addiction (as we are Right now we need to be drilling off shore take $168 to fill that behemoth, but I need it with gas prices), it is not helpful to find and ANWR for oil. I believe an oil company and we keep the driving on that to a min- them a cheaper way to get a drink. or two needs to build a new refinery or two imum. What I am saying by that analogy is that to help out in the meantime. I think the oil Some of our circumstances are due to I do not think increasing exploration for oil companies have held us hostage all my life where we live and we chose to live there. I do in Alaska or off the coast of Florida will help and they still are! not seek empathy for this. However, compas- us in the long term. Fossil fuels are a limited God Bless you and your good work. sion for our people would be good. Congress resource and we’ll feel the pain of those limi- GORDON, Twin Falls. could make significant strides forward if tations sooner or later. I do not support fur- they would stop catering to special interest ther exploration to temporarily fix this prob- Thank you for the opportunity to let you groups and drill in our oil reserves. There is lem. I do support the idea that we invest know how energy prices are affecting me. I no reason not to. Drilling in ANWR is not heavily in renewable, environmentally sus- was forwarded your email from a friend who going to make extinct the animals that live tainable, energies. is on your mailing list. there. For example, rather than giving huge tax I am a 56-year-old widow. My husband has Also, there is no reason we cannot make breaks to oil companies to promote more gas been gone for 6 years. We lived a middle- more refineries. We cannot refine the oil we production, let us give those tax cuts to the class lifestyle, but now that he is gone, I am import fast enough, to say nothing about the car manufacturers to produce cars that run struggling to make ends meet and be able to oil that we could be drilling from our own on less gas or better yet, run on non-fossil remain in the home that my husband built soil and water. We should make more nu- based fuels. American companies are way too for our family. Even though all my children clear power, or cut our thirst for energy. It far behind Japanese companies in this effort are gone from home, I still have one child in is one or the other, and since we are not cut- and to remain competitive, I think we’ll college that I need to help. I live 7 miles west ting energy, we have got to produce more. have to invest in the technologies of the fu- of Rigby, and 10 miles north of Idaho Falls, ANDY. ture rather than scraping the bottom of the so I have to do a lot of driving just to get barrel for what oil remains. anywhere. I have drastically reduced my I am the Service Coordinator at Commu- Thank you. driving, and I still pay way more than I used nity Action Partnership in Clearwater Coun- RICK, Pocatello. to for gas. ty. We are the agency that distributes the One of the biggest areas I have been af- Energy Assistance Funds (LIHEAP) for Why are we saving the oil in the United fected is with my heating costs. Natural gas North Central Idaho. I must tell you that I States? The oil fields in the lower 48 could is not available where my home is, so 10 am extremely concerned about our low in- alone make us self-sufficient; that is without years ago we put in a propane furnace, come people this coming winter, especially

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.047 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2826 CONGRESSIONAL RECORD — SENATE March 5, 2009 the ones on fixed incomes, such as the elder- fuel, we will be ripe for another country to OPEC now has us by the neck in a strangle ly. If congress does not increase the benefit come in and take us over. hold. The big oil companies really do not amount of LIHEAP considerably, I am seri- Legislate ambitiously for off-shore drill- care as they make money either way. ously afraid that some people will literally ing! Stop the export of oil from Alaska. ROBERT. freeze to death. Enough is enough! Do something about it! Of the 500 or so LIHEAP applications I do, JOSIE, Nampa. Thanks for the opportunity to respond to about 300 of them are elderly (60+). Of that your newsletter on energy costs. My view, as 300, probably more than half heat with oil or I do not have much of a different story expressed even before 9⁄11, was that we were propane. Many of them were talked into con- than many other Idahoans. I work hard each subconsciously willing to sacrifice our chil- verting to an oil stove (such as TOYO) sev- day 11 to 12 hrs. I live in a rural area of Can- dren due to our selfishness, NIMBY men- eral years ago, because they were considered yon County so ride sharing or car pooling is tality, and uncompromising positions re- very energy efficient, however no one could not a viable option for me. I have to drive 18 garding siting of energy facilities and devel- have predicted that the price of oil would miles to work so riding a bike is not an op- opment of energy resources. Our inability to quadruple in a few years time. To make mat- tion especially after putting in a 12 hr day. develop a unified, effective energy policy is ters worse, many oil and propane company’s I drive a small pick up Chevy S–10 to help re- reflected in our addiction to oil, and just require a minimum delivery of 100 gallons, duce my gas usage (as I mow lawns and do like a drug addict, we are selling out our that is over $400, and in many cases that small pruning jobs on the weekends to make country to those who least care about the fu- could be half or more of their monthly in- a few extra dollars), my wife in I traded in ture and security of our children. Like street come! our ford tarsus for a KIA Spectra last No- drugs, the demand driven by our oil addic- I intend to work with Clearwater County vember to help save money and protect our tion is pushing up the price that further en- Social Services, and our local churches to budget of the current (Nov 07) high gas hances the wealth of many rouge nations see what can be done at the local level. I am prices. that support terrorism against us and would hoping to be raise funds to purchase the What I can say is that the only way out of like nothing more than to see our demise. I most efficient electric heaters I can find to our current situation is for our congress attribute the deaths of our beloved service give out to our most vulnerable citizens. It needs to show OPEC, that we are willing to members on the battlefields in the Middle certainly does not solve the overall energy take back control of our oil dependence. East to this issue. The cost to me in terms of problem facing this country, but at least it 1. Congress must do something positive high gas prices lowering my standard of liv- might keep a few people from freezing this about drilling oil in the U.S., no arguing, no ing is nothing compared to the sacrifice of winter. debating, no pork added to the bills, just ac- their lives caused by our ineptness to come Thank you for your interest and concern in tion. together as a nation with a program for en- this matter, and good luck! 2. We need to open up oil drilling anywhere ergy independence with an urgency akin to BARBARA. that will have minimal environmental im- President Kennedy’s national commitment pact, there is no place to drill that will have to put a man on the moon in a decade. Any- The American public is lazy! We should be no environmental impact, but we have the thing short of that is treating a symptom holding all our elected officials responsible technology to reduce any impact to the envi- and not the disease. for OPEC and Big Oil’s price gouging of the ronment that will not cause permanent dam- There are no quick fixes. It took several country through its outrageous fuel prices. age. It is off the east coast, west coast, Gulf decades of selfishness to get us into this pre- We all should be continuously writing, of Mexico or Alaska we need to start drill- dicament, and it will take at least a decade emailing, and faxing our city councilpersons, ing. of committed effort to fix it. We, as a nation, 3. We need to build refineries through the county supervisors, state legislators, con- have the intellect and the resources to country, but especially on the west coast. gressmen, and presidential candidates to achieve energy independence if we unleash The west coast refineries need to be able to make them support a comprehensive, alter- our federal and private institutions from ex- process the high sulfur oil from Alaska. native energy program. cessive regulation. Decisions of such na- It is OPEC and the Big Oil companies that These actions should put a halt to the esca- tional importance must be based on sound are preventing the development of ethanol. lating oil prices from OPEC, but they are technical and economic evaluation, not on And they will continue to not allow the de- only the first steps. how we can siphon more tax dollars to ben- velopment of ethanol unless they can monop- 4. Big Oil Tax breaks for exploration and efit our constituents and enrich our political olize that, too. It is common knowledge that research, I do not believe that these tax cuts standing or how we can enhance our personal they contribute thousands of dollars to con- are ever going to go away, but I heard a news wealth. The future of our nation and our gressmen so that our elected officials will report over the weekend the Exxon Mobil children is in our hands. drag their feet and not push through a com- was exploring off the coast of the Phil- NOEL, Idaho Falls. prehensive plan. ippines. This is totally insane they are Brazil became energy self-sufficient within spending our money in tax cuts outside the f five years by converting sugar cane into eth- U.S.? If we are going to allow large profits anol. Sweden is also developing plants to and tax breaks for exploration and research turn grass and hay into ethanol. There then they can do in the U.S. ADDITIONAL STATEMENTS should be laws enacted here, too, requiring 5. One of the biggest projects big oil could every gas station to offer at least one pump be spending our money on is research for liq- for ethanol. The construction of ethanol uefying oil shale to minimize any environ- TRIBUTE TO MILLARD FULLER plants should be subsidized by the governmental effects of this process, but again ment, and job tax credits should be given to there is no way not to have some impact on ∑ Mr. SHELBY. Mr. President, today I those plants for hiring new workers. Our the environment, but as a country we must pay tribute to Millard Fuller, a great country should be ambitiously working to give a little to survive in this world situa- American entrepreneur who dedicated wean itself off gasoline so we can tell OPEC tion. his life to sheltering the poor. Millard where to stick its oil. 6. To reduce using our oil, coal and natural passed away on February 3, 2009. He Auto manufacturers should be mandated to gas reserves to generate electricity, we need leaves behind a great legacy of leader- sell an increasing percentage of flex fuel cars to build Nuclear Power Plants where the each year. Of course, it will not do you any need is and where is will cause minimal im- ship and of service to the world’s most good to buy a flex fuel car if you cannot find pact on the environment. vulnerable residents. a station in your town that sells ethanol (I 7. Long term measures would be to develop Millard was born in 1935 in Lanett, am told that there is only one station in all wind, water and solar and other alternative AL. It was in this town that Millard, at of San Diego that sells ethanol). And, forget power satrapies, it is too late right now to only 6 years old, earned his first profit it if you are traveling anywhere out of town! impact the strategies hold OPEC has on our by selling pigs and chickens. His entre- You would think that with the internet, country, and in the long term these straggles preneurial spirit would certainly carry everyone would come together, pool their could play an important role in our overall ideas and resources, and actually get some- energy policy. him far. After some time working as a thing done. Instead, we just sit back and 8. Please relay to your fellow Congressmen door-to-door salesman selling silk ho- take whatever is dished out to us. The Amer- that if #1 and #2 are not acted on imme- siery and underwear, Millard attended ican public has clout it does not even realize! diately there will be a lot on incumbents Auburn University to study economics. If this nation’s work force banded together who will lose their seats in November. As the Following his graduation, Millard at- and refused to go to work until the price of American public and trucking industry can tended my alma mater, the University gasoline went down, you can bet we would afford the daily gas price increases. If the of Alabama School of Law, and it was bring this country to its knees in a week or trucking industry falters then our whole there that he married his wife Linda. less! I am tired of working for nothing! I am economy will collapse. This is not a idle tired of seeing my children not be able to threat by one voter but a culmination of our While a law student at the University make ends meet. elected officials doing nothing about our en- of Alabama, Millard expanded his en- When the working public goes bankrupt ergy policy for the last 30 years, and within trepreneurial horizons and began sell- from channeling its hard-earned money into the last 6 years ignoring all the signs that ing Christmas trees and mistletoe with

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.042 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2827 our fellow student, Morris Dees. To- locations, including a state-of-the-art H.R. 146. An act to establish a battlefield gether, they would go on to form a lu- acetylene production facility. It has acquisition grant program for the acquisi- crative direct marketing business sell- also established a cutting-edge Spec tion and protection of nationally significant ing cookbooks and other items. This Air gas manufacturing laboratory, as battlefields and associated sites of the Revo- lutionary War and the War of 1812, and for business would make Millard a million- well as the New England School of Met- other purposes. aire by the time he reached the young alwork, with programs in welding and f age of 29. When his work and devotion blacksmithing, as part of its sustained to monetary success began to threaten growth. EXECUTIVE REPORTS OF his personal relationships, however, As a company that truly looks after COMMITTEES Millard and Linda made the decision to its own, Maine Oxy has excelled in as- The following executive reports of simplify their lives by selling their sisting its employees who serve in the nominations were submitted: military. Three such members from possessions and dedicating their lives By Mr. LEAHY for the Committee on the to their Christian values. Maine Oxy’s Auburn facility—Robert Judiciary. In 1965, Millard and Linda moved to Smith, Kirby Touchette, and Scott St. David S. Kris, of Maryland, to be an Assist- Koinonia Farm in south Georgia. It Pierre—were all recently called up to ant Attorney General. was there that Millard and Linda met Active Duty as combat engineers. Dur- Elena Kagan, of Massachusetts, to be So- and became close friends with the ing their deployment, Maine Oxy as- licitor General of the United States. farm’s founder, Clarence Jordan. Clar- sisted the servicemembers by sending Thomas John Perrelli, of Virginia, to be ence and Millard had much in common them care packages, and also aided Associate Attorney General. and together they developed the con- their families by helping them with (Nominations without an asterisk cept of a housing program that would various chores, including chopping fire- were reported with the recommenda- provide no-interest loans to people to wood for one the families that needed tion that they be confirmed.) build modest homes. This idea eventu- it. Even now, Maine Oxy continues to f ally grew into Habitat for Humanity. send dozens of care packages to troops REPORTS OF COMMITTEES In 1976, from a tiny house in Amer- in Iraq. icus, GA, Millard and Linda established Upon their return, the three deployed The following reports of committees Habitat for Humanity. Today, the or- employees were encouraged to make were submitted: ganization has built more than 300,000 use of their maximum allocated 90-day By Mr. LEAHY, from the Committee on houses around the world, providing entitlement of time off before return- the Judiciary, with an amendment in the na- more than 1.5 million people in more ing to work. Moreover, the company ture of a substitute: S. 386. A bill to improve enforcement of than 3,000 communities with safe, de- was flexible in allowing for follow-up medical appointments. Finally, the mortgage fraud, securities fraud, financial cent, affordable shelter. In April 2009, institution fraud, and other frauds related to Habitat for Humanity’s Alabama State firm rehired the employees and pro- federal assistance and relief programs, for Support Organization will celebrate moted them to new positions, thereby the recovery of funds lost to these frauds, the completion of its 1,500th house. allowing their replacement workers to and for other purposes. Millard is loved and will be missed by maintain employment as well. f his wife Linda and their four children. Maine has one of the highest percent- INTRODUCTION OF BILLS AND He will also be missed by the thousands ages of veterans in the country at JOINT RESOLUTIONS of volunteers who found inspiration roughly 16 percent of the State’s popu- through his dedication. It is because of lation. Our State is seeing hundreds of The following bills and joint resolu- Millard that thousands of people across new veterans each year returning from tions were introduced, read the first the world have a place to call home. I combat in Iraq and Afghanistan. As and second times by unanimous con- ask this entire Senate to join me in such, it is heartening to see companies sent, and referred as indicated: recognizing and honoring the life of like Maine Oxy standing ready to as- By Mr. THUNE (for himself and Mr. Millard Fuller.∑ sist its veteran employees in such a SCHUMER): S. 527. A bill to amend the Clean Air Act to f broad and altruistic manner. Thank you to Bruce Albiston, Maine Oxy’s prohibit the issuance of permits under title HONORING MAINE OXY Chief Executive Officer, and everyone V of that Act for certain emissions from ag- ∑ Ms. SNOWE. Mr. President, at a time at Maine Oxy for their selfless support ricultural production; to the Committee on Environment and Public Works. when our Nation is involved in a global of their colleagues, and best wishes for By Mr. WHITEHOUSE (for himself, Mr. ∑ war on terrorism, thousands of lives their future success. LEAHY, Mrs. FEINSTEIN, Mr. FEIN- are disrupted as members of our armed f GOLD, Mr. NELSON of Florida, Mr. services head off to war. One aspect KERRY, Mr. SCHUMER, Mr. HARKIN, MESSAGE FROM THE HOUSE that is often overlooked is the pro- Mr. DODD, Mr. BROWN, and Ms. found impact a deployment can have At 10:30 a.m., a message from the KLOBUCHAR): on a servicemember’s civilian career. I House of Representatives, delivered by S. 528. A bill to prevent voter caging; to wish today to commend a small busi- Mrs. Cole, one of its reading clerks, an- the Committee on Rules and Administration. By Mr. LIEBERMAN (for himself, Mr. ness from my home State of Maine nounced that the House has passed the following bill, in which it requests the BROWNBACK, Mr. UDALL of New Mex- that has made a veritable commitment ico, Mr. WHITEHOUSE, Mr. CARDIN, Mr. concurrence of the Senate: to ensuring that those serving our SANDERS, Mr. KERRY, and Ms. country are seamlessly reintegrated H.R. 1127. An act to extend certain immi- SNOWE): into the workforce upon their return gration programs. S. 529. A bill to assist in the conservation from Active Duty, and their families f of rare fields and rare canids by supporting and providing financial resources for the taken care of while they are gone. MEASURES DISCHARGED Maine Oxy is an Auburn-based com- conservation programs of countries within The following measure was dis- pany that specializes in welding, as the range of rare felid and rare canid popu- charged from the Committee on Energy lations and projects of persons with dem- well as industrial and specialty gases. and Natural Resources by unanimous onstrated expertise in the conservation of A third generation family managed consent, and referred as indicated: rare felid and rare canid populations; to the firm, Maine Oxy was founded in 1929 by Committee on Environment and Public H.R. 44. An act to implement the rec- Joseph W. Albiston as Maine Gas Serv- Works. ommendations of the Guam War Claims Re- By Mr. NELSON of Florida (for himself ice, which at that time provided sales view Commission; to the Committee on the and Mr. MARTINEZ): and service to home propane cus- Judiciary. S. 530. A bill to extend Federal recognition tomers. Six years later, Maine Oxy f began providing welding supplies and to the Muscogee Nation of Florida; to the Committee on Indian Affairs. industrial gases for customers through- MEASURES PLACED ON THE CALENDAR By Mr. BINGAMAN (for himself and out Androscoggin County, in central Ms. MURKOWSKI): Maine. Since that time, Maine Oxy has The following bill was read the sec- S. 531. A bill to provide for the conduct of expanded to serve three States in eight ond time, and placed on the calendar: an in-depth analysis of the impact of energy

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.027 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2828 CONGRESSIONAL RECORD — SENATE March 5, 2009 development and production on the water re- SUBMISSION OF CONCURRENT AND school-based food allergy management sources of the United States, and for other SENATE RESOLUTIONS grants, and for other purposes. purposes; to the Committee on Energy and S. 482 Natural Resources. The following concurrent resolutions By Ms. COLLINS (for herself and Mr. and Senate resolutions were read, and At the request of Mr. FEINGOLD, the KENNEDY): referred (or acted upon), as indicated: name of the Senator from West Vir- S. 532. A bill to amend the Internal Rev- By Mr. KOHL: ginia (Mr. BYRD) was added as a co- enue Code of 1986 to provide a business credit S. Res. 65. A resolution honoring the 100th sponsor of S. 482, a bill to require Sen- against income for the purchase of fishing anniversary of Fort McCoy in Sparta, Wis- ate candidates to file designations, safety equipment; to the Committee on Fi- consin; to the Committee on Armed Services. statements, and reports in electronic nance. By Mr. BOND: form. EN S. Res. 66. A resolution designating 2009 as By Ms. COLLINS (for herself, Mr. K - S. 484 NEDY, and Ms. SNOWE): the ‘‘Year of the Noncommissioned Officer Corps of the United States Army’’; to the At the request of Mrs. FEINSTEIN, the S. 533. A bill to amend the Coastal Zone name of the Senator from South Da- Management Act of 1972 to establish a grant Committee on the Judiciary. program to ensure waterfront access for By Mr. FEINGOLD (for himself, Mr. kota (Mr. JOHNSON) was added as a co- commercial fisherman, and for other pur- KOHL, Mr. SANDERS, Mr. DURBIN, Mr. sponsor of S. 484, a bill to amend title poses; to the Committee on Finance. CASEY, Mr. BURRIS, Mrs. GILLIBRAND, II of the Social Security Act to repeal By Mr. NELSON of Florida (for him- Mr. CHAMBLISS, Mr. KERRY, Mr. BEN- the Government pension offset and self, Ms. COLLINS, and Mr. BINGAMAN): NET, Mr. BEGICH, Mr. BAYH, and Mr. windfall elimination provisions. DODD): S. 534. A bill to amend title XVIII of the S. 491 Social Security Act to reduce cost-sharing S. Res. 67. A resolution expressing the sense of the Senate that providing breakfast At the request of Mr. WEBB, the name under part D of such title for certain non-in- of the Senator from New Jersey (Mr. stitutionalized full-benefit dual eligible indi- in schools through the national school viduals; to the Committee on Finance. breakfast program has a positive impact on LAUTENBERG) was added as a cosponsor By Mr. NELSON of Florida (for him- the lives and classroom performance of low- of S. 491, a bill to amend the Internal self, Mr. SESSIONS, Mr. BINGAMAN, income children; considered and agreed to. Revenue Code of 1986 to allow Federal Mrs. FEINSTEIN, Mr. KERRY, Mrs. LIN- f civilian and military retirees to pay COLN, Ms. MIKULSKI, Ms. SNOWE, Mr. ADDITIONAL COSPONSORS health insurance premiums on a pretax VITTER, and Mr. INHOFE): basis and to allow a deduction for S. 535. A bill to amend title 10, United S. 133 TRICARE supplemental premiums. States Code, to repeal requirement for reduc- At the request of Mrs. FEINSTEIN, the S. 513 tion of survivor annuities under the Survivor name of the Senator from Vermont Benefit Plan by veterans’ dependency and in- At the request of Mr. SANDERS, the (Mr. SANDERS) was added as a cospon- names of the Senator from Arkansas demnity compensation, and for other pur- sor of S. 133, a bill to prohibit any re- poses; to the Committee on Armed Services. (Mrs. LINCOLN) and the Senator from By Mr. WYDEN: cipient of emergency Federal economic Wisconsin (Mr. FEINGOLD) were added S. 536. A bill to amend the Clean Air Act to assistance from using such funds for as cosponsors of S. 513, a bill to require modify the definition of the term ‘‘renewable lobbying expenditures or political con- the Board of Governors of the Federal biomass’’; to the Committee on Environment tributions, to improve transparency, Reserve System to publish information and Public Works. enhance accountability, encourage re- on financial assistance provided to var- By Mr. KOHL (for himself and Mr. sponsible corporate governance, and for ious entities, and for other purposes. GRAHAM): other purposes. S. 524 S. 537. A bill to amend chapter 111 of title S. 182 28, United States Code, relating to protective At the request of Mr. FEINGOLD, the At the request of Mr. CASEY, his orders, sealing of cases, disclosures of dis- names of the Senator from Oklahoma covery information in civil actions, and for name was added as a cosponsor of S. (Mr. COBURN) and the Senator from other purposes; to the Committee on the Ju- 182, a bill to amend the Fair Labor Missouri (Mrs. MCCASKILL) were added diciary. Standards Act of 1938 to provide more as cosponsors of S. 524, a bill to amend By Mrs. LINCOLN (for herself, Mr. effective remedies to victims of dis- the Congressional Budget and Im- COCHRAN, Mr. LEAHY, Mr. MENENDEZ, crimination in the payment of wages poundment Control Act of 1974 to pro- and Mr. PRYOR): on the basis of sex, and for other pur- vide for the expedited consideration of S. 538. A bill to increase the recruitment poses. and retention of school counselors, school so- certain proposed rescissions of budget S. 378 cial workers, and school psychologists by authority. low-income local educational agencies; to At the request of Mr. BAYH, the name S. CON. RES. 4 the Committee on Health, Education, Labor, of the Senator from Arizona (Mr. KYL) At the request of Mr. NELSON of Flor- and Pensions. was added as a cosponsor of S. 378, a ida, the names of the Senator from By Mr. REID: bill to correct the interpretation of the North Carolina (Mr. BURR), the Senator S. 539. A bill to amend the Federal Power term proceeds under RICO. from Georgia (Mr. CHAMBLISS), the Sen- Act to require the President to designate S. 386 ator from Illinois (Mr. DURBIN) and the certain geographical areas as national re- At the request of Mr. LEAHY, the Senator from Rhode Island (Mr. newable energy zones, and for other purposes; to the Committee on Energy and Nat- name of the Senator from New York WHITEHOUSE) were added as cosponsors ural Resources. (Mr. SCHUMER) was added as a cospon- of S. Con. Res. 4, a concurrent resolu- By Mr. KENNEDY (for himself, Mr. sor of S. 386, a bill to improve enforce- tion calling on the President and the LEAHY, Mr. DURBIN, Mr. DODD, Mr. ment of mortgage fraud, securities allies of the United States to raise the HARKIN, Mr. BINGAMAN, Mr. REED, fraud, financial institution fraud, and case of Robert Levinson with officials Mr. SANDERS, Mr. BROWN, Mr. CASEY, other frauds related to federal assist- of the Government of Iran at every Mrs. HAGAN, Mr. MERKLEY, Mr. ance and relief programs, for the recov- level and opportunity, and urging offi- WHITEHOUSE, Mrs. MCCASKILL, Mr. ery of funds lost to these frauds, and cials of the Government of Iran to ful- JOHNSON, Mr. SCHUMER, Mr. UDALL of for other purposes. New Mexico, and Mrs. BOXER): fill their promises of assistance to the S. 540. A bill to amend the Federal Food, S. 456 family of Robert Levinson and to share Drug, and Cosmetic Act with respect to li- At the request of Mr. DODD, the name information on the investigation into ability under State and local requirements of the Senator from Pennsylvania (Mr. the disappearance of Robert Levinson respecting devices; to the Committee on CASEY) was added as a cosponsor of S. with the Federal Bureau of Investiga- Health, Education, Labor, and Pensions. 456, a bill to direct the Secretary of tion. By Mr. DODD (for himself, Mr. CRAPO, Health and Human Services, in con- S. CON. RES. 6 Mr. AKAKA, Mr. BROWN, Mr. CORKER, sultation with the Secretary of Edu- At the request of Ms. STABENOW, the Mr. BOND, and Mr. ISAKSON): cation, to develop guidelines to be used name of the Senator from Illinois (Mr. S. 541. A bill to increase the borrowing authority of the Federal Deposit Insurance on a voluntary basis to develop plans DURBIN) was added as a cosponsor of S. Corporation, and for other purposes; to the to manage the risk of food allergy and Con. Res. 6, a concurrent resolution ex- Committee on Banking, Housing, and Urban anaphylaxis in schools and early child- pressing the sense of Congress that na- Affairs. hood education programs, to establish tional health care reform should ensure

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.072 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2829 that the health care needs of women disenfranchising voters during the next a voter caging scheme aimed at and of all individuals in the United Federal election, by promptly passing disenfranchising African-American States are met. this bill. voters in Florida. He was later ap- S. RES. 20 During my three decades in the Sen- pointed interim U.S. Attorney for the At the request of Mr. VOINOVICH, the ate, I have devoted a considerable por- Eastern District of Arkansas. name of the Senator from Georgia (Mr. tion of my work to improving demo- Rooting out partisan voter caging CHAMBLISS) was added as a cosponsor of cratic participation and make our gov- tactics requires us to give Federal offi- S. Res. 20, a resolution celebrating the ernment more accessible to all Ameri- cials the tools and resources they need 60th anniversary of the North Atlantic cans. For the past two years, I have to investigate and prosecute organized Treaty Organization. been delighted to have Senator efforts to suppress the right to vote. WHITEHOUSE as a partner on this impor- This bill will do exactly that. S. RES. 60 tant issue. I thank him for his leader- This legislation would prohibit chal- At the request of Mrs. SHAHEEN, the ship on preserving and strengthening lenging a person’s eligibility to vote— name of the Senator from Pennsyl- our voting rights. or register to vote—based on a voter vania (Mr. CASEY) was added as a co- In recent years, we have seen a surge caging list, an unverified match list, or sponsor of S. Res. 60, a resolution com- in a particularly alarming form of foreclosure status. A challenged voter memorating the 10-year anniversary of voter suppression known as voter cag- may feel intimidated or discouraged, the accession of the Czech Republic, ing. In voter caging, a political organi- and may leave a polling site and not the Republic of Hungary, and the Re- zation sends mail to addresses on voter vote. In America, a person should not public of Poland as members of the rolls, compiles a list of returned mail, lose their fundamental right to vote, North Atlantic Treaty Organization. and uses that list as grounds for par- nor have that vote challenged, on the AMENDMENT NO. 615 tisan and unjustified purges or chal- sole basis of a mistake, error, or be- At the request of Mr. ENSIGN, the lenges of voters’ eligibility. During the cause their mail failed to reach them. name of the Senator from Kentucky last two presidential election cycles, Similarly, as the current economic cri- (Mr. BUNNING) was added as a cosponsor we have seen evidence of voter caging sis reminds us, Americans should not of amendment No. 615 proposed to H.R. efforts emerge in numerous States, in- have their fundamental right to vote 1105, a bill making omnibus appropria- cluding Ohio, Florida, Michigan, and jeopardized simply because they lose tions for the fiscal year ending Sep- Pennsylvania. their jobs to layoffs or their homes to tember 30, 2009, and for other purposes. Chief among the problems with voter foreclosure. The bill would also require any pri- f caging is that it threatens to disenfranchise voters in an unreliable vate party who challenges the right of STATEMENTS ON INTRODUCED manner. Rather than preventing votes another citizen to vote—or register to BILLS AND JOINT RESOLUTIONS cast by ineligible voters, far too often vote—to set forth in writing, under By Mr. WHITEHOUSE (for him- the practice prevents legitimate voters penalty of perjury, the specific grounds self, Mr. LEAHY, Mrs. FEIN- from casting their ballots. According for the alleged ineligibility. This provi- STEIN, Mr. FEINGOLD, Mr. NEL- to a recent report from the nonpartisan sion deters illegitimate challenges to SON, of Florida, Mr. KERRY, Mr. Brennan Center for Justice, ‘‘[V]oter voters by requiring, at a minimum, a SCHUMER, Mr. HARKIN, Mr. caging lists are highly likely to include showing of good cause. It properly bal- DODD, Mr. BROWN, and Ms. the names of many voters who are in ances legitimate efforts to clean voting KLOBUCHAR): fact eligible to vote.’’ Of course, since rolls with forbidding unreliable voter purges. S. 528. A bill to prevent voter caging; government databases are often riddled I am pleased that this bill has the to the Committee on Rules and Admin- with typos and clerical errors, these istration. support of civil rights and voting findings are hardly surprising. rights organizations such as the Lead- Mr. LEAHY. Mr. President, this Even more troubling, voter caging ership Conference on Civil Rights, the week, the Nation commemorates the often aims to disenfranchise minority Lawyers Community for Civil Rights 49th anniversary of ‘‘Bloody Sunday,’’ voters. I recall during a Senate race in under Law, the Brennan Center for Jus- a day which marked a crucial turning Louisiana, in 1986, a memorandum tice, and the People for the American point in securing the right to vote for from the Republican National Com- Way. They understand that voter cag- all Americans. On March 7, 1965, in mittee concluded that hiring a consult- ing is a modern-day barrier to the bal- Selma, Alabama, JOHN LEWIS and his ant to distribute 350,000 mailings fellow civil rights activists marched lot box that has created unique prob- marked ‘‘do not forward’’ to mostly Af- lems for legitimate voters for many for their right to vote but were bru- rican-American districts would ‘‘elimi- tally attacked by state troopers on the years, and that a Federal ban on these nate at least 60–80,000 folks from the undemocratic practices is necessary. Edmund Pettus Bridge. We remember rolls . . . [and] could keep the black I hope that this year all Senators the acts of courageous Americans who vote down considerably.’’ That is unac- will support this important legislation fought through the years for equality. ceptable. That is wrong. No one’s right and take firm action to stamp out this We honor their legacy by reaffirming to vote should be abridged, suppressed, intolerable voter suppression tactic. our commitment to protect the right or denied in the United States of Amer- to vote for all Americans. ica. By Mr. LIEBERMAN (for himself, On the week of this important anni- The practice of voter caging chips Mr. BROWNBACK, Mr. UDALL, of versary, I am pleased to join Sen. away at core protections in our democ- New Mexico, Mr. WHITEHOUSE, WHITEHOUSE in introducing the Caging racy. The right to vote, and have your Mr. CARDIN, Mr. SANDERS, Mr. Prohibition Act of 2009. This legisla- vote count, is a foundational right be- KERRY, and Ms. SNOWE): tion contains commonsense reforms to cause it secures the effectiveness of all S. 529. A bill to assist in the Con- strengthen the Nation’s ability to com- other protections. Indeed, the very le- servation of rare fields and rare canids bat organized efforts to suppress the gitimacy of our government is depend- by supporting and providing financial right to vote and better protect the ent on the access all Americans have to resources for the conservation pro- voting rights of countless Americans. the political process. That is why vot- grams of countries within the range of Senator WHITEHOUSE and I introduced ing is the cornerstone of our democ- rare felid and rare canid populations a similar bill two years ago in an effort racy. Any infringement on this right and projects of persons with dem- to bring urgent election reform to pro- harms the fabric of America. onstrated expertise in the conservation tect voters during the 2008 presidential All too often, voter caging efforts of rare felid and rare canid populations; election. Although the Rules Com- have partisan goals. For example, the to the Committee on Environment and mittee held a hearing on the measure, Judiciary Committee’s investigation Public Works. the bill was not reported out of Com- last Congress into the mass firings of Mr. LIEBERMAN. Mr President, I mittee before the Senate adjourned U.S. Attorneys for political reasons rise to speak about the Great Cats and last year. I hope the Senate will do its shed light on how Tim Griffin, a former Rare Canids Act, which I am intro- part to prevent shenanigans from Bush White House aide, participated in ducing today along with my friends

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.047 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2830 CONGRESSIONAL RECORD — SENATE March 5, 2009 Senators SAM BROWNBACK and TOM ance to protect additional great cat tion of the other, and neither resource UDALL. This bipartisan legislation con- and rare canid species that are deter- is routinely considered in developing tinues our tradition of protecting mined to need conservation assistance management policies for the other. As threatened and endangered species in the future. population density continues to in- around the world and comes at a crit- Our bill would authorize $5 million in crease in already water-stressed re- ical time in the survival of these ani- annual spending for the conservation of gions, it is crucial that the United mals. more than a dozen species of great cats States develop new policies that inte- Of the 37 wild felid species worldwide, and rare canines. The Great Cats and grate energy and water solutions so all are currently recognized as species Rare Canids Conservation Fund would that one resource does not undermine in need of protection under the World leverage private conservation dollars the use of the other. Conservation Union, IUCN, Red List, from corporate and non-government Thermal power generation, coal, nat- the lists of species in CITES appendices sources in order to address the critical ural gas, oil, and nuclear, accounts for I, II, and III, or the Endangered Species need to conserve these threatened large 39 percent of freshwater withdrawals in Act of 1973. Of the 35 wild canid species carnivores. Historically, for every $1 the U.S., second only to agriculture-re- worldwide, nearly 50 percent are recog- invested by the Federal Government in lated withdrawals. Water use can range nized as in need of such protection in the programs that are part of the Mul- from 7,500 gallons of water per mega- one of these categories. tinational Species Conservation Fund, watt-hour produced, gal/MWhr, for nat- This legislation would create the there is at least a $3 match by private ural gas plants, to 60,000 gal/MWhr for Great Cats and Rare Canids Conserva- donations. some nuclear facilities. Petroleum re- tion Fund and builds on the success of These funds enable the U.S. Fish and fineries also use a significant amount the Multinational Species Conserva- Wildlife Service to partner with non- of water, and the water demands of the tion Fund, NSCF, which presently pro- profit groups and foreign entities to transportation sector will only in- vides funding to protect tigers, rhinoc- undertake a range of conservation pro- crease as the U.S. seeks to reduce its eroses, elephants, great apes, and ma- grams where threatened and endan- reliance on foreign oil. The two pri- rine turtles. The Great Cats and Rare gered species live. Typical activities to mary options for reducing gasoline Canids Conservation Fund would sup- protect the different species in the use—plug-in hybrids and biofuels—are port the conservation of wild felid and Multinational Species Conservation both more water intensive than gaso- canid populations outside the United Fund include new educational pro- line. By some estimates, plug-in hy- States by providing financial resources grams for local populations to increase brids consume three times more water to conserve 15 such species that are awareness of these species and prevent per mile traveled than conventional vital for their ecological value and are interactions that could be harmful to gasoline vehicles. If the entire produc- listed as endangered or threatened on people and animals, as well as in- tion cycle is considered, some biofuels the IUCN Red List of Endangered Spe- creased monitoring and law enforce- can consume as much as 20 times more cies. The great cats and rare canids in- ment activities to prevent poaching water per mile traveled. Three provi- cluded in this bill are umbrella species and illegal animal trafficking. Great sions of the bill attempt to highlight that, if conserved appropriately, pro- cats are particularly at risk from hunt- and further analyze these issues: a Na- tect their corresponding landscapes ing for trade purposes while rare canids tional Academies study of water use in and other species dependent on those are susceptible to disease, and this bill transportation fuel production and ecosystems. will allow the establishment of pro- electricity generation; the develop- Among the species protected under grams to address these species-specific ment of power plant water use guide- this act are the majestic jaguar of threats. lines by the Department of Energy; and South and Central America, the elusive The genesis of the Great Cats and a directive to the Secretary of Energy snow leopard, the cheetah, the African Rare Canids program is nearly a decade to finalize an energy-water research wild dog, and other rare carnivore spe- old, and the bill under consideration and development roadmap to guide pol- cies. These species are threatened by today was also introduced in the past icy efforts in the future. Better data habitat loss, poaching, disease, and pol- two Congresses. In that time, these will lead to integration of water con- lution. species have continued to decline in The struggle of the African wild dog siderations in the development of en- numbers. I do not think our children ergy policy. is one example of the plight these large and grandchildren will forgive us if we carnivores face. The less than 2,500 stand by and let these magnificent ani- Just as our energy consumption uses adults that remain not only have to mals drift into extinction. With a rel- large amounts of water, the acquisi- combat the widespread misconception atively small investment, we can invig- tion, treatment, and delivery of water that they are livestock killers, but are orate ongoing conservation efforts supplies consumes massive amounts of extremely susceptible to diseases com- around the world. energy. For example, 19 percent of mon in domesticated animals. They California’s electricity consumption is have lost 89 percent their habitat and By Mr. BINGAMAN (for himself for water-related energy uses. Overall, are now found in only 14 of the 39 coun- and Ms. MURKOWSKI): treatment and delivery of municipal tries that comprise their historic S. 531. A bill to provide for the con- water supplies consume 3 percent of range. duct of an in-depth analysis of the im- the nation’s electricity. The bill ad- The snow leopard is another example. pact of energy development and pro- dresses the issue of water-related en- Like all great cats, the snow leopard duction on the water resources of the ergy consumption by directing the Bu- needs a large tract of uninterrupted United States, and for other purposes; reau of Reclamation to evaluate energy land in which to live, but the snow to the Committee on Energy and Nat- use in Reclamation projects and iden- leopard’s habitat in China has been ural Resources. tify ways to reduce such use. The bill fragmented due to human encroach- Mr. BINGAMAN. Mr. President, also directs the Energy Information ment. The cats are also under extreme today I am introducing a bill, with Administration to gather data and re- poaching pressures as their fur is sold Senator MURKOWSKI’s support, that port on the energy consumed by water on the black market. will improve our understanding of the treatment and delivery activities. Once In addition to protecting the species interdependence of energy and water again, better data will lead to im- already listed in the Act, the U.S. Fish and begin integrating decision-making proved decision-making by State, and Wildlife Service has been man- for both resources. The relationship be- local, and Federal water managers. dated to complete a study within two tween energy and water is an often Furthermore, the bill establishes re- years of the bill’s enactment to deter- overlooked but serious issue that is search priorities for the Bureau of Rec- mine what other critically endangered growing in importance. lamation’s Brackish Groundwater De- species could become eligible for con- Energy and water are crucial compo- salination Facility, including renew- servation assistance. The findings of nents of modern life. Production of enable energy integration with desalina- this study will enable the United ergy and freshwater are inextricably tion technologies. To the extent that States to provide conservation assist- linked. Each is required for the produc- renewable energy can be integrated

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.049 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2831 with water treatment and delivery fa- (V) oil shale; the Secretary such sums as are necessary to cilities, public acceptance of new water (VI) tar sands; carry out this section. supply proposals is likely to increase. (VII) domestically produced corn-based SEC. 3. POWER PLANT WATER AND ENERGY EFFI- The bill being introduced today is a ethanol; CIENCY. good first step towards integrating en- (VIII) imported corn-based ethanol; (a) IN GENERAL.—To protect water supplies (IX) advanced biofuels (including ergy and water policy. Such efforts will and promote the efficient use of water in the cellulosic- and algae-based biofuels); electricity production sector, the Secretary, become increasingly necessary as (X) coal to liquids (including aviation fuel, in consultation with the Secretary of the In- growing populations, environmental diesel, and gasoline products); terior and the Administrator of the Environ- needs, and a changing climate continue (XI) electricity consumed in— mental Protection Agency, shall conduct a to affect both energy and water re- (aa) fully electric drive vehicles; and study to identify the best available tech- sources. I look forward to this legisla- (bb) plug-in hybrid vehicles; nologies and related strategies to maximize tion increasing the dialogue on these (XII) hydrogen; and water and energy efficiency in the produc- issues and hope that we can incor- (XIII) any reasonably foreseeable combination of electricity by each type of genera- porate additional ideas as the legislation of any transportation fuel source de- tion. scribed in subclauses (I) through (XII). (b) GENERATION TYPES.—The study shall in- tive process proceeds. (3) ELECTRICITY SECTOR ASSESSMENT.— Mr. President, I ask unanimous conclude an evaluation of different types of gen- (A) IN GENERAL.—The study shall include a eration facilities, including— sent that the text of the bill be printed lifecycle assessment of the quantity of water (1) coal facilities, under which the evalua- in the RECORD. withdrawn and consumed in the production tion shall account for— There being no objection, the text of of electricity to evaluate the ratio that— (A) different types of coal and associated the bill was ordered to be placed in the (i) the quantity of water used and con- generating technologies; and RECORD, as follows: sumed in the production of electricity (meas- (B) the use of technologies designed to S. 531 ured in gallons); bears to minimize and sequester carbon dioxide re- Be it enacted by the Senate and House of Rep- (ii) the quantity of electricity that is pro- leases; resentatives of the United States of America in duced (measured in kilowatt-hours). (2) oil and natural gas facilities, under Congress assembled, (B) SCOPE OF ASSESSMENT.—The assessment which the evaluation shall account for the shall include, as applicable— SECTION 1. SHORT TITLE. use of technologies designed to minimize and This Act may be cited as the ‘‘Energy and (i) the exploration for, or extraction or sequester carbon dioxide releases; Water Integration Act of 2009’’. growing of, energy feedstock; (3) hydropower, including turbine up- (ii) the processing of energy feedstock for SEC. 2. ENERGY WATER NEXUS STUDY. grades, incremental hydropower, in-stream electricity production; and (a) IN GENERAL.—Not later than 90 days hydropower, and pump-storage projects; (iii) the production of electricity. after the date of enactment of this Act, the (4) thermal solar facilities; and (C) GENERATION TYPES.—The assessment Secretary of Energy (referred to in this Act (5) nuclear facilities. shall contain an evaluation and analysis of as the ‘‘Secretary’’), in consultation with the (c) REPORT TO CONGRESS.—Not later than Secretary of the Interior and the Adminis- electricity generation facilities that are con- 18 months after the date of enactment of this trator of the Environmental Protection structed in accordance with different plant Act, the Secretary shall submit to the appro- Agency, shall enter into an arrangement designs (including different cooling tech- priate committees of Congress a report that with the National Academy of Sciences nologies such as water, air, and hybrid sys- contains a description of the results of the under which the Academy shall conduct an tems, and technologies designed to minimize study conducted under this section. in-depth analysis of the impact of energy de- carbon dioxide releases) based on the fuel (d) AUTHORIZATION OF APPROPRIATIONS.— velopment and production on the water re- used by the facility, including— There are authorized to be appropriated to sources of the United States. (i) coal; the Secretary such sums as are necessary to (b) SCOPE OF STUDY.— (ii) natural gas; carry out this section, to remain available (1) IN GENERAL.—The study described in (iii) oil; until expended. subsection (a) shall be comprised of each as- (iv) nuclear energy; SEC. 4. WATER CONSERVATION AND ENERGY sessment described in paragraphs (2) through (v) solar energy; SAVINGS STUDY. (4). (vi) wind energy; (a) DEFINITIONS.—In this section: (2) TRANSPORTATION SECTOR ASSESSMENT.— (vii) geothermal energy; (1) MAJOR RECLAMATION PROJECT.—The (A) IN GENERAL.—The study shall include a (viii) biomass; term ‘‘major Reclamation project’’ means a lifecycle assessment of the quantity of water (ix) the beneficial use of waste heat; and multipurpose project authorized by the Fed- withdrawn and consumed in the production (x) any reasonably foreseeable combination eral Government and carried out by the Bu- of transportation fuels, or electricity, to of any fuel described in clauses (i) through reau of Reclamation. evaluate the ratio that— (ix). (2) SECRETARY.—The term ‘‘Secretary’’ (i) the quantity of water withdrawn and (4) ASSESSMENT OF ADDITIONAL IMPACTS.—In means the Secretary of the Interior, acting consumed in the production of transpor- addition to the impacts associated with the through the Commissioner of Reclamation. tation fuels (measured in gallons), or elec- direct use and consumption of water re- (b) STUDY.— tricity (measured in kilowatts); bears to sources in the transportation and electricity (1) IN GENERAL.—In accordance with para- (ii) the total distance (measured in miles) sectors described in paragraphs (2) and (3), graph (2), to promote the efficient use of en- that may be traveled as a result of the con- the study shall contain an identification and ergy in water distribution systems, the Sec- sumption of transportation fuels, or elec- analysis of any unique water impact associ- retary shall conduct a study to evaluate the tricity. ated with a specific fuel source, including an quantities of energy used in water storage (B) SCOPE OF ASSESSMENT.— impact resulting from— and delivery operations in major Reclama- (i) IN GENERAL.—The assessment shall in- (A) any extraction or mining practice; tion projects. clude, as applicable— (B) the transportation of feedstocks from (2) ELEMENTS.—In conducting the study, (I) the exploration for, and extraction or the point of extraction to the point of proc- the Secretary shall— growing of, energy feedstock; essing; (A) with respect to each major Reclama- (II) the processing of energy feedstock into (C) the transportation of fuel and power tion project— transportation fuel; from the point of processing to the point of (i) assess and estimate the annual energy (III) the generation, transportation, and consumption; and consumption associated with the major Rec- storage of electricity for transportation; and (D) the location of a specific fuel source lamation project; and (IV) the conduct of an analysis of the effi- that is limited to 1 or more specific geo- (ii) identify— ciency with which the transportation fuel is graphical regions. (I) each major Reclamation project that consumed. (c) REPORT TO SECRETARY.—Not later than consumes the greatest quantity of energy; (ii) FUELS.—The assessment shall contain 18 months after the date of enactment of this and an analysis of transportation fuel sources, Act, the National Academy of Sciences shall (II) the aspect of the operation of each including— submit to the Secretary a report that con- major Reclamation project described in sub- (I) domestically produced crude oil (includ- tains a summary of the results of the study clause (I) that is the most energy intensive ing products derived from domestically pro- conducted under this section. (including water storage and releases, water duced crude oil); (d) AVAILABILITY OF RESULTS OF STUDY.— delivery, and administrative operations); and (II) imported crude oil (including products On the date on which the National Academy (B) identify opportunities to significantly derived from imported crude oil); of Sciences completes the study under this reduce current energy consumption and (III) domestically produced natural gas (in- section, the National Academy of Sciences costs with respect to each major Reclama- cluding liquid fuels derived from natural shall make available to the public the re- tion project described in subparagraph (A), gas); sults of the study. including, as applicable, through— (IV) imported natural gas (including liquid (e) AUTHORIZATION OF APPROPRIATIONS.— (i) reduced groundwater pumping; fuels derived from natural gas); There are authorized to be appropriated to (ii) improved reservoir operations;

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.014 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2832 CONGRESSIONAL RECORD — SENATE March 5, 2009 (iii) infrastructure rehabilitation; SEC. 6. ENHANCED INFORMATION ON WATER-RE- fishing industry. Unfortunately, there (iv) water reuse; and LATED ENERGY CONSUMPTION. is an erosion of the vital infrastructure (v) the integration of renewable energy Section 205 of the Department of Energy known as our working waterfronts that generation with project operations. Organization Act (42 U.S.C. 7135) is amended by adding at the end the following: is so critical to our commercial fishing (c) REPORT TO CONGRESS.—Not later than ‘‘(n) WATER-RELATED ENERGY CONSUMP- industries. I have drafted legislation 18 months after the date of enactment of this TION.— that will help combat the loss of com- Act, the Secretary shall submit to the appro- ‘‘(1) IN GENERAL.—Not less than once dur- mercial access to our waterfronts and priate committees of Congress a report that ing each 3-year period, to aid in the under- support the fishing industry’s role in contains a description of the results of the standing and reduction of the quantity of en- study conducted under this section. our maritime heritage. ergy consumed in association with the use of When constituents first called asking (d) AUTHORIZATION OF APPROPRIATIONS.— water, the Administrator shall conduct an me to help them in their efforts to stop There are authorized to be appropriated to assessment under which the Administrator the loss of their fishing businesses and the Secretary such sums as are necessary to shall collect information on energy con- carry out this section, to remain available sumption in various sectors of the economy the communities built around this in- until expended. that are associated with the acquisition, dustry, I learned that no Federal program exists that supports preserving or SEC. 5. BRACKISH GROUNDWATER NATIONAL DE- treatment, or delivery of water. SALINATION RESEARCH FACILITY. ‘‘(2) REQUIRED SECTORS.—An assessment de- increasing waterfront access for the scribed in paragraph (1) shall contain an commercial fishing industry. This is (a) DEFINITIONS.—In this section: analysis of water-related energy consump- (1) FACILITY.—The term ‘‘facility’’ means especially disheartening because every tion for all relevant sectors of the economy, the Brackish Groundwater National Desali- week we are losing more of our work- including water used for— nation Research Facility, located in Otero ing waterfronts in this country. Quite ‘‘(A) agricultural purposes; County, New Mexico. simply, once lost, these vital economic ‘‘(B) municipal purposes; (2) SECRETARY.—The term ‘‘Secretary’’ ‘‘(C) industrial purposes; and and community hubs of commercial means the Secretary of the Interior. ‘‘(D) domestic purposes. fishing activity cannot be replaced. (b) DUTY OF SECRETARY.—The Secretary ‘‘(3) EFFECT.—Nothing in this subsection That is why I am introducing the shall operate, manage, and maintain the fa- affects the authority of the Administrator to Working Waterfront Preservation Act. cility to carry out research, development, collect data under section 52 of the Federal This legislation would create a pro- and demonstration activities to develop Energy Administration Act of 1974 (15 U.S.C. gram to support our Nation’s commer- technologies and methods that promote 790a).’’. cial fisherman and the coastal commu- brackish groundwater desalination as a via- SEC. 7. ENERGY-WATER RESEARCH AND DEVEL- nities that are at risk of losing their ble method to increase water supply in a OPMENT ROADMAP. cost-effective manner. fishing businesses. (a) IN GENERAL.—Not later than 90 days The need for such a program is dem- after the date of enactment of this Act, the (c) OBJECTIVES; ACTIVITIES.— onstrated by the loss of commercial (1) OBJECTIVES.—The Secretary shall oper- Secretary shall develop a document to be ate and manage the facility as a state-of-the- known as the ‘‘Energy-Water Research and waterfront access occurring in Maine. art desalination research center— Development Roadmap’’ to define the future Only 25 of Maine’s 3,500 miles of coast- (A) to develop new water and energy tech- research, development, demonstration, and line are devoted to commercial access. nologies with widespread applicability; and commercialization efforts that are required We are continually seeing portions of (B) to create new supplies of usable water to address emerging water-related challenges Maine’s working waterfront being sold for municipal, agricultural, industrial, or en- to future, cost-effective, reliable, and sus- off to the highest bidder—with large vironmental purposes. tainable energy generation and production. vacation homes and condominiums ris- (2) ACTIVITIES.—In operating, managing, (b) REPORT.—Not later than 120 days after ing in places that our fishing industry and maintaining the facility under sub- the date of enactment of this Act, the Sec- retary shall submit to the appropriate com- used to call home. section (b), the Secretary shall carry out— The reasons for the loss of Maine’s (A) as a priority, the development of re- mittees of Congress a report describing the newable energy technologies for integration document described in subsection (a), includ- working waterfront are complex. In with desalination technologies— ing recommendations for any future action some cases, burdensome fishing regula- (i) to reduce the capital and operational with respect to the document. tions have led to a decrease in land- costs of desalination; ings, hindering the profitability of (ii) to minimize the environmental impacts By Ms. COLLINS (for herself, Mr. shore-side infrastructure, like the of desalination; and KENNEDY, and Ms. SNOWE): Portland Fish Exchange. In other (iii) to increase public acceptance of desali- S. 533. A bill to amend the Coastal cases, soaring land values and rising nation as a viable water supply process; Zone Management Act of 1972 to estab- taxes have made the current use of (B) research regarding various desalination lish a grant program to ensure water- commercial land unprofitable. Prop- processes, including improvements in reverse front access for commercial fisherman, erty is being sold and quickly con- and forward osmosis technologies; and for other purposes; to the Com- (C) the development of innovative methods verted into private spaces and second and technologies to reduce the volume and mittee on Finance. homes that are no longer the center of cost of desalination concentrated wastes in Ms. COLLINS. Mr. President, I rise economic activity. With each conver- an environmentally sound manner; today to introduce two bills that will sion of commercial waterfront access (D) an outreach program to create partner- improve the lives of our Nation’s fish- to private development, a piece of ships with States, academic institutions, pri- ermen who are struggling to make a Maine’s proud maritime tradition is vate entities, and other appropriate organi- living at sea. irretrievably lost. zations to conduct research, development, The fishing industry in New England Maine’s lack of commercial water- and demonstration activities, including the is an important part of our heritage. front prompted the formation of a establishment of rental and other charges to From our nation’s earliest days, fish- provide revenue to help offset the costs of ‘‘Working Waterfront Coalition.’’ This operating and maintaining the facility; and ing has served as an economic driver coalition was comprised of an impres- (E) an outreach program to educate the that has allowed our nation to prosper. sive number of industry associations, public on— Maine’s proud fishing heritage is woven nonprofit groups, and State agencies, (i) desalination and renewable energy tech- deeply into the cultural fabric of our who came together to preserve Maine’s nologies; and state. Sadly, the global economic working waterfront. (ii) the benefits of using water in an effi- downturn and heavy-handed federal I am pleased to note that the Work- cient manner. regulations threaten the economic sta- ing Waterfront Coalition was success- (d) AUTHORITY OF SECRETARY.—The Sec- bility of this venerable industry. To at- ful in contributing to the creation of retary may enter into contracts or other tempt to assist our fishing families, I two programs in Maine. The first is a agreements with, or make grants to, appro- am pleased to be joined by my col- tax incentive for property owners to priate entities to carry out this section, including an agreement with an academic in- league from Massachusetts, Senator keep their land in its current working stitution to manage research activities at KENNEDY, in introducing the Working waterfront state. The second is a pilot the facility. Waterfront Preservation Act and the program for grant funding to secure (e) AUTHORIZATION OF APPROPRIATIONS.— Commercial Fishermen Safety Act. and preserve working waterfront areas. There are authorized to be appropriated such All along our Nation’s coasts there Since 2006, the Working Waterfront Ac- sums as are necessary to carry out this sec- are harbors that were once full of the cess Pilot Program has secured 11 prop- tion, to remain available until expended. hustle and bustle associated with the erties totaling more than 25 acres of

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.052 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2833 land that supports more than 300 boats, been made worse by the growing eco- By Mr. WYDEN: 400 fishing industry jobs, and more nomic crisis, which only adds to the S. 536. A bill to amend the Clean Air than $26 million in income directly as- dangers associated with fishing. Act to modify the definition of the sociated with our working waterfronts. Year-in and year-out, commercial term ‘‘renewable biomass’’; to the The State of Maine has taken positive fishing ranks among the nation’s most Committee on Environment and Public action to save its waterfronts and is a dangerous occupations. Fatality rate Works. model for other States in the country data compiled by the Census of Fatal Mr. WYDEN. Mr. President, there is facing this problem. Occupational Injuries program for 2007 an old saying about ‘‘not seeing the This work is not, however, finished. has, once again, listed fishing as hav- forest for the trees’’ that applies to the The loss of commercial waterfront ac- ing the highest fatality rate among se- current myopic policies on biomass cess affects the fishing industry lected occupations. While I am encour- from Federal lands. Right now, instead throughout all coastal states. And a aged that 2007 saw a drop in the num- of helping to provide part of the solu- modest Federal investment could do so ber of occupational-related fatalities in tion to our Nation’s dependence on for- much to save these areas. Preservation the fishing industry, we must be doing eign oil, biomass from Federal lands al- of the working waterfront is essential more to save lives at sea. lowed to build up in the woods or worse to protect a way of life that is unique The New England fishing community become fuel for catastrophic fires. In- to our coastal States and is vital to is no stranger to tragedy. Just this stead of being part of the solution for economic development along the coast. year, the Patriot, a 54-foot fishing boat energy independence, it is creating a Fishermen are being pushed out of the out of Gloucester, MA, sunk off the problem for forest management and waterfront as their profitability coast of Massachusetts without warn- communities that border on Federal shrinks and land values soar. Our legis- ing. The ship’s captain Matteo Russo forests. I rise today to introduce a bill that lation targeting this exact problem, as and crew member John Orlando, who would allow woody debris and plant no Federal program exists to assist were lost in the incident, were unable to send a mayday call in the early material—or ‘‘biomass’’—from Federal States like Maine, Florida, Wash- morning of January 3, 2009. The unex- lands to become part of the solution to ington, and Louisiana. America’s energy problems and to cre- The Working Waterfront Preserva- plained circumstance of their deaths ate new economic opportunities to help tion Act would assist by providing Fed- offers little solace to the families and sustain our rural communities. This eral grant funding to municipal and communities that loved them. What is legislation would amend the Clean Air State governments, non-profit organi- clear is that preventing further loss of Act to modify the definition of the zations, and fishermen’s cooperatives life requires that we do all we can to promote safety at sea. term ‘‘renewable biomass’’ contained for the purchase of property or ease- Coast Guard regulations require all in the Federal Renewable Fuel Stand- ments or for the maintenance of work- fishing vessels to carry safety equip- ard so that biomass from Federal lands ing waterfront facilities. The bill con- ment. The requirements vary depend- is eligible as a fuel source under this tains a $50 million authorization for ing on factors such as the size of the standard. grants that would require a 25 percent vessel, the temperature of the water, Today, biomass from Federal lands local match. Applications for grants and the distance the vessel travels cannot be counted as a renewable would be considered by both the De- from shore to fish. Required equipment transportation fuel. The change I am partment of Commerce and State fish- can include a liferaft that automati- proposing would help tackle a number eries agencies, which have the local ex- cally inflates and floats free, should of critical problems—expanding the pertise to understand the needs of each the vessel sink. Other life-saving equip- universe of biomass that can be used coastal State. Grant recipients would ment includes: personal flotation de- for fuel, helping pay for programs to agree not to convert coastal properties vices or immersion suits which help reduce dangerous levels of dead and to noncommercial uses, as a condition protect fishermen from exposure and dying trees that fuel wildfires, of receiving Federal assistance. increase buoyancy; EPIRBs, which thinning unhealthy, second growth for- This legislation also includes a tax relay a downed vessel’s position to ests, providing low-carbon fuels to ad- component. When properties or ease- Coast Guard Search and Rescue Per- dress climate change, and create jobs ments are purchased, sellers would sonnel; visual distress signals; and fire in increasingly difficult economic only be taxed on half of the gain they extinguishers. times. receive from this sale. This is a vital When an emergency arises, safety The reason we need this legislation aspect of my bill because it would di- equipment is priceless. At all other goes back to the 2007 energy bill—the minish the pressure to quickly sell wa- times, the cost of purchasing or main- Energy Independence and Security Act terfront property that would then, taining this equipment must compete of 2007. In that legislation, the Con- most likely, be converted to non- with other expenses such as loan pay- gress dramatically expanded the Fed- commercial uses, and would increase ments, fuel, wages, maintenance, and eral mandate for the use of renewable the incentives for sellers to take part insurance. biofuels, such as ethanol from corn and in this grant program. This is espe- The Commercial Fishermen Safety cellulose, and biodiesel. Unfortunately, cially important given that the appli- Act of 2007 provides a tax credit equal this legislation included a definition of cation process for Federal grants does to 75 percent of the amount paid by renewable biomass that is now part of not keep pace with the coastal real es- fishermen to purchase or maintain re- the Clean Air Act which excluded slash tate market. quired safety equipment. The tax cred- and thinning byproducts from Federal This legislation is crucial for our Na- it is capped at $1500. Items such as lands—all Federal lands. This occurred tion’s commercial fisheries, which are EPIRBs and immersion suits cost hun- despite the bipartisan work we had un- coming under increasing pressures dreds of dollars, while liferafts can dertaken here in the Senate and in the from many fronts. This new grant pro- reach into the thousands. The tax cred- Energy and Natural Resources Com- gram would preserve important com- it will make life-saving equipment mittee to come up with a more commercial infrastructure and promote more affordable for more fishermen, monsense definition. The result is that economic development along our coast. who currently face limited options biomass from millions of acres of Fed- Second, I am introducing the Com- under the federal tax code. eral lands are arbitrarily excluded mercial Fishermen Safety Act of 2009, a We have seen far too many tragedies from serving as feedstock for the very bill to help fishermen purchase the life- in this occupation. Please, let us sup- renewable biofuels that the mandate saving safety equipment they need to port fishermen who are trying to pre- requires. survive when disaster strikes. pare in case disaster strikes. Safety Changing the definition of ‘‘renew- Every day, members of our fishing equipment saves lives. By providing a able biomass’’ for the renewable fuels communities struggle to cope with the tax credit for the purchase of safety standard is very important to states pressures of running a small business, equipment, Congress can help ensure like Oregon, where the Federal Govern- complying with burdensome regula- that fishermen have a better chance of ment owns much of the land and where tions, and maintaining their vessels returning home each and every time our forests are choked and over- and equipment. These challenges have they head out to sea. stocked. Critical work needs to take

VerDate Nov 24 2008 03:00 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.074 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2834 CONGRESSIONAL RECORD — SENATE March 5, 2009 place in these forests and utilizing the Mr. President, I ask unanimous con- forced to agree to a provision that pro- excess biomass—small diameter trees, sent that the text of the bill be printed hibits him or her from revealing infor- limbs and debris—for energy will help in the RECORD. mation disclosed during the litigation. us get that work accomplished while There being no objection, the text of Plaintiffs get a respectable award, getting us the added benefit of green the bill was ordered to be printed in and the defendant is able to keep dam- energy. These byproducts are often a the RECORD, as follows: aging information from getting out. critical energy source for rural Ameri- S. 536 Because they remain unaware of crit- cans, who use them in environ- Be it enacted by the Senate and House of Rep- ical public health and safety informa- mentally-friendly wood pellet stoves. resentatives of the United States of America in tion that could potentially save lives, But more importantly, they are part of Congress assembled, the American public incurs the great- the future of clean, renewable fuels—as SECTION 1. RENEWABLE BIOMASS. est cost. further development of cellulosic eth- (a) SENSE OF CONGRESS.—It is the sense of This concern about excessive secrecy anol will allow us to use these waste Congress that Congress should seek to estab- is warranted by the fact that tobacco materials reclaimed literally from the lish a consistent definition for the term ‘‘re- companies, automobile manufacturers, forest and mill floors. Conversely, by newable biomass’’. and pharmaceutical companies have excluding biomass from Federal lands, (b) RENEWABLE BIOMASS.—Section settled with victims and used the legal 211(o)(1)(I) of the Clean Air Act (42 U.S.C. the existing mandate places ever more 7545(o)(1)(I)) is amended— system to hide information which, if it weight on the use of biomass from (1) by redesignating clauses (v) through became public, could protect the Amer- other sources, including the use of (vii) as clauses (vi) through (viii), respec- ican people from future harms. Surely, food-based corn and grains and private tively; there are appropriate uses for such or- forests. (2) by inserting after clause (iv) the fol- ders, like protecting trade secrets and My bill seeks to utilize biomass from lowing: other truly confidential company in- Federal lands in an environmentally ‘‘(v) Slash and precommercial sized formation. This legislation makes sure responsible way. It will protect those thinnings harvested— such information is protected. But, ‘‘(I) in environmentally sustainable quan- natural resources that need to be pro- protective orders are certainly not sup- tected, while allowing renewable bio- tities, as determined by the appropriate Fed- eral land manager; and posed to be used for the sole purpose of mass from Federal lands to contribute ‘‘(II) from National Forest System land or hiding damaging information from the to our Nation’s energy mix. First, my public land (as defined in section 103 of the public, to protect a company’s reputa- bill would allow biomass from National Federal Land Policy and Management Act of tion or profit margin. Forests and Bureau of Land Manage- 1976 (43 U.S.C. 1702), other than— One of the most famous cases of ment forests to qualify as renewable ‘‘(aa) components of the National Wilder- abuse of secrecy orders involved biomass under the Federal Renewable ness Preservation System; Bridgestone/Firestone tires. From 1992– Fuels Standard, but it would continue ‘‘(bb) wilderness study areas; 2000, tread separations of various to exclude old growth and biomass ‘‘(cc) inventoried roadless areas and all unroaded areas of at least 5,000 acres; Bridgestone and Firestone tires caused from National Parks, Wilderness Areas accidents across the country, many re- and other environmentally protected ‘‘(dd) old growth stands; ‘‘(ee) components of the National Land- sulting in serious injuries and even fa- areas. Second, the bill would require scape Conservation System; and talities. Instead of owning up to their Federal land managers to ensure that ‘‘(ff) national monuments.’’; and mistakes and acting responsibly, the quantities of biomass harvested (3) by striking clause (vi) (as redesignated Bridgestone/Firestone quietly settled even from these eligible National For- by paragraph (1)) and inserting the following: dozens of lawsuits, most of which in- est and BLM lands are sustainable. ‘‘(vi) Biomass obtained on land in any own- cluded secrecy agreements. It was not While biomass holds great potential as ership from the immediate vicinity of any until 1999, when a Houston public tele- a clean source of energy, I want to en- building, camp, or public infrastructure fa- vision station broke the story, that the sure that it gets harvested at levels cility (including roads), at risk from wild- that are truly sustainable and that fire.’’. company acknowledged its wrongdoing biofuels and bioenergy projects depend- and recalled 6.5 million tires. By then, By Mr. KOHL (for himself and ent on renewable biomass are sized ap- it was too late. More than 250 people Mr. GRAHAM): propriately so that we protect our for- had died and more than 800 were in- S. 537. A bill to amend chapter 111 of ests and natural resources and ensure jured as a result of the defective tires. tire 28, United States Code, relating to If the story ended there, and the that biofuels production facilities will protective orders, sealing of cases, dis- Bridgestone/Firestone cases were just not wither and die because of inad- closures of discovery information in equate feedstock supplies. an aberration, one might argue that I want to be clear that my legislation civil actions, and for other purposes; to there is no urgent need for legislation. only addresses the question of how the the Committee on the Judiciary. But, unfortunately, the list of abuses Renewable Fuel Standard treats bio- Mr. KOHL. Mr. President, I rise goes on. There is the case of General mass from Federal lands. It does not today to introduce the Sunshine in Motors. Although an internal memo and it is not intended to reopen or Litigation Act of 2009, a bill that will demonstrated that GM was aware of overhaul the Renewable Fuels Stand- curb the ongoing abuse of secrecy or- the risk of fire deaths from crashes of ard as a whole. It is simply a targeted ders in Federal courts. The result of pickup trucks with ‘‘side saddle’’ fuel fix for our Federal public lands. this abuse, which often comes in the tanks, an estimated 750 people were As we move forward with new energy form of sealed settlement agreements, killed in fires involving trucks with legislation and work on developing ad- is to keep important health and safety these fuel tanks. When victims sued, ditional green energy solutions, I want information hidden from the public. GM disclosed documents only under to ensure that renewable biomass is This problem has been recurring for protective orders, and settled these genuinely one of those solutions, in- decades, and most often arises in prod- cases on the condition that the infor- cluding biomass from Federal lands. It uct liability cases. Typically, an indi- mation in these documents remained is my hope that beyond fixing the defi- vidual brings a cause of action against secret. This type of fuel tank was in- nition in the Clean Air Act for the Re- a manufacturer for an injury or death stalled for 15 years before being discon- newable Fuels Standard, Congress will that has resulted from a defect in one tinued. include a comparable definition in leg- of its products. The injured party often Evidence suggests that the dangers islation addressing climate change and faces a large corporation that can posed by protective orders and secret renewable electricity production re- spend a virtually unlimited amount of settlements continue. On December 11, quirements. money defending the lawsuit, pro- 2007, at a hearing before the Senate Ju- I look forward to working with my longing the time it takes to reach reso- diciary Committee Subcommittee on colleagues here in the Senate and in lution. Facing a formidable opponent Antitrust, Competition Policy and the House of Representatives to ad- and mounting medical bills, a plaintiff Consumer Rights, Johnny Bradley Jr. vance a biomass definition that bal- often has no choice but to settle the described his tragic personal story that ances sound energy policy with prac- litigation. In exchange for the award demonstrates the implications of court tical and sensible use of our forests. he or she was seeking, the victim is endorsed secrecy. In 2002, Mr. Bradley’s

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.058 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2835 wife was killed in a rollover accident While some states have already makes a separate finding of fact that the re- allegedly caused by tread separation in begun to move in the right direction, quirements of paragraph (1) have been met. his Cooper tires. While litigating the we still have a long way to go. It is ‘‘(3) The party who is the proponent for the case, his attorney uncovered docu- entry of an order, as provided under this sec- time to initiate a Federal solution for tion, shall have the burden of proof in ob- mented evidence of Cooper tire design this problem. The Sunshine in Litiga- taining such an order. defects. Through aggressive litigation tion Act is a modest proposal that ‘‘(4) This section shall apply even if an of protective orders and confidential would require federal judges to perform order under paragraph (1) is requested— settlements in cases prior to the Brad- a simple balancing test to ensure that ‘‘(A) by motion pursuant to rule 26(c) of leys’ accident, Cooper had managed to in any proposed secrecy order, the de- the Federal Rules of Civil Procedure; or keep the design defect documents con- fendant’s interest in secrecy truly out- ‘‘(B) by application pursuant to the stipu- fidential. Prior to the end of Mr. Brad- lation of the parties. weighs the public interest in informa- ‘‘(5)(A) The provisions of this section shall ley’s trial, Cooper Tires settled with tion related to public health and safe- not constitute grounds for the withholding him on the condition that almost all ty. of information in discovery that is otherwise litigation documents would be kept Specifically, prior to making any discoverable under rule 26 of the Federal confidential under a broad protective portion of a case confidential or sealed, Rules of Civil Procedure. order. With no access to documented a judge would have to determine—by ‘‘(B) No party shall request, as a condition evidence of design defects, consumers making a particularized finding of for the production of discovery, that another will continue to remain in the dark fact—that doing so would not restrict party stipulate to an order that would violate this section. about this life-threatening defect. the disclosure of information relevant In 2005, the drug company Eli Lilly ‘‘(b)(1) A court shall not approve or enforce to public health and safety. Moreover, any provision of an agreement between or settled 8,000 cases related to harmful all courts, both Federal and State, among parties to a civil action, or approve or side effects of its drug Zyprexa. All of would be prohibited from issuing pro- enforce an order subject to subsection (a)(1), those settlements required plaintiffs to tective orders that prevent disclosure that prohibits or otherwise restricts a party agree ‘‘not to communicate, publish or to relevant regulatory agencies. from disclosing any information relevant to cause to be published . . . any state- This legislation does not prohibit se- such civil action to any Federal or State ment . . . concerning the specific crecy agreements across the board. It agency with authority to enforce laws regu- events, facts or circumstances giving lating an activity relating to such informa- does not place an undue burden on tion. rise to [their] claims.’’ In those cases, judges or our courts. It simply states ‘‘(2) Any such information disclosed to a the plaintiffs uncovered documents that where the public interest in dis- Federal or State agency shall be confidential which showed that, through its own re- closure outweighs legitimate interests to the extent provided by law. search, Lilly knew about the harmful in secrecy, courts should not shield im- ‘‘(c)(1) Subject to paragraph (2), a court side effects as early as 1999. While the portant health and safety information shall not enforce any provision of a settle- plaintiffs kept quiet, Lilly continued from the public. The time to focus ment agreement described under subsection (a)(1) between or among parties that pro- to sell Zyprexa and generated $4.2 bil- some sunshine on public hazards to lion in sales in 2005. More than a year hibits 1 or more parties from— prevent future harm is now. ‘‘(A) disclosing that a settlement was later, information about the case was Mr. President, I ask unanimous con- reached or the terms of such settlement, leaked to the New York Times and an- sent that the text of the bill be printed other than the amount of money paid; or other 18,000 cases settled. Had the first in the RECORD. ‘‘(B) discussing a case, or evidence pro- settlement not included a secrecy There being no objection, the text of duced in the case, that involves matters re- agreement, consumers would have been the bill was ordered to be printed in lated to public health or safety. ‘‘(2) Paragraph (1) does not apply if the able to make informed choices and the RECORD, as follows: avoid the harmful side effects, includ- court has made findings of fact that the pub- S. 537 lic interest in the disclosure of potential ing enormous weight gain, dangerously Be it enacted by the Senate and House of Rep- health or safety hazards is outweighed by a elevated blood sugar levels, and diabe- resentatives of the United States of America in specific and substantial interest in main- tes. Congress assembled, taining the confidentiality of the informa- This very issue is currently before a SECTION 1. SHORT TITLE. tion. Federal judge in Orlando, FL. There, This Act may be cited as the ‘‘Sunshine in ‘‘(d) When weighing the interest in main- the court is faced with deciding wheth- Litigation Act of 2009’’. taining confidentiality under this section, there shall be a rebuttable presumption that er AstraZeneca can keep under seal SEC. 2. RESTRICTIONS ON PROTECTIVE ORDERS the interest in protecting personally identi- clinical studies about the harmful side AND SEALING OF CASES AND SET- effects of an antipsychotic drug, TLEMENTS. fiable information relating to financial, (a) IN GENERAL.—Chapter 111 of title 28, health or other similar information of an in- Seroquel. Plaintiffs’ lawyers and dividual outweighs the public interest in dis- Bloomberg News sued to force United States Code, is amended by adding at the end the following: closure. AstraZeneca to make public documents ‘‘(e) Nothing in this section shall be con- discovered in dismissed lawsuits. Late ‘‘§ 1660. Restrictions on protective orders and strued to permit, require, or authorize the sealing of cases and settlements last month, the court unsealed some of disclosure of classified information (as de- the documents at question, and is still ‘‘(a)(1) A court shall not enter an order fined under section 1 of the Classified Infor- under rule 26(c) of the Federal Rules of Civil deciding whether to unseal the remain- mation Procedures Act (18 U.S.C. App.)).’’. Procedure restricting the disclosure of infor- (b) TECHNICAL AND CONFORMING AMEND- der of the documents. This is exactly mation obtained through discovery, an order MENT.—The table of sections for chapter 111 the sort of case where we need judges approving a settlement agreement that of title 28, United States Code, is amended by to consider public health and safety would restrict the disclosure of such infor- adding after the item relating to section 1659 when deciding whether to allow a se- mation, or an order restricting access to the following: crecy order. court records in a civil case unless the court ‘‘1660. Restrictions on protective orders and There are no records kept of the has made findings of fact that— sealing of cases and settle- number of confidentiality orders ac- ‘‘(A) such order would not restrict the dis- ments.’’. closure of information which is relevant to cepted by State or Federal courts. SEC. 3. EFFECTIVE DATE. the protection of public health or safety; or However, anecdotal evidence suggests The amendments made by this Act shall— ‘‘(B)(i) the public interest in the disclosure (1) take effect 30 days after the date of en- that court secrecy and confidential set- of potential health or safety hazards is out- tlements are prevalent. Beyond Gen- actment of this Act; and weighed by a specific and substantial inter- (2) apply only to orders entered in civil ac- eral Motors, Bridgestone/Firestone, est in maintaining the confidentiality of the tions or agreements entered into on or after Cooper Tire, Zyprexa and Seroquel, se- information or records in question; and such date. crecy agreements have also had real ‘‘(ii) the requested protective order is no life consequences by allowing Dalkon broader than necessary to protect the pri- By Mrs. LINCOLN (for herself, Shield, Bjork-Shiley heart valves, and vacy interest asserted. ‘‘(2) No order entered in accordance with Mr. COCHRAN, Mr. LEAHY, Mr. numerous other dangerous products paragraph (1), other than an order approving MENENDEZ, and Mr. PRYOR): and drugs to remain in the market. a settlement agreement, shall continue in ef- S. 538. A bill to increase the recruit- And those are only the ones we know fect after the entry of final judgment, unless ment and retention of school coun- about. at the time of, or after, such entry the court selors, school social workers, and

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.055 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2836 CONGRESSIONAL RECORD — SENATE March 5, 2009 school psychologists by low-income ers the assistance they need so they (8) The American School Counselor Asso- local educational agencies; to the Com- can concentrate on providing the aca- ciation and American Counseling Associa- mittee on Health, Education, Labor, demic instruction our children need. tion recommend having at least 1 school and Pensions. By taking these steps to improve stu- counselor for every 250 students. Mrs. LINCOLN. Mr. President, on be- (9) The School Social Work Association of dent access to school counselors, America recommends having at least 1 half of children in lower-income school social workers, and school psy- school social worker for every 400 students. schools across our nation, I rise today chologists, I am confident we can make (10) The National Association of School to introduce the Increased Student strides in raising academic achieve- Psychologists recommends having at least 1 Achievement through Increased Stu- ment in schools across the country. school psychologist for every 1,000 students. dent Support Act. As we move forward, I want to en- (11) Recent research of victimization of Each day, teachers in our schools are courage my colleagues to support children ages 2 to 17 suggests that more than tasked not only with addressing the America’s children by supporting this one-half of the children experienced a phys- academic needs of students, but also ical assault in the study year. More than 1 in important piece of legislation. 4 experienced a property offense, more than with the behavioral, social, and emo- Mr. President, I ask unanimous con- 1 in 8 experienced a form of child maltreat- tional needs of the children in their sent that the text of the bill be printed ment, 1 in 12 experienced a sexual victimiza- classrooms. When they are left to ad- in the RECORD. tion, and more than 1 in 3 had been a witness dress these emotional and behavioral There being no objection, the text of to violence or experienced another form of issues, they have less time to deliver the bill was ordered to be placed in the indirect victimization. Only 29 percent of the high quality academic instruction to RECORD, as follows: children had no direct or indirect victimization. the rest of the students in their class. S. 538 Additionally, teachers often do not (12) Principals and teachers see signs of Be it enacted by the Senate and House of Rep- trauma-related stress in many students in- have the training or expertise to deal resentatives of the United States of America in cluding hostile outbursts, sliding grades, with many of the emotional issues Congress assembled, poor test performance, and the inability to their students face. Children over- SECTION 1. SHORT TITLE. pay attention. coming mental illness or family issues This Act may be cited as the ‘‘Increased (13) It is estimated, based on recent data such as the deployment of a parent to Student Achievement Through Increased on the number of children in foster care, a war zone, homelessness, or domestic Student Support Act’’. that more than 500,000 children are in the abuse, need the assistance of a trained SEC. 2. FINDINGS. foster care system each year, with 289,000 professional, such as a school psycholo- Congress finds the following: exiting the system each year due to aging out or adoption. gist, school counselor, or school social (1) Research shows that socioeconomic sta- worker. tus and family background characteristics SEC. 3. PURPOSE. While student support services pro- are highly correlated with educational out- The purpose of this Act is to increase the comes, with a concentration of low-per- vided by these support personnel are recruitment and retention of school coun- forming schools in low-income and under- selors, school social workers, and school psy- readily available in many school dis- served communities. chologists by low-income local educational tricts, other low-income schools often (2) Teachers cite poor working conditions, agencies in order to— lack access to these support personnel. student behavior, lack of student motiva- (1) support all students who are at risk of Too many schools in low-income rural tion, and lack of administrative support as negative educational outcomes; and urban areas have to share school key reasons why they choose to leave the (2) improve student achievement, which counselors, social workers, and psy- teaching profession. may be measured by growth in academic chologists with many schools in the (3) Teachers and principals working for achievement on tests required by the appli- low-income local educational agencies are area, limiting their students’ access to cable State educational agency, persistence increasingly tasked with addressing not only rates, graduation rates, and other appro- these services and placing an unneces- the academic needs of a child, but also the priate measures; sary burden on our teachers and our social, emotional, and behavioral needs of a (3) improve retention of teachers who are students. child that require the services of a school highly qualified; That is why I rise today along with counselor, school social worker, and school (4) increase and improve outreach and col- my colleagues Senators COCHRAN, psychologist, and these needs often interfere laboration between school counselors, school LEAHY, MENENDEZ, and PRYOR to en- with delivering quality instruction and rais- social workers, and school psychologists and thusiastically offer the Increased Stu- ing student achievement. parents and families served by low-income dent Achievement through Increased (4) Rates of abuse and neglect of young local educational agencies; children in military families have doubled Student Support Act. This bill will au- (5) increase and improve collaboration with the increased military involvement of among teachers, principals, school coun- thorize grant funding to form partner- the United States abroad since October 2002; selors, school social workers, and school psy- ships between higher education institu- likewise, adolescents with deployed parents chologists and improve professional develop- tions that train school guidance coun- report increased perceptions of uncertainty ment opportunities for teachers and prin- selors, social workers, and psycholo- and loss, role ambiguity, negative changes in cipals in the area of strategies related to im- gists and qualified rural and urban low- mental and behavioral health, and increased proving classroom climate and classroom income Local Education Agencies to relationship conflict, raising concerns about management; and train and place these important school the impact of deployment on military per- (6) improve working conditions for all sonnel and their families and whether school personnel. support professionals in under-served schools that serve a large number of children schools across the country. SEC. 4. GRANT PROGRAM TO INCREASE THE with deployed parents have sufficient staff NUMBER OF SCHOOL COUNSELORS, This bipartisan bill also authorizes and expertise to meet these challenges. SCHOOL SOCIAL WORKERS, AND grant funding to universities to recruit (5) Children of military families in rural SCHOOL PSYCHOLOGISTS EM- and hire faculty to train graduate stu- communities are often geographically iso- PLOYED BY LOW-INCOME LOCAL dents to become school counselors, lated, and schools that were already experi- EDUCATIONAL AGENCIES. school social workers, and school psy- encing understaffing of school counselors, (a) GRANT PROGRAM AUTHORIZED.—The Sec- chologists. Additionally, it provides school social workers, and school psycholo- retary of Education shall award grants on a gists face even greater challenges meeting competitive basis to eligible partnerships tuition credits to such graduate stu- the increased needs of students enduring the that receive recommendations from the peer dents, and offers student loan forgive- stress that comes along with having a de- review panel established under subsection ness to program graduates employed as ployed parent or parents. (d), to enable such partnerships to carry out school counselors, social workers, or (6) Schools served by low-income local edu- pipeline programs to increase the number of psychologists by rural or urban low-in- cational agencies suffer disproportionately school counselors, school social workers, and come Local Education Agencies for a from a lack of services, with many schools school psychologists employed by low-in- minimum of five years. sharing a single school counselor, school so- come local educational agencies by carrying By increasing the number of student cial worker, or school psychologist with out any of the activities described by subsection (g). support personnel in our country’s neighboring schools. (7) Too few school counselors, school social (b) GRANT PERIOD.—A grant awarded under under-served schools, we will provide workers, and school psychologists per stu- this section shall be for a 5-year period and students with the social and emotional dent means that such personnel are often un- may be renewed for additional 5-year periods support they need to succeed in the able to effectively address the needs of stu- upon a showing of adequate progress, as the classroom. We will also provide teach- dents. Secretary determines appropriate.

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(c) APPLICATION.—To be eligible to receive each of the three professions of school coun- (5) to recruit, hire, and pay faculty as nec- a grant under this section, an eligible grad- seling, school social work, and school psy- essary to increase the capacity of a partici- uate institution, on behalf of an eligible chology; and pating eligible graduate institution to train partnership, shall submit to the Secretary a (3) to the extent practicable, equitably dis- graduate students in the fields of school grant application, including— tribute the grants among eligible partner- counseling, school social work, and school (1) an assessment of the existing ratios of ships that include an urban low-income local psychology; school counselors, school social workers, and educational agency and partnerships that in- (6) to develop coursework that will— school psychologists to students enrolled in clude a rural low-income local educational (A) encourage a commitment by graduate schools in each low-income local educational agency, with a minimum of 16.3 percent of students in school counseling, school social agency that is part of the eligible partner- the funds (representing the percent of low-in- work, or school psychology to work for low- ship; and come children served by rural local edu- income local educational agencies; (2) a detailed description of— cational agencies according to the United (B) give participating graduates the knowl- (A) a plan to carry out a pipeline program States Bureau of Census Small Area Income edge and skill sets necessary to meet the to train, place, and retain school counselors, Poverty Estimates, 2006) awarded to eligible needs of— school social workers, or school psycholo- partnerships that include a rural low-income (i) students and families served by low-in- gists, or any combination thereof, as applica- local educational agency. come local educational agencies; and ble, in low-income local educational agen- (f) PRIORITY.—The Secretary shall give pri- (ii) teachers, administrators, and other cies; and ority to eligible partnerships that— staff who work for low-income local edu- (B) the proposed allocation and use of (1) propose to use the grant funds to carry cational agencies; grant funds to carry out activities described out the activities described under paragraphs (C) enable participating graduates to meet by subsection (g). (1) through (3) of subsection (g) in schools the unique needs of students at-risk of nega- (d) PEER REVIEW PANEL.— that have higher numbers or percentages of tive educational outcomes, including stu- (1) ESTABLISHMENT OF PANEL.—The Sec- low-income students and students not meet- dents who— retary shall establish a peer review panel to ing the proficient level of achievement (as (i) are English language learners; evaluate applications for grants under sub- described by section 1111 of the Elementary (ii) have a parent or caregiver who is a mi- section (c) and make recommendations to and Secondary Education Act of 1965 (20 grant worker; the Secretary regarding such applications. U.S.C. 6311)) in comparison to other schools (iii) have a parent or caregiver who is a (2) EVALUATION OF APPLICATIONS.—In mak- that are served by the low-income local edu- member of the Armed Forces or National ing its recommendations, the peer review cational agency that is part of the eligible Guard who has been deployed or returned panel shall take into account the purpose of partnership; from deployment; this Act and the application requirements (2) include a low-income local educational (iv) are homeless, including unaccom- under subsection (c), including the quality of agency that has fewer school counselors, panied youth; the proposed pipeline program. school social workers, and school psycholo- (v) have come into contact with the juve- (3) RECOMMENDATION OF PANEL.—The Sec- gists per student than other eligible partner- nile justice system or adult criminal justice retary may award grants under this section ships; system, including students currently or pre- only to eligible partnerships whose applica- (3) include one or more eligible graduate viously held in juvenile detention facilities tions receive a recommendation from the institutions that offer graduate programs in or adult jails and students currently or pre- peer review panel. the greatest number of the following areas: viously held in juvenile correctional facili- (4) MEMBERSHIP OF PANEL.— (A) school counseling; ties or adult prisons; (A) The peer review panel shall include at (B) school social work; and (vi) have been identified as eligible for a minimum the following members: (C) school psychology; and services under the Individuals with Disabil- (i) One clinical, tenured, or tenure track (4) propose to collaborate with other insti- ities Education Act (20 U.S.C. 1400 et seq.) or faculty member at an institution of higher tutions of higher education with similar pro- the Rehabilitation Act of 1973 (29 U.S.C. 701 education with a current appointment to grams, including sharing facilities, faculty et seq.); teach courses in the subject area of school members, and administrative costs. (vii) have been a victim to or witnessed do- counselor education. (g) USE OF GRANT FUNDS.—Grant funds mestic violence or violence in their commu- awarded under this section may be used— (ii) One clinical, tenured, or tenure track nity; and (1) to pay the administrative costs (includ- faculty member at an institution of higher (viii) are foster care youth, youth aging ing supplies, office and classroom space, su- education with a current appointment to out of foster care, or former foster youth; pervision, mentoring, and transportation sti- teach courses in the subject area of school and pends as necessary and appropriate) related social worker education. (D) utilize best practices determined by to— (iii) One clinical, tenured, or tenure track the American School Counselor Association, (A) having graduate students of school faculty member at an institution of higher National Association of Social Workers, counseling, school social work, and school education with a current appointment to School Social Work Association of America, psychology placed in schools served by par- teach courses in the subject area of school and National Association of School Psy- ticipating low-income local educational psychology education. chologists; agencies to complete required field work, (iv) One clinical, tenured, or tenure track (7) to provide tuition credits to graduate credit hours, internships, or related training faculty member at an institution of higher students participating in the program; as applicable for the degree, license, or cre- education with a current appointment to (8) for student loan forgiveness for partici- dential program of each such student; and teach courses in the subject area of teacher pating graduates who are employed as school (B) offering required graduate course work education. counselors, school social workers, or school for graduate students of school counseling, (v) One individual with expertise in school psychologists by participating low-income school social work, and school psychology on counseling who works or has worked in pub- local educational agencies for a minimum of the site of a participating low-income local lic schools. 5 consecutive years; and educational agency; (vi) One individual with expertise in school (9) for similar activities to fulfill the pur- (2) for not more than the first 3 years after social work who works or has worked in pub- pose of this Act, as the Secretary determines participating graduates receive a masters or lic schools. appropriate. (vii) One individual with expertise in other graduate degree or obtain a State li- (h) SUPPLEMENT NOT SUPPLANT.—Funds school psychology who works or has worked cense or credential in school counseling, made available under this section shall be in public schools. school social work, or school psychology, to used to supplement, not supplant, other Fed- (viii) One administrator who works or has hire and pay all or part of the salaries of eral, State, or local funds for the activities worked for a low-income local educational such participating graduates to work as described in subsection (g). agency. school counselors, school social workers, and (i) REPORTING REQUIREMENTS.—Each eligi- (ix) One highly qualified teacher who has school psychologists in schools served by ble partnership that receives a grant under substantial experience working for a low-in- participating low-income local educational this section shall submit an annual report to come local educational agency. agencies; the Secretary on the progress of such part- (B) At least one of the members described (3) to increase the number of school coun- nership in carrying out the purpose of this in subparagraph (A) shall be a clinical fac- selors, school social workers, and school psy- Act. Such report shall include a description ulty member. chologists per student in schools served by of— (e) DISTRIBUTION OF GRANTS.—From among participating low-income local educational (1) actual service delivery provided the applications receiving a recommendation agencies to work towards the student sup- through grant funds, including— by the peer review panel, the Secretary port personnel target ratios; (A) characteristics of the participating eli- shall— (4) to recruit, hire, and retain culturally or gible graduate institution, including descrip- (1) award the first 5 grants to eligible part- linguistically under-represented graduate tive information on the model used and ac- nerships from 5 different States; students in school counseling, school social tual program performance; (2) to the extent practicable, distribute work, and school psychology for placement (B) characteristics of graduate students grants equitably among eligible partnerships in schools served by participating low-in- participating in the program, including per- that propose to train graduate students in come educational agencies; formance on any tests required by the State

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.057 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2838 CONGRESSIONAL RECORD — SENATE March 5, 2009 educational agency for credentialing or li- student loan forgiveness to individuals who (A) in school psychology that is accredited censing, demographic characteristics, and are not and have never been participants in or nationally recognized by the National As- graduate student retention rates; the grant program established under section sociation of School Psychologists Program (C) characteristics of students of the par- 4 and who have been employed for 5 or more Approval Board and that prepares students ticipating low-income local educational consecutive school years as school coun- in such program for the State licensing or agency, including performance on any tests selors, school social workers, school psy- certification exam in school psychology; required by the State educational agency, chologists, other qualified psychologists, or (B) in school counseling that prepares stu- demographic characteristics, and promotion, child and adolescent psychiatrists by low-in- dents in such program for the State licensing persistence, and graduation rates, as appro- come local educational agencies. or certification exam in school counseling; priate; (b) AUTHORIZATION OF APPROPRIATIONS.— (C) in school social work that is accredited (D) an estimate of the annual implementa- There are authorized to be appropriated to by the Council on Social Work Education tion costs of the program; and the Secretary such sums as may be nec- and that prepares students in such program (E) the numbers of students, schools, and essary to carry out the program under this for the State licensing or certification exam graduate students participating in the pro- section. in school social work; or gram; SEC. 6. FUTURE DESIGNATION STUDY. (D) any combination of (A), (B), and (C). (2) outcomes that are consistent with the (a) IN GENERAL.—The Secretary shall con- (5) ELIGIBLE PARTNERSHIP.—The term ‘‘eli- purpose of the grant program, including— duct a study to identify a formula for future gible partnership’’ means— (A) internship and post-graduation place- designation of regions with a shortage of (A) a partnership between 1 or more low-in- ment; school counselors, school social workers, and come local educational agencies and 1 or school psychologists to use in implementing (B) graduation and professional career more eligible graduate institutions; or grant programs and other programs such as readiness indicators; and (B) in regions in which local educational the programs established under this Act or (C) characteristics of the participating agencies may not have a sufficient elemen- for other purposes related to any such des- low-income local educational agency, includ- tary and secondary school student popu- ing changes in hiring and retention of highly ignation, based on the latest available data on— lation to support the placement of all par- qualified teachers and school counselors, ticipating graduate students, a partnership school psychologists, and school social work- (1) the number of residents under the age of 18 in an area served by a low-income local between a State educational agency, on be- ers; half of 1 or more low-income local edu- (3) the instruction, materials, and activi- educational agency; (2) the percentage of the population of an cational agencies, and 1 or more eligible ties being funded under the grant program; graduate institutions. and area served by a low-income local edu- (4) the effectiveness of any training and on- cational agency with incomes below the poverty line; By Mr. REID: going professional development provided— S. 539. A bill to amend the Federal (A) to students and faculty in the appro- (3) the percentage of residents age 18 or priate departments or schools of the partici- older in an area served by a low-income local Power Act to require the President to pating eligible graduate institution; educational agency with secondary school designate certain geographical areas as (B) to the faculty, administration, and diplomas; national renewable energy zones, and staff of the participating low-income local (4) the percentage of students identified as for other purposes; to the Committee educational agency; and eligible for special education services in an on Energy and Natural Resources. (C) to the broader community of providers area served by a low-income local edu- Mr. REID. Mr. President, as John F. of social, emotional, behavioral, and related cational agency; (5) the youth crime rate in an area served Kennedy said about 50 years ago, ‘‘The support to students and to those who train Chinese use two brush strokes to write such providers. by a low-income local educational agency; (j) EVALUATIONS.— (6) the current number of full-time-equiva- the word ‘crisis.’ One brush stroke (1) INTERIM EVALUATIONS.—The Secretary lent and active school counselors, school so- stands for danger; the other for oppor- may conduct interim evaluations to deter- cial workers, and school psychologists em- tunity. In a crisis, be aware of the dan- mine whether each eligible partnership re- ployed by a low-income local educational ger—but recognize the opportunity.’’ ceiving a grant is making adequate progress agency; America has not one crisis, but at as the Secretary considers appropriate. The (7) the number of students in an area least three crises that loom large be- served by a low-income local education agen- contents of the annual report submitted to fore us. The economy is in obvious tur- the Secretary under subsection (i) may be cy in military families (active duty and re- used by the Secretary to determine whether serve duty) with parents who have been moil, pollution is causing the climate an eligible partnership receiving a grant is alerted for deployment, are currently de- to change, and we are far too depend- demonstrating adequate progress. ployed, or have returned from a deployment ent on oil, particularly oil from un- (2) FINAL EVALUATION.—The Secretary shall in the previous school year; and friendly places around the world. These conduct a final evaluation to— (8) such other criteria as the Secretary challenges hamper our security in pro- (A) determine the effectiveness of the considers appropriate. found ways. grant program in carrying out the purpose of (b) REPORT.—Not later than 2 years after the date of enactment of this Act, the Sec- Fortunately, with a new President this Act; and and a bipartisan mandate in Congress, (B) compare the relative effectiveness of retary shall submit to Congress a report con- each of the various activities described by taining the findings of the study conducted the opportunities to change direction subsection (g) for which grant funds may be under subsection (a). and turn crisis into opportunity have used. SEC. 7. DEFINITIONS. never been more abundant. Now is the (k) REPORT.—Not sooner than 5 years nor In this Act: time to focus our resources on invest- later than 6 years after the date of enact- (1) SCHOOL COUNSELING PROGRAM DEFINI- ments that will create jobs today and ment of this Act, the Secretary shall submit TIONS.—The terms ‘‘child and adolescent psy- sustainable economic growth into the chiatrist’’, ‘‘school counselor’’, ‘‘school psy- to Congress a report containing the findings future. of the evaluation conducted under subsection chologist’’, ‘‘school social worker’’, and (j)(2), and such recommendations as the Sec- ‘‘other qualified psychologist’’ have the I know that we have the technology retary considers appropriate. meaning given the terms in section 5421 of to use less oil tomorrow then we used (l) AUTHORIZATION OF APPROPRIATIONS.— the Elementary and Secondary Education today, and even less the day after. We (1) There is authorized to be appropriated Act of 1965 (20 U.S.C. 7245). can move quickly toward greater en- to carry out this section $30,000,000 for each (2) ESEA GENERAL DEFINITIONS.—The terms ergy independence, but only if we make of the fiscal years 2010 to 2020. ‘‘State educational agency’’, ‘‘local edu- major investments now in clean en- (2) From the total amount appropriated to cational agency’’, and ‘‘highly qualified’’ ergy, like natural gas and electric ve- carry out this section each fiscal year, the have the meaning given the terms in section Secretary shall reserve not more than 3 per- 9101 of the Elementary and Secondary Edu- hicles and much more efficient fleets, cent of that appropriation for evaluations cation Act of 1965 (20 U.S.C. 7801). and all produced right here in America under subsection (j). (3) BEST PRACTICES.—The term ‘‘best prac- and with American jobs. SEC. 5. STUDENT LOAN FORGIVENESS FOR INDI- tices’’ means a technique or methodology President Obama’s economic recov- VIDUALS WHO ARE EMPLOYED FOR 5 that, through experience and research re- ery plan is a giant step in the right di- OR MORE CONSECUTIVE SCHOOL lated to the practice of school counseling, rection. It provides $11 billion for YEARS AS SCHOOL COUNSELORS, school psychology, or school social work, has smart grid technology and expanding SCHOOL SOCIAL WORKERS, SCHOOL proven to reliably lead to a desired result. PSYCHOLOGISTS, OR OTHER QUALI- transmission to renewable rich areas, (4) ELIGIBLE GRADUATE INSTITUTION.—The FIED PSYCHOLOGISTS OR PSYCHIA- as well as hundreds of millions of dol- TRISTS BY LOW-INCOME LOCAL EDU- term ‘‘eligible graduate institution’’ means CATIONAL AGENCIES. an institution of higher education that offers lars to promote greater use of alter- (a) ESTABLISHMENT OF PROGRAM.—The Sec- a program of study that leads to a masters or native fuel vehicles, including plug-in retary shall establish a program to provide other graduate degree— hybrids and fueling insfrastructure.

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.057 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2839 That plan is a massive infusion to help They have extremely difficult jobs Plan; Energy Foundation; Sierra Club; Americans become more energy effi- maintaining reliability, keeping costs Natural Resources Defense Council; cient, including $300 million for energy down, and being held responsible for National Wildlife Federation; Audubon efficient appliance rebates. the utilities’ every move. Society; The Wilderness Society; Bon- But even if we stopped wasting near- The outcome of our discussion was neville Power Administration; Western ly one-third of the country’s annual clear—reforming our energy policies to Area Power Administration; Tennessee current energy consumption unneces- build a cleaner, greener national trans- Valley Authority; Bureau of Land Man- sarily spending trillions of dollars and mission system—an electric super- agement; Federal Energy Regulatory sending billions of tons of pollution up highway—must be a top national pri- Commission; Department of Energy; into the air we would still need new ority. However, equally clear was the North American Electric Reliability supplies of clean energy for sustainable sense that it will not be easy and will Corporation; National Association of economic growth. require everyone to work together with Regulatory Utility Commissioners; Fortunately, Nevada and other parts common purpose and through a strong California PUC; Working Group for In- of the desert southwest have enough public-private partnership to be effec- vestment in Reliable and Economic solar energy potential to power our tive in addressing our grave national Electric Systems; Florida Power & country seven times over. If that po- challenges. Light; Midwest Independent System tential is combined with the wind en- The need for reform is very clear. Operator; PJM Interconnection; ITC ergy from the Great Plains and the That is why I am introducing a bill Transmission; Trans-Elect Trans- hundreds of thousands of megawatts of today that charts a course to a cleaner, mission; Pacific Gas & Electric; Amer- geothermal energy deep beneath the greener, and smarter national energy ican Electric Power; American Public earth, the whole country could have transmission system without sacri- Power Association; Large Public Power cost-free fuel for many generations to ficing reliability or affordability. This Council; Salt River Project; National come. will ensure a more secure and sustain- Rural Electric Cooperative Associa- Innovators and entrepreneurs in able energy future for America. tion; Solar Energy Industries Associa- every state have already begun to har- Though this bill is loosely based on tion; Bright Source Energy; RES- ness this power. But the field is in its my legislation from the last Congress, Americas; American Wind Energy As- infancy and it will only mature with this new and broader version is the sociation; Iberdrola Renewables; Colo- significant and sustained support and product of input and a shared vision rado River Energy Distributors Asso- attention at the Federal level. from many important stakeholders. In ciation; Electric Power Supply Asso- But we must also focus our attention particular, the Center for American ciation; National Electrical Manufac- and investments on planning and siting Progress and the Energy Future Coali- turers Association; and many more. new electricity transmission and tion must be congratulated for their Mr. President, I ask unanimous con- breaking down barriers to a truly na- hard work and leadership in this com- sent that the text of the bill and sup- tional approach. Otherwise, the vast plicated policy area. They have helped port material be printed in the RECORD. clean renewable power in the sun, wind make it understandable to many in and geothermal resources of Nevada, Washington, D.C. There being no objection, the mate- off the country’s coasts in the oceans, But no one can beat T. Boone Pick- rial was ordered to be placed in the in the biomass on our lands, forests ens in explaining to the American peo- RECORD, as follows: and in our cities, and in the remote and ple how critically important it is to S. 539 rural areas of the country, will never transform the nation’s electricity grid Be it enacted by the Senate and House of Rep- get to consumers. to accelerate the use of renewable en- resentatives of the United States of America in Our transmission system and its reg- ergy. He is a source of immense renew- Congress assembled, ulations have been built up over many able energy and really helping to drive SECTION 1. SHORT TITLE. decades with the main target of assur- this issue home. This Act may be cited as the ‘‘Clean Re- ing reliability and availability. Yet the My legislation will require the Presi- newable Energy and Economic Development grid is still fragile and not well dent to designate renewable energy Act’’. zones with significant clean energy equipped to meet the demands of this SEC. 2. FINDINGS. century’s smart technologies or our en- generating potential. Then, a massive planning effort will begin in all the Congress finds that— vironmental or national security chal- (1) electricity produced from renewable re- lenges. interconnection areas of the country to sources— These issues were the topic of focused maximize the use of that renewable po- (A) helps to reduce emissions of greenhouse discussion last week at a genuinely im- tential by building new transmission gases and other air pollutants; portant event a National Clean Energy capacity. The states would propose (B) enhances national energy security; Summit hosted by the Center for cost allocation means to fund the new (C) conserves water and finite resources; American Progress, CAP. This followed lines in the green transmission grid and up on a similar gathering that I hosted plans. If either process falters, then the (D) provides substantial economic benefits, in Las Vegas last August with John Po- federal government would be given including job creation and technology development; desta and the CAP Action Fund and the clear authority to keep things moving (2) the potential exists for a far greater University of Nevada Las Vegas. and get the new transmission built on percentage of electricity generation in the Last week’s event was no ordinary schedule and funded equitably. United States to be achieved through the use meeting. It was admirably moderated This bill is not perfect and has ample of renewable resources, as compared to the by former Senator Tim Wirth and in- room for improvement. But as the bill percentage of electricity generation using cluded President William Jefferson works its way through the legislative renewable resources in existence as of the Clinton, Vice President Al Gore, En- process, I am hopeful that people will date of enactment of this Act; ergy Secretary Steven Chu, Interior come together in good faith and pro- (3) the President has set out a goal that at least 25 percent of the electricity used in the Secretary Ken Salazar, House Speaker pose revisions that will help solve the United States by 2025 come from renewable NANCY PELOSI, Senator JEFF BINGAMAN, problems that we tried to identify at sources; Representative ED MARKEY, energy ex- the Summit. There has already been a (4) many of the best potential renewable ecutive T. BOONE PICKENS, and leaders great deal of non-partisan, thoughtful energy resources are located in rural areas from government, business, labor, and work that Congress can draw upon in far from population centers; the non-profit communities. legislating and I look forward to the (5) the lack of adequate electric trans- In particular, I would like to note the hearing that Chairman BINGAMAN has mission capacity is a primary obstacle to the very constructive participation of the scheduled on this topic for next week. development of electric generation facilities country’s State regulatory commis- Here are just a few of the organiza- fueled by renewable energy resources; (6) the economies of many rural areas sions and authorities, ably represented tions that provided valuable input in would substantially benefit from the in- by Fred Butler of New Jersey, Presi- the drafting process for this bill: The creased development of water-efficient elec- dent of the National Association of Energy Future Coalition; the Center tric generation facilities fueled by renewable Regulatory Utility Commissioners. for American Progress; the Pickens energy resources;

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(7) more efficient use of existing trans- ‘‘(B) electric energy or thermal energy pro- ‘‘(10) INDIAN LAND.—The term ‘Indian land’ mission capacity, better integration of reduction from a renewable energy resource for means— sources, and greater investments in distrib- a customer that is not connected to an elec- ‘‘(A) any land within the limits of any In- uted renewable generation and off-grid solu- tric grid or thermal energy source pipeline. dian reservation, pueblo, or rancheria; tions may increase the availability of trans- ‘‘(3) ELECTRICITY-CONSUMING AREA.—The ‘‘(B) any land not within the limits of any mission and distribution capacity for adding term ‘electricity-consuming area’ means an Indian reservation, pueblo, or rancheria title renewable resources and help keep ratepayer area of significant electrical load. to which was, on the date of enactment of costs low; ‘‘(4) ELECTRICITY FROM RENEWABLE EN- this part— (8) the Federal Government has not ade- ERGY.—The term ‘electricity from renewable ‘‘(i) held in trust by the United States for quately supported or implemented an inte- energy’ means electric energy generated the benefit of any Indian tribe or individual; grated approach to accelerating the develop- from— or ment, commercialization, and deployment of ‘‘(A) solar energy, wind, biomass, landfill ‘‘(ii) held by any Indian tribe or individual renewable energy technologies, renewable gas, renewable biogas, or geothermal energy; subject to restriction by the United States electricity generation, and transmission to ‘‘(B) new hydroelectric generation capacity against alienation; bring renewable energy to market, including achieved from increased efficiency, or an ad- ‘‘(C) any dependent Indian community; and through enhancing distributed renewable dition of new capacity, at an existing hydro- ‘‘(D) any land conveyed to any Alaska Na- generation or through vehicle and transpor- electric project; or tive corporation under the Alaska Native tation sector use; ‘‘(C) hydrokinetic energy, including— Claims Settlement Act (42 U.S.C. 1601 et (9) it is in the national interest for the ‘‘(i) waves, tides, and currents in oceans, seq.). Federal Government to implement policies estuaries, and tidal areas; ‘‘(11) INTERCONNECTION.—The term ‘Inter- that would enhance the quantity of electric ‘‘(ii) free flowing water in rivers, lakes, and connection’ has the meaning given the term transmission capacity available to take full streams; in section 215(a) of the Federal Power Act (16 advantage of the renewable energy resources ‘‘(iii) free flowing water in man-made U.S.C. 824o(a)). available to generate electricity, and to channels, including projects that use non- ‘‘(12) LOAD-SERVING ENTITY.—The term more fully integrate renewable energy into mechanical structures to accelerate the flow ‘load-serving entity’ means any person, Fed- the energy policies of the United States, and of water for electric power production pur- eral, State, or local agency or instrumen- to address the tremendous national security poses; or tality, or electric cooperative that delivers and global warming challenges of the United ‘‘(iv) differentials in ocean temperature electric energy to end-use customers. States; and through ocean thermal energy conversion. ‘‘(13) REGIONAL PLANNING ENTITY.—The (10) existing transmission planning proc- ‘‘(5) ERCOT.—The term ‘ERCOT’ means term ‘regional planning entity’ means an en- esses are fragmented across many jurisdic- the Electric Reliability Council of Texas. tity certified by the Commission to coordi- tions, which results in difficult coordination ‘‘(6) FEDERAL LAND MANAGEMENT AGENCY.— nate regional planning for an Interconnec- between jurisdictions, delays in implementa- The term ‘Federal land management agency’ tion. means— tion of plans, and complex negotiations on ‘‘(14) RENEWABLE FEEDER LINE.— ‘‘(A) the Department of the Interior and sharing of costs. ‘‘(A) IN GENERAL.—The term ‘renewable the bureaus of the Department that manage SEC. 3. NATIONAL RENEWABLE ENERGY ZONES feeder line’ means all transmission facilities Federal land and water, including— AND GREEN TRANSMISSION. and equipment within a national renewable ‘‘(i) the Bureau of Land Management; (a) IN GENERAL.—The Federal Power Act energy zone owned, controlled, or operated ‘‘(ii) the Bureau of Reclamation; (16 U.S.C. 791a et seq.) is amended by adding by a transmission provider that are capable ‘‘(iii) the United States Fish and Wildlife at the end the following: of being used to deliver electricity from mul- Service; and tiple renewable energy resources to the point ‘‘PART IV—NATIONAL RENEWABLE EN- ‘‘(iv) the National Park Service; at which the transmission provider connects ERGY ZONES AND GREEN TRANS- ‘‘(B) the Forest Service of the Department to a high-voltage transmission facility. MISSION of Agriculture; and ‘‘(B) INCLUSIONS.—The term ‘renewable ‘‘SEC. 401. DEFINITIONS. ‘‘(C) if applicable and appropriate, the De- feeder line’ includes any associated modifica- ‘‘In this part: partment of Defense. tions, additions, or upgrades to or associated ‘‘(1) BIOMASS.— ‘‘(7) FEDERAL TRANSMITTING UTILITY.—The ‘‘(A) IN GENERAL.—The term ‘biomass’ term ‘Federal transmitting utility’ means— with the facilities and equipment described means— ‘‘(A) a Federal power marketing agency in subparagraph (A). ‘‘(i) any lignin waste material that is seg- that owns or operates an electric trans- ‘‘(C) EXCLUSIONS.—The term ‘renewable regated from other waste materials and is mission facility; and feeder line’ does not include— determined to be nonhazardous by the Ad- ‘‘(B) the Tennessee Valley Authority. ‘‘(i) a generator lead line capable of con- ministrator of the Environmental Protection ‘‘(8) GREEN TRANSMISSION GRID PROJECT.— necting only 1 generator; or Agency; and ‘‘(A) IN GENERAL.—The term ‘green trans- ‘‘(ii) equipment owned by a generator. ‘‘(ii) any solid, nonhazardous, cellulosic mission grid project’ means a project for— ‘‘(15) SECRETARY.—The term ‘Secretary’ material that is derived from— ‘‘(i) a new transmission facility rated at or means the Secretary of Energy. ‘‘(I) mill residue, precommercial thinnings, above 345 kilovolts that is part of an Inter- ‘‘(16) TRANSMISSION PROVIDER.—The term slash, brush, or nonmerchantable material; connection-wide plan developed pursuant to ‘transmission provider’ means an entity that ‘‘(II) solid wood waste materials, including section 403 for an extra high voltage trans- owns, controls, or operates a transmission a waste pallet, a crate, dunnage, manufac- mission grid to enable transmission of elec- facility. turing and construction wood wastes, and tricity from renewable energy (including ex- ‘‘SEC. 402. DESIGNATION OF NATIONAL RENEW- landscape or right-of-way tree trimmings; isting or projected renewable generation) to ABLE ENERGY ZONES. ‘‘(III) agriculture waste, including an or- electricity-consuming areas; or ‘‘(a) DESIGNATIONS.— chard tree crop, a vineyard, a grain, a leg- ‘‘(ii) a new renewable feeder line that an ‘‘(1) IN GENERAL.—Except as provided in ume, sugar, other crop byproducts or resi- Interconnection-wide plan or the Commis- paragraph (2), not later than 90 days after dues, and livestock waste nutrients; or sion determines is needed to connect renew- the date of enactment of this part for the ‘‘(IV) a plant that is grown exclusively as able generation to the extra high voltage Western Interconnection and not later than a fuel for the production of electric energy. transmission grid. 270 days after the date of enactment of this ‘‘(B) INCLUSIONS.—The term ‘biomass’ in- ‘‘(B) INCLUSIONS.—The term ‘green trans- part for the Eastern Interconnection, the cludes animal waste that is converted to a mission grid project’ includes any network President shall designate as a national re- fuel rather than directly combusted, the res- upgrades associated with a facility described newable energy zone each geographical area idue of which is converted to a biological fer- in clause (i) or (ii) of subparagraph (A) that that, as determined by the President— tilizer, oil, or activated carbon. are required to ensure the reliability or effi- ‘‘(A) has the potential to generate in ex- ‘‘(C) EXCLUSIONS.—The term ‘biomass’ does ciency of the underlying transmission net- cess of 1 gigawatt of electricity (or a lower not include— work, including inverters, substations, quantity of electricity determined by the ‘‘(i) municipal solid waste from which haz- transformers, switching units, storage units, President) from renewable energy, a signifi- ardous and recyclable materials have not and related facilities necessary for the devel- cant portion of which could be generated in been separated; opment, siting, transmission, storage, and a rural area or on Federal land within the ‘‘(ii) paper that is commonly recycled; or integration of electricity generated from re- geographical area; ‘‘(iii) pressure-treated, chemically-treated, newable energy sources. ‘‘(B) has an insufficient level of electric or painted wood waste. ‘‘(9) GRID-ENABLED VEHICLE.—The term transmission capacity to achieve the poten- ‘‘(2) DISTRIBUTED RENEWABLE GENERA- ‘grid-enabled vehicle’ means an electric drive tial described in subparagraph (A); and TION.—The term ‘distributed renewable gen- vehicle or fuel cell vehicle that has the abil- ‘‘(C) has the capability to contain addi- eration’ means— ity to communicate electronically with an tional renewable energy electric generating ‘‘(A) reduced electric energy consumption electric power provider or with a localized facilities that would generate electric energy from the electric grid because of use by a energy storage system with respect to charg- consumed in 1 or more electricity-consuming customer of renewable energy generated at ing or discharging an onboard energy storage areas if there were a sufficient level of trans- or near a customer site; and device, such as a battery. mission capacity.

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‘‘(2) INCLUSION.—The President may including identifying improvements to permit ‘‘(2) include identification of green trans- clude in any national renewable energy zone application processes involving military and mission grid projects (both high-voltage and designated under paragraph (1) a military in- civilian agencies. renewable feeder lines) needed to inter- stallation. ‘‘(e) EXISTING PROCESSES.—In carrying out connect renewable energy zones with elec- ‘‘(3) EXCLUSIONS.—The President shall not this section, the President may use existing tricity-consuming areas; include in any national renewable energy processes that designate renewable energy ‘‘(3) fully consider national reliability, eco- zone designated under paragraph (1) any of zones. nomic, environmental, and security needs; the following areas: ‘‘(f) REVISION OF DESIGNATIONS.—The Presi- ‘‘(4) take into account transmission infra- ‘‘(A) National parks, national marine sanc- dent may modify the designation of renew- structure required for efficient and reliable tuaries, reserves, recreation areas, and other able energy zones, including modification delivery of the output of new renewable gen- similar units of the National Park System. based on the recommendations received eration resources needed to meet established ‘‘(B) Designated wilderness, designated wil- under subsection (d). and projected Federal and State renewable derness study areas, and other areas man- ‘‘(g) ELECTION.—The ERCOT Interconnec- energy policies and targets; aged for wilderness characteristics. tion may elect to participate in the process ‘‘(5) provide a plan for a period of at least ‘‘(C) National historic sites and historic described in this section. 10 years into the future; parks. ‘‘(h) ADMINISTRATION.—The designation of ‘‘(6) consider alternatives to new trans- ‘‘(D) Inventoried roadless areas and signifi- a renewable energy zone shall not be consid- mission, including energy efficiency, demand cant noninventoried roadless areas within ered a major Federal action under Federal response, energy storage, and distributed re- the National Forest System. law. newable generation; ‘‘(E) National monuments. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(7) include a timeline for construction of ‘‘(F) National conservation areas. There is authorized to be appropriated to projects; and ‘‘(G) National wildlife refuges and areas of carry out this section (including renewable ‘‘(8) be filed with the Commission annually critical environmental concern. energy resource assessments) $25,000,000 for for approval consistent with this section. ‘‘(H) National historic and national scenic each of fiscal years 2009 through 2019. ‘‘(f) PARTICIPATION OF SECRETARY.—The trails. ‘‘SEC. 403. INTERCONNECTION-WIDE GREEN Secretary shall provide technical expertise ‘‘(I) Areas designated as critical habitat. TRANSMISSION GRID PROJECT to States and regional planning entities in PLANNING. ‘‘(J) National wild, scenic, and recreational development of Interconnection-wide plans ‘‘(a) IN GENERAL.—To achieve Interconnec- rivers. through— tion-wide coordination of planning to inte- ‘‘(K) Any area in which Federal law pro- ‘‘(1) analysis for the green transmission grate renewable energy resources from re- hibits energy development, or that the Fed- grid project planning process; and newable energy zones into the interstate eral agency or official exercising authority ‘‘(2) demonstration and commercial appli- electric transmission grid and make the re- over the area exempts from inclusion in a cation activities of new technologies in the newable energy resources fully deliverable to national renewable energy zone through land green transmission grid project plan. electricity consuming areas, not later than ‘‘(g) PARTICIPATION OF FEDERAL TRANSMIT- use, planning, or other public process. 60 days after the date of enactment of this TING UTILITIES.— ‘‘(L) Any area in which applicable State part, the Commission shall, by regulation or ‘‘(1) IN GENERAL.—A Federal transmitting law enacted prior to the date of enactment of order, issue a request for 1 or more organiza- utility shall participate in the planning this section prohibits energy development. tions to be certified as the regional planning process in the applicable Interconnection. ‘‘(b) RENEWABLE ENERGY REQUIREMENTS.— In making the designations required by sub- entity for each Interconnection. ‘‘(2) GREEN TRANSMISSION GRID PROJECT FA- section (a), the President shall take into ac- ‘‘(b) CONTENTS OF APPLICATION.—The appli- CILITIES.—Not later than 1 year after the count Federal and State requirements for cation shall include proposals for provisions date a regional planning entity files a plan, utilities to incorporate renewable energy as for an open, inclusive, transparent, and non- a Federal transmitting utility that owns or part of meeting the load of load-serving enti- discriminatory planning process that— operates 1 or more electric transmission fa- ties. ‘‘(1) includes consultation with affected cilities in a State with a national renewable ‘‘(c) CONSULTATION.—Before making any Federal land management agencies and energy zone shall identify specific green designation under subsection (a) or (e), the States within the Interconnection; transmission grid project facilities that are President shall consult with— ‘‘(2) builds on planning undertaken by required to substantially increase the gen- ‘‘(1) the Governors of affected States; States, Federal transmitting utilities, re- eration of electricity from renewable energy ‘‘(2) the public; gional transmission organizations, inde- in the national renewable energy zone. ‘‘(3) Federal transmitting utilities, public pendent system operators, utilities, and ‘‘(h) FAILURE TO SUBMIT PLAN.— utilities and transmission providers, and co- other interested parties; ‘‘(1) IN GENERAL.—If a State in an Inter- operatives; ‘‘(3) takes account of corridor designation connection does not participate in a timely ‘‘(4) State regulatory authorities and rework and other planning carried out by Fed- manner in an Interconnection-wide green gional electricity planning organizations; eral land management agencies, the Depart- transmission grid project planning process in ‘‘(5) Federal land management agencies, ment of Energy, and other interested parties; accordance with this section, or if such a Federal energy and environmental agencies, ‘‘(4) solicits input from transmission own- planning process is established but fails to and State land management, energy, and en- ers, regional transmission organizations, result in the submission by the regional vironmental agencies; independent system operators, States, gener- planning entity of the requisite components ‘‘(6) renewable energy companies; ator owners, prospective developers of new of the Interconnection-wide green trans- ‘‘(7) local government officials; transmission and generation resources, re- mission grid project plan by the date speci- ‘‘(8) renewable energy and energy effi- gional entities, Federal land management fied in subsection (d), the Commission shall ciency interest groups; agencies, environmental protection and land, develop through a rulemaking, after con- ‘‘(9) Indian tribes; and water, and wildlife conservation groups, and sultation with the Secretary, Federal trans- ‘‘(10) environmental protection and land, other interested parties; and mitting utilities, the Secretary of the Inte- water, and wildlife conservation groups. ‘‘(5) includes an interim process to expedi- rior, regional transmission organizations, ‘‘(d) RECOMMENDATIONS.—Not earlier than 3 tiously evaluate whether new renewable the electric reliability organization, regional years after the date of enactment of this feeder lines should be added to the green entities, and municipal and cooperative enti- part, and triennially thereafter, the Sec- transmission grid project plan. ties, an Interconnection-wide green trans- retary and the Secretary of the Interior ‘‘(c) DESIGNATION.—Not later than 120 days mission grid project plan on behalf of the 1 shall, after consultation with the Federal after the date of enactment of this part, the or more nonsubmitting States or regional transmitting utilities, the Commission, the Commission shall designate 1 or more appro- planning entity in the Interconnection. Chief of the Forest Service, the Secretary of priate organizations to serve as the regional ‘‘(2) DEADLINE.—Any final rule required Commerce, the Secretary of Defense, the planning entity to represent the Inter- under paragraph (1) shall be completed not Council on Environmental Quality, and the connection under this part. later than 1 year after the date on which the Governors of the States, shall recommend to ‘‘(d) INTERCONNECTION-WIDE GREEN TRANS- Commission determines that— the President and Congress— MISSION GRID PROJECT PLAN.—Not later than ‘‘(A) the regional planning entity has ‘‘(1) specific areas with the greatest poten- 1 year after the date of the deadline for des- failed to submit an Interconnection-wide tial for environmentally acceptable renew- ignations under section 402(a), the regional green transmission project plan on a timely able energy resource development that the planning entity in each Interconnection basis; or President could designate as renewable en- shall produce and submit to the Commission ‘‘(B) a State has failed to participate in a ergy zones, considering such factors as the an Interconnection-wide green transmission timely manner in the planning process. impact on sensitive wildlife species, the im- grid project plan. ‘‘(i) EVALUATION AND RECOMMENDATIONS.— pact on sensitive resource areas, and the ‘‘(e) TERM; REQUIREMENTS.—An Inter- The Commission shall— presence of already disturbed or developed connection-wide green transmission grid ‘‘(1) periodically evaluate whether green land; and project plan shall— transmission grid projects to enable the de- ‘‘(2) any modifications of laws (including ‘‘(1) enhance transmission access for elec- livery of renewable energy are being con- regulations) and resource management plans tricity from renewable energy in renewable structed in accordance with the Interconnec- necessary to fully achieve that potential, in- energy zones; tion-wide green transmission grid project

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plan for both the Western and Eastern Inter- ‘‘(C) PROJECT DEVELOPERS.—Nothing in construct or modify the transmission facil- connections; this section or part prevents a project devel- ity, the permit holder may acquire the right- ‘‘(2) take any necessary actions to address oper from carrying out a transmission of-way by the exercise of the right of emi- any identified obstacles to investment, project to enable renewable development if nent domain in the United States district siting, and construction of projects identi- the project developer assumes all of the risk court for the district in which the property fied as needed under an Interconnection-wide and cost of the proposed project. concerned is located, or in the appropriate plan; and ‘‘SEC. 404. FEDERAL SITING OF GREEN TRANS- court for the State in which the property is ‘‘(3) not later than 2 years after the date of MISSION GRID PROJECT FACILITIES. located. enactment of this part, submit to Congress ‘‘(a) IN GENERAL.—The Commission, after ‘‘(2) USE.—Any right-of-way acquired under recommendations for any further actions or consultation with affected States, may issue paragraph (1) shall be used exclusively for authority needed to ensure the effective and 1 or more permits for the construction or the construction, modification, operation, or timely development of transmission infra- modification of an electric transmission fa- maintenance of an electric transmission fa- structure necessary to ensure the integra- cility if the Commission finds that— cility, and any appropriate mitigation meas- tion and deliverability of renewable energy ‘‘(1) the transmission facility— ures or other uses approved by the Commis- from renewable energy zones to electricity- ‘‘(A) is included in an Interconnection-wide sion, within a reasonable period of time after consuming areas in the United States. green transmission grid project plan sub- acquisition of the right-of-way. ‘‘(j) RECOVERY OF COSTS ASSOCIATED WITH mitted under section 403; or ‘‘(3) PRACTICE AND PROCEDURE.—The prac- INTERCONNECTION-WIDE GREEN TRANSMISSION ‘‘(B) is proposed by a project developer to tice and procedure in any action or pro- GRID PROJECT PLANNING.— integrate renewable energy resources from ceeding under this subsection in the United ‘‘(1) IN GENERAL.—A regional planning enti- renewable energy zones or to integrate re- States district court shall conform, to the ty and a State shall be permitted to recover newable resources from other geographic maximum extent practicable, to the practice prudently incurred costs to carry out Inter- areas, if the project developer assumes all of and procedure in a similar action or pro- connection-wide planning activities required the risk and cost of the proposed facilities; ceeding in the courts of the State in which under this section pursuant to a Federal ‘‘(2) the transmission facility optimizes the property is located. transmission surcharge that will be estab- transmission capability based on the assess- ‘‘(4) LIMITATIONS.— lished by the Commission for the purposes of ment by the Commission of technical con- ‘‘(A) IN GENERAL.—Nothing in this sub- carrying out this section. straints, project economics, land use limita- section authorizes the use of eminent do- ‘‘(2) SURCHARGE.—A regional planning enti- tions, and the potential generation capacity main to acquire a right-of-way for any pur- ty, in consultation with States in an Inter- of renewable energy zones interconnected to pose other than the construction, modifica- connection, shall— the project; and tion, operation, or maintenance of an elec- ‘‘(A) recommend the Federal transmission ‘‘(3) the owner or operator of the trans- tric transmission facility included in a green surcharge based on a formula rate that is mission facility has failed to make reason- transmission grid project plan or related fa- submitted to the Commission for approval; able progress in siting the facility based on cility. and timelines in the plan. ‘‘(B) ADMINISTRATION.—The right-of-way— ‘‘(B) adjust the formula and surcharge on ‘‘(b) EVIDENCE OF NEED.—Inclusion of a ‘‘(i) shall not be used for any purpose not an annual basis. project in an Interconnection-wide green described in subparagraph (A) or paragraph ‘‘(3) COST RESPONSIBILITY.—Cost responsi- transmission grid project plan submitted (2); and bility under the surcharge shall be assigned under section 403 shall be considered to be ‘‘(ii) shall terminate on the termination of based on energy usage to all load-serving en- sufficient evidence of need for the project to the use for which the right-of-way is ac- tities within the United States portion of the warrant the granting of a construction per- quired. Eastern and Western Interconnections. mit under subsection (a). ‘‘(g) STATE AUTHORITY.— ‘‘(4) LIMITATION.—The total amount of sur- ‘‘(c) PERMIT APPLICATION.— ‘‘(1) IN GENERAL.—Except as provided in charges that may be imposed or collected na- ‘‘(1) IN GENERAL.—A permit application paragraph (3), in granting a construction tionally under this subsection shall not ex- under subsection (a) shall be made in writing permit under subsection (a), the Commission ceed $80,000,000 in any calendar year. to the Commission. shall— ‘‘(5) DISTRIBUTION.—The Secretary shall, in ‘‘(2) ADMINISTRATION.—The Commission ‘‘(A) permit State regulatory agencies to accordance with the regulations promul- shall promulgate regulations specifying— identify siting constraints and mitigation gated under paragraph (1), distribute on an ‘‘(A) the form of the application; measures, based on habitat protection, envi- equitable basis funds received under that ‘‘(B) the information to be contained in the ronmental considerations, or cultural site paragraph among States and planning enti- application; and protection; and ties, if the Governor of the receiving State— ‘‘(C) the manner of service of notice of the ‘‘(B)(i) incorporate those identified con- ‘‘(A) in the case of the first year of dis- permit application on interested persons. straints or measures in the construction per- tribution, certifies to the Secretary that the ‘‘(d) GRANTING OF CONSTRUCTION PERMIT.— mit; or State will participate in an Interconnection- ‘‘(1) IN GENERAL.—A construction permit ‘‘(ii) if the Commission determines that wide green transmission grid project plan- may be issued to any applicant described in such a constraint or measure is inconsistent ning process; and subsection (a)(1)(B) if the Commission finds with the purposes of this part, infeasible, or ‘‘(B) in the case of the second and subse- that— not cost-effective— quent years of distribution— ‘‘(A) the applicant is able and willing to ‘‘(I) consult with State regulatory agencies ‘‘(i) is part of an Interconnection-wide take actions and perform the services pro- to seek to resolve the issue; and planning process that submits to the Com- posed in accordance with this part (including ‘‘(II) incorporate into the construction permission timely Interconnection-wide green the requirements, rules, and regulations of mit such siting constraints and mitigation transmission grid project plans under this the Commission under this part); and measures as are determined to be appro- section; and ‘‘(B) the proposed operation, construction, priate by the Commission, based on con- ‘‘(ii) certifies annually to the Secretary or expansion is or will be required by the sultation by the Commission with State reg- that all load-serving entities in the State— present or future public convenience and ne- ulatory agencies, the purposes of this part, ‘‘(I) offer a fairly-priced renewable power cessity. and the record before the Commission. purchase option to all the customers of the ‘‘(2) ADMINISTRATION.—The Commission ‘‘(2) NONADOPTION OF RECOMMENDATIONS.— entities; or shall have the power to attach to the If, after taking the actions required under ‘‘(II) have demonstrated an increase in the issuance of the construction permit, and to paragraph (1), the Commission does not number of customers above the previous year the exercise of rights granted under the per- adopt in whole or in part a recommendation participating in a demand-side management mit, such reasonable terms and conditions as of an agency, the Commission shall publish a program that reduces peak demand, in- the public convenience and necessity may re- statement of a finding that the adoption of creases reliability, and reduces consumer quire. the recommendation is infeasible, not cost- costs. ‘‘(e) CONSTRUCTION PERMIT FOR AN AREA effective, or inconsistent with this part or ‘‘(6) APPLICABILITY.— ALREADY BEING SERVED.—Nothing in this other applicable provisions of law. ‘‘(A) IN GENERAL.—Subject to subpara- section limits the power of the Commission ‘‘(3) INTERCONNECTION-WIDE GREEN TRANS- graphs (B) and (C), this subsection applies to to grant construction permits for service of MISSION GRID PROJECT PLANNING PROCESS.— all users, owners, and operators of the bulk- an area already being served by another The Commission shall not be required to in- power system within the United States por- transmission provider. clude constraints or measures described in tion of the Eastern and Western Interconnec- ‘‘(f) RIGHTS-OF-WAY.— paragraph (1) that are identified by a State tions. ‘‘(1) IN GENERAL.—In the case of a permit that does not participate in an Interconnec- ‘‘(B) EXCLUSIONS.—This subsection does under subsection (a) for an electric trans- tion-wide green transmission grid project not apply to the State of Alaska or Hawaii or mission facility to be located on property planning process under section 403. to the ERCOT, unless the State or ERCOT other than property owned by the United ‘‘(h) ENVIRONMENTAL REVIEWS.— voluntarily elects to participate in the plan- States, if the permit holder cannot acquire ‘‘(1) IN GENERAL.—With respect to any ning process, and to be responsible for a pro by contract, or is unable to agree with the project or group of projects for which a con- rata portion of the Federal transmission sur- owner of the property to the compensation struction permit is granted under subsection charge imposed under this subsection. to be paid for, the necessary right-of-way to (a), the Commission shall—

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.064 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2843 ‘‘(A) serve as the lead agency for purposes cent of generation resources interconnecting approve a cost allocation plan proposed of coordinating any Federal authorizations to the renewable feeder line be renewable re- under subsection (a) unless the Commission and environmental reviews or analyses resources in order to maintain compliance determines that— quired for the project, including those re- with Commission-approved reliability stand- ‘‘(1) taking into account the users of the quired under the National Environmental ards. transmission facilities, the plan will result Policy Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(B) COST-EFFECTIVE ENERGY STORAGE OP- in rates that are unduly discriminatory or ‘‘(B) in consultation with other affected TIONS.—In making a determination on a re- preferential or are not just and reasonable; agencies, prepare a single environmental reduction for a proposed project under sub- ‘‘(2) the plan would unduly inhibit the de- view document that would be used as the paragraph (A), the Commission shall con- velopment of renewable energy electric gen- basis for all decisions under Federal law re- sider cost-effective energy storage options in eration projects; or lating to the proposed project, in accordance the area covered by the project, including de- ‘‘(3) the plan would not allow the trans- with section 216(h) of this Act, including tailed reports developed by the project devel- mission provider providing service over the siting constraints and mitigation measures; oper or interconnecting generators at the di- facilities or the entity constructing or fi- ‘‘(C) not later than 90 days after the date of rection of the Commission. nancing the project, as appropriate, the op- filing of an application for a permit under ‘‘(l) FIRM TRANSMISSION RIGHTS.—The Com- portunity to recover prudently incurred this section, enter into a memorandum of mission shall adopt, by rule, regulations re- costs, including a reasonable return on in- understanding with affected Federal agen- quiring transmission providers to offer, on a vestment, associated with the transmission cies to carry out this subsection, including— priority basis, firm or equivalent financial facilities the transmission provider has com- ‘‘(i) a schedule for environmental review transmission rights for any green trans- mitted to build pursuant to the Interconnec- and a budget necessary to comply with the mission grid project sited under this section tion-wide green transmission plan. schedule for each project or group of for transmission of energy from renewable ‘‘(c) FAILURE TO SUBMIT A COST ALLOCATION projects; and resources to a load-serving entity that con- PLAN.— ‘‘(ii) the budget resources necessary to tracts to purchase renewable resources, or to ‘‘(1) IN GENERAL.—If a regional planning en- carry out the memorandum; and renewable energy generation owners. tity is unable, for whatever reason, to de- ‘‘(D) ensure that, once an application has ‘‘(m) ADMINISTRATION.—Nothing in this velop and propose an acceptable cost alloca- been submitted with such data as the Com- section waives the application of any appli- tion plan at the time the regional planning mission considers to be necessary, all permit cable Federal environmental law. entity files an Interconnection-wide green decisions and related environmental reviews ‘‘(n) STATE SITING AUTHORITY.—Nothing in transmission grid project plan, the Commis- under applicable Federal laws shall be com- this section precludes a transmission project sion shall institute, on the motion of the pleted not later than 1 year after the date of developer from seeking siting authority from Commission, a proceeding to initially allo- submission of a complete application. a State. cate the costs of new transmission facilities ‘‘(2) APPEAL.—If any Federal agency has ‘‘SEC. 405. GRANTS FOR INTERCONNECTION-WIDE built pursuant to an Interconnection-wide denied a Federal authorization required for a GREEN TRANSMISSION GRID green transmission project plan. certified project under this part or has failed PROJECT PLANS. ‘‘(2) COST ALLOCATION.—The Commission to determine whether to issue the authoriza- ‘‘(a) IN GENERAL.—The Secretary, in con- shall allocate the costs of green transmission tion not later than 1 year after the date of sultation with the Commission, shall make grid projects— submission of a complete application, the ap- grants to States and planning entities that ‘‘(A) broadly to all load-serving entities in plicant or any State in which the facility submit or implement Interconnection-wide the Interconnection; or would be located may file an appeal with the green transmission grid project plans re- ‘‘(B) to load-serving entities within a part President, who shall, in consultation with quired to be developed pursuant to this part of the Interconnection. the affected agency, review the denial or in a timely manner for (as appropriate)— ‘‘(3) RENEWABLE FEEDER LINES.— failure to take action on the pending appli- ‘‘(1) implementation of sections 403 and 404; ‘‘(A) IN GENERAL.—A renewable feeder line cation. ‘‘(2) transmission improvements (including may be included in a broad cost allocation if ‘‘(i) RESTRICTED AREAS.—In granting a con- smart grid investments) for States and plan- the Commission finds that the renewable struction permit under subsection (a), the ning entities that meet deadlines in imple- feeder line— Commission shall consider and, to the max- menting those plans; ‘‘(i) would be used by renewable energy re- imum extent practicable, select alternative ‘‘(3) training for State regulatory author- sources remote from existing transmission routes to avoid areas described in section ity staff and local workforces relating to re- and load centers; 402(a)(3). newable generation resources, smart grid, or ‘‘(ii) will likely result in multiple indi- ‘‘(j) ACCESS TO TRANSMISSION.— new transmission technologies; vidual renewable energy electric generation ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(4) mitigation of landowner concerns and projects being developed by multiple com- the owner or operator of any project de- impacts; peting developers; and scribed in subsection (a) that traverses mul- ‘‘(5) habitat and wildlife conservation; ‘‘(iii) has at least 1 project subscribed tiple States that participate in an Inter- ‘‘(6) security upgrades to the transmission through an executed generator Interconnec- connection-wide green transmission grid system and authorized uses under title XIII tion agreement with the transmission pro- project planning process under section 403 of the Energy Independence and Security Act vider and has tangible demonstration of ad- shall ensure that each State in which the of 2007 (15 U.S.C. 17381 et seq.); ditional interest. green transmission grid project traverses ‘‘(7) energy storage, reliability, or distrib- ‘‘(B) NEW RENEWABLE GENERATION shall have access to transmission under the uted renewable generation projects; and PROJECTS.— project, unless the access would make the ‘‘(8) other programs and projects that are ‘‘(i) IN GENERAL.—As new renewable gen- project technically or economically imprac- consistent with the purposes of this part. eration projects are constructed and inter- tical. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— connected to a renewable feeder line under ‘‘(2) ADDITIONAL FUNDS.—If a project owner There is authorized to be appropriated to subparagraph (A), the 1 or more new trans- or operator described in paragraph (1) cannot carry out this section $500,000,000, including mission services contract holders shall be make the assurances described in that para- amounts made available— liable for a pro rata share of the facility graph for a State, the State shall be eligible ‘‘(1) under the American Recovery and Re- costs of the transmission grid project. for additional funds under section 405. investment Act of 2009; or ‘‘(ii) TRANSMISSION REVENUES.—The trans- ‘‘(k) MINIMUM RENEWABLE REQUIREMENT.— ‘‘(2) through the sale of carbon allowances mission revenues shall be applied as a credit ‘‘(1) IN GENERAL.—Except as provided in in a law enacted after the date of enactment to the initial allocation of project costs. paragraphs (2) and (3), the transmission proof this Act that imposes a limitation on ‘‘(d) COST ALLOCATION RATE FILINGS.—If a vider for a green transmission grid project greenhouse gas emissions. cost allocation plan is approved by the Com- sited through the granting of a construction ‘‘SEC. 406. COST ALLOCATION. mission in accordance with this section— permit under subsection (a) shall certify an- ‘‘(a) IN GENERAL.—As part of an Inter- ‘‘(1) any public utility that has rates that nually to the Commission, in accordance connection-wide green transmission grid are affected by the approved cost allocation with regulations promulgated by the Com- project plan submitted under section 403, the plan shall file the allocation plan with the mission, that at least 75 percent of the trans- regional planning entity, after consultation Commission pursuant to section 205; and mission capacity of the project is available with affected State regulatory authorities, ‘‘(2) the cost allocation plan shall be pre- to renewable resources. shall file with the Commission under this sumed lawful under section 205 on filing, ‘‘(2) APPLICATION.—The requirements shall section a cost allocation plan for sharing the without notice or further opportunity for be applicable only to generators directly costs of developing and operating green comment or hearing. interconnecting to the project. transmission grid projects that are identified ‘‘(e) APPLICABILITY.— ‘‘(3) ADJUSTMENT.— and built pursuant to an Interconnection- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(A) IN GENERAL.—Subject to subparagraph wide green transmission project plan to en- paragraph (3), the authority of the Commis- (B), the Commission may reduce the min- able delivery of electric energy from renew- sion under this section and section 403 to ap- imum percentage specified in paragraph (1) able energy resources in renewable energy prove transmission plans and to allocate in any case in which the Commission deter- zones. costs incurred pursuant to the plans applies mines that it is necessary for a specific re- ‘‘(b) APPROVAL.—Not later than 90 days to all transmission providers, generators, newable feeder line to have less than 75 per- after the date of filing, the Commission shall and users, owners, and operators of the

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power system within the Eastern and West- ‘‘(b) WIND INTEGRATION PROGRAMS.—The ‘‘(1) IN GENERAL.—The Western Area Power ern Interconnections of the United States, Bonneville Power Administration and the Administration may fund the construction of including entities described in section 201(f). Western Area Power Administration shall wind or solar generation to supply firming ‘‘(2) REGIONAL PLANNING ENTITIES.—The each establish a program focusing on the im- energy to Western Area Power Administra- Commission shall have authority over re- provement of the integration of wind energy tion to test the economic feasibility of wind- gional planning entities to the extent nec- into the transmission grids of those Admin- hydro or solar-hydro integration. essary to carry out this section and section istrations through the development of trans- ‘‘(2) TRIBAL LAND.—In carrying out this 403. mission products, including through the use subsection, the Western Area Power Admin- ‘‘(3) EXCLUSIONS.— of Federal hydropower resources, that— istration shall consider locating the wind or ‘‘(A) IN GENERAL.—This section does not ‘‘(1) take into account the intermittent na- solar generation facilities on tribal land. apply in the State of Alaska or Hawaii or to ture of wind electric generation; and ‘‘(3) NONREIMBURSABLE COSTS.—All costs the ERCOT, unless the State or ERCOT vol- ‘‘(2) do not impair electric reliability. associated with a demonstration under this untarily elects to participate in a cost allo- ‘‘(c) SOLAR INTEGRATION PROGRAM.—Each subsection shall be considered nonreimburs- cation plan under this section. of the Federal Power Marketing Administra- able to electric energy customers of the ‘‘(B) EXISTING COST ALLOCATION AGREE- tions and the Tennessee Valley Authority Western Area Power Administration. shall establish a program to carry out MENTS.—A project for which a cost allocation ‘‘SEC. 409. SOLAR ENERGY RESERVE PILOT or cost recovery agreement was accepted by projects focusing on the integration of solar PROJECT. energy, through photovoltaic, concentrating the Commission before the date of enact- ‘‘(a) PURPOSE.—The purpose of this section ment of this part shall not be included in solar power systems and other forms and is to establish a solar energy reserve pilot cost allocation under this section. systems, into the respective transmission program on Federal land for the advance- ‘‘SEC. 407. FEDERAL TRANSMITTING UTILITIES grids and into remote and distributed appli- ment, development, assessment, and instal- ENCOURAGING CLEAN ENERGY DE- cations in the respective service territories lation of commercial utility-scale solar elec- VELOPMENT IN NATIONAL RENEW- of the Federal Power Marketing Administra- tric energy systems that will function as a ABLE ENERGY ZONES. tions and Tennessee Valley Authority, potential model for the future development ‘‘(a) LACK OF PRIVATE FUNDS.—If, by the that— of renewable energy zones identified under date that is 3 years after the date of enact- ‘‘(1) take into account the solar energy this Act. ment of this part, no privately-funded entity cycle; ‘‘(b) SITE SELECTION.—The Secretary of En- has committed to financing (through self-fi- ‘‘(2) consider the appropriate use of Federal ergy and the Secretary of the Interior, in nancing or through a third-party financing land for generation or energy storage, where consultation with the Secretary of Defense, arrangement with a Federal transmitting appropriate; and the Commission, States, and tribal and local utility) to ensure the construction and oper- ‘‘(3) do not impair electric reliability. units of government (as appropriate), shall— ation of a green transmission grid project ‘‘(d) GEOTHERMAL INTEGRATION PROGRAM.— ‘‘(1) identify 1 or more areas of Federal The Bonneville Power Administration and (which the Commission has identified as an land under the jurisdiction of the Bureau of essential part of an Interconnection-wide the Western Area Power Administration Land Management or land withdrawn by the green transmission project plan) by a speci- shall establish a joint program to carry out Secretary of Energy for other purposes that fied date, the Federal transmitting utility projects focusing on the development and in- is feasible and suitable for the installation of responsible for the identification under sec- tegration of geothermal energy and en- solar electric energy systems that are suffi- tion 403(d) shall finance such a transmission hanced geothermal system resources into the facility if the Federal transmitting utility respective transmission grids of the Bonne- cient to generate not less than 4 gigawatts has sufficient bonding authority under sub- ville Power Administration and the Western and not more than 25 gigawatts; section (b). Area Power Administration, as well as non- ‘‘(2) not later than 180 days after the date ‘‘(b) BONDING AUTHORITY.— grid, distributed applications in those serv- of enactment of this part, initiate the proc- ‘‘(1) IN GENERAL.—In addition to any other ice territories, including projects combining ess for withdrawal of 1 or more tracts of land authority to issue and sell bonds, notes, and geothermal energy resources with biofuels to the Secretary of Energy pursuant to sec- other evidence of indebtedness, a Federal production or other industrial or commercial tion 204 of the Federal Land Policy and Man- transmitting utility may issue and sell uses requiring process heat inputs, that— agement Act of 1976 (43 U.S.C. 1714) for the bonds, notes, and other evidence of indebted- ‘‘(1) consider the appropriate use of Federal purpose of creating solar energy reserves or ness in an amount not to exceed, at any 1 land for the projects and activities; the designation of land withdrawn to the time, an aggregate outstanding balance of ‘‘(2) displace fossil fuel baseload generation Secretary of Energy for other purposes as a $10,000,000,000, to finance the construction of or petroleum imports; and solar energy reserve; and transmission facilities described in sub- ‘‘(3) do not impair electric reliability. ‘‘(3) identify the needed transmission up- section (a) for the principal purposes of— ‘‘(e) RENEWABLE ELECTRICITY AND ENERGY grades to connect the solar energy reserves ‘‘(A) increasing the generation of elec- SECURITY PROJECTS.— to the transmission grid. tricity from renewable energy; and ‘‘(1) IN GENERAL.—The Federal transmit- ‘‘(c) INELIGIBLE FEDERAL LAND.—A solar ‘‘(B) conveying that electric energy to an ting utilities, shall, in consultation with the energy reserve shall not be established under electricity-consuming area. Commission, the Secretary, the States, and this section on any land excluded for des- ‘‘(2) RECOVERY OF COSTS.—A Federal trans- such other individuals and entities as are ignation under section 402(a)(2). mitting utility shall recover the costs of necessary, undertake geographically diverse ‘‘(d) DEVELOPMENT WITHIN RESERVES.—The green transmission grid project facilities fi- projects within the respective service terri- Secretary of Energy shall— nanced pursuant to subsection (a) from enti- tories of the Federal transmitting utilities ‘‘(1) have the sole authority to issue land ties using the transmission facilities over a to acquire and demonstrate grid-enabled and use authorizations for land withdrawn under period of 50 years. nongrid-enabled plug-in electric and plug-in subsection (b); ‘‘(3) NONLIABILITY OF CERTAIN CUSTOMERS.— hybrid electric vehicles and related tech- ‘‘(2) establish criteria for approving appli- Individuals and entities that, as of the date nologies as part of their fleets of vehicles. cations and developing infrastructure for of enactment of this part, are customers of a ‘‘(2) INCREASE IN RENEWABLE ENERGY USE.— solar reserves; Federal transmitting utility shall not be lia- To the maximum extent practicable, each ‘‘(3) not later than 2 years after the date of ble for the costs, in the form of increased project conducted pursuant to any of sub- enactment of this part, work with Federal rates charged for electric energy or trans- sections (b) through (d) shall include a com- agencies, States, and other interested permission, of green transmission grid project ponent to develop vehicle technology, utility sons to ensure, to the maximum extent prac- facilities constructed pursuant to this sec- systems, batteries, power electronics, or ticable, that adequate infrastructure is tion, except to the extent the customers are such other related devices as are able to sub- available for operation of the first solar en- treated in a manner similar to all other stitute, as the main fuel source for vehicles, ergy reserve; users of the green transmission grid project transportation-sector petroleum consump- ‘‘(4) provide, to the maximum extent prac- facilities. tion with electricity from renewable energy ticable, for a variety of utility-scale solar ‘‘SEC. 408. FEDERAL POWER MARKETING AGEN- sources. electric energy technologies; and CIES. ‘‘(f) REREGULATING DAMS AND PUMPED ‘‘(5) ensure, to the maximum extent prac- ‘‘(a) PROMOTION OF RENEWABLE ENERGY AND STORAGE STUDY.—The Secretary of the Inte- ticable, that all solar energy reserves pursu- ENERGY EFFICIENCY.—Each Federal transmit- rior and the Secretary of the Army (acting ant to this section are permitted using an ting utility shall— through Chief of Engineers), in consultation expedited permitting process. ‘‘(1) identify and take steps to promote en- with the Secretary of Energy, shall— ‘‘(e) DEVELOPING SOLAR ENERGY RE- ergy conservation and renewable energy ‘‘(1) study the potential for reregulating fa- SERVES.— electric resource development in the regions cilities and pumped storage units at Federal ‘‘(1) IN GENERAL.—Subject to paragraph (2), served by the Federal transmitting utility; dams to identify the facilities and units that in carrying out this section, the Secretary and are most worthy of further evaluation; and may— ‘‘(2) identify opportunities to promote the ‘‘(2) submit to Congress a report on the re- ‘‘(A) install appropriate infrastructure, in- development of facilities generating elec- sults of the study, including recommenda- cluding— tricity from renewable energy on Indian land tions on the next steps that should be taken. ‘‘(i) roads; within the service territory of the Federal ‘‘(g) WIND OR SOLAR–HYDRO INTEGRATION ‘‘(ii) renewable feeder lines that connect to transmitting utility. DEMONSTRATION PROJECT.— transmission lines; and

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‘‘(iii) equipment to access public or private ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— each of the States described in paragraph (2) utility systems; There are authorized to be appropriated to be signatories to the amended memorandum ‘‘(B) recover reasonable costs to pay for the Secretary of Energy and the Secretary of of understanding. the management of the solar energy reserves the Interior such sums as are necessary to ‘‘(C) DESIGNATION OF QUALIFIED STAFF.— and maintenance of the infrastructure relat- carry out this section. Not later than 30 days after the date of the ing to the use of the land, except that the ‘‘SEC. 410. RELATIONSHIP TO OTHER LAWS. signing of the amended memorandum of un- Secretary shall not recover costs to pay for ‘‘Nothing in this part supersedes or affects derstanding, all Federal signatory parties infrastructure if the costs have or will be any Federal environmental, public health or shall, if appropriate, assign to each Renew- paid for by Federal funds, to remain avail- public land protection, or historic preserva- able Energy Pilot Project Offices designated able until expended; and tion law, including— under paragraph (2) an employee described in ‘‘(C) negotiate agreements on behalf of all ‘‘(1) the National Environmental Policy subsection (c) to carry out duties described solar electricity systems within the solar en- Act of 1969 (42 U.S.C. 4321 et seq.); in that subsection. ergy reserve for— ‘‘(2) the Endangered Species Act of 1973 (16 ‘‘(D) ADDITIONAL PERSONNEL.—The Sec- ‘‘(i) the purchase of materials and equip- U.S.C. 1531 et seq.); and retary shall assign to each Renewable En- ment; ‘‘(3) the National Historic Preservation Act ergy Pilot Project Office additional per- ‘‘(ii) the provision of public utility services (16 U.S.C. 470 et seq.). sonnel under subsection (f).’’. and other services; and (b) PERMIT PROCESSING IMPROVEMENT ‘‘SEC. 411. REGULATIONS. ‘‘(iii) access to electric transmission facili- FUND.—Section 35(c)(3) of the Mineral Leas- ‘‘Except as otherwise provided in this part, ties. ing Act (30 U.S.C. 191(c)(3)) is amended— not later than 1 year after the date of enact- ‘‘(2) OPTING OUT.—A developer of a solar (1) by striking ‘‘use authorizations’’ and ment of this part, the Commission shall pro- electricity system shall have the option, inserting ‘‘and renewable energy use author- mulgate such regulations as are necessary to prior to the effective date of the agreement, izations’’; and carry out this part.’’. to opt out of any agreement negotiated by (2) by striking ‘‘section 365(d)’’ and insert- (b) GREEN TRANSMISSION INFRASTRUCTURE the Secretary under paragraph (1)(C). ing ‘‘subsections (d) and (k)(2) of section INCENTIVE RATES.—Section 219(a) of the Fed- ‘‘(f) ROYALTIES AND FEES.— 365’’. ‘‘(1) IN GENERAL.—In lieu of rental fees, eral Power Act (16 U.S.C. 824s(a)) is amended by striking ‘‘purpose of’’ and all that follows each solar electricity system developer shall THE CLEAN RENEWABLE ENERGY AND ECO- through the end of the subsection and insert- pay to the Secretary a royalty on the sale of NOMIC DEVELOPMENT ACT OF 2009—SUMMARY ing ‘‘purpose of— electricity produced from a solar electricity Sec. 402. Renewable Energy Zones: This bill ‘‘(1) benefitting consumers by ensuring re- system placed into service on a solar energy directs the President to designate renewable liability and reducing the cost of delivered reserve established under this section. energy zones, which are areas that can gen- power by reducing transmission congestion; ‘‘(2) AMOUNT OF ROYALTY.—The amount of erate in excess of 1 gigawatt of electricity or the royalty payable for a solar electricity from renewable energy, include rural areas ‘‘(2) integrating renewable energy re- system placed into service on a solar energy or Federal land, and have insufficient trans- sources into the transmission system.’’. reserve under this subsection shall be equal mission capacity to achieve their renewable (c) MAXIMUM FUNDING AMOUNT FOR THIRD- to 1.0 mil per kilowatt-hour of electricity energy generation potential. This bill ex- PARTY FINANCE.—Section 1222 of the Energy generated by the facility. cludes environmentally sensitive and cul- Policy Act of 2005 (42 U.S.C. 16421) is amend- ‘‘(3) DEPOSIT IN TREASURY.—All royalties turally significant areas from renewable ened by striking subsection (g) and inserting received by the United States from royalties ergy zones. under this subsection shall be deposited in the following: Electricity from renewable energy is de- the Treasury. ‘‘(g) MAXIMUM FUNDING AMOUNT.—The Sec- fined to include solar, wind, geothermal, bio- ‘‘(4) USE OF ROYALTIES.— retary shall not accept and use more than mass, biogas, incremental hydroelectric ca- ‘‘(A) IN GENERAL.—Subject to subpara- $2,500,000,000 under subsection (c)(1) for the pacity and hydrokinetic resources. graphs (B) and (C), of the amount of royal- period of fiscal years 2009 through 2018.’’. Some areas, especially the Western U.S., ties deposited in the Treasury from a solar (d) ENFORCEMENT.—Section 316A of the already have processes in place to identify energy reserve for a fiscal year under para- Federal Power Act (16 U.S.C. 825o–1) is renewable energy zones. Recognizing the on- graph (3)— amended by striking ‘‘part II’’ each place it going efforts in the Western U.S., this bill al- ‘‘(i) 20 percent shall be paid to the 1 or appears and inserting ‘‘part II or IV’’. lows the President to use zones designated more States within the boundaries of which SEC. 4. RENEWABLE ENERGY PILOT PROJECT OF- through existing processes, and sets dead- the solar energy reserve is located; FICES. lines on designating renewable energy zones ‘‘(ii) 30 percent shall be paid to the 1 or (a) IN GENERAL.—Section 365 of the Energy for the Western Interconnection of 90 days more counties within the boundaries of Policy Act of 2005 (42 U.S.C. 15924) is amend- after enactment of the bill and 270 days after which the solar energy reserve is located; ed by adding at the end the following: enactment of the bill for the Eastern Inter- ‘‘(iii) 20 percent shall be deposited in a sep- ‘‘(k) PILOT PROJECT OFFICE TO IMPROVE connection. arate account in the Treasury, to be known FEDERAL PERMIT COORDINATION FOR RENEW- Sec. 403. Interconnection-Wide Green as the ‘BLM Solar Energy Permit Processing ABLE ENERGY.— Transmission Grid Planning: Transmission Improvement Fund’, except that if the Fund ‘‘(1) DEFINITION OF RENEWABLE ENERGY.—In planning today is a geographically frag- equals $10,000,000 or more, no additional roy- this subsection, the term ‘renewable energy’ mented, lengthy process that does not ad- alties under this subsection shall be depos- means energy derived from a wind, solar, dress the types of projects needed to inte- ited in the Fund; and geothermal, or biomass source. grate renewable energy into the trans- ‘‘(iv) 5 percent shall be deposited into a ‘‘(2) FIELD PROJECT OFFICES.—As part of the mission grid. The U.S. electric transmission separate account in the Treasury, to be Pilot Project, the Secretary shall designate 1 network is divided into three interconnec- known as the ‘Solar Energy Land Reclama- or more field offices of the Bureau of Land tions, the West, the East, and Texas. This tion, Remediation, and Restoration Fund’. Management in each of the following States bill requires participatory and transparent ‘‘(B) BLM SOLAR ENERGY PERMIT PROC- to serve as Renewable Energy Pilot Project transmission planning on an interconnec- ESSING IMPROVEMENT FUND.—Amounts depos- Offices for coordination of Federal permits tion-wide basis for green transmission ited under subparagraph (A)(iii) shall be for renewable energy projects and renewable projects to integrate renewable electricity available to the Secretary of the Interior for energy transmission involving Federal land resources from renewable energy zones into expenditure, without further appropriation (other than permits issued by the Federal the transmission grid. The objective of the and without fiscal year limitation, for the Energy Regulatory Commission): planning process is to enhance transmission purpose of paying for the coordination and ‘‘(A) Arizona. access for electricity from renewable energy processing of solar energy right-of-way per- ‘‘(B) California. in renewable energy zones, while recognizing mit and land use applications and planning ‘‘(C) Colorado. national economic, reliability, and security for solar energy development on land under ‘‘(D) Oregon or Washington. goals. The planning process established in the jurisdiction of the Bureau of Land Man- ‘‘(E) New Mexico. this bill must be based on established and agement. ‘‘(F) Nevada. projected Federal and State renewable en- ‘‘(C) SOLAR ENERGY LAND RECLAMATION, RE- ‘‘(G) Montana. ergy policies and targets. This bill requires MEDIATION, AND RESTORATION FUND.— ‘‘(H) Wyoming. the planning process to solicit input from all Amounts deposited under subparagraph ‘‘(3) MEMORANDUM OF UNDERSTANDING.— stakeholders, including transmission owners, (A)(iv) shall be available to the Secretary of ‘‘(A) IN GENERAL.—Not later than 90 days regional transmission organizations, inde- Energy for expenditure, without further ap- after the date of enactment of this sub- pendent system operators, State commis- propriation and without fiscal year limita- section, the Secretary shall enter into an sions, electricity generators, prospective de- tion, for the purpose of reclaiming, remedi- amended memorandum of understanding velopers of new transmission and generation ating, and restoring land within a solar en- under subsection (b) to provide for the inclu- resources, regional reliability organizations, ergy reserve on which a solar electricity fa- sion of the additional Renewable Energy and environmental protection and land, cility has permanently ceased operation be- Pilot Project Offices in the Pilot Project. water, and wildlife conservation groups. fore disposal or for withdrawn land that is ‘‘(B) SIGNATURES BY GOVERNORS.—The Sec- This bill requires the plan to consider al- returned to the Department of the Interior. retary may request that the Governors of ternatives to new transmission, including

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.064 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2846 CONGRESSIONAL RECORD — SENATE March 5, 2009 energy efficiency, demand response, distrib- with renewable generators, or to renewable dams and allows WAPA to fund a wind-hydro uted generation, and cost-effective energy generation developers, when offering firm or solar-hydro integration demonstration storage. transmission rights. project. To expedite building transmission to meet As a condition for federal siting, each Sec. 409. Solar Energy Reserve Pilot the President’s renewable energy goal, this transmission project developer must dem- Project: This bill establishes a pilot program bill requires the interconnection-wide green onstrate that it has sufficient capacity to on Federal land for commercial utility-scale transmission plans to be submitted to the connect multiple renewable generation re- solar electric energy systems on lands iden- Commission within 1 year of the deadline for sources in the renewable energy zone(s) to tified by the Secretary of Interior and the designation of renewable energy zones. which it connects, based on reliability cri- Secretary of Energy. If a regional planning entity does not orga- teria, land use limitations, economic consid- Sec. 410. Investment incentives: To encour- nize a planning process, or does not complete erations and the potential generation capac- age investment in green transmission a plan by the deadlines established by FERC, ity of the renewable energy zones inter- projects, this bill extends infrastructure in- this bill gives FERC backstop planning au- connected to the project. This will allow fu- vestment incentives from the Energy Policy thority to establish a planning process and ture renewable generators to connect to the Act of 2005 to include transmission projects conduct planning, in consultation with DOE, transmission system without building mul- that integrate renewable energy resources federal power marketing authorities, the tiple transmission lines through an area. into the transmission system. The limit on electric reliability organization and regional Large transmission lines may pass through third-party financing of transmission invest- reliability organizations. This bill also gives states without providing any benefit to the ments in the Western Area and South- FERC backstop planning authority for any state. This bill requires green transmission western Area Power Administration terri- state that does not participate in an inter- projects that use federal siting authority to tories is raised to $2.5 billion. connection-wide planning process. provide transmission access to load or gen- To cover costs of regional planning entities eration in each state they pass through. If a and states participating in interconnection- By Mr. KENNEDY (for himself, project cannot provide interconnection to a Mr. LEAHY, Mr. DURBIN, Mr. wide planning, this bill establishes a sur- state, that state will be eligible for addi- DODD, Mr. HARKIN, Mr. BINGA- charge on all transmission customers. The tional funds through DOE grants. funds from the surcharge will be distributed Sec. 405. Grants for green transmission MAN, Mr. REED, Mr. SANDERS, to regional planning entities and to states grid project plans: This bill authorizes the Mr. BROWN, Mr. CASEY, Mrs. whose governors certify that they are par- DOE, in consultation with FERC, to make HAGAN, Mr. MERKLEY, Mr. ticipating in green transmission planning for grants to states and planning entities to im- WHITEHOUSE, Mrs. MCCASKILL, the first year, and subject to timely submis- plement the planning and siting described in Mr. JOHNSON, Mr. SCHUMER, Mr. sion of a green transmission grid plan in sub- this bill, for transmission improvements in- UDALL of New Mexico, and Mrs. sequent years. State Governors are also re- cluding smart grid investments, for training BOXER): quired to demonstrate that planning entities for state public utility commission staff, for are able to effectively represent a wide spec- mitigation of landowner concerns, for habi- S. 540. A bill to amend the Federal trum of stakeholders, including the protec- tat and wildlife conservation, for security Food, Drug, and Cosmetic Act with re- tion and conservation of land, consumer pro- upgrades to the transmission system, for en- spect to liability under State and local tection, and fish and wildlife protection. ergy storage, for reliability projects, trans- requirements respecting devices; to the Sec. 404. Federal Siting of Green Trans- mission business development, and for dis- Committee on Health, Education, mission Grid Project Facilities: Trans- tributed generation projects. These grants Labor, and Pensions. mission line siting is currently conducted are funded through the American Recovery Mr. LEAHY. Mr. President, I am through a separate process in each state, and Reinvestment Act of 2009, and in the fu- pleased to join Senator KENNEDY once which can cause lengthy delays for multi- ture through sale of carbon allowances if a state transmission lines. This bill allows carbon allowance system is implemented. again in the introduction of this impor- transmission project developers to apply to These grants are available only to states tant legislation. The bill that we intro- FERC for federal backstop siting for green that participate in green transmission grid duce today will correct the Supreme transmission projects that are part of the planning and implement green transmission Court’s decision in Riegel v. Medtronic, green transmission grid plan and integrate grid projects in a timely fashion. which misconstrued the intent of Con- renewable energy resources from renewable Sec. 406. Cost Allocation: This bill encour- gress and cut off access to our Nation’s energy zones, or for transmission projects ages the States and participants in a green courts for citizens injured or killed by that FERC determines are needed to inte- transmission plan to agree on and propose a grate renewable generation resources. For cost allocation to FERC. If no cost alloca- defective medical devices. states that participate in interconnection- tion is filed, this bill allows FERC to deter- Last year, the Senate Judiciary Com- wide planning, this bill requires FERC to mine a just and reasonable cost allocation mittee held a series of hearings to ex- consider state recommendations in siting the that takes account of the widely distributed amine the way in which the Supreme line, and to work with states to resolve dif- impacts of the transmission project. This bill Court’s decisions in the areas of retire- ferences. This bill gives FERC the authority allows FERC to allocate costs to all users, ment benefits, consumer product safe- to issue a construction permit, including the owners, and operators of the bulk power sys- ty, workplace discrimination, and per- right of eminent domain, for green trans- tem in a region of an interconnection or sonal finance have consistently trended mission projects that meet specific condi- throughout an interconnection. tions, including a minimum renewable re- This bill provides that costs of a green against the rights of consumers and in quirement, optimizing transmission capac- transmission project initially built with favor of big business. In many cases ity, and providing transmission access to extra transmission capacity to multiple re- that have profound effects on the lives states the project passes through. To coordi- newable generators can initially be allocated of ordinary Americans, the Court has nate the process of siting transmission on with the cost allocation. As new generation either ignored the intent of Congress, Federal lands, this bill sets FERC as the lead projects interconnect, they will pay their deferred to corporate interests, or sided agency for environmental reviews, with a share of the transmission grid project, reduc- with a Federal agency’s flawed inter- single environmental review document, and ing the effect on rates of the transmission directs affected agencies to develop a memo- provider’s customers. pretation of a congressional statute’s randum of understanding, including a sched- Sec. 407. Encouraging Clean Energy Devel- preemptive force to disadvantage con- ule for environmental review and a budget opment in Renewable Energy Zones: To en- sumers. The impact of the decisions necessary to carry out the schedule. sure that transmission projects needed to in- that were the focus of those hearings This bill ensures that green transmission tegrate renewable energy resources get built continues to be felt by Americans projects are truly green by requiring trans- in a timely manner, this bill allows federal today, whether they are prohibited mission line siting to consider and use alter- transmitting utilities to construct projects from seeking redress in the courts for native routes where possible to avoid envi- if no privately-funded entity commits to fi- an injury caused by a defective prod- ronmentally sensitive or culturally signifi- nancing them within 3 years. This bill ex- cant areas. In addition, this bill requires tends bonding authority of federal transmit- uct, paying exorbitant credit card in- transmission projects that use federal siting ting utilities to finance construction of terest rates and fees with no relief authority to ensure that at least 75% of the transmission. from the laws of their own State, or capacity of transmission project is available Sec. 408. Federal power marketing agen- subjected to the unscrupulous practices to renewable generation, or the maximum cies: This bill directs federal power mar- of some in the mortgage lending indus- possible amount of renewable generation keting agencies to promote renewable entry. that can be reliably interconnected. In addi- ergy and energy efficiency, by developing These hearings raised awareness in tion, to ensure that renewable generation re- wind, solar and geothermal integration pro- sources have access to transmission, trans- grams, and directs the federal transmitting Congress, and among Americans, about mission providers for green transmission utilities to undertake renewable electricity the impact the Supreme Court has on projects that use federal siting must give and energy security projects. It also directs our everyday lives. And I am especially priority to load-serving entities contracting WAPA to study reregulating hydroelectric proud that following on these hearings,

VerDate Nov 24 2008 03:40 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.040 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2847 and through the efforts of a determined precisely to protect consumers from brought suit arising from Medtronic’s and principled congressional majority, dangerous medical devices. Towards Sprint Fidelis defibrillator—specific we witnessed our constitutional democ- that end, Congress gave the FDA the models of thin wires that connect an racy at work when President Obama authority to approve, prior to a prod- implantable cardiac-defibrillator di- signed the Lilly Ledbetter Fair Pay uct entering the market, certain med- rectly to the heart. In October 2007, the Act. I am heartened that Congress re- ical devices. For over 30 years the MDA product was recalled after lead frac- claimed the intent of its original legis- has been in effect, and over that period tured in several cases and was thought lation and overrode the Supreme Court FDA regulation and tort liability have to contribute to deaths and serious in- to restore the rights of Americans to complimented each other in protecting juries. Again, because of the Court’s be free from discrimination in the consumers. ruling, injured plaintiffs have no re- workplace. Given the MDA’s purpose, and the course against the company that Just yesterday in the case of Wyeth fact it has operated successfully for 30 caused the harm. v. Levine the Supreme Court foreclosed years, I was disheartened to find the While FDA approval of medical de- the need for Congress to act in another Court twist the meaning of the statute vices, moreover, is important, it can- important area when it validated the to strip from consumers all remedies not be the sole protection for con- views of many by rejecting the Bush when a medical device fails. In consumers. FDA approval is simply inad- administration and the Food and Drug torted logic, the Court found that the equate to replace the longstanding Administration’s extravagant views of FDA’s requirements in approving a safety incentives and consumer protec- a regulatory agency’s ability to pre- medical device preempted State laws tions State tort law provides. empt State law. I am glad the Court designed to ensure that manufacturers As a senior member of the Health, spoke clearly and decisively on this marketed safe devices. In other words, Education, Labor and Pension Com- issue. The Court’s decision was not the Court believes that a company’s re- mittee, which has oversight over FDA, only a vindication of Congress’s pri- sponsibility to its patients ends when I have worked hard to ensure that the mary authority to pre-empt State law, it receives FDA approval. I strenuously FDA performs its job. No matter how but a victory for every American who disagree. effective the FDA is, however, the FDA relies upon pharmaceutical drugs and In fact, there is absolutely no evi- simply cannot guarantee that no defec- entrusts the manufacturers of those dence that Congress intended that tive, dangerous, and deadly medical de- drugs with insuring their safety. The under the MDA consumers would lose vice will reach consumers. As the Court’s decision also vindicated the their only avenue for receiving com- former Director of the FDA’s Center laws and courts of the State of pensation for injuries caused by neg- for Devices and Radiological Health ac- Vermont, and I am proud to have ex- ligent or inadequately labeled devices. knowledged, the FDA’s ‘‘system of ap- pressed my views to the Court as to Not a single Member or committee re- proving devices isn’t perfect, and that Congress’s intent in this area and on port articulated the view that the stat- unexpected problems [with approved behalf of Diana Levine. ute would preempt State tort law. devices] do arise.’’ In 1993, a House re- Nevertheless, because of the Court’s The bill we introduce today is an- port identified a ‘‘number of cases in decision, it is imperative that Congress other important step to correct an er- which the FDA [had] approved devices act to ensure that those harmed by roneous reading by the Court of that proved unsafe in use.’’ Congress’s intent in enacting the med- flawed medical devices can seek com- The fact is, the FDA conducts the ap- ical device amendments of 1976. This pensation. The bill introduced today proval process with minimal resources legislation will make explicit that the addresses the Court’s action by explic- and simply does not have adequate preemption clause in the medical de- itly stating that actions for damages funds to genuinely ensure that devices vice amendments upon which the Court under State law are preserved. Specifi- are safe or to properly and effectively relied does not, and never was intended cally, it amends section 521 of the Fed- reevaluate approvals as new informa- to preempt the common law claims of eral Food, Drug, and Cosmetic Act to tion is available. consumers injured by a federally ap- state that the section shall not be con- Further, the FDA approval process is proved medical device. strued to modify or otherwise affect The extraordinary power to preempt any action for damages or the liability based on partial information. A prin- State law and regulation lies with Con- of any person under the law of any cipal shortcoming is that the device’s gress alone. Where the Court reaches to State. And the bill applies retro- manufacturer compiles the studies and the extent it did in the Riegel decision actively to the date of the enactment data supporting an application, and the to find Federal preemption contrary to of the MDA, consistent with Congress’s data is often unreliable. And the FDA what Congress intended, Congress is intent when it passed that act over 30 does not conduct independent inves- compelled to act, just as it was in the years ago. Practically, that means that tigations into a device’s safety. A man- case of Lilly Ledbetter. I hope all Sen- it applies to cases pending on the date ufacturer, moreover, is not required to ators will join us in this effort. of enactment of this legislation or submit information about development Mr. HARKIN. Mr. President, I am claims for injuries sustained prior to of the device, including alternative de- proud to join my colleagues in reintro- enactment. signs, manufacturing methods, and la- ducing the Medical Device Safety Act. The harm from Riegel, unless Con- beling possibilities that the manufac- This legislation reverses the Supreme gress acts, cannot be more real. In the turer considered but rejected. Court’s erroneous decision in Riegel v. year since Riegel was decided alone, In 1993, an FDA committee found Medtronic. There, the Court misread a courts across the country have dis- flaws in the design, conduct, and anal- statute designed to protect consumers missed product liability claims. Take ysis of the clinical studies used to sup- by giving the Food and Drug Adminis- Charles Riegel. During an angioplasty, port applications that were ‘‘suffi- tration, FDA, the authority to approve a catheter burst and caused him seri- ciently serious to impede the agency’s medical devices as preempting State ous injuries and disabilities, and a ability to make the necessary judg- tort claims when a medical device State jury found Medtronic negligent. ments about [device] safety and effec- causes harm. Riegel prevents con- Because of the Supreme Court’s deci- tiveness.’’ It added, ‘‘[o]ne of the main sumers from receiving fair compensa- sion, however, Mr. Riegel’s wife will re- reasons [problems arise after approval] tion for injuries sustained, medical ex- ceive no compensation for the defective is that the data upon which we base penses incurred and lost wages, and it design and inadequate warning. Take our safety and effectiveness decisions must be reversed. Gary Despain. A defective hearing aid isn’t perfect.’’ Likewise, in 1996, the in- Congressional action should be un- caused severe damage to his right ear, spector general of the Department of necessary. When Congress passed the and he became disabled and unem- Health and Human Services reported Medical Device Amendments, or MDA, ployed. Because of the Supreme Court’s ‘‘serious deficiencies . . . in the clin- in 1976, it did so ‘‘[t]o provide for the decision, Mr. Despain has no ability to ical data submitted as part of pre-mar- safety and effectiveness of medical de- see remedies for his injuries. ket applications.’’ vices intended for human use.’’ In Recently, a court dismissed the Moreover, there is very little FDA other words, Congress passed the MDA claims of almost 1,500 patients who oversight once a device reaches doctors

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.061 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2848 CONGRESSIONAL RECORD — SENATE March 5, 2009 and patients. In fact, even the best de- Congress. And if they don’t like the Su- size of banks has tripled. Even more signed and most reliable clinical stud- preme Court’s interpretation of it, they important, the financial system is ies by their very nature cannot dupli- can change it.’’ under considerable stress, and the level cate all aspects and hazards of every- Make no mistake, moreover, it can of thrift and bank failures has been ris- day use. Moreover, while manufactur- be done. Last year, Congress passed ing. This line of credit is designed ers are supposed to report defects and and the President signed the ADA strictly to serve as a backstop to cover injuries, the FDA has admitted that Amendments Act, reversing decisions potential losses to the DIF. there is ‘‘severe underreporting’’ of de- in which the Court consistently mis- Though this statutory borrowing au- fects and injuries. construed the will of Congress and held thority has historically never been Given the FDA’s limitations, it is that the ADA does not protect many tapped, and Chairman Bair has made crucial that an individual have a right people with serious disabilities from clear she does not anticipate doing so, to seek redress. When defective med- discrimination. This year, we were suc- I agree with Chairman Bair, Secretary ical devices reach the market, whether cessful in reversing the Court’s draco- Geithner, and Chairman Bernanke that or not approved by the FDA, patients nian Lilly Ledbetter decision, making under current economic circumstances are often injured. Those injured are clear that those discriminated against such an increase in borrowing author- often left temporarily unable to work do have a recourse in law. ity is both prudent and necessary. It is or to enjoy normal lives, and in many Those injured by faulty medical de- important that we increase this line of cases never fully recover. State tort vices deserve to have their day in court borrowing authority so that the FDIC law provides the only relief for patients and are entitled to compensation when has the funds available which might be injured by defective medical devices they are injured by faulty medical de- needed to meet its obligations to pro- and should not be foreclosed. vices, have medical expenses to pay tect insured depositors and to reassure Not only does access to State court and lost wages, regardless of whether the public that the Government con- mean that a person injured can receive the FDA approved a device. We must tinues to stand firmly behind the fair compensation, but there are other reverse this erroneous decision and en- FDIC’s insurance guarantee. advantages. Such suits aid in exposing sure that those who have suffered seri- Additionally, on Friday, February 27, dangers and serve as a catalyst to ad- ous injury at the hands of others re- the FDIC Board voted to impose a one- dress their consequences. Through dis- ceive justice. time special assessment of 20 basis covery, litigation can help uncover pre- points on insured depository institu- viously unavailable information on ad- By Mr. DODD (for himself, Mr. tions because of concern about the verse effects of products that might CRAPO, Mr. AKAKA, Mr. BROWN, level of the DIF. This special assess- not have been caught during the regu- Mr. CORKER, Mr. BOND, and Mr. ment is in addition to the regular pre- latory system. Litigants can demand ISAKSON): miums, which were increased on Feb- documents and information on product S. 541. A bill to increase the bor- ruary 27 to a range of 12 to 16 basis risks that might not have been shared rowing authority of the Federal De- points. The DIF is significantly below with the FDA. In this way, the public posit Insurance Corporation, and for the statutory minimum reserve ratio as a whole is alerted to dangers in med- other purposes; to the Committee on of 1.15. As of December 31, 2008, the DIF ical products. Banking, Housing, and Urban Affairs. ratio stood at .4. The FDIC has in- Finally, providing the ability to sue Mr. DODD. Mr. President, I have formed us that with the increased bor- when injured provides an important in- been approached, along with my col- rowing authority provided in this legis- centive to manufacturers to use the ut- league Senator SHELBY and leaders of lation, it believes it can reduce the size most care. Additionally, threat of prod- the House Financial Services Com- of the special assessment while still uct liability suits creates continuing mittee, by the Chairman of the Federal maintaining appropriate assessments incentives for product manufacturers Deposit Insurance Corporation, Sheila at a level that supports the DIF with to improve the safety of their device, Bair, with a request to increase sub- funding from the banking industry. even after FDA approval. stantially the FDIC’s borrowing au- Mr. President, I ask unanimous con- As the Supreme Court recognized thority from Treasury from the cur- sent that the text of the bill and let- this week, in Wyeth v. Levine, in hold- rent $30 billion to $100 billion, for use ters of support be printed in the ing that failure to warn claims involv- by the FDIC’s Deposit Insurance Fund RECORD. ing FDA approved drugs are not pre- and for temporary additional bor- There being no objection, the mate- empted, ‘‘[s]tate tort suits uncover un- rowing authority to help weather the rial was ordered to be printed in the known drug hazards and provide incen- economic crisis. In response to her re- RECORD, as follows: tives for drug manufacturers to dis- quest, I am introducing the Depositor S. 541 close safety risks promptly. They also Protection Act of 2009, which provides Be it enacted by the Senate and House of Rep- serve a distinct compensatory function this authority. We are taking this step resentatives of the United States of America in that may motivate injured persons to out of an abundance of caution and to Congress assembled, come forward with information.’’ The meet any contingencies that the fund SECTION 1. SHORT TITLE. Court continued, ‘‘the FDA has long may face in the coming months. This Act may be cited as the ‘‘The Deposi- maintained that state law offers an ad- The FDIC’s Deposit Insurance Fund tor Protection Act of 2009’’. DIF absorbs losses that result from the SEC. 2. INCREASED BORROWING AUTHORITY OF ditional, and important, layer of con- THE FEDERAL DEPOSIT INSURANCE sumer protection that complements corporation’s obligation to protect in- CORPORATION. FDA regulation.’’ sured deposits when FDIC-insured fi- Section 14(a) of the Federal Deposit Insur- The same consumer protection that nancial institutions fail. Insured finan- ance Act (12 U.S.C. 1824(a)) is amended— State courts provide which the Court cial institutions pay premiums that (1) by striking ‘‘$30,000,000,000’’ and insert- recognized as important in the context support the DIF and under current law ing ‘‘$100,000,000,000’’; of faulty drug warnings is equally im- those premiums can be increased to (2) by striking ‘‘The Corporation is authorized’’ and inserting the following: portant for those consumers harmed by cover any losses to the fund. ‘‘(1) IN GENERAL.—The Corporation is au- faulty medical devices. Today, the House passed legislation thorized’’; In conclusion, sadly the Court fun- to substantially and permanently in- (3) by striking ‘‘There are hereby’’ and in- damentally misread Congress’s intent crease this borrowing authority as part serting the following: in passing the Medical Device Amend- of H.R. 1106, the Helping Families Save ‘‘(2) FUNDING.—There are hereby’’; and ments in 1976, and Reigel appears to Their Homes Act of 2009. Last month, (4) by adding at the end the following: represent yet another victory by big Treasury Secretary Geithner and ‘‘(3) TEMPORARY INCREASES AUTHORIZED.— business over consumers. That is not, Chairman Bernanke of the Federal Re- ‘‘(A) RECOMMENDATIONS FOR INCREASE.— however, the final say on the matter. serve Board wrote to me to underscore During the period beginning on the date of enactment of this paragraph and ending on To quote Chief Justice Roberts, ‘‘every their support for the FDIC’s increased December 31, 2010, if, upon the written rec- area involving an interpretation of a borrowing authority. ommendation of the Board of Directors statute, the final say is not with the Since the FDIC’s borrowing author- (upon a vote of not less than two-thirds of Supreme Court, the final say is with ity was last increased in 1991, the asset the members of the Board of Directors) and

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.067 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2849 the Board of Governors of the Federal Re- While the industry would still pay assess- it with the Treasury Department in the past, serve System (upon a vote of not less than ments to the DIF to cover projected losses the proposed increase in the limit is a rea- two-thirds of the members of such Board), and rebuild the Fund over time, a lower spe- sonable and prudent step to ensure that the the Secretary of the Treasury (in consulta- cial assessment would mitigate the impact FDIC can effectively meet any potential fu- tion with the President) determines that ad- on banks at a time when they need to serve ture. obligations. ditional amounts above the $100,000,000,000 their communities and revitalize the econ- The Treasury Department also supports amount specified in paragraph (1) are nec- omy. the FDIC’s request to make future adjust- essary, such amount shall be increased to In conclusion, the Depositor Protection ments to the line of credit based on exigent the amount so determined to be necessary, Act would leave no doubt that the FDIC will circumstances, but recommends that such not to exceed $500,000,000,000. have the resources necessary to address fu- future adjustments require the concurrence ‘‘(B) REPORT REQUIRED.—If the borrowing ture contingencies and seamlessly fulfill the of both the Secretary of the Treasury and authority of the Corporation is increased government’s commitment to protect in- the Chairman of the Board of Governors of above $100,000,000,000 pursuant to subpara- sured depositors against loss. I strongly sup- the Federal Reserve System. This future ad- graph (A), the Corporation shall promptly port this legislation and look forward to justment mechanism would provide an addi- submit a report to the Committee on Bank- working with you to enact it into law. tional layer of protection for insured deposi- ing, Housing, and Urban Affairs of the Sen- Sincerely, tors and enhance the confidence of financial ate and the Committee on Financial Services SHEILA C. BAIR, markets during this turbulent period. of the House of Representatives describing Chairman. The Treasury Department also supports the reasons and need for the additional bor- the FDIC having authority to determine the rowing authority and its intended uses.’’. BOARD OF GOVERNORS OF THE time period for recovering any loss to the in- FEDERAL RESERVE SYSTEM, surance fund resulting from actions taken FEDERAL DEPOSIT Washington, DC, February 2, 2009. after a systemic risk determination by the INSURANCE CORPORATION, Hon. CHRISTOPHER J. DODD, Secretary of the Treasury. Washington, DC, March 5, 2009. Chairman, Committee on Banking, Housing, I hope that you find our views useful in the Hon. CHRISTOPHER J. DODD, and Urban Affairs, U.S. Senate, Wash- Committee’s consideration of the FDIC’s re- Chairman, Committee on Banking, Housing, ington, DC. quest. Thank you for the opportunity to and Urban Affairs, U.S. Senate, Wash- DEAR MR. CHAIRMAN: I am writing to join share these views. ington, DC. the Secretary of the Treasury in expressing Sincerely, my agreement that the authority of the Fed- 1DEAR MR. CHAIRMAN: I am writing to ex- TIMOTHY F. GEITHNER, press my support for the Depositor Protec- eral Deposit Insurance Corporation (FDIC) to Secretary of the Treasury. tion Act of 2009, legislation to increase the borrow from the Treasury Department Federal Deposit Insurance Corporation’s bor- should be increased to $100 billion from its f current level of $30 billion. While the FDIC rowing authority with the Treasury Depart- SUBMITTED RESOLUTIONS ment if losses from failed financial institu- has substantial resources in the Deposit In- tions exceed the industry funded resources of surance Fund, the line of credit with the the Deposit Insurance Fund (DIF). Treasury Department provides an important As you know, the FDIC’s borrowing au- back-stop to the fund and has not been ad- SENATE RESOLUTION 65—HON- thority was set in 1991 at $30 billion and has justed since 1991. An increase in the line of ORING THE 100TH ANNIVERSARY not been raised since that date. Assets in the credit is a reasonable and prudent step to en- OF FORT MCCOY IN SPARTA, banking industry have tripled since 1991, sure that the FDIC can effectively meet po- WISCONSIN from $4.5 trillion to $13.6 trillion. As I indi- tential future obligations during periods cated in my previous letter of January 26, such as the difficult and uncertain economic Mr. KOHL submitted the following 2009, the FDIC believes it is prudent to ad- climate that we are currently experiencing. resolution; which was referred to the just the statutory line of credit proportion- I also support legislation that would allow Committee on Armed Services: the Secretary of the Treasury, in consulta- ately to leave no doubt that the FDIC can S. RES. 65 immediately access the necessary resources tion with the Chairman of the Board of Gov- to resolve failing banks and provide timely ernors of the Federal Reserve System if Con- Whereas 2009 is the 100th anniversary of protection to insured depositors. gress believes that to be appropriate, to in- the Army operating a military installation The legislation would include important crease the FDIC’s line of credit with the in Sparta, Wisconsin; additional authority for the FDIC and would Treasury in exigent circumstances. This Whereas the Army began training in Mon- rationalize the FDIC’s current borrowing au- mechanism would allow the FDIC to respond roe County, Wisconsin on the 4,000-acre fam- thority. Under current law, the FDIC has the expeditiously to emergency situations that ily farm of Robert Bruce McCoy in Sep- authority to borrow up to $30 billion from may involve substantial risk to the financial tember 1905; Treasury to cover losses incurred in insuring system. Whereas the Army purchased the McCoy deposits up to $100,000. In addition, when The Federal Reserve would be happy to farm and established the Sparta Maneuver Congress temporarily increased deposit in- work with your staff on this matter, as well Tract on June 8, 1909; surance coverage to $250,000, it temporarily as on the other amendments under consider- Whereas the Sparta Maneuver Tract was lifted all limits on the FDIC’s borrowing au- ation that would allow the FDIC more flexi- officially designated Camp McCoy on Novem- thority to implement the new deposit insur- bility in the timing and scope of assessments ber 19, 1926, in honor of Major General Robert ance obligation. that it charges to recover costs to the De- Bruce McCoy; The bill would permanently increase the posit Insurance Fund in the event that the Whereas Camp McCoy served as one of the FDIC’s authority to borrow from Treasury systemic risk exception in the Federal De- largest and most modern artillery camps in from $30 billion to $100 billion. In addition posit Insurance Act has been invoked. the Nation, training field artillery units for the bill also would temporarily authorize an Sincerely, deployment in World War I; increase in that borrowing authority above BEN S. BERNANKE, Whereas Camp McCoy served as a supply $100 billion (but not to exceed $500 billion) Chairman. base for the Civilian Conservation Corps dur- based on a process that would require the ing the Great Depression, supplying uni- concurrence of the FDIC, the Federal Re- DEPARTMENT OF THE TREASURY, forms, lodging, and food to thousands of serve Board, and the Treasury Department, Washington, DC, February 2, 2009. young men; in consultation with the President. Hon. CHRISTOPHER J. DODD, Whereas Camp McCoy was modernized and Because the existing borrowing authority Chairman, Committee on Banking, Housing & expanded to help prepare military units for for losses from bank failures provides a thin Urban Affairs, U.S. Senate, Washington, deployment in World War II, resulting in the margin of error, it was necessary for the DC. construction of 1,500 buildings capable of FDIC recently to impose increased assess- DEAR MR. CHAIRMAN: I am writing to ex- training and supporting 35,000 troops; ments on the banking industry. These as- press my support for the Federal Deposit In- Whereas Camp McCoy was temporarily an sessments will have a significant impact on surance Corporation’s (FDIC) current re- internment camp during the Japanese Amer- insured financial institutions, particularly quest to increase its permanent statutory ican internment, a period of grave injustice during a financial crisis and recession when borrowing authority under its line of credit to individuals of Japanese ancestry; banks must be a critical source of credit to with the Treasury Department from $30 bil- Whereas Camp McCoy served as a prisoner the economy. lion to $100 billion. Since the last increase in of war camp for 4 years, housing Japanese, The size of the special assessment reflected that authority in 1991, the banking indus- German, and Korean prisoners of war; the FDIC’s responsibility to maintain ade- try’s assets have tripled. More importantly, Whereas Camp McCoy served as a major quate resources to cover unforeseen losses. the financial and credit markets continue to training center for the Fifth Army preparing Increased borrowing authority, however, be under acute stress, and the level of thrift for the Korean War; would give the FDIC flexibility to reduce the and bank failures has been rising. Although Whereas Camp McCoy was officially re- size of the recent special assessment, while the FDIC’s Deposit Insurance Fund remains named Fort McCoy on September 30, 1974, still maintaining assessments at a level that substantial at $35 billion, and the FDIC has recognizing Fort McCoy’s status as a year- supports the DIF with industry funding. never needed to tap the existing line of cred- round Army training facility;

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.062 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2850 CONGRESSIONAL RECORD — SENATE March 5, 2009 Whereas Fort McCoy was designated as a Resolved, That the Senate— school buses, has been shown to lessen the Resettlement Center for Cuban refugees, (1) designates 2009 as the ‘‘Year of the Non- stigma of receiving free or reduced-price housing approximately 15,000 Cubans in 1980; commissioned Officer Corps of the United school breakfasts, which stigma sometimes Whereas Fort McCoy served as a major mo- States Army’’; and prevents eligible students from obtaining bilization site during Operations Desert (2) encourages the people of the United traditional breakfast in the cafeteria; Shield and Desert Storm, preparing more States to recognize the ‘‘Year of the Non- Whereas in fiscal year 2008, 8,520,000 stu- than 18,000 soldiers for deployment; and commissioned Officer Corps of the United dents in the United States consumed free or Whereas Fort McCoy continues to support States Army’’ with appropriate ceremonies reduced-price school breakfasts provided our Nation’s defense, training more than and activities. under the national school breakfast pro- 100,000 soldiers per year and preparing 85,000 gram; f military personnel from 49 States and 2 ter- Whereas less than half of the low-income ritories for mobilization since September 11, SENATE RESOLUTION 67—EX- students who participate in the national 2001: Now, therefore, be it PRESSING THE SENSE OF THE school lunch program also participate in the Resolved, That the Senate honors Fort SENATE THAT PROVIDING national school breakfast program; McCoy in Sparta, Wisconsin, on its 100th an- Whereas at least 16,000 schools that par- niversary and commends the men and women BREAKFAST IN SCHOOLS ticipate in the national school lunch pro- who have worked and trained at the fort. THROUGH THE NATIONAL gram do not participate in the national Mr. KOHL. Mr. President, today I SCHOOL BREAKFAST PROGRAM school breakfast program; honor the 100 year legacy of Fort HAS A POSITIVE IMPACT ON THE Whereas in fiscal year 2008, 60 percent of McCoy and the men and women who LIVES AND CLASSROOM PER- school lunches served, and 80 percent of have worked and trained at the fort. FORMANCE OF LOW-INCOME school breakfasts served, were served to stu- On June 8th, 1909, the United States CHILDREN dents who qualified for free or reduced-priced Army began training on a tract of land meals; Mr. FEINGOLD (for himself, Mr. Whereas the current economic situation, that would eventually become Fort KOHL, Mr. SANDERS, Mr. DURBIN, Mr. including the increase of nearly 3 percent in McCoy. Named for Major General Rob- CASEY, Mr. BURRIS, Mrs. GILLIBRAND, the national unemployment rate in 2008, is ert McCoy, the fort has embodied his Mr. CHAMBLISS, Mr. KERRY, Mr. BEN- causing more families to struggle to feed commitment to military service for 100 NET, Mr. BEGICH, Mr. BAYH, and Mr. their children and to turn to schools for as- years. Providing training to more than sistance; DODD) submitted the following resolu- Whereas studies suggest that children who 100,000 reserve and active duty soldiers tion; which was considered and agreed per year, Fort McCoy is the only facil- eat breakfast take in more nutrients, such as to: ity focused on supporting total force calcium, fiber, protein, and vitamins A, E, D, training. As a pioneer for field artillery S. RES. 67 and B-6; and maneuver training, the fort has de- Whereas participants in the school break- Whereas studies show that children who fast program established by section 4 of the participate in school breakfast programs eat veloped into one of the largest and more fruits, drink more milk, and consume most modern artillery camps in the na- Child Nutrition Act of 1966 (42 U.S.C. 1773) include public, private, elementary, middle, less saturated fat than those who do not eat tion. Fort McCoy has supported and and high schools, as well as schools in rural, breakfast; trained our troops through every major suburban, and urban areas; Whereas children who do not eat breakfast, military action of the twentieth and Whereas access to nutrition programs such either in school or at home, are more likely twenty-first centuries and has truly re- as the school lunch program, established to be overweight than children who eat a mained an unwavering presence for the under the Richard B. Russell National healthful breakfast on a daily basis; and United States Armed Services. School Lunch Act (42 U.S.C. 1751 et seq.) and Whereas March 2 through March 6, 2009 is I am proud to recognize the 100 year the national school breakfast program helps National School Breakfast Week: Now, anniversary of Fort McCoy and the en- to create a stronger learning environment therefore, be it for children and improves children’s con- Resolved, That the Senate— during commitment that its troops (1) recognizes the importance of the school have given to the United States of centration in the classroom; Whereas missing breakfast and the result- breakfast program established under section America. ing hunger has been shown to harm the abil- 4 of the Child Nutrition Act of 1966 (42 U.S.C. f ity of children to learn and to hinder aca- 1773) and the positive impact of the program on the lives of low-income children and fami- SENATE RESOLUTION 66—DESIG- demic performance; Whereas students who eat a complete lies and on children’s overall classroom per- NATING 2009 AS THE ‘‘YEAR OF breakfast have been shown to make fewer formance; THE NONCOMMISSIONED OFFI- mistakes and to work faster in math exer- (2) expresses strong support for States that CER CORPS OF THE UNITED cises than those who eat a partial breakfast; have successfully implemented school break- STATES ARMY’’ Whereas implementing or improving class- fast programs in order to alleviate hunger room breakfast programs has been shown to and improve the test scores and grades of Mr. BOND submitted the following participating students; resolution; which was referred to the increase breakfast consumption among eligible students dramatically, doubling, and in (3) encourages all States to strengthen Committee on the Judiciary: some cases, tripling numbers of participants their school breakfast programs, provide in- S. RES. 66 in school breakfast programs, as evidenced centives for the expansion of school break- Whereas the Secretary of the Army has by research in Minnesota, New York, and fast programs, and promote improvements in designated 2009 as the Year of the United Wisconsin; the nutritional quality of breakfasts served; States Army Noncommissioned Officer Whereas providing breakfast in the class- (4) recognizes the need to provide States (NCO) to honor more than 200 years of serv- room has been shown in several instances to with resources to improve the availability of ice by the noncommissioned officers of the improve attentiveness and academic per- adequate and nutritious breakfasts; Army to the Army and the American people; formance, while reducing absences, tardi- (5) recognizes the impact of nonprofit and Whereas the modern noncommissioned of- ness, and disciplinary referrals; community organizations that work to in- ficer of the Army operates autonomously, Whereas studies suggest that eating break- crease awareness of, and access to, breakfast and always with confidence and competence; fast closer to the time students arrive in the programs for low-income children; and Whereas the Noncommissioned Officer classroom and take tests improves the stu- (6) recognizes that National School Break- Corps of the Army has distinguished itself as dents’ performance on standardized tests; fast Week helps draw attention to the need the most accomplished group of military Whereas studies show that students who for, and success of, the national school professionals in the world, with noncommis- skip breakfast are more likely to have dif- breakfast program. sioned officers of the Army leading the way ficulty distinguishing among similar images, f in education, training, and discipline, em- show increased errors, and have slower mem- AMENDMENTS SUBMITTED AND powered and trusted like no other non- ory recall; commissioned officers, and serving as role Whereas children who live in families that PROPOSED models to the most advanced armies in the experience hunger are likely to have lower SA 665. Mr. BUNNING submitted an world; and math scores, receive more special education amendment intended to be proposed by him Whereas the noncommissioned officers of services, and face an increased likelihood of to the bill H.R. 1105, making omnibus appro- the Army share their strength of character repeating a grade; priations for the fiscal year ending Sep- and values with every soldier, officer, and ci- Whereas making breakfast widely avail- tember 30, 2009, and for other purposes; which vilian they support across the regular and able in different venues or in a combination was ordered to lie on the table. reserve components of the Army, and take of venues, such as by providing breakfast in SA 666. Mr. ENZI (for himself, Mr. CRAPO, the lead and are the keepers of Army stand- the classroom, in the hallways outside class- Mr. BARRASSO, and Mr. RISCH) submitted an ards: Now, therefore, be it rooms, or to students as they exit their amendment intended to be proposed by him

VerDate Nov 24 2008 02:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.068 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2851 to the bill H.R. 1105, supra; which was or- retary shall submit to the Committee on Ap- On page 942, between lines 14 and 15, insert dered to lie on the table. propriations of the Senate, the Committee the following: SA 667. Mr. GRASSLEY submitted an on Appropriations of the House of Represent- CIVILIAN STABILIZATION INITIATIVE amendment intended to be proposed by him atives, the Committee on Energy and Nat- SEC. 7093. (a) The amount appropriated or to the bill H.R. 1105, supra; which was or- ural Resources of the Senate, and the Com- otherwise made available by title I for the dered to lie on the table. mittee on Natural Resources of the House of Department of State under the heading ‘‘CI- SA 668. Mr. ENZI submitted an amendment Representatives a report that— VILIAN STABILIZATION INITIATIVE’’ is hereby intended to be proposed by him to the bill (1) describes the results of the study con- increased by $30,000,000. H.R. 1105, supra; which was ordered to lie on ducted under subsection (a); and (b) The amount appropriated or otherwise the table. (2) includes any recommendations of the made available by title II for the United SA 669. Mr. BINGAMAN submitted an Secretary with respect to ways in which the States Agency for International Develop- amendment intended to be proposed by him royalty collection process may be improved. ment under the heading ‘‘CIVILIAN STABILIZA- to the bill H.R. 1105, supra; which was or- TION INITIATIVE’’ is hereby reduced by dered to lie on the table. SA 667. Mr. GRASSLEY submitted an $30,000,000. SA 670. Mr. LUGAR submitted an amend- amendment intended to be proposed by (c)(1) Of the amount appropriated or other- ment intended to be proposed by him to the him to the bill H.R. 1105, making omni- wise made available by title I for the Depart- bill H.R. 1105, supra; which was ordered to lie bus appropriations for the fiscal year ment of State under the heading ‘‘CIVILIAN on the table. ending September 30, 2009, and for STABILIZATION INITIATIVE’’, as increased by SA 671. Mr. LUGAR submitted an amend- subsection (a), $30,000,000 may be made avail- ment intended to be proposed by him to the other purposes; which was ordered to lie on the table; as follows: able to the United States Agency for Inter- bill H.R. 1105, supra; which was ordered to lie national Development for the Agency’s por- on the table. On page 602, beginning on line 16, strike tion of the Civilian Stabilization Initiative. SA 672. Ms. SNOWE submitted an amend- ‘‘Provided,’’ and all that follows through ‘‘fis- (2) Of the amount made available to the ment intended to be proposed by her to the cal year:’’ on line 22. United States Agency for International De- bill H.R. 1105, supra; which was ordered to lie velopment pursuant to paragraph (1), up to on the table. SA 668. Mr. ENZI submitted an $6,000,000 may be made available to the Office f amendment intended to be proposed by of Surge Administration. him to the bill H.R. 1105, making omni- TEXT OF AMENDMENTS bus appropriations for the fiscal year SA 671. Mr. LUGAR submitted an SA 665. Mr. BUNNING submitted an ending September 30, 2009, and for amendment intended to be proposed by amendment intended to be proposed by other purposes; which was ordered to him to the bill H.R. 1105, making omni- him to the bill H.R. 1105, making omni- lie on the table; as follows: bus appropriations for the fiscal year bus appropriations for the fiscal year At the appropriate place in title II of divi- ending September 30, 2009, and for ending September 30, 2009, and for sion F, insert the following: other purposes; which was ordered to other purposes; which was ordered to SEC. ll. Notwithstanding any other pro- lie on the table; as follows: lie on the table; as follows: vision of this Act, no funds shall be made On page 760, strike lines 1 through 16. On page 942, between lines 14 and 15, insert available under this Act to modify the HIV/ the following: AIDS funding formulas under title XXVI of SA 672. Ms. SNOWE submitted an the Public Health Service Act. amendment intended to be proposed by INVESTMENTS IN ENERGY SECTOR OF IRAN her to the bill H.R. 1105, making omni- SEC. 7093. (a) None of the amounts appro- SA 669. Mr. BINGAMAN submitted an bus appropriations for the fiscal year priated or otherwise made available by this amendment intended to be proposed by Act may be made available for the Depart- ending September 30, 2009, and for him to the bill H.R. 1105, making omni- other purposes; which was ordered to ment of State until the Secretary of State, bus appropriations for the fiscal year in consultation with the Secretary of the lie on the table; as follows: ending September 30, 2009, and for Treasury, submits to Congress a report on On page 351, lines 2 and 3, strike ‘‘Provided investments by foreign companies in the en- other purposes; which was ordered to further,’’ and all that follows through ‘‘110– ergy sector of Iran since the date of the en- lie on the table; as follows: 140:’’ on line 11 and insert the following: actment of the Iran Sanctions Act (Public After section 430 of title IV of division E, ‘‘Provided further, That $2,300,000 is for the Law 104–172; 50 U.S.C. 1701 note), including insert the following: Veterans Assistance and Services Program information compiled from credible media SEC. 431. NATIONAL FOREST FOUNDATION. authorized under section 21(n) of the Small reports. The report shall include the status (a) MEMBERSHIP OF BOARD OF DIRECTORS.— Business Act (15 U.S.C. 648(n)): Provided fur- of any United States investigations of com- Section 403(a) of the National Forest Foun- ther, That $110,000,000 shall be available to panies that may have violated the Iran Sanc- dation Act (16 U.S.C. 583j-1(a)) is amended, in fund grants to small business development tions Act, including explanations of why the the first sentence, by striking ‘‘fifteen Direc- centers for performance in fiscal year 2009 or Department of State has not made a deter- tors’’ and inserting ‘‘not more than 30 Direc- fiscal year 2010 as authorized: Provided fur- mination of whether any such investment tors’’. ther, That $3,250,000 is for the Small Business constitutes a violation of such Act. (b) ADMINISTRATIVE SERVICES AND SUP- Energy Efficiency Program authorized under (b) In this section, the term ‘‘investment’’ PORT.—Section 405 of the National Forest section 1203(c) of the Energy Independence has the meaning given the term in section 14 Foundation Act (16 U.S.C. 583j-3) is amend- and Security Act of 2007 (15 U.S.C. 657h(c)): of the Iran Sanctions Act (Public Law 104– ed— Provided further, That $3,250,000 is for small 172; 50 U.S.C. 1701 note). (1) in subsection (a), by striking ‘‘section business development center grant programs 410(a)’’ and inserting ‘‘section 410’’; and for veterans: Provided further, That $7,000,000 SA 666. Mr. ENZI (for himself, Mr. (2) in subsection (b), by striking ‘‘section is for the Service Corps of Retired Execu- CRAPO, Mr. BARRASSO, and Mr. RISCH) 410(b)’’ and inserting ‘‘section 410’’. tives program authorized by section 8(b)(1) of submitted an amendment intended to (c) AUTHORIZATION OF APPROPRIATIONS.— the Small Business Act (15 U.S.C. 637(b)(1)): be proposed by him to the bill H.R. Section 410 of the National Forest Founda- Provided further, That $17,100,000 is for the 1105, making omnibus appropriations tion Act (16 U.S.C. 583j-8) is amended to read women’s business center program under sec- for the fiscal year ending September 30, as follows: tion 29 of the Small Business Act (15 U.S.C. ‘‘SEC. 410. AUTHORIZATION OF APPROPRIATIONS. 656): Provided further, That $8,000,000 is for 2009, and for other purposes; which was the Office of Trade of the Small Business Ad- ordered to lie on the table; as follows: ‘‘There is authorized to be appropriated to the Secretary of Agriculture to carry out ministration: Provided further, That $4,000,000 Strike section 115 of division E and insert this title $3,000,000 for fiscal year 2009 and is for the HUBZone program under section 31 the following: each fiscal year thereafter, to be made avail- of the Small Business Act (15 U.S.C. 657a):’’. SEC. 115. ROYALTY COLLECTION PROCESS able to the Foundation to match, on a 1-for- f STUDY. 1 basis, private contributions that are made NOTICE OF HEARING (a) STUDY.—As soon as practicable after to the Foundation.’’. the date of enactment of this Act, the Sec- COMMITTEE ON ENERGY AND NATURAL retary of the Interior (acting through the Di- SA 670. Mr. LUGAR submitted an RESOURCES rector of the Minerals Management Service) amendment intended to be proposed by Mr. BINGAMAN. Mr. President, I (referred to in this section as the ‘‘Sec- him to the bill H.R. 1105, making omni- would like to announce for the infor- retary’’) shall conduct a study of the royalty collection process for coal, other solid min- bus appropriations for the fiscal year mation of the Senate and the public erals, and geothermal resources. ending September 30, 2009, and for that a hearing has been scheduled be- (b) REPORT.—Not later than 180 days after other purposes; which was ordered to fore the Senate Committee on Energy the date of enactment of this Act, the Sec- lie on the table; as follows: and Natural Resources. The hearing

VerDate Nov 24 2008 03:00 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.071 S05MRPT1 rfrederick on PROD1PC67 with SENATE S2852 CONGRESSIONAL RECORD — SENATE March 5, 2009 will be held on Thursday, March 12, Senate, to conduct an executive busi- Whereas the inhalation of airborne asbes- 2009, at 2:45 p.m., in room SD–366 of the ness meeting on Thursday, March 5, tos fibers can cause significant damage; Dirksen Senate Office Building. 2009, at 10 a.m. in room SD–226 of the Whereas asbestos fibers can cause mesothe- The purpose of the hearing is to con- Dirksen Senate Office Building. lioma, asbestosis, and other health problems; The PRESIDING OFFICER. Without Whereas asbestos-related diseases can take sider the nomination of David Hayes to 10 to 50 years to present themselves; be Deputy Secretary of the Interior. objection, it is so ordered. Whereas the expected survival time for Because of the limited time available COMMITTEE ON VETERANS’ AFFAIRS those diagnosed with mesothelioma is be- for the hearing, witnesses may testify Mr. LEAHY. Mr. President, I ask tween 6 and 24 months; by invitation only. However, those unanimous consent that the Com- Whereas generally, little is known about wishing to submit written testimony mittee on Veterans’ Affairs be author- late-stage treatment of asbestos-related dis- for the hearing record may do so by ized to meet during the session of the eases, and there is no cure for such diseases; sending it to the Committee on Energy Senate on Thursday, March 5, 2009 at Whereas early detection of asbestos-related diseases may give some patients in- and Natural Resources, United States 9:30 a.m. in room 106 of the Dirksen creased treatment options and might im- Senate, Washington, D.C. 20510–6150, or Senate Office Building. prove their prognoses; by e-mail to Aman- The PRESIDING OFFICER. Without Whereas the United States has reduced its [email protected]. objection, it is so ordered. consumption of asbestos substantially, yet For further information, please con- SELECT COMMITTEE ON INTELLIGENCE continues to consume almost 2,000 metric tact Sam Fowler at (202) 224–7571 or Mr. LEAHY. Mr. President, I ask tons of the fibrous mineral for use in certain Amanda Kelly at (202) 224–6836. unanimous consent that the Select products throughout the Nation; Whereas asbestos-related diseases have f Committee on Intelligence be authorized to meet during the session of the killed thousands of people in the United States; AUTHORITY FOR COMMITTEES TO Senate on March 5, 2009 at 2:30 p.m. MEET Whereas exposure to asbestos continues, The PRESIDING OFFICER. Without but safety and prevention of asbestos expo- COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. sure already has significantly reduced the in- AFFAIRS SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- cidence of asbestos-related diseases and can Mr. LEAHY. Mr. President, I ask AGEMENT, GOVERNMENT INFORMATION, FED- further reduce the incidence of such diseases; unanimous consent that the Com- ERAL SERVICES, AND INTERNATIONAL SECU- Whereas asbestos has been a cause of occu- mittee on Banking, Housing, and RITY pational cancer; Urban Affairs be authorized to meet Mr. LEAHY. Mr. President, I ask Whereas thousands of workers in the unanimous consent that the Com- United States face significant asbestos expo- during the session of the Senate on sure; March 5, 2009 at 10 a.m., to conduct a mittee on Homeland Security and Gov- ernmental Affairs’ Subcommittee on Whereas thousands of people in the United hearing entitled ‘‘American Inter- States die from asbestos-related diseases national Group: Examining What Went Federal Financial Management, Gov- every year; Wrong, Government Intervention, and ernment Information, Federal Serv- Whereas a significant percentage of all as- Implications for Future Regulation.’’ ices, and International Security be au- bestos-related disease victims were exposed The PRESIDING OFFICER. Without thorized to meet during the session of to asbestos on naval ships and in shipyards; objection, it is so ordered. the Senate on Thursday, March 5, 2009, Whereas asbestos was used in the construc- at 2:30 p.m. to conduct a hearing enti- tion of a significant number of office build- COMMITTEE ON ENERGY AND NATURAL tled, ‘‘Lessons Learned: How the New ings and public facilities built before 1975; RESOURCES Administration Can Achieve an Accu- Whereas people in the small community of Mr. LEAHY. Mr. President, I would Libby, Montana have asbestos-related dis- rate and Cost-Effective 2010 Census.’’ like to ask unanimous consent that the eases at a significantly higher rate than the The PRESIDING OFFICER. Without national average and suffer from mesothe- Committee on Energy and Natural Re- objection, it is so ordered. sources be authorized to meet during lioma at a significantly higher rate than the the session of the Senate on Thursday, f national average; and Whereas the establishment of a ‘‘National March 5, 2009, at 9:30 a.m., in room SH– NATIONAL ASBESTOS AWARENESS Asbestos Awareness Week’’ will raise public 216 of the Dirksen Senate Office Build- WEEK awareness about the prevalence of asbestos- ing. Mr. MERKLEY. Mr. President, I ask related diseases and the dangers of asbestos The PRESIDING OFFICER. Without unanimous consent that the Judiciary exposure: Now, therefore, be it objection, it is so ordered. Committee be discharged from further Resolved, That the Senate— (1) designates the first week of April 2009 COMMITTEE ON FOREIGN RELATIONS consideration of S. Res. 57 and the Sen- as ‘‘National Asbestos Awareness Week’’; Mr. LEAHY. Mr. President, I ask ate proceed to its immediate consider- (2) urges the Surgeon General to warn and unanimous consent that the Com- ation. educate people about the public health issue mittee on Foreign Relations be author- The PRESIDING OFFICER. Without of asbestos exposure, which may be haz- ized to meet during the session of the objection, it is so ordered. The clerk ardous to their health; and Senate on Thursday, March 5, 2009, at will report the resolution by title. (3) respectfully requests that the Secretary 10:30 a.m. The legislative clerk read as follows: of the Senate transmit a copy of this resolu- The PRESIDING OFFICER. Without A resolution (S. Res. 57) designating the tion to the Office of the Surgeon General. objection, it is so ordered. first week of April 2009 as ‘‘National Asbes- f tos Awareness Week.’’ COMMITTEE ON HOMELAND SECURITY AND NATIONAL SCHOOL BREAKFAST There being no objection, the Senate GOVERNMENTAL AFFAIRS PROGRAM Mr. LEAHY. Mr. President, I ask proceeded to consider the resolution. Mr. MERKLEY. I ask unanimous Mr. MERKLEY. Mr. President, I ask unanimous consent that the Com- consent that the resolution be agreed unanimous consent that the Senate mittee on Homeland Security and Gov- to, the preamble be agreed to, the mo- proceed to the immediate consider- ernmental Affairs be authorized to tions to reconsider be laid upon the ation of S. Res. 67, submitted earlier meet during the session of the Senate table, with no intervening action or de- today. on Thursday, March 5, 2009, at 10 a.m. bate, and any statements be printed in The PRESIDING OFFICER. The to conduct a hearing entitled ‘‘Follow the RECORD. clerk will report the resolution by the Money: Transparency and Account- The PRESIDING OFFICER. Without title. ability for Recovery and Reinvestment objection, it is so ordered. The legislative clerk read as follows: Spending.’’ The resolution (S. Res. 57) was agreed The PRESIDING OFFICER. Without A resolution (S. Res. 67) expressing the to. sense of the Senate that providing breakfast objection, it is so ordered. The preamble was agreed to. in schools through the national school COMMITTEE ON THE JUDICIARY The resolution, with its preamble, breakfast program has a positive impact on Mr. LEAHY. Mr. President, I ask reads as follows: the lives and classroom performance of low- unanimous consent that the Senate S. RES. 57 income children. Committee on the Judiciary be author- Whereas dangerous asbestos fibers are in- There being no objection, the Senate ized to meet during the session of the visible and cannot be smelled or tasted; proceeded to consider the resolution.

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I ask unanimous of venues, such as by providing breakfast in (5) recognizes the impact of nonprofit and consent that the resolution be agreed the classroom, in the hallways outside class- community organizations that work to in- to, the preamble be agreed to, the mo- rooms, or to students as they exit their crease awareness of, and access to, breakfast tions to reconsider be laid upon the school buses, has been shown to lessen the programs for low-income children; and stigma of receiving free or reduced-price (6) recognizes that National School Break- table, with no intervening action or de- school breakfasts, which stigma sometimes fast Week helps draw attention to the need bate, and any statements be printed in prevents eligible students from obtaining for, and success of, the national school the RECORD. traditional breakfast in the cafeteria; breakfast program. The PRESIDING OFFICER. Without Whereas in fiscal year 2008, 8,520,000 stu- objection, it is so ordered. dents in the United States consumed free or f The resolution (S. Res. 67) was agreed reduced-price school breakfasts provided to. under the national school breakfast pro- DISCHARGE AND REFERRAL—H.R. gram; 44 The preamble was agreed to. Whereas less than half of the low-income The resolution, with its preamble, students who participate in the national Mr. MERKLEY. Mr. President, I ask reads as follows: school lunch program also participate in the unanimous consent that the Com- S. RES. 67 national school breakfast program; mittee on Energy and Natural Re- Whereas participants in the school break- Whereas at least 16,000 schools that par- sources be discharged from further con- fast program established by section 4 of the ticipate in the national school lunch pro- sideration of H.R. 44 and the bill re- Child Nutrition Act of 1966 (42 U.S.C. 1773) in- gram do not participate in the national ferred to the Committee on the Judici- school breakfast program; clude public, private, elementary, middle, ary. and high schools, as well as schools in rural, Whereas in fiscal year 2008, 60 percent of school lunches served, and 80 percent of The PRESIDING OFFICER. Without suburban, and urban areas; objection, it is so ordered. Whereas access to nutrition programs such school breakfasts served, were served to students who qualified for free or reduced-priced as the school lunch program, established f under the Richard B. Russell National meals; Whereas the current economic situation, School Lunch Act (42 U.S.C. 1751 et seq.) and including the increase of nearly 3 percent in ORDERS FOR FRIDAY, MARCH 6, the national school breakfast program helps the national unemployment rate in 2008, is to create a stronger learning environment 2009 causing more families to struggle to feed for children and improves children’s con- their children and to turn to schools for as- Mr. MERKLEY. Mr. President, I ask centration in the classroom; sistance; unanimous consent that when the Sen- Whereas missing breakfast and the result- Whereas studies suggest that children who ate completes its business today, it ad- ing hunger has been shown to harm the abil- eat breakfast take in more nutrients, such as journ until 10 a.m. Friday, March 6; ity of children to learn and to hinder aca- calcium, fiber, protein, and vitamins A, E, D, demic performance; that following the prayer and pledge, and B-6; Whereas students who eat a complete the Journal of proceedings be approved Whereas studies show that children who to date, the morning hour be deemed breakfast have been shown to make fewer participate in school breakfast programs eat mistakes and to work faster in math exer- more fruits, drink more milk, and consume expired; the time for the two leaders be cises than those who eat a partial breakfast; less saturated fat than those who do not eat reserved for their use later in the day, Whereas implementing or improving class- breakfast; and the Senate resume consideration of room breakfast programs has been shown to Whereas children who do not eat breakfast, H.R. 1105, the Omnibus appropriations increase breakfast consumption among eligi- either in school or at home, are more likely bill. ble students dramatically, doubling, and in to be overweight than children who eat a some cases, tripling numbers of participants The PRESIDING OFFICER. Without healthful breakfast on a daily basis; and objection, it is so ordered. in school breakfast programs, as evidenced Whereas March 2 through March 6, 2009 is by research in Minnesota, New York, and National School Breakfast Week: Now, f Wisconsin; therefore, be it Whereas providing breakfast in the class- Resolved, That the Senate— PROGRAM room has been shown in several instances to (1) recognizes the importance of the school improve attentiveness and academic per- breakfast program established under section Mr. MERKLEY. Mr. President, there formance, while reducing absences, tardi- 4 of the Child Nutrition Act of 1966 (42 U.S.C. will be no rollcall votes on Friday. The ness, and disciplinary referrals; 1773) and the positive impact of the program next votes are expected to begin after 5 Whereas studies suggest that eating break- on the lives of low-income children and fami- p.m. Monday. fast closer to the time students arrive in the lies and on children’s overall classroom per- classroom and take tests improves the stu- formance; f dents’ performance on standardized tests; (2) expresses strong support for States that Whereas studies show that students who have successfully implemented school break- ADJOURNMENT UNTIL 10 A.M. skip breakfast are more likely to have dif- fast programs in order to alleviate hunger ficulty distinguishing among similar images, and improve the test scores and grades of TOMORROW show increased errors, and have slower mem- participating students; Mr. MERKLEY. Mr. President, if ory recall; (3) encourages all States to strengthen there is no further business to come be- Whereas children who live in families that their school breakfast programs, provide in- fore the Senate, I ask unanimous con- experience hunger are likely to have lower centives for the expansion of school break- sent that it stand adjourned under the math scores, receive more special education fast programs, and promote improvements in services, and face an increased likelihood of the nutritional quality of breakfasts served; previous order. repeating a grade; (4) recognizes the need to provide States There being no objection, the Senate, Whereas making breakfast widely avail- with resources to improve the availability of at 9:18 p.m., adjourned until Friday, able in different venues or in a combination adequate and nutritious breakfasts; March 6, 2009, at 10 a.m.

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HELPING FAMILIES SAVE THEIR PRESIDENT’S PLAN Nahum with a clear appreciation for the cost HOMES ACT OF 2009 This legislation compliments the President’s of freedom and the horror of war, bravely con- recently announced Homeowner Affordability tinued to stand watch for his family and his fel- SPEECH OF and Stability Plan, which will help up to 7 to low Americans in the U.S. Army Reserve. HON. NANCY PELOSI 9 million families restructure or refinance their When he retired as a Major, the Army lost a OF CALIFORNIA mortgages to avoid foreclosure by refinancing fine officer but Gloria, sons Robert and Ken- IN THE HOUSE OF REPRESENTATIVES or modifying their loans. Both the Obama plan neth, daughters Laurie and Debra finally had Thursday, February 26, 2009 and this legislation are long overdue steps to their hero safely home. strengthen the housing market. During Al’s service Gloria was also fully en- The House in Committee of the Whole RESPONSIBILITY OF BORROWERS AND LENDERS gaged in making ours the greatest possible House on the State of the Union had under consideration the bill (H.R. 1106) to prevent As we consider this legislation, we all agree nation. As an exceptionally dedicated elemen- mortgage foreclosures and enhance mortgage on the principle that everyone bears a per- tary school teacher, she consistently provided credit availability: sonal responsibility for their actions and their her students a level of skill and devotion few Ms. PELOSI. Mr. Chair, I thank Chairman debts. This legislation upholds this principle. educators will ever match. But no accomplish- CONYERS and Chairman FRANK for their strong Lenders must also act in good faith, respon- ment of Al and Gloria will ever be as special leadership in bringing this much needed hous- sibly lend to qualified homeowners, and work as the extraordinary people their children have ing and bankruptcy legislation to the floor. with homeowners who are at-risk of fore- become. That they are renowned physicians, The legislation is the result of the persever- closure because that is in the interests of and leaders in commerce and the media, their ance of many Members, especially BRAD MIL- lenders, borrowers, neighborhoods, and our greatest achievement is that they and their LER, the original author of the legislation and nation’s economy. spouses Roberta, Richard, Anne Marie and Mr. COHEN of the Judiciary Committee. Yet, as 22 state Attorneys General recently Christopher are as loving to their children as I also commend ZOE LOFGREN, ELLEN noted, ‘‘many servicers . . . remain unwilling their mother and father are to them. TAUSCHER, and DENNIS CARDOZA for their or unable to act, even when their own eco- Madam Speaker, I ask that on this very spe- compromise that is reflected in the manager’s nomic interests dictate otherwise.’’ cial day this chamber join me in wishing the amendment. They have worked diligently to CLOSE remarkable Al and Gloria Nahum, their chil- make improvements to the bill to ensure that When homeowners are unable to obtain re- dren and their spectacular grandchildren Jen- homeowners will avoid bankruptcy whenever lief, we must act to protect the American nifer, Daniel, Tara, Brett, Jody, Jeffery, Mandy, possible by first and foremost providing home- Dream of owning a home, to protect the Kelly, Brittany, David, Natalie and Reinhart all owners to a workable and accessible loan neighborhoods ravaged by foreclosures, and the love and happiness they so richly deserve. modification process. to protect our economy, which has been rav- Surely there is no family more loving, accom- EVERY 13 SECONDS aged by the decline of housing market. plished and thoroughly devoted to one an- As Chairwoman LOFGREN has said, we have Unless we address our nation’s foreclosure other. They are an inspiration to all who are a foreclosure in America every 13 seconds. crisis, more Americans will lose their jobs, will blessed to know them. Every 13 seconds, a family is uprooted, not be able to send their kids to college, and f their children are forced to switch schools, see their retirements savings continue to de- RECOGNIZING THE IMPORTANT their biggest investment—their home—is cline and disappear. ROLE OF ATHLETIC TRAINERS boarded up, increasing blight and reducing This bill helps homeowners, lenders, and IN OUR HEALTH CARE SYSTEM property values. neighbors. It is essential to our economic re- Each foreclosure represents nothing less covery. I urge my colleagues to take action than the end of an American Dream. But with today to stop foreclosures and help American HON. JOHN R. CARTER this legislation—the Helping Families Save families save their homes. OF TEXAS Their Homes Act—we can protect the Amer- f IN THE HOUSE OF REPRESENTATIVES ican Dream and preserve it for America’s fami- Thursday, March 5, 2009 lies. IN HONOR OF AL AND GLORIA WHAT THE LEGISLATION DOES NAHUM ON THEIR 60TH ANNI- Mr. CARTER. Madam Speaker, I rise today This legislation will reduce the number of VERSARY to call attention to the important and essential foreclosures by providing incentives for loan role that athletic trainers play in providing modifications that will permit families to stay in HON. JOE SESTAK quality health care across our nation. Our na- their homes on a long term basis. OF PENNSYLVANIA tion’s health care system is complex and It reforms the HOPE for Homeowners pro- IN THE HOUSE OF REPRESENTATIVES every day people with many different health gram to make it more workable for both home- needs are served by legions of caring, quali- Thursday, March 5, 2009 owners and lenders. fied, and professional athletic trainers. In addition to providing incentives to lenders Mr. SESTAK. Madam Speaker, I rise to rec- Athletic trainers are health care profes- and servicers, this legislation, thanks to im- ognize the love and commitment of two won- sionals who hold at least a bachelor’s degree provements that Members have worked on, derful people who today will begin their sev- in athletic training. Almost 70 percent of ath- also provides important incentives to home- enth decade as man and wife. Since they first letic trainers have a master’s degree or PhD. owners to work with lenders and servicers to met at City College, New York and through Athletic trainers are licensed health care pro- modify loans and to avoid bankruptcy—a pain- peace, war, prosperity and hard times, Al and fessionals who provide injury prevention, diag- ful and intrusive process for families. For Gloria Nahum have devoted themselves to nosis, treatment, and rehabilitation to patients those who cannot be helped, the legislation their country, community, faith, and most of of all ages. permits existing home mortgages to be judi- all, their family. Athletic trainers work under the direction of cially modified under the Bankruptcy Code, As a young 2nd Lieutenant in our United physicians to provide care to patients. Histori- similar to the treatment of other real estate States Army, Al Nahum courageously went to cally, they worked with athletes in secondary such as investment properties. fight for his nation in the most violent and de- schools, colleges, universities and professional Finally, the legislation strengthens our finan- structive conflict in the history of mankind. In sports. Today, about 50 percent work outside cial system to foster the flow of credit nec- the process he not only helped defeat fascism of these athletic settings. Many athletic train- essary for home refinancing by making perma- and stop the Holocaust, he earned for his ers are employed by clinics, hospitals, physi- nent the new $250,000 deposit insurance limit bride to be and their children yet unborn, an cian offices, commercial workplaces, the for Americans’ accounts in banks and credit era of prosperity and security also unrivaled in United States Armed Forces, and performing unions. history. As World War II was resolved, Al arts companies. The focus of athletic trainers’

∑ 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.

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Thompson also increased minimum staff- centennial — an achievement of historic pro- licensed or otherwise regulated, the national ing levels from 2 to 3 person stations in all but portions for Philadelphia, the Commonwealth certification is required for licensure. Athletic one station. After 4 years of no equipment of Pennsylvania, the nation and the world con- trainers maintain this certification with required purchases, Thompson worked to acquire servation community. In fact March 21, 2009, continuing education. They work under a med- $38.8 million in replacement apparatus and has been officially designated in my home ical scope of practice, and adhere to a na- equipment to fulfill the needs of Kern County town as Philadelphia Zoo Day. tional code of ethics. Fire Department. The capstone of Thompson’s As the Congressman who is honored to in- I strongly support the vital role athletic train- career was overseeing, from start to finish, the clude America’s First Zoo within my constitu- ers play in our health care system. I urge my completion of the Emergency Operations Cen- ency, and as someone who has enjoyed nu- colleagues to join me in recognizing this im- ter that made Kern County’s operational area merous visits as a child, a father and a care- portant group of health professionals. preparedness capability state-of-the-art and giver, I congratulate the Philadelphia Zoo and f viable for the future. extend best wishes for continued success As someone who personally knows our local upon the occasion of its sesquicentennial. TRIBUTE TO DENNIS L. THOMPSON firefighting community well—my uncle pre- f viously held the post of Kern County Fire HON. KEVIN McCARTHY Chief, my father was an assistant Fire Chief A FINAL TRIBUTE TO LT. OF CALIFORNIA for the City of Bakersfield, and during college MICHAEL J. RENAULT IN THE HOUSE OF REPRESENTATIVES I was a seasonal firefighter for the County—I Thursday, March 5, 2009 am grateful for the service and leadership that HON. C.W. BILL YOUNG Chief Thompson has given to the people of OF FLORIDA C Mr. M CARTHY of California. Madam Kern County. I wish him well in his retirement, IN THE HOUSE OF REPRESENTATIVES Speaker, I rise today to honor a community and I know he is looking forward to spending Thursday, March 5, 2009 leader, Mr. Dennis L. Thompson, on his retire- more time with his wife, Mary Jo, and their ment after 36 years of service to the people of family. Mr. YOUNG of Florida. Madam Speaker, Kern County, California, most recently as Fire The City of Largo I have the privilege to rep- f Chief of Kern County & Director of Emergency resent paid tribute to one of their fallen police Services. HONORING AMERICA’S ZOO: THE officers Saturday, when they laid to rest Lt. Mi- Chief Thompson began serving Kern Coun- PHILADELPHIA ZOO CELE- chael J. Renault who died too early at the age ty, which I represent, as a seasonal firefighter BRATES ITS 150TH ANNIVERSARY of 37. in 1970 at Station 55 (Mettler). On his first as- The love and respect the community had for signment, he burned both of his ears while HON. CHAKA FATTAH Mike was evident as hundreds of his family, containing a standing grain fire and although OF PENNSYLVANIA friends, neighbors and fellow officers turned that experience made him question what he IN THE HOUSE OF REPRESENTATIVES out to honor his life and his valiant eight was doing fighting fires, he stuck with it. In month battle against stomach cancer. They all 1973, Thompson became a full-time firefighter Thursday, March 5, 2009 recounted what a devoted family man Mike and began his training at Station 44 Mr. FATTAH. Madam Speaker, I join with was as he and his wife Jennifer had three (Southgate). When he started firefighting, he fellow members of the Philadelphia delegation beautiful children—Hunter, Luke and Hannah. drove vintage military surplus vehicles from in recognizing a milestone that is approaching Beverly and I had the opportunity to spend the World War II and Korean War eras that for a Philadelphia institution that has brought considerable time with Mike and his family were converted into fire trucks that were older joy and wonder to millions of the young and these past few months and know that his wife than he was. Thompson also joined the ranks young at heart who have entered its storied and children were the center of his life. They of the ‘‘Smoke Eaters’’ as firefighters back gates while it provides a platform for edu- were a source of great strength to him during then were called because regulations did not cation, conservation and world changing sci- his battle with an aggressive form of cancer. require a breathing apparatus. ‘‘Thankfully’’, as entific research. We also know of the deep respect his fellow Thompson says, departmental and state regu- On March 21, 1859, Dr. William Camac, a law enforcement officers in Largo and through- lations were changed. legendary Philadelphia physician, led a con- out the area had for Mike. Largo Police Chief In 1975, Thompson started his full-time ca- cerned community of citizens, educators and Lester Aradi summed it up nicely in his eulogy reer in the Engineer position in Mettler, and in scientists to charter the Zoological Society of Saturday saying, ‘‘The way he led and the val- 1978, he was promoted to Captain for the Philadelphia—America’s First Zoo—and house ues he taught will long live on with those he Randsburg, Ridgecrest and Lebec areas. In it on a bucolic, 44-acre property in Fairmount mentored on the force.’’ 1981, Thompson suffered an on-the-job injury, Park along the West Bank of the Schuylkill Mike’s parents Rev. James and Judy Re- while he was recouping, he returned to Cali- River. nault said Mike knew early on that he wanted fornia State University, Bakersfield (CSUB) to Over the past century and a half, the Phila- to be a law enforcement officer. In fact, at 16 complete a 4-year degree. He returned to duty delphia Zoo has emerged as a national and he chased down a thief who robbed the store at Station 56 (Lebec) and graduated in 1983 global treasure. The Zoo is recognized as one where he worked. He joined the Largo Police with a Bachelor of Arts in Public Administra- of Philadelphia’s most cherished, enduring and Department soon after his graduation from col- tion with honors. Thompson became Acting significant educational, scientific and con- lege and moved up through the ranks quickly Battalion Chief in 1984 for Battalion 7, which servation institutions and cultural attractions. during his 16 years on the force and ultimately covered northeast Kern County including the The Philadelphia Zoo was the site for break- was promoted to the rank of Lieutenant. He Lake Isabella and Ridgecrest areas. In 1985, through research that led to the award of the earned the Medal of Valor for saving the life he became Battalion Chief and Chief Training 1976 Nobel Prize for Medicine. From its incep- of a suicidal man. More importantly, he earned Officer for Battalion 2 and Battalion 5, which tion, the Zoo has acted consistently and suc- the friendship, the trust and the abiding re- included southern and western Kern County. cessfully to protect, promote, and preserve spect of those he served with. In 1986, Thompson completed his Master’s through its myriad research and curatorial ac- Madam Speaker, following my remarks, I degree in Public Administration from CSUB. In tivities numerous rare and endangered wildlife. would like to include an article by Stephanie 1994, Thompson became the Deputy Fire It is a venerable institution that has re- Hayes of The St. Petersburg Times entitled Chief and oversaw Operations, Finance and mained ever fresh and vital, constantly open- ‘‘Largo officer was tough man with soft heart’’ Administration. In 2002, Thompson became a ing new and groundbreaking exhibits, acquir- so that my colleagues can learn more about Chief Deputy at the Department, an Assistant ing and exhibiting exotic wildlife and pio- the special man that Beverly and I came to Department Head. neering conservation efforts that are the mar- know. In 2003, Thompson became Kern County’s vel of the zoological world. The Philadelphia Mike was a caring, compassionate and cou- 10th Fire Chief and Director of Emergency Zoo has welcomed more than 100 million visi- rageous man who fought valiantly until his Services. Serving as Fire Chief for six years, tors—including millions of school children from final breath. He had life’s priorities in order—

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MR8.002 E05MRPT1 wwoods2 on PRODPC68 with REMARKS March 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E561 faith, family and the force on which he served. Pitchford; grandmother, Betty Lynch; seven NATIONAL CRIMINAL JUSTICE The people of Largo and the Largo Police De- nieces and nephews. MONTH partment lost a hero last week, but his mem- Services: 2 p.m. Saturday at St. Paul United Methodist Church, 1199 Highland SPEECH OF ory, his strength and his core values will long Ave., Largo. live on in his children, his family, his friends HON. SHEILA JACKSON-LEE and fellow officers. There can be no finer last- f OF TEXAS ing tribute for a man who died long before his EARMARK DISCLOSURE IN THE HOUSE OF REPRESENTATIVES time. CORRECTION Wednesday, March 4, 2009 [From the St. Petersburg Times, Feb. 26, Ms. JACKSON-LEE of Texas. Mr. Speaker, 2009] HON. MIKE ROGERS I rise today in support of this resolution raising LARGO OFFICER WAS TOUGH MAN WITH SOFT OF MICHIGAN awareness about the criminal justice system HEART IN THE HOUSE OF REPRESENTATIVES and crime awareness month. I urge my col- (By Stephanie Hayes) leagues to support this important bill. LARGO—Michael Renault was bagging gro- Thursday, March 5, 2009 I find it tragic that approximately three mil- ceries at a Winn-Dixie when his calling Mr. ROGERS of Michigan. Madam Speaker, lion Americans are employed within the justice clicked. I would like to correct an error made in my de- system. Approximately seven million adults A thief came into the store and robbed the are on probation, parole, or are incarcerated. cash register. Michael, always mischievous, scription of a law enforcement request for the always sneaking out of his window at night, City of Lansing that should read ‘‘$500,000’’ Many more millions of Americans have been sought adventure and feared nothing. rather than ‘‘$3,125,000.’’ This project was victims of crime and, consequently, lost in- He also knew right from wrong. At 16, he funded at $500,000 by H.R. 1105, the Omni- come, incurred medical expenses, and suf- took off chasing the bad guy. bus Appropriations Act of 2009. fered emotionally. He had cowboy instincts, raised on a diet f To be sure there is a high cost of crime to of outer space westerns like Star Wars and individuals, communities, businesses, and the Star Trek. He collected John Wayne movies SUPPORTING THE GOALS AND various levels of government exceeds the bil- and memorabilia. IDEALS OF MULTIPLE SCLE- lions of dollars spent each year in admin- He loved to fish and play laser tag in the ROSIS AWARENESS WEEK istering the criminal justice system. It is be- middle of the night with his younger broth- cause of this that I have authored innovative er, Jason. He was unfailingly loyal, a good SPEECH OF man to have on your team. legislation aimed at addressing these prob- ‘‘He was someone I always looked up to,’’ HON. RON KLEIN lems. For example, in the 110th Congress and said Jason Renault, 33. ‘‘He was about as again in the 111th Congress, I sponsored the OF FLORIDA much of a big brother as you can ask for. I Drug Sentencing Reform and Cocaine Kingpin kind of idolized him in way.’’ IN THE HOUSE OF REPRESENTATIVES Trafficking Act of 2009 which addresses the After college, he joined the Largo Police Wednesday, March 4, 2009 disparity between crack and powder cocaine. Department, climbing to become a lieuten- Mr. KLEIN of Florida. Mr. Speaker, I rise The bill is presently numbered H.R. 265. ant. He was tough to crack, a man of deep I also authored H.R. 61, Federal Prison Bu- voice and few words, said his wife, Jennifer today in strong support of H. Con. Res. 14, supporting the goals and ideals of Multiple reau Nonviolent Offender Relief Act of 2009. Renault, a fellow Largo police officer. Some Importantly, this bill amends the federal crimi- people were intimidated. Sclerosis Awareness Week. More than nal code to direct the Bureau of Prisons to re- When they first met, ‘‘He paid no attention 400,000 Americans live with multiple sclerosis. lease prisoners who (1) served one half or to me,’’ she said. ‘‘That was our big joke. But This disease knows no gender, age, or ethnic more of his or her term of imprisonment, (2) then he really helped me out, showing me boundaries. It strikes all in our society, even what to do. He was just very genuine and al- obtained at least the age of 45; (3) has never our children, with an estimated 8,000 to ways made me feel special.’’ been convicted of a crime of violence; and (4) 10,000 who live with this terrible disease, by Lt. Renault received a medal of valor for has not engaged in any violation of institu- attacking the central nervous system. Symp- climbing a fire ladder to get a suicidal man tional disciplinary regulations. off the roof of a building, she said. Other toms, progress, and severity of the disease These two pieces of legislation will go far in times, he endured dog bites while trying to vary widely from patient to patient. Some can addressing the problems in the criminal justice catch criminals. lead normal lives with symptoms like numb- He was an ace at poker, golfing, hunting, system and will go far in educating the ness in the limbs while others can be stricken masses of Americans about the criminal jus- playing softball and fantasy football. with paralysis or blindness. He hated to lose. tice system. Federal, State, and local govern- ‘‘Oh, yeah, he was a sore loser,’’ said his Mr. Speaker, I think everyone here can say ments increased their spending for police pro- wife. ‘‘Mike Renault was a sore loser. Every- that they know someone with MS. My wife and tection, corrections, judicial, and legal activities one will tell you that.’’ I know a number of people in our community in fiscal year 2005 by 5.5 percent or $204 bil- Underneath, there was a soft man who in South Florida that are currently affected. lion. My bills if passed will decrease the wanted a huge family. He played and caught Despite the prevalence of this terrible dis- amount of money spent on protecting commu- bugs with his sons, Hunter and Luke. He ease, we are still a long way off before a cure took them to ball games but curtailed his nities and the warehousing of prisoners in the is found. We still don’t know what causes MS industrial prison complex. competitive side so they’d know it was fine and have no definitive way to diagnose it. to lose. More work needs to be done by Members of He yearned for a little girl. ‘‘He wanted the Physicians are forced to use a combination of Congress. In 2006, fifty percent of Americans princess,’’ his wife said. ‘‘He wanted to be diagnostic strategies, which includes ruling out admitted they fear that their home would be the dad to walk her down the aisle.’’ all other possible diagnoses. The result is that burglarized when they are not home. Thirty- Eleven months ago, Hannah Renault was patients can go months, if not years, without four percent of American women feared that born. Lt. Renault sat and listened to a coun- a definitive understanding of what’s causing they would be sexually assaulted and forty- try song called I Loved Her First. He teared their debilitating symptoms. four percent of Americans feared they would picturing his daughter in a white dress. But Mr. Speaker, we must find a cure. As we be a victim of a terrorist attack. three months later, he got staggering news— have seen with other diseases where we have he had stomach cancer. His family and What is astonishing is that approximately friends rallied. His fellow officers raised made major advances in treatment, progress thirty-five percent of Americans have very little money and shaved their heads in solidarity. starts with awareness in all levels of society or no confidence in the criminal justice system As he ailed, he prayed and wrote in jour- and government. That’s why the concurrent and the negative effects of crime in regard to nals. He wanted his children to graduate, to resolution that we are considering today is so confidence in governmental agencies and get married, to travel. He wished they’d have important. Not only does it recognize the goals overall social stability are immeasurable. fearless adventures and find their callings. and ideals of Multiple Sclerosis Awareness The reality is that crime rates have dropped Lt. Renault died Tuesday. He was 37. Week, but it reaffirms our national commitment since the early 1990s, but most Americans be- Biography to finding a cure. lieve that the rate of crime is increasing. Let Michael Renault Born: Oct. 1, 1971. I am proud to support this resolution. I thank me share some alarming statistics regarding Died: Feb. 24, 2009. my colleague from California, Ms. LEE, along crime in Houston. Survivors: wife, Jennifer, children, Hunter, with Mr. CARNAHAN and Dr. BURGESS, for intro- CRIME STATISTICS IN HOUSTON Luke and Hannah; parents, James and Judy ducing this resolution, and urge my colleagues According to Houston Police Department Renault; siblings, Jason Renault, Kristen to vote ‘‘yes’’ on final passage. statistics:

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K05MR8.005 E05MRPT1 wwoods2 on PRODPC68 with REMARKS E562 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2009 VIOLENT CRIMES HELPING FAMILIES SAVE THEIR they lived in Chicago, where Susan pursued Violent crimes in Houston increased less HOMES ACT OF 2009 an MBA at the University of Chicago and David worked as a political reporter for the than 1 percent in 2008 compared with 2007. SPEECH OF Chicago Tribune. (He later would become Homicides dropped by 16 percent. chief strategist for Barack Obama’s Presi- The number of homicides dropped from 353 HON. JOHN D. DINGELL dential campaign and now is a senior White in 2007 to 295 last year. OF MICHIGAN House adviser.) They were busy and happy. Sexual assaults increased more than 8 per- Susan attended classes while her mother cent from 2007. IN THE HOUSE OF REPRESENTATIVES babysat. Then, when Lauren was 7 months Aggravated assaults increased at 9.1 per- Thursday, February 26, 2009 old, their lives changed overnight. cent. ‘‘She had a cold,’’ Susan tells me as we The House in Committee of the Whole huddle in the warmth of a coffee shop in DOMESTIC VIOLENCE House on the State of the Union had under Washington, D.C., on a day of sleet and rain. consideration the bill (H.R. 1106) to prevent Of the 1,092 additional aggravated assault Susan is 55, fine-boned, lovely, and fit. She mortgage foreclosures and enhance mortgage cases in 2008, more than half were reports of has light-blue eyes, a runner’s tan, and a cas- credit availability: domestic violence. ual fall of silver and ash-blond hair. When Mr. DINGELL. Mr. Chair, I rise today in sup- her voice trembles or tears threaten, she NONVIOLENT CRIMES port of H.R. 1106, the ‘‘Helping Families Save lifts her chin and pushes on. Nonviolent crimes declined more than 10 Their Homes Act of 2009.’’ We are in the ‘‘The baby was so congested, it was impos- percent in 2008. midst of the gravest recession in recent mem- sible for her to sleep. Our pediatrician said Property dropped by more than 10 percent. to give her one-quarter of an adult dose of a ory and hear daily of countless foreclosures cold medication, and it knocked her out im- Auto thefts decreased last year, dropping across the Nation, particularly in my home mediately. I didn’t hear from Lauren the rest more than 21 percent to 15,214, down from state of Michigan. As President Obama men- of the night. In the morning, I found her 19,465 in 2007. tioned during his address to the Congress last gray and limp in her crib. I thought she was The bills that I authored are intended to week, the federal government can and must dead. make America a better, fairer place, and are pursue measures to mitigate the effects of this ‘‘In shock, I picked her up, and she went into a seizure—arms extended, eyes rolling intended to assist families and the incarcer- terrible economic blight upon the Nation’s citi- back in her head. I realized she’d most likely ated. They are smart bills that are aimed at zens. been having seizures all night long. I phoned making America a safer place and are aimed With the painful memories of the Great De- my mother and cried, ‘This is normal, right? at lessening the expense of warehousing pris- pression still clearly in mind, I offer my whole- Babies do this?’ She said, ‘No, they don’t’ ’’ oners and the indiscriminate locking up of pris- hearted praise and support for the President’s The Axelrods raced Lauren to the hospital. oners. I urge my colleagues to support this call to action. Additionally, as the representa- They stayed for a month, entering a parallel tive of a congressional district with one of the universe of sleeplessness and despair under resolution and the bills that I sponsored. fluorescent lights. No medicine relieved the Nation’s highest foreclosure rates and most baby. She interacted with her parents one f dramatic decline in housing values, I feel it im- moment, bright-eyed and friendly, only to be perative that we move swiftly to stabilize the grabbed away from them the next, shaken by EXTENDING CERTAIN housing market to keep people in their homes. inner storms, starting and stiffening, hands IMMIGRATION PROGRAMS H.R. 1106’s provisions will do much toward clenched and eyes rolling. Unable to stop achieving this goal. Its improvements to the Lauren’s seizures, doctors sent the family SPEECH OF home. Hope for Homeowners program and provision The Axelrods didn’t know anything about for a safe harbor to mortgage servicers that epilepsy. They didn’t know that seizures HON. ROBERT J. WITTMAN elect to participate in mortgage modifications were the body’s manifestation of abnormal OF VIRGINIA will help stem the tide of foreclosures sweep- electrical activity in the brain or that the IN THE HOUSE OF REPRESENTATIVES ing across the country. The bill’s provision to excessive neuronal activity could cause make permanent the increase in federal de- brain damage. They didn’t know that two- Wednesday, March 4, 2009 posit insurance from $100,000 to $250,000 will thirds of those diagnosed with epilepsy had give Americans greater faith in the safety of seizures defined as ‘‘idiopathic,’’ of unex- Mr. WITTMAN. Mr. Speaker, the House’s plained origin, as would be the case with consideration of H.R. 1127, legislation to ex- their savings at a time of continued bank fail- Lauren. They didn’t know that a person tend certain visas for religious workers and ures. could, on rare occasions, die from a seizure. doctors serving in underserved areas high- I extend my heartfelt congratulations to my They didn’t know that, for about half of suf- lights our broken immigration and visa system. colleagues, Representatives LOFGREN, ferers, no drugs could halt the seizures or TAUSCHER, and CARDOZA, for their work to nar- that, if they did, the side effects were often While R–1 visas and the Conrad 30 J waiv- brutal. This mysterious disorder attacked 50 ers are noble programs there are many small row the authority in this bill afforded to bankruptcy judges to modify the terms of a loan for million people worldwide yet attracted little businesses in my congressional district that public attention or research funding. No one face critical shortages of workers because primary residences. I believe that in keeping spoke to the Axelrods of the remotest chance Congress has failed to address the H–2B tem- with the President’s housing plan, we should of a cure. porary worker visa program. adopt a targeted effort at stemming fore- AT HOME, LIFE SHAKILY returned to a closures to address the housing crisis. new normal, interrupted by Lauren’s convul- Without prompt action by Congress to ex- I urge my colleagues to support this legisla- sions and hospitalizations. Exhausted, Susan tend H–2B visa cap relief, employers who rely tion. fought on toward her MBA; David became a on temporary and seasonal employees face political consultant. Money was tight and severe worker shortages and the looming pos- f medical bills stacked up, but the Axelrods sibility of business closures in 2009. I MUST SAVE MY CHILD had hope. Wouldn’t the doctors find the right Workers with H–2B visas provide necessary drugs or procedures? ‘‘We thought maybe it was a passing thing,’’ David says. ‘‘We didn’t labor for the seafood, tourism, hospitality, and HON. ED PERLMUTTER realize that this would define her whole life, landscape industries, as well as many other OF COLORADO that she would have thousands of these temporary and non-agricultural jobs in this afterward, that they would eat away at her IN THE HOUSE OF REPRESENTATIVES country. Due to the seasonal nature of the brain.’’ work and the structure of the cap, employers Thursday, March 5, 2009 ‘‘I had a class one night, I was late, there often face uncertainty and employment short- was an important test,’’ Susan recalls. ‘‘I’d Mr. PERLMUTTER. Madam Speaker, I sub- been sitting by Lauren at the hospital. When ages during their busiest season. mit the following for the RECORD. she fell asleep, I left to run to class. I got as I urge you to take action to quickly pass the [From Parade, Feb. 15, 2009] far as the double doors into the parking lot Save Our Small and Seasonal Business Act of I MUST SAVE MY CHILD when it hit me: ‘What are you doing?’ ’’ She returned to her baby’s bedside. From then 2009. H.R. 1136 would address this important (By Melissa Fay Greene) issue impacting many businesses in my dis- on, though she would continue to build her WHEN SUSAN AXELROD tells the story of trict and across the country. Your leadership in family (the Axelrods also have two sons) and her daughter, she begins like most parents of support her husband’s career, Susan’s chief this matter is critical in assuring that small and children with epilepsy: The baby was ador- role in life would be to keep Lauren alive and seasonal business will be able to successfully able, healthy, perfect. Lauren arrived in functioning. navigate the challenging times facing our June 1981, a treasured first-born. Susan Lan- THE LITTLE GIRL WAS AT RISK OF fall- economy. dau had married David Axelrod in 1979, and ing, of drowning in the bathtub, of dying of

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.002 E05MRPT1 wwoods2 on PRODPC68 with REMARKS March 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E563 a seizure. Despite dozens of drug trials, spe- called Keppra and obtained a sample. ‘‘The Additionally, Dr. Jackson complimented her cial diets, and experimental therapies, first day we started her on the medication,’’ educational achievements with her involve- Lauren suffered as many as 25 seizures a day. Susan says, ‘‘her seizures subsided. It’s been ment in various organizations such as Delta almost nine years, and she hasn’t had a sei- In between them, she would cry, ‘‘Mommy, Sigma Theta Sorority’s National, Collegiate make it stop!’’ zure since. It won’t work for everyone, but it While some of Lauren’s cognitive skills has been a magic bullet for Lauren. She is and Alumnae Chapters; Jack and Jill of Amer- were nearly on target, she lagged in abstract blooming.’’ ica, Incorporated; Haitian Refugee Center thinking and interpersonal skills. Her child- Susan and David see their daughter regain- Board of Directors; Sickle Cell Disease Asso- hood was nearly friendless. The drugs Lauren ing some lost ground: social intuition, emo- ciation of America, Incorporated, Dade County took made her by turns hyperactive, listless, tional responses, humor. ‘‘It’s like little Chapter; National Council of Jewish Women’s irritable, dazed, even physically aggressive. areas of her brain are waking up,’’ Susan Teen Violence Intervention Program Board ‘‘We hardly knew who she was,’’ Susan says. says. ‘‘She never has a harsh word for any- and life member of the National Association one, though she did think the Presidential When she acted out in public, the family felt for the Advancement of Colored People; Na- the judgment of onlookers. ‘‘Sometimes,’’ campaign went on a little too long. The Susan says, ‘‘I wished I could put a sign on Thanksgiving before last, she asked David, tional Council of Negro Women; and Red Hat her back that said: ‘Epilepsy. Heavily Medi- ‘When is this running-for-President thing Society. In her spare time, she enjoys reading cated’ ’’ going to be finished?’ ’’ and organizing activities. At 17, Lauren underwent what her mother CURE is run by parents. Susan has worked This public servant is married to Herman describes as ‘‘a horrific surgical procedure.’’ for more than a decade without pay, pushing Jackson, and has two children, Keane Sean Holes were drilled in her skull, electrodes back at the monster robbing Lauren of a nor- (Kelsey) and Herman, II (Cassie), and five implanted, and seizures provoked in an at- mal life. ‘‘Nothing can match the anguish of grandchildren. She has been a diligent and tempt to isolate their location in the brain. the mom of a chronically ill child,’’ David says, ‘‘but Susan turned that anguish into dedicated member at Christ Episcopal Church It was a failure. ‘‘We brought home a 17- where she currently serves as a teller and year-old girl who had been shaved and action. She’s devoted her life to saving other scalped, drilled, put on steroids, and given kids and families from the pain Lauren and president of the Episcopal Church Women. two black eyes,’’ Susan says quietly. ‘‘We our family have known. What she’s done is Madam Speaker, it is an honor to have the put her through hell without result. I wept amazing.’’ privilege of honoring Dr. Jackson, a valued ed- ‘‘Complete seizure freedom without side ef- for 24 hours.’’ ucator of the Miami-Dade County community The failure of surgery proved another turn- fects is what we want,’’ Susan says. ‘‘It’s too and beyond. She can look back on a proud late for us, so we’ve committed ourselves to ing point for Susan. ‘‘Finally, I thought, career of service and distinction in education ‘Well, I can cry forever, or I can try to make the hope that we can protect future generations from having their lives defined and and community leadership. Now, in retirement, a change.’ ’’ she embarks upon new challenges in life and Susan began to meet other parents living devastated by this disorder.’’ through similar hells. They agreed that no f I am certain her legacy of greatness will only federal agency or private foundation was act- grow and develop as she enters this new ing with the sense of urgency they felt, leav- TRIBUTE TO DR. MONA BETHEL phase of life. I invite my colleagues to join me ing 3 million American families to suffer in JACKSON in wishing Dr. Mona Bethel Jackson every near-silence. In 1998, Susan and a few other happiness and many years of continued suc- mothers founded a nonprofit organization to HON. KENDRICK B. MEEK cess. increase public awareness of the realities of OF FLORIDA f epilepsy and to raise money for research. IN THE HOUSE OF REPRESENTATIVES They named it after the one thing no one of- TRIBUTE TO RETIRING MISSOURI Thursday, March 5, 2009 fered them: CURE—Citizens United for Re- ADJUTANT GENERAL KING search in Epilepsy. Mr. MEEK of Florida. Madam Speaker, SIDWELL ‘‘Epilepsy is not benign and far too often is today I rise to pay tribute to Dr. Mona Bethel not treatable,’’ Susan says. ‘‘We wanted the Jackson on the occasion of her retirement public to be aware of the death and destruc- HON. IKE SKELTON tion. We wanted the brightest minds to en- from the Miami-Dade County Public School OF MISSOURI gage with the search for a cure.’’ System (MDCPS) with nearly 39 years of IN THE HOUSE OF REPRESENTATIVES Then-First Lady Hillary Clinton signed on service and dedication. to help; so did other politicians and celeb- Dr. Jackson, a native Miamian, was born to Thursday, March 5, 2009 rities. Later, veterans back from Iraq with Charles Edward Bethel and Olga Goodman Mr. SKELTON. Madam Speaker, let me seizures caused by traumatic brain injuries Bethel Williams. After graduating from George take this moment to recognize the career of demanded answers, too. In its first decade, Washington Carver High School, she furthered Missouri Adjutant General King E. Sidwell. CURE raised $9 million, funded about 75 re- her education at Florida Agricultural & Me- General Sidwell retired in late February after search projects, and inspired a change in the chanical University. She then obtained her scientific dialogue about epilepsy. serving four years as Adjutant General of the ‘‘CURE evolved from a small group of con- master’s degree in guidance and counseling Missouri National Guard. cerned parents into a major force in our re- from Florida Atlantic University and her doc- General Sidwell was born in Sikeston, Mis- search and clinical communities,’’ says Dr. torate in educational administration and super- souri, on July 13, 1950. He resides with his Frances E. Jensen, a professor of neurology vision from Florida International University. wife Cindy Sidwell in Sikeston. They have two at Harvard Medical School. ‘‘It becomes She also attended Principal Institutes at Ford- sons, William Mitchell Sidwell II and Trent more and more evident that it won’t be just ham University and Harvard University, and Easterby Sidwell. the doctors, researchers, and scientists push- was the first African-American woman to serve In 1972, General Sidwell earned his Bach- ing the field forward. There’s an active role as president of the Florida Counseling Asso- elor of Science degree from the Georgia Insti- for parents and patients. They tell us when the drugs aren’t working.’’ ciation. tute of Technology. In 1975, he received his The future holds promise for unlocking the She began her professional career as a Juris Doctorate from the University of Mis- mysteries of what some experts now call Epi- science teacher at Charles R. Drew Junior souri–Columbia and, in 2000, he received a lepsy Spectrum Disorder. ‘‘Basic neuro- High School. She served as principal of Rich- Military and Strategic Studies degree from the science, electrophysiological studies, gene mond Heights Middle School for the past 11 United States Army War College. studies, and new brain-imaging technologies years and is currently serving as mentor prin- General Sidwell has served in the military are generating a huge body of knowledge,’’ cipal at Miami Edison Senior High School. since 1972. He was commissioned as an offi- Dr. Jensen says. Moreover, she is also the first African-Amer- cer in 1974 through the State Officer Can- Lauren Axelrod, now 27, is cute and petite, with short black hair and her mother’s pale ican to serve as principal of Redland Middle didate School at the Missouri Military Acad- eyes. She speaks slowly, with evident im- School. She previously served as lead prin- emy. Prior to his serving as Adjutant General, pairment but a strong Chicago accent. cipal of Miami Southridge Senior High School Sidwell served in many assignments of in- ‘‘Things would be better for me if I wouldn’t feeder pattern. In 1999, Richmond Heights creasing responsibility, culminating with his have seizures,’’ she says. ‘‘They make me Middle School was named a semifinalist for command of the Engineer Brigade, 35th Infan- have problems with reading and math. They the National Alliance of Black School Edu- try Division. Upon completion of this com- make me hard with everything.’’ cators Award. The school earned a grade of B mand, he assumed the position of Assistant By 2000, the savagery and relentlessness of Lauren’s seizures seemed unstoppable. ‘‘I in 2006 and A in 2008 on the Florida Com- Corps Engineer, 35th Engineer Brigade until thought we were about to lose her,’’ Susan prehensive Assessment Test (FCAT). It is being transferred to the Retired Reserve. It says. ‘‘Her doctor said, ‘I don’t know what quite clear that Dr. Jackson has been suc- was from the Retired Reserve that Sidwell else we can do.’ ’’ Then, through CURE, cessful at meeting the challenge of educating was appointed to the position of Adjutant Gen- Susan learned of a new anti-convulsant drug the needs of her community’s young people. eral.

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.005 E05MRPT1 wwoods2 on PRODPC68 with REMARKS E564 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2009 Under General Sidwell’s leadership as Adju- TRIBUTE ON THE 180TH ANNIVER- Fire Chief and established him as a pillar in tant General, the Missouri National Guard de- SARY OF THE FIRST PRES- the community. Chief Laycock retires after veloped the concept of and deployed an Agri- BYTERIAN CHURCH OF forty-six years of service to spend time with business Development Team to Operation En- DANVILLE, ILLINOIS his grandchildren, two daughters, three sons, during Freedom in Afghanistan. This important and his wife of ten years Cindy. HON. TIMOTHY V. JOHNSON As a member of the Riverside community, agricultural redevelopment plan, which builds Chief Laycock not only lived and worked OF ILLINOIS upon the knowledge and expertise of Missou- there, but served those in his neighborhood. IN THE HOUSE OF REPRESENTATIVES rians familiar with agriculture, is now being Chief Laycock has been a member of many replicated by other states. The Missouri Na- Thursday, March 5, 2009 local organizations such as the Uptown tional Guard also equipped and deployed the Mr. JOHNSON of Illinois. Madam Speaker, Kiwanis, the Latino Network and the Greater first Maneuver Enhancement Brigade structure I rise today in recognition of the 180th anniver- Riverside Hispanic Chamber of Commerce. to command Multi-national Task Force East sary of the First Presbyterian Church of Twice, in 1994 and 1996, Chief Laycock was Kosovo. Danville, Illinois. awarded the honor of the Exchange Club’s Built on land so graciously dedicated by Firefighter of the Year Award. General Sidwell has received numerous Reverend Enoch Kingsbury, the First Pres- Chief Laycock’s tireless passion for commu- military awards. He has also been recognized byterian Church was founded on March 7, nity service has contributed immensely to the as the Mid-Missouri Communicator of the Year 1829 by eight charter members. The Church betterment of the community of Riverside, by the Public Relations Society of America provided the first school and library of California. I am proud to call Tedd a fellow and as an outstanding leader by the Jefferson Danville. community member, American and friend. I Barracks. The General is also affiliated with From its humble beginnings in the 1830s, know that many community members are the National Guard Association, the American the church took a stand against slavery. Con- grateful for his service and salute him as he Bar Association, the Defense Research Insti- firming their stance on slavery, the church retires. tute, and the Sikeston Area United Way Board would be honored with a visit from Abraham f of Directors. Lincoln, where he worshiped when his duties TRIBUTE TO ELIJAH ‘‘PAT’’ as attorney brought him to Danville. LARKINS As General Sidwell retires from his current The First Presbyterian Church continues to post, I trust that the Members of the House have a positive impact on the community by will join me in thanking him for his exceptional establishing and supporting several programs HON. KENDRICK B. MEEK OF FLORIDA commitment to the Missouri National Guard including Aunt Martha’s Youth service, a free IN THE HOUSE OF REPRESENTATIVES and the safety and security of America. clinic, Faith in action, a program for adults 60 years of age and older, and Big Brothers Big Thursday, March 5, 2009 f Sisters, a mentoring service for youth. The Mr. MEEK of Florida. Madam Speaker, I rise church is a strong supporter of the arts to pay tribute to the late Elijah ‘‘Pat’’ Larkins, HONORING MARK LUTTRELL through the use of the Aeolian-Skinner Pipe a dedicated public servant, tireless community organ and the use of their facilities for musical activist and the city of Pompano Beach, Flor- performances. ida’s first African-American mayor, who re- HON. MARSHA BLACKBURN I hope all of you will join me in recognizing cently succumbed to a 16-month struggle with The First Presbyterian Church in its faithful brain cancer. OF TENNESSEE mission to be servants of Christ, both in their Born a farmer’s son in Pompano on April IN THE HOUSE OF REPRESENTATIVES church and their community. 29, 1942, Mr. Larkins, the eldest of nine sib- f lings, graduated from what is now Blanche Ely Thursday, March 5, 2009 High School. While a student at Ely High TRIBUTE TO RIVERSIDE FIRE School, he led a boycott of classes when a Mrs. BLACKBURN. Madam Speaker, I ask CHIEF TEDD LAYCOCK my colleagues to join me in congratulating Senior Day gathering of the county’s three black high schools was cancelled. Following Shelby County, Tennessee’s Sheriff Mark HON. KEN CALVERT his attendance at Tennessee State University, Luttrell for being named the 2009 Sheriff of OF CALIFORNIA Mr. Larkins was named a Ford Foundation fel- the Year presented by the National Sheriffs’ IN THE HOUSE OF REPRESENTATIVES low, which allowed him to attend the 1970 Na- Association. Thursday, March 5, 2009 tional Housing Institute. First elected in 2002, Mark Luttrell has In 1972, Mr. Larkins became a federally cer- Mr. CALVERT. Madam Speaker, I rise today served Shelby County residents with strong tified housing-development specialist who cre- to honor and pay tribute to an individual leadership by placing the public’s confidence ated the Broward County Minority Builders Co- whose dedication and contributions to the alition. The Coalition’s mission is to ensure back in the county’s jail operations. Sherriff community of Riverside, California are excep- black-owned companies participated in South Luttrell has secured accreditation for both tional. Riverside has been fortunate to have Florida’s construction boom, an economic ex- men’s and women’s jails, the medical unit, and dynamic and dedicated community leaders pansion that defined the area for years to the law enforcement division as well as many who willingly and unselfishly give their time come. In addition to his involvement with the countless other achievements for which he is and talent and make their communities a bet- Broward County Minority Builders Coalition, being recognized. ter place to live and work. Tedd Laycock is Mr. Larkins was a director of his own not-for- one of these individuals. On March 7, 2009, a Luttrell continues to be an integral member profit company, Malar Construction Co. in Fort dinner in honor of Chief Laycock will be held in local and state efforts to fight street crime, Lauderdale. to celebrate his retirement from the City of While serving as a City Commissioner for including the successful Operation Safe Com- Riverside Fire Department. 19 years and Mayor of Pompano Beach for munity. Sheriff Luttrell also serves on the A lifelong resident of Riverside, Chief seven terms, Mr. Larkin helped diversify the Memphis/Shelby Crime Commission and Laycock graduated from Ramona High School. fire department and police while also advo- Memphis Second Chance, an organization After receiving his Associate of Science De- cating on behalf of Pompano Beach’s pre- which aids first time offenders to transition gree in fire technology from Riverside City dominantly black northwest quadrant. Mr. back into society. College, he went on to graduate from the Uni- Larkin was also instrumental in changing Sheriff Luttrell has set a high example of versity of Redlands with a Bachelor of Science Hammondville Road to Martin Luther King, Jr. in Business Administration. service, leadership, caring, and civic participa- Boulevard. One of his proudest achievements In 1973, Chief Laycock began his career was getting the E. Pat Larkins Community tion that all would do well to follow. Madam with the City of Riverside Fire Department as Center, a center that provides the setting for Speaker, I congratulate Sheriff Mark Luttrell on a firefighter. He was subsequently promoted to meetings, banquets and other social events, this well-deserved award, and ask my col- Engineer in 1980; to Captain in 1984; to Bat- up and running. leagues to join me in celebrating his accom- talion Chief in 2002; and to Fire Chief on April As a parishioner at Hopewell Missionary plishments. We congratulate Sheriff Luttrell 8, 2005. Chief Laycock’s natural leadership Baptist Church for over 30 years, ‘‘His great- and his family on this wonderful occasion. ability has contributed to his excellence as a ness was measured by his servitude,’’ the

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.007 E05MRPT1 wwoods2 on PRODPC68 with REMARKS March 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E565 Reverend Robert Stanley declared. Reverend Madam Speaker, please join me in con- the first time, establish national Multiple Scle- Stanley continued saying, ‘‘For him, the posi- gratulating Mayor Leighton on the occasion of rosis (MS) and Parkinson’s disease registries tion of mayor wasn’t a position of clout. It was this auspicious event. Mayor Leighton’s exem- at the Centers for Disease Control and Pre- a place to make change.’’ Pompano Beach plary commitment to his family, his city and vention (CDC). Mayor Lamar Fisher stated: ‘‘his involvement northeastern Pennsylvania is a clear reflection Currently, a national coordinated system to in the city is immeasurable.’’ When asked his of his determination to play an active role in collect and analyze data on MS or Parkinson’s legacy, Mr. Larkins said, ‘‘I have always had the improvement of the quality of life for every- disease does not exist. Accurate incidence a great affinity and love for this city. I hope one and, because of that, his selection as and prevalence information is critical to gain a when it’s all over it’s said that Pat gave it all Man of the Year is a well deserved honor. better understanding of these diseases that he had.’’ f are estimated to affect more than 1.4 million Madam Speaker, I ask you and all the Americans. The current lack of core knowl- members of this esteemed legislative body to PERSONAL EXPLANATION edge about who has MS and Parkinson’s dis- join me in recognizing the extraordinary life ease and why inhibits research, programs, and accomplishments of Mr. Elijah Pat HON. JOHN J. HALL treatment and services. Larkins. I am honored to pay tribute to Mr. OF NEW YORK This legislation will remedy that by devel- Larkin for his invaluable services and tireless IN THE HOUSE OF REPRESENTATIVES oping coordinated, separate national systems dedication to the South Florida community. to collect and store existing MS and Parkin- Thursday, March 5, 2009 f son’s disease data on incidence and preva- Mr. HALL of New York. Madam Speaker, lence. These registries could help uncover and CONGRATULATING MAYOR THOM- due to a family emergency I was unavoidably inform promising areas of MS and Parkinson’s AS M. LEIGHTON, RECIPIENT OF absent from the House on March 4, 2009, and research such as genetic and environmental THE 2009 ‘‘MAN OF THE YEAR’’ missed the following votes: risk factors, and support the discovery of dis- AWARD FROM THE WILKES- Rollcall vote No. 94, a motion by Mr. ease therapies, treatments, and one day a BARRE FRIENDLY SONS OF ST. PASCRELL of New Jersey to suspend the rules cure. The information collected through the PATRICK and agree to H. Res. 201, a resolution recog- registries will provide a foundation for evalu- nizing Beverly Eckert’s service to the Nation ating and understanding many factors such as HON. PAUL E. KANJORSKI and particularly to the survivors and families of geographic clusters of diagnosis, variances in OF PENNSYLVANIA the September 11, 2001, attacks. Had I been the gender ratio, disease burden, and changes IN THE HOUSE OF REPRESENTATIVES present, I would have voted ‘‘yes.’’ in health care practices. Thursday, March 5, 2009 Rollcall vote No. 95, a motion by Mr. CAR- Madam Speaker, this legislation represents Mr. KANJORSKI. Madam Speaker, I rise NEY of Pennsylvania to suspend the rules and an opportunity to move neurological disease today to ask you and my esteemed colleagues agree to H. Res. 195, a resolution recognizing research in a meaningful way that aims to im- in the House of Representatives to pay tribute and honoring the employees of the Depart- prove the lives of our constituents with Parkin- to Wilkes-Barre Mayor Thomas M. Leighton, ment of Homeland Security on its sixth anni- son’s and MS. I invite my colleagues to join us recipient of the 2009 ‘‘Man of the Year’’ award versary for their continuous efforts to keep the in cosponsoring this much-needed bill. from the Wilkes-Barre Friendly Sons of St. Nation safe. Had I been present, I would have f voted ‘‘yes.’’ Patrick. PERSONAL EXPLANATION Mayor Leighton began his tenure as the Rollcall vote No. 96, a motion by Ms. Mayor of the City of Wilkes-Barre on January LOFGREN of California to suspend the rules 5, 2004. Prior to becoming mayor, he served and agree to H. Res. 45, a resolution raising HON. ALLEN BOYD three four-year terms as a city councilman, as awareness and promoting education on the OF FLORIDA Chairman in 1995, 1998 and 2002 and as criminal justice system by establishing March IN THE HOUSE OF REPRESENTATIVES Vice Chairman in 1994, 1997, 1999 and 2001. as ‘‘National Criminal Justice Month.’’ Had I Thursday, March 5, 2009 A graduate of Bishop Hoban High School, been present, I would have voted ‘‘yes.’’ Mr. BOYD. Madam Speaker, due to per- Mayor Leighton earned a bachelor of science f sonal reasons, I was unable to attend to sev- degree from King’s College in Business Ad- PERSONAL EXPLANATION eral votes. Had I been present, my vote would ministration. In 1996, he became president have been ‘‘yea’’ on H. Res. 201, Recognizing and owner of C.A. Leighton Company, Inc., a Beverly Eckert’s service to the Nation and par- real estate, insurance and appraisal business HON. ADAM H. PUTNAM ticularly to the survivors and families of the located in downtown Wilkes-Barre since 1921. OF FLORIDA September 11, 2001 attacks; ‘‘yea’’ on H. Res. To fulfill his professional licensing, Mayor IN THE HOUSE OF REPRESENTATIVES 195, Recognizing and honoring the employees Leighton has successfully completed numer- Thursday, March 5, 2009 of the Department of Homeland Security on its ous continuing education programs over the sixth anniversary for their continuous efforts to Mr. PUTNAM. Madam Speaker, on Tues- years in the fields of real estate, appraisal and keep the Nation safe; and ‘‘yea’’ on H. Res. day, March 3, 2009, and Wednesday, March insurance and has retained membership in 45, Raising awareness and promoting edu- 4, 2009, I was not present for recorded votes real estate professional organizations. cation on the criminal justice system by estab- due to the death of a close personal friend. The combination of his municipal and busi- lishing March as ‘‘National Criminal Justice Please let the record show that had I been ness experience has provided him with the Month’’. knowledge and familiarity to meet the financial present, I would have voted the following way: f and operational challenges he faces as Mayor. roll No. 91—‘‘yea,’’ roll No. 92—‘‘yea,’’ roll No. An active alumnus of King’s College, Mayor 93—‘‘yea,’’ roll No. 94—‘‘yea,’’ roll No. 95— CONGRATULATING WALTER J. Leighton served as chairman of the 2006 ‘‘yea,’’ roll No. 96—‘‘yea.’’ ZABLE AND THE CUBIC COR- King’s College Alumni Phonathon Fund Drive f PORATION as well as on the President’s Council and the Century Club. He is a former coach of many INTRODUCTION OF THE NATIONAL HON. DARRELL E. ISSA community sports leagues including the MS AND PARKINSON’S DISEASE REGISTRIES ACT OF CALIFORNIA Wilkes-Barre Family YMCA, St. Theresa’s Lit- IN THE HOUSE OF REPRESENTATIVES tle League, Skyhawks Youth Soccer, Rolling Thursday, March 5, 2009 Mill Hill Basketball, St. Nicholas/St. Mary’s HON. CHRIS VAN HOLLEN Basketball and he is also a certified PIAA ref- OF MARYLAND Mr. ISSA. Madam Speaker, I rise today to eree. IN THE HOUSE OF REPRESENTATIVES recognize and congratulate Cubic Corporation, Mayor Leighton is also a member of the a San Diego-based company celebrating 50 Thursday, March 5, 2009 Knights of Columbus Council 302, third de- years as a publicly traded entity. In fact, on gree, the Pennsylvania Interscholastic Athletic Mr. VAN HOLLEN. Madam Speaker, along March 5, 2009, executives from Cubic were in- Association, Elks Club, Saint Conrad’s Club, with the co-chairs of the Congressional Cau- vited to the New York Stock Exchange to ring North End Slovak Club and the Eagles Club. cuses on MS and Parkinson’s disease, we are the opening bell to mark the occasion. Mayor Leighton and his wife, Patty, have pleased to introduce the National MS and Par- Since its founding in 1951 and subsequent three children: Kelly, Tom Jr. and Courtney. kinson’s Disease Registries Act—which, for status as a publicly traded company in 1959,

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.012 E05MRPT1 wwoods2 on PRODPC68 with REMARKS E566 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2009 Walter J. Zable, Chairman and CEO, has gree in Basic Sciences and Mathematics from Attorney for the County of Santa Barbara, been at the helm. I’ve known Walt for many the University of Colorado in 1959, and did California. years and this celebration not only marks a further study at Notre Dame and the University Christie Stanley joined the District Attorney’s 50-year milestone for Cubic, but serves as a of Wisconsin. Office in 1980 and quickly moved into super- remarkable testament to the wisdom and good For 33 years she taught math at Sims High visory positions, including 15 years as Assist- business sense of Mr. Zable. School and Union High School, where she ant District Attorney for the North County, While Cubic has experienced its share of spent a great deal of time sponsoring extra- where she was responsible for the day-to-day business challenges, Mr. Zable has kept ad- curricular programs for the students. Knowing operations of all the District Attorney’s Office’s hering to commonsense business tenets that the value of an education, she also tutored il- business north of the Gaviota Pass. steady the ship and allow Cubic steady, sus- literate people and instructed Post Office The hundreds of cases she prosecuted in- tainable growth. workers. She always sought to improve her clude two Crips gang members who came Cubic has followed a strong and responsible knowledge, and participated in numerous from Los Angeles and ambushed a Lompoc business philosophy, allowing it to achieve workshops and conferences. police officer as he responded to their call for solid growth over many years along with the Throughout her adult life, Mrs. Goree was help. The shooter is serving a life sentence for ability to weather several economic active in politics. In 1978, she was elected attempted murder. Many murder cases she prosecuted were downturns—including the one the country cur- Mayor of the Town of Carlisle, which made domestic violence cases, a cause she deeply rently faces. history in South Carolina. A sharecroppers’ believes in. The cases include a triple murder While there are other companies that have daughter, who once worked as a maid, was now the first black female to serve as Mayor in which the defendant is serving three con- had more spectacular growth than Cubic, secutive life sentences, two without the possi- many have suffered equally spectacular of a South Carolina town. The same dogged- determination and dedication that led to suc- bility of parole. downturns as well. Cubic, under the leader- Christie Stanley’s outstanding career led to ship of Mr. Zable, has maintained a consid- cess in the classroom also enabled Mrs. Goree to have great success as a municipal her election as District Attorney in June 2006. ered commonsense approach to its busi- With a nearly perfect conviction rate, Santa nesses thus returning stable, sustainable leader. During her 22 years as Mayor of Carlisle, Barbara voters gave her an overwhelming growth. vote of confidence with 70 percent of the vote. From its humble beginnings almost 60 years she won major grants to improve the city’s water system, sewers, administration build- She has not let them down. ago, Cubic is now an enterprise with $881 mil- As District Attorney, Mrs. Stanley supervises ings, recreation areas, and build a fire depart- lion in 2008 sales and an employer of more 52 prosecuting attorneys, 24 investigators, and ment. She knew that basic infrastructure was than 7,000 people worldwide. The markets victims advocates and support staff with of- that it works in—Defense and Transpor- essential to the quality of life for the residents fices in Santa Barbara, Santa Maria and tation—are much needed in this tumultuous in her community, and she made it her top pri- Lompoc. She has earned their loyalty. They world and Cubic holds a strong position in ority. Always one to seek and share knowl- share her vision of upholding the law with a these markets. Today the company now oper- edge, Mrs. Goree was very active in organiza- combination of fairness and firmness. ates in more than 45 countries with the largest tions that allowed her to take fact-finding trips District Attorney Stanley traces her career foreign customer being the United Kingdom. all over the world, visiting every continent ex- as a prosecuting attorney to a favorite uncle Indeed, in these difficult economic times, cept Antarctica. who was murdered in a small town in Kansas. Cubic stands as a true American success She was an active participant in state and Her uncle’s killer was caught and brought story. national organizations, including leadership through the town square where the towns- positions in the South Carolina Conference of f people were bent on vengeance. In Christie’s Black Mayors, the Municipal Association, the words: TRIBUTE TO THE HONORABLE National Conference of Black Mayors, the ‘‘The officers who had him in custody, JANIE GLYMPH GOREE Union County Chamber of Commerce and the friends and colleagues of my uncle, brought World Conference of Mayors. She was invited the killer in safely so he could be prosecuted. HON. JAMES E. CLYBURN to the White House several times, and I was and am consistently impressed by law interacted with Presidents and world leaders. OF SOUTH CAROLINA enforcement professionals who do the right For her civic work, Mrs. Goree received nu- IN THE HOUSE OF REPRESENTATIVES thing, even when it is the hard thing to do.’’ merous awards and citations. One of her That attitude has earned District Attorney Thursday, March 5, 2009 proudest honors was having the Carlisle Town Stanley the respect and cooperation of law en- Mr. CLYBURN. Madam Speaker, I rise Hall, which she helped to build, named in her forcement officers at every level, the respect today to pay tribute to a trailblazer whose honor. and gratitude of crime victims, and animosity passing us mourn by all South Carolinians. Mrs. Goree was an active member of from criminals of every stripe. The Honorable Janie Glymph Goree was the Seekwell Baptist Church, where she served as Madam Speaker, tomorrow California State first female African American to be elected a volunteer, committee person, and Sunday Senator Tony Strickland will honor Christie mayor of a South Carolina town. She passed school teacher. She was married to the late Stanley as the 19th Senate District Woman of away on January 13, 2009, at the age of 87 Charlie Goree, and is survived by six step-chil- the Year. It is a well deserved honor for a and I ask that we take a moment to celebrate dren, a foster son, and 32 nieces and neph- tough and respected prosecutor. I know my her exceptional life and legacy. ews. colleagues will join me in congratulating Dis- Janie Glymph Goree was born in 1921, the Madam Speaker, I ask that you and my col- trict Attorney Christie Stanley and in thanking youngest of ten children born to sharecroppers leagues join me in celebrating the life of this her for dedicated and unflagging service to the Orlander and Chaney Glymph in the extraordinary woman. Janie Glymph Goree people of Santa Barbara County. Maybinton community of Newberry County. turned life’s challenges into a drive to suc- f Her parents valued education, but there were ceed. This pioneer who changed her community was well-known nationally and internation- EXTENDING CERTAIN limited educational opportunities for black chil- IMMIGRATION PROGRAMS dren growing up in the rural, segregated ally. Her lasting legacy can be seen on all the South. Yet one of her teachers recognized her streets of Carlisle and in the countless people SPEECH OF potential and provided her with the education she helped educate over the years. Her pres- she desperately desired. ence will be sorely missed. HON. SHEILA JACKSON-LEE Mrs. Goree became the first in her family to f OF TEXAS IN THE HOUSE OF REPRESENTATIVES attend college. She had been awarded a IN TRIBUTE TO CHRISTIE Wednesday, March 4, 2009 scholarship to attend South Carolina State STANLEY College, but financial problems prevented her Ms. JACKSON-LEE of Texas. Mr. Speaker, from going. Although temporarily delayed, she HON. ELTON GALLEGLY I rise today in support of this bill reauthorizing worked as a domestic and eventually earned two very important programs, the Non-Minister OF CALIFORNIA enough to pay her way through Benedict Col- Religious Worker Program and the Program IN THE HOUSE OF REPRESENTATIVES lege in Columbia. Her hard work and deter- for Doctors Serving in Underserved Areas Pro- mination paid off and she graduated Magna Thursday, March 5, 2009 gram. I urge my colleagues to support this im- Cum Laude as Valedictorian of the class of Mr. GALLEGLY. Madam Speaker, I rise in portant bill that reauthorizes these much need- 1948. She went on to earn her Masters De- tribute to my friend Christie Stanley, District ed and much utilized programs.

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.018 E05MRPT1 wwoods2 on PRODPC68 with REMARKS March 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E567 ‘‘The Special Immigrant Non-Minister Reli- in the United States lacking adequate access ognizing the 50th Anniversary of Dr. Martin gious Worker Visa Program.’’ The participants to physician care; and Luther King, Jr.’s visit to India and the positive under this program have come under closer (2) when determining the qualification of a influence that the teachings of Mahatma Gan- location for designation as a health profes- scrutiny as investigations have determined sional shortage area, the Secretary of Health dhi had on Dr. King’s work during the Civil that the participants were engaging in fraud. and Human Services should consider the Rights Movement; The religious worker visa program allows U.S. needs of vulnerable populations in low-in- Roll Call Vote 60: No on agreeing to H. religious denominations to fill critical religious come and impoverished communities, com- Con. Res. 47, Providing for an adjournment or worker positions for which there are no quali- munities with high infant mortality rates, recess of the two Houses; fied candidates in the U.S. with qualified reli- and communities exhibiting other signs of a Roll Call Vote 61: Yes on the motion to sus- gious workers abroad. The program provides lack of necessary physician services. pend the rules and agree to H. Res. 154, Hon- for two types of visas. The one is a special im- This language was included in the bill. I will oring JOHN D. DINGELL for holding the record migrant visa, which allows qualified religious continue to work with Congresswoman as the longest serving member of the House workers to immigrate to the U.S. permanently LOFGREN and the Immigration Subcommittee of Representatives; and later become citizens if they so choose to ensure that this happens. Roll Call Vote 62: No on the motion to sus- and meet the qualification. The other is the f pend the rules and pass H.R. 448, the Elder non-immigrant visa, which allows qualified reli- Abuse Victims Act; gious workers to enter temporarily and per- PERSONAL EXPLANATION Roll Call Vote 63: No on the motion to form services in the U.S. for a proscribed pe- agree to H. Res. 157, providing for the consid- riod. Both of these visas may be granted to HON. JOHN CAMPBELL eration of motions to suspend the rules, and both ministers and non-minister religious work- OF CALIFORNIA for other purposes; Roll Call Vote 64: Yes on the motion to sus- ers. IN THE HOUSE OF REPRESENTATIVES pend the rules and agree to H. Res. 117, Sup- This bill extends the program but does not Thursday, March 5, 2009 provide for it to be in place permanently. I porting the goals and ideals of National Engi- think that this bill is much needed and I urge Mr. CAMPBELL. Madam Speaker, from neers Week; Roll Call Vote 65: Yes on the motion to sus- my colleagues to support it. February 3, 2009, to March 4, 2009, I missed pend the rules and agree to H. Con. Res. 35, The second program extended under this Roll Call votes 47–96. Unfortunately, I under- Honoring and praising the National Associa- bill is the special program for doctors serving went a surgical procedure and was in Cali- tion for the Advancement of Colored People underserved communities. The Immigration fornia recuperating. Had I been here, I would on the occasion of its 100th anniversary; and Nationality Act allows for foreign doctors have voted the following: Roll Call Vote 66: No on ordering the pre- to train in the United States under the ‘‘J–1’’ Roll Call Vote 47: Yes on the motion to sus- vious question on H. Res. 168, providing for visa program, otherwise known as non-immi- pend the rules and agree to H. Res. 82, rais- consideration of the conference report to H.R. grants in the ‘‘Exchange Visitor Program.’’ ing awareness and encouraging prevention of 1, the American Recovery and Reinvestment This Exchange Visitor Program seeks to pro- stalking by establishing January 2009 as Na- tional Stalking Awareness Month; Act of 2009; mote peaceful relations and mutual under- Roll Call Vote 67: No on H. Res. 168, pro- standing with other countries through edu- Roll Call Vote 48: Yes on the motion to suspend the rules and agree to H. Res. 103, sup- viding for consideration of the conference re- cational and cultural exchange programs. Ac- port to accompany H.R. 1, the American Re- cordingly, many exchange visitors, including porting the goals and ideals of National Teen Dating Violence Awareness and Prevention covery and Reinvestment Act of 2009; doctors in training, are subject to a require- Roll Call Vote 68: No on the question of ment that they must return to their home coun- Week; Roll Call Vote 49: Yes on the motion to sus- consideration of the conference report to H.R. try to share with their countrymen the knowl- 1, the American Recovery and Reinvestment edge, experience, and impressions gained pend the rules and agree to H.R. 559, The Fair, Accurate, Secure, and Timely (FAST) Act of 2009; during their stay in the United States. Unless Roll Call Vote 69: Yes on the motion to re- USCIS approves a waiver of this requirement Redress Act of 2009; Roll Call Vote 50: No on the motion to con- commit the conference report to H.R. 1, the in those cases, the exchange visitors must de- American Recovery and Reinvestment Act of part from the United States and live in their cur in the Senate Amendment to H.R. 2, the Children’s Health Insurance Program Reau- 2009; home country for two years before they are al- Roll Call Vote 70: No on agreeing to the thorization Act of 2009; lowed to apply for an immigrant visa, perma- conference report to H.R. 1, the American Re- Roll Call Vote 51: Yes on the motion to nent residence, or a new nonimmigrant status. covery and Reinvestment Act of 2009; commit with instructions S. 352, the DTV A waiver of the two year foreign residency Roll Call Vote 71: Yes on the motion to sus- Delay Act; requirement is available for doctors who have pend the rules agree to H. Res. 139, Com- Roll Call Vote 52: No on passage of S. 352, trained in the United States under the J–1 visa memorating the life and legacy of President the DTV Delay Act; if a state or an interested federal agency Abraham Lincoln on the bicentennial of his Roll Call Vote 53: Yes on the motion to sus- sponsors the physician exchange visitor to birth; work in a health manpower shortage area pend the rules and pass H.R. 738, the Death Roll Call Vote 72: No on the motion to sus- within the state for 3 years as a non-immigrant in Custody Reporting Act; pend the rules and pass H.R. 911, the Stop in H–1B status (temporary worker in specialty Roll Call Vote 54: Yes on the motion to in- Child Abuse in Residential Programs for occupation). The Secretary of Health and struct conferees on H. R. 1, Making Supple- Teens Act; Human Services determines which areas have mental Appropriations for Fiscal Year Ending Roll Call Vote 73: No on the motion to sus- a health manpower shortage. 2009; pend the rules and pass H.R. 44, the Guam This bill would extend this waiver to ensure Roll Call Vote 55: Yes on the motion to sus- World War II Loyalty Recognition Act; that areas in the United States with a shortage pend the rules and agree to H. Res. 114, Sup- Roll Call Vote 74: Yes on the motion to sus- of doctors have an option to hire a doctor with porting the Goals and Ideals of National Girls pend the rules and pass H.R. 601, the Box a J–1 visa for three years where there is no and Women in Sports Day; Elder Utah Land Conveyance Act; other doctor available to fill the job. Roll Call Vote 56: Yes on the motion to sus- Roll Call Vote 75: No on approving the jour- As the immigrant doctors are getting a ben- pend the rules and agree to H. Res. 60, Rec- nal; efit so too should underserved Americans. In ognizing and commending University of Okla- Roll Call Vote 76: Yes on the motion to sus- the underlying bill, I am pleased that my lan- homa quarterback Sam Bradford for winning pend the rules and H.R. 80, the Captive Pri- guage was included. Specifically my language the 2008 Heisman Trophy and for his aca- mate Safety Act; ensured that the underserved would indeed be demic and athletic accomplishments; Roll Call Vote 77: Yes on the motion to sus- served. My language provided: Roll Call Vote 57: No on the motion to table pend the rules and pass H.R. 637, the South H. Res. 143, Raising a Question of the Privi- SEC. 3. SENSE OF CONGRESS. Orange County Recycled Water Enhancement leges of the House; Act; It is the sense of the Congress that— Roll Call Vote 58: Yes on the motion to sus- Roll Call Vote 78: Yes on the motion to sus- (1) Federal programs waiving the 2-year foreign residence requirement under section pend the rules and agree to H. Res. 128, Hon- pend the rules and pass H. Res. 83, Recog- 212(e) of the Immigration and Nationality oring Miami University for its 200 years of nizing the significance of Black History Month; Act (8 U.S.C. 1182(e)) for physicians are gen- commitment to extraordinary higher education; Roll Call Vote 79: Yes on the motion to sus- erally designed to promote the delivery of Roll Call Vote 59: Yes on the motion to suspend the rules and pass S. 234, the Colonel critically needed medical services to people pend the rules and agree to H. Res. 134, Rec- John H. Wilson, Jr. Post Office Building;

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.021 E05MRPT1 wwoods2 on PRODPC68 with REMARKS E568 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2009 Roll Call Vote 80: Yes on approving the Caswell has penned a number of heartfelt trib- for at least ten days. My bill also requires that journal; utes, and recently, he wrote a poem about a manager’s amendment that makes sub- Roll Call Vote 81: Yes on the motion to sus- radio broadcaster and American legend Paul stantive changes to a bill be available in both pend the rules and agree to H. Res. 47, Sup- Harvey. Mr. Harvey passed away on February printed and electronic forms at least 72 hours porting the goals and ideals of Peace Officers 28th after a life and career that spanned over before voted on. While manager’s amend- Memorial Day; nine decades. His voice and the kind and ments are usually reserved for technical Roll Call Vote 82: Yes on the motion to sus- commonsense message it brought to us all changes, oftentimes manager’s amendments pend the rules and agree to H. Res. 180, Sup- will be cherished and sorely missed. contain substantive additions to or subtrac- porting the goals and ideals of the third annual GOOD DAY ... tions from bills. Members should be made America Saves Week; (By Albert Carey Caswell) aware of such changes before being asked to Roll Call Vote 83: No on the consideration Good day . . . vote on a bill. of H. Res. 184, providing for consideration of Goodnight . . . The sunlight rule provides the people the H.R. 1105, the Omnibus Appropriations for Rest, you American Icon . . . to heaven take opportunity to be involved in enforcing the rule 2009; flight . . . by allowing a citizen to petition for an Office of Roll Call Vote 84: Yes on ordering the pre- The voice of The Heartland, a sheer delight Congressional Ethics investigation into any vious question on H. Res. 184, providing for ... House Member who votes for a bill brought to consideration of H.R. 1105, the Omnibus Ap- ‘‘Hello American’s’’ . . . Paul, oh how we the floor in violation of this act. The sunlight propriations for 2009; miss you this night . . . rule can never be waived by the Committee Roll Call Vote 85: Yes on H. Res. 184, pro- That voice . . . on Rules or House leadership. If an attempt is Your smile, and your style . . . burning viding for the consideration of H.R. 1105, the bright! made to bring a bill to the floor in violation of Omnibus Appropriations of 2009; The stories, The glory, of tales told each this rule, any member could raise a point of Roll Call Vote 86: No on passage of H.R. night . . . order requiring the bill to be immediately 1105, the Omnibus Appropriations of 2009; Warming our hearts, playing their parts . . . pulled from the House calendar until it can be Roll Call Vote 87: No on the motion to table reinforcing in our souls all that is brought to the floor in a manner consistent H. Res. 189, raising a question of the privi- right! with this rule. leges of the House; An America Man, with his tales of the heart Madam Speaker, the practice of rushing Roll Call Vote 88: No on ordering the pre- that which so stand . . . bringing his bills to the floor before individual members vious question on H. Res. 190, providing for light . . . have had a chance to study the bills is one of Behind the microphone, with him we were consideration of H.R. 1106 to prevent mort- never alone . . . the major factors contributing to public distrust gage foreclosures and enhance mortgage Like a best friend, as our hearts he did own of Congress. Voting on bills before members credit availability; ... have had time to study them makes a mock- Roll Call Vote 89: No on H. Res. 190, Pro- Telling his stories, of faith and hope and ery of representative government and cheats viding for consideration of H.R. 1106 to pre- glory . . . bringing us home . . . the voters who sent us here to make informed vent mortgage foreclosures and enhance As good as it gets! decisions on public policy. Adopting the sun- mortgage credit availability; As his life was a championship . . . of what light rule is one of, if not the, most important Roll Call Vote 90: Yes on the motion to sus- is so right . . . changes to the House rules this Congress pend the rules and agree to H. Res. 183, ex- Married for 75 years, great American Values here . . . could make to restore public trust in, and help pressing condolences to the families, friends, Oh how we miss him this night . . . preserve the integrity of, this institution. I hope and loved ones of the victims of the crash of And now ‘‘The Rest of the Story’’ . . . my colleagues will support this change to the Continental Connection flight 3407; Surely, this Man’s soul was bound for glory House rules. Roll Call Vote 91: Yes on the motion to sus- ... f pend the rules and pass H.R. 146, the Revolu- As Heaven he’s found . . . tionary War and War of 1812 Battlefield Pro- Good Day! TRIBUTE TO UCR CHANCELLOR tection Act; f DR. TIMOTHY P. WHITE Roll Call Vote 92: Yes on the motion to suspend the rules and pass H.R. 548, the Civil STATEMENT ON INTRODUCING THE HON. KEN CALVERT SUNLIGHT RULE War Battlefield Preservation Act; OF CALIFORNIA Roll Call Vote 93: Yes on the motion to sus- IN THE HOUSE OF REPRESENTATIVES pend the rules and pass H. Res. 77, congratu- HON. RON PAUL Thursday, March 5, 2009 lating the University of Mary Washington in OF TEXAS Fredericksburg, VA for more than 100 years of IN THE HOUSE OF REPRESENTATIVES Mr. CALVERT. Madam Speaker, I rise today to honor and welcome a person whose pas- service and leadership to the United States; Thursday, March 5, 2009 sion for leadership and duty have distin- Roll Call Vote 94: Yes on the motion to sus- Mr. PAUL. Madam Speaker, Supreme Court pend the rules and pass H. Res. 201, recog- guished him amongst his colleagues. I stand Justice Louis Brandeis famously said, ‘‘Sun- to recognize the Inauguration of the eighth nizing Beverly Eckerts service to the nation light is the best disinfectant.’’ In order to shine and particularly to the survivors and families of Chancellor at the University of California, Riv- sunlight on the practices of the House of Rep- erside: Dr. Timothy P. White. The Inauguration the September 11, 2001, attacks. resentatives, and thus restore public trust and Roll Call Vote 95: Yes on the motion to sus- ceremony will be held on March 17, 2009. integrity to this institution, I am introducing the pend the rules and pass H. Res. 195, recog- Chancellor White was born in Buenos Aires, sunlight rule, which amends House rules to nizing and honoring the employees of the De- Argentina. His family would later immigrate to ensure that members have adequate time to partment of Homeland Security on its sixth an- the United States where he would come to call study a bill before being asked to vote on it. niversary for their continuous efforts to keep California his home. A first-generation college One of the chief causes of increasing public the nation safe; and graduate, Chancellor White has certainly cynicism regarding Congress is the way major Roll Call Vote 96: Yes on the motion to sus- made his family, who deeply values education, pieces of legislation are brought to the floor pend the rules and pass H. Res. 45, raising proud. without members having an opportunity to awareness and promoting education on the Dr. White began his collegiate studies at read the bills. For example, the over-one-thou- criminal justice system by establishing March Diablo Valley Community College, and later sand page economic stimulus bill was first as National Criminal Justice Month. graduated Magna Cum Laude from the Cali- posted on the Internet at 12:30 a.m. the night fornia State University of Fresno, where he re- f before the vote. Obviously, this did not give in- ceived his Bachelor’s Degree. He then pur- A TRIBUTE TO PAUL HARVEY dividual members of Congress adequate time sued and obtained his Masters Degree from to review what is certainly one of, if not the, the California State University of Hayward. HON. JOE WILSON most significant pieces of legislation that Con- Later Dr. White added a doctorate in exercise OF SOUTH CAROLINA gress will consider this year. physiology from the University of California, My proposed rule requires that no piece of IN THE HOUSE OF REPRESENTATIVES Berkeley to his resume. legislation, including conference reports, can Chancellor White’s curriculum vitae includes Thursday, March 5, 2009 be brought before the House of Representa- a long list of work throughout the United Mr. WILSON of South Carolina. Madam tives unless it has been available to members States as an educator and scientist at the Uni- Speaker, poet and capitol tour guide Albert C. and staff in both print and electronic version versity of Michigan, Oregon State University,

VerDate Nov 24 2008 04:17 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.022 E05MRPT1 wwoods2 on PRODPC68 with REMARKS March 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E569 University of California Berkeley, the Univer- Mr. Chair, I hope that this is only the first of counterparts from NATO-member parliaments sity of Idaho, and now the University of Cali- many bills that come to the House Floor to ad- also expressed particular interest in the for- fornia Riverside. Chancellor White is inter- dress the housing crisis, and I urge my col- eign policy goals of the 111th Congress and of nationally recognized for his discussion of leagues to support this legislation. the new U.S. Administration. As I will elabo- physiology in various published medical jour- f rate in a moment, my colleagues and I took nals and editorials. With more than 30 years the opportunity to respond to questions on of service in higher education, Dr. White’s ex- BIPARTISAN CONGRESSIONAL DEL- EGATION TO NATO PARLIAMEN- these issues and to present our views on the perience is not only an impressive accolade, current direction of U.S. foreign policy. but a symbol of his passion and tireless com- TARY ASSEMBLY MEETINGS, mitment toward the sharing of knowledge and THE OECD, THE OSCE, THE NATO The key issue facing the alliance is NATO’s ideas. The University of California, Riverside SCHOOL, AND THE GEORGE C. effort to bring security and stability to Afghani- will benefit greatly from Dr. White’s impressive MARSHALL EUROPEAN CENTER stan. NATO has staked its reputation on acknowledge and skills, especially as it embarks FOR SECURITY STUDIES complishing the Afghan mission by sending a on the establishment of a medical school. sizeable force, extolling the alliance’s capa- Riverside is an area that calls for great lead- HON. JOHN S. TANNER bility for global reach, and expending reers that are ready to achieve goals that will OF TENNESSEE sources to rebuild the political and economic propel both the university and the community IN THE HOUSE OF REPRESENTATIVES structure of a country from which emanated forward. Dr. White has proven he is a true Thursday, March 5, 2009 the most devastating terrorist attack in western leader and his experience and passion will history. Failure in Afghanistan would likely call Mr. TANNER. Madam Speaker, from Feb- greatly benefit UC Riverside, a proud part of into question the future of the alliance. Ap- ruary 14–21, I led a bipartisan House delega- the Riverside community and the state of Cali- proximately 55,100 troops from 39 countries tion to NATO Parliamentary Assembly meet- fornia. Chancellor Timothy P. White represents currently serve in the International Security ings in Brussels and with the Organization for a welcome addition to the University of Cali- Assistance Force (ISAF), with NATO members Economic Cooperation and Development fornia at Riverside and to the region it serves. providing the core of the force. The United On behalf of the Inland Empire delegation, I (OECD) in Paris, and to additional meetings at the Organization for Security and Cooperation States now contributes approximately 24,000 wholeheartedly welcome Dr. White as the troops to ISAF. In February, President Obama eighth distinguished Chancellor of the Univer- in Europe (OSCE) in Vienna, Austria, and the NATO School and Marshall Center for Secu- announced that the United States will send an sity of California, Riverside and look forward to additional 17,000 troops to Afghanistan in the working with him for many years to come. rity Studies in Germany. The co-chair of my delegation was the Hon. JO ANN EMERSON. In coming months. Forces from the United f addition, Representatives JOHN BOOZMAN, States, Canada, Denmark, the Netherlands, HELPING FAMILIES SAVE THEIR BARON HILL, CAROLYN MCCARTHY, CHARLIE and the UK bear the brunt of the fighting. The HOMES ACT OF 2009 MELANCON, JEFF MILLER (Brussels only), DEN- inequity of burden-sharing in combat oper- NIS MOORE, MIKE ROSS, and DAVID SCOTT, and ations remains an important point of conten- SPEECH OF staff, worked to make this a highly successful tion in the alliance, and is a factor in domestic HON. LYNN C. WOOLSEY trip during which we examined current NATO opposition to the conflict apparent in states issues, above all NATO’s engagement in Af- that contribute the most combat forces. Each OF CALIFORNIA ghanistan, the alliance’s evolving relations with of us on the delegation made an effort to urge IN THE HOUSE OF REPRESENTATIVES Russia, and the effect of the global economic our counterparts from NATO parliaments to Thursday, February 26, 2009 downturn on NATO operations. support ISAF and to contribute the forces and The House in Committee of the Whole The NATO Parliamentary Assembly (NATO resources necessary to stabilize Afghanistan. House on the State of the Union had under PA) consists of members of parliament from Our delegation also emphasized that success consideration the bill (H.R. 1106) to prevent the 26 NATO states, as well as members of in Afghanistan will depend on more than just mortgage foreclosures and enhance mortgage parliament from candidate states Albania, Cro- military efforts, and called on the alliance to credit availability: atia, and Macedonia (or Former Yugoslav Re- develop a more comprehensive political strat- Ms. WOOLSEY. Mr. Chair, the mortgage public of Macedonia, FYROM), and other as- egy for the region that includes increased en- foreclosure crisis is the center of the financial sociated states such as Russia, Georgia, and gagement in Pakistan. crisis that our country is now facing. And, until Ukraine. Last fall, I had the honor of being we take on the foreclosure crisis, and find a elected to serve a two-year term as President Relations between NATO and Russia in way to help keep people in their homes, we of the Assembly. In this capacity, I preside 2008 reached their lowest point since the end are never going to get to the root causes of over meetings during which delegates discuss of the Cold War. Russia vocally opposed U.S.- our economic downturn. and debate a range of issues of importance to supported proposals to strengthen NATO ties That’s why I support judicial modification of the alliance. Delegates have the opportunity to with Georgia and Ukraine, and Moscow’s op- primary residences in bankruptcy proceedings. listen to presentations by specialists from position to a proposed U.S. missile defense in- This important provision in H.R. 1106, the NATO and on NATO affairs, and to engage in stallation in Poland and the Czech Republic Helping Families Save Their Homes Act, discussion of the issues raised. An additional has sparked contentious debate about the would allow judges who are presiding over element of the meetings is the opportunity to merits of the U.S. plans. Tensions between bankruptcies to modify the terms of a mort- meet and come to know members of par- NATO and Russia escalated in the wake of gage, allowing homeowners who are trying to liaments who play important foreign-policy Russia’s August 2008 invasion of Georgia, keep their heads above water and stay in their roles in their own countries. These responsibil- after which the sides suspended formal ties in homes. The more people who are facing fore- ities can include setting defense budgets and the NATO-Russia Council (NRC). Low-level closure, the worse this crisis is going to get. determining the operational restrictions placed cooperation between NATO and Russia re- It’s important that, as this bill makes its way on deployed forces. Some of the acquaint- sumed in January, and formal ties in the NRC through Congress, we work with our counter- ances made through the NATO PA can last could resume after the April summit. NATO parts in the Senate to ensure this provision the duration of a career and are invaluable for members remain divided on how to manage isn’t used as a tool for those who would be gaining insight into developments in allied relations with Russia. Our delegation contrib- tempted to commit fraud. It’s equally important states. uted to a number of forceful discussions on to ensure that those institutions who have NATO will celebrate its 60th anniversary at the future of NATO-Russia relations and em- acted in good faith are not unfairly punished a summit in Strasbourg, France and Kehl, phasized the importance of developing a uni- Germany on April 3–4, 2009. Discussion dur- by the good intentions of this bill. There are fied approach toward Russia within the frame- many lenders, like some of the credit unions ing the NATO PA’s February meetings were work of a broader alliance policy toward the in my district, who have not traded in the sub- dominated by four key issues expected to be east. prime market, and have bent over backwards addressed at the April summit: NATO’s sta- to keep their members in their homes. It would bilization mission in Afghanistan; its evolving Proposals for a new NATO Strategic Con- be shameful if anything that we are doing with relations with Russia; plans to draft a new cept were a third topic of discussion at NATO H.R. 1106 negatively impacted those who are NATO Strategic Concept; and the effects of PA meetings. NATO’s current Strategic Con- actively trying to solve the foreclosure epi- the global economic downturn on national se- cept was drafted in 1999 and a growing num- demic from the lending side of the ledger. curity and allied commitments to NATO. Our ber of allied governments have called for the

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.025 E05MRPT1 wwoods2 on PRODPC68 with REMARKS E570 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2009 creation of a new Strategic Concept that clari- to address the complexities of the political sit- pean security conference later this year to dis- fies and updates the scope of NATO’s activi- uation in Pakistan that is affecting Afghani- cuss proposals for a reform of the European ties. Such a document could address a num- stan’s stability. The other half of the delegation security architecture that some view as an at- ber of important issues facing the alliance, in- visited SHAPE headquarters in Mons, where tempt to weaken support for NATO. Members cluding a possible streamlining of NATO deci- they received an insightful presentation on of our delegation made clear that while we are sion-making and commitment to more equi- NATO military operations from NATO’s Su- willing to engage in dialogue with Russia on table cost-sharing of missions; a clearer com- preme Allied Commander Europe (SACEUR), all issues, we would staunchly oppose any ef- mitment to the missions of counter terrorism General John Craddock. The group also fort to counter or exclude NATO from the dis- and counter proliferation, and possibly energy toured NATO’s Special Operations Forces Co- cussions. In my address to the OSCE PA, I and cyber security; and a rationale for future ordination Center. called for robust dialogue and cooperation be- enlargement. The April Summit’s Declaration The following day, our delegation attended a tween NATO and OSCE member states to en- on Alliance Security could serve as a founda- meeting of the NATO PA’s Economics and sure that the current global economic down- tion and impetus for a new Strategic Concept Security Committee at the European Commis- turn does not spark nationalist and protec- that would be approved in 2010. sion. At the Commission, we engaged in inter- tionist measures that could become a source While in Brussels, our delegation met first esting and informative discussions on Eu- of conflict between societies. I also called on with Ambassador Kurt Volker, the U.S. Perma- rope’s response to the financial crisis, the international organizations such as the Euro- nent Representative to NATO. He provided a state of the transatlantic trade relationship, pean Union and United Nations to enhance briefing and responded to our questions on a and European Union (EU) policy in the Cau- and better coordinate their development initia- wide range of issues including those I just out- cuses and Central Asia. A highlight of the day tives in Afghanistan. The effort in Afghanistan lined and NATO’s ongoing peacekeeping op- was an exceptional presentation by the EU’s is neither only a NATO effort nor solely a mili- erations in Kosovo. There followed three days Commissioner for Economic and Monetary Af- tary effort. of meetings of the NATO PA’s Defense and fairs, Joaquin Almunia, who gave a lively pres- The following morning, we traveled to Mu- Security, Political, and Economics and Secu- entation and concise overview of the con- nich, Germany for site visits and meetings at rity Committees. The meetings raised such sequences in Europe of the global financial the NATO School in Oberammergau and the issues as NATO’s current political agenda, crisis and of European proposals for an en- George C. Marshall European Center for Se- NATO’s relations with the countries of Central hanced global response to the crisis. The del- curity Studies in Garmisch-Partenkirchen. I am Asia, NATO defense policy, and U.S. and Eu- egation also met with the EU’s Director Gen- proud to report that ours was the first U.S. ropean responses to the global financial crisis eral for Trade, David O’Sullivan, who outlined Congressional Delegation to visit the NATO and economic downturn. At the request of our the principal points of controversy in trans- School in its 56-year history. The NATO fellow NATO PA delegations, I presided over atlantic trade relations and the Doha round of School is a U.S.-German bilateral institution an open joint session of the NATO PA’s Polit- trade talks. that serves as NATO’s premier operational- ical, Defense and Security, and Economic and The delegation then traveled to Paris for level education and training center. NATO Security Committees during which members of NATO PA meetings at the OECD. On the School Commandant, Colonel James J. Tabak the U.S. delegation presented views and an- evening of our arrival in Paris, we held inform- U.S.-MC and Deputy Commandant Colonel swered questions on the foreign policy prior- ative discussions with the Charge d’Affaires at (G.S.) Enrico Werner DEU-AF briefed the del- ities of the 111th Congress and the Obama the U.S. Embassy in France, Mark Pekala, egation on the school’s wide range of training Administration. Representatives McCarthy and and several of his staff. French foreign policy and education programs for officers and civil- Ross each made forceful and provocative priorities and the prospects for French re- ians from NATO member states and partner presentations during which they emphasized integration into NATO’s military command countries. We were particularly impressed with U.S. willingness to listen to its allies when de- structure were key topics of interest. The dele- one of the school’s flagship programs that pre- termining the way forward in Afghanistan and gation welcomed the possibility of France’s full pares NATO members deploying to serve in in other key foreign policy areas. At the same reintegration into NATO, which could lead to NATO’s Provincial Reconstruction Teams time, they expressed their hope that allied an enhancement of France’s already signifi- (PRTs) in Afghanistan. By building operational countries would increase their commitments to cant commitments to allied operations. The capacity and fostering collaboration between NATO efforts across the globe. Representa- following day, after a brief session with our allied countries, the school plays a crucial role tives Emerson and McCarthy also gave com- Charge d’Affaires to the OECD and his staff, in preparing the United States and its allies to prehensive responses to numerous questions we attended sessions at the OECD and met face the evolving security challenges of the about the U.S. response to the current global with the OECD’s Secretary General, Angel 21st century. The delegation would especially economic downturn and the effect of the Gurria. The state of the world economy, the like to recognize and thank all NATO member downturn on U.S. foreign policy. Many of our global financial crisis, and the International En- and partner nations who enable the NATO counterparts from allied nations expressed ergy Agency’s Global Energy Outlook were School to continue its mission by sending top their hope that the new U.S. Administration key subjects of discussion. The OECD is play- training personnel on fully-funded rotations to would reaffirm its commitment to ing a crucial role in monitoring global eco- the school. multilateralism and international diplomacy. nomic trends and national and multilateral re- The final stop on our trip was the George C. We also held meetings with officials at sponses to the financial crisis at a time when Marshall European Center for Security Studies NATO headquarters in Brussels and at Su- global economic security and national security in Garmisch-Partenkirchen. The Marshall Cen- preme Headquarters Allied Powers Europe issues are becoming inextricably linked. ter is a German-American partnership dedi- (SHAPE) in Mons, Belgium. I had the oppor- That evening, we traveled to Vienna, Aus- cated to creating a more stable security envi- tunity to meet privately with NATO Secretary tria, for a day of meetings with the Organiza- ronment by advancing democratic institutions, General Jaap de Hoop Scheffer to discuss de- tion for Security and Cooperation in Europe promoting peaceful security cooperation, and velopments in Afghanistan and priorities for (OSCE) and its Parliamentary Assembly. The enhancing partnerships among the nations of the upcoming April Summit. Half of the dele- 56-member OSCE is a key instrument for North America, Europe, and Eurasia. At the gation then attended a meeting of the North early warning, conflict prevention, crisis man- Center, we were welcomed by the Mayor of Atlantic Council, the alliance’s governing body, agement, and post-conflict rehabilitation in an Garmisch-Partenkirchen, Lord Thomas comprised of representatives from the 26 area spanning from Vancouver, Canada to Schmid, and the Center’s Director, Dr. John member states. A range of issues—Russia, Vladivostok, Russia. As President of the Rose. Dr. Rose briefed the delegation on the energy security, developments in the Arctic, NATO PA, I was invited to address the 320- Marshall Center’s wide range of programs and and piracy in the Gulf of Aden among them— member OSCE PA during its opening plenary activities. These include courses for govern- was discussed. We ended the day at NATO session. Our delegation also held informative ment officials on security and terrorism studies headquarters by meeting with U.S. General private meetings with the OSCE Chairwoman and in-depth research projects on a broad Karl Eikenberry, who is a member of NATO’s in Office, Greek Foreign Minister Dora array of security and governance issues. We Military Committee, and a former commander Bakoyannis, OSCE Secretary General Marc then had a lively discussion with the Center’s of NATO forces in Afghanistan. He briefed the Perrin de Brichambaut, and the U.S. Charge faculty members on issues including the future delegation on NATO’s mission in Afghanistan d’Affaires to the OSCE, Kyle Scott. Two of the of U.S. and NATO relations with Russia to and highlighted the need to create a secure key topics of discussion were Russia’s calls international counterterrorism efforts. A high- environment for upcoming Afghan national for a new European security framework and light of the discussions was an in-depth de- elections, to boost the capacity of the Afghan the future of the OSCE’s monitoring mission in bate facilitated by Representative Scott on National Army and Afghan security forces, and Georgia. Russia hopes to convene a Euro- Russia’s possible involvement in Kyrgyzstan’s

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MR8.007 E05MRPT1 wwoods2 on PRODPC68 with REMARKS March 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E571 recently announced decision to close the Address of Requesting Entity: 700 Experi- the acquisition of public safety equipment for NATO supply base at Manas. ment Station Road, Lake Alfred, FL 33850 the County’s new Emergency Services Center. As always, members of the United States Description of Request: I have secured Current public safety technology equipment is military contributed greatly to the success of $1,217,000 for Citrus Canker/Greening, FL. outdated and hindering the ability for the local this trip. The logistics of such a trip, com- The funding will be used to continue the vital law enforcement officials to work effectively. pressed into a tight time frame, are com- citrus canker and greening research being Funding will go towards procurement of GIS plicated and require lengthy and detailed prep- conducted by the University of Florida, Insti- and improved interoperable communications aration. Our military escorts were from the Air tute of Food and Agricultural Services (IFAS), technology. The Emergency Services Center, Force’s Legislative Liaison Office and the air- to improve technologies for treatment and de- currently under construction, is a 130,000 crew was from the 932nd Air Wing at Scott tection, methods of movement and contain- square foot, four story complex and includes a AFB, Illinois. They did an outstanding job, and ment, and means to control and eliminate cit- communications tower. Upon completion, oc- I thank them for their hard work and dedica- rus canker and greening. As a result of the cupants will include the Emergency Manage- tion to duty. 2004 and 2005 hurricane season it has be- ment staff, Emergency Operations Center, In- f come evident that the eradication of citrus formation Technology, Sheriff’s Substation and canker in Florida is not feasible, therefore it is 911 Center, and Clerk of Courts. The total EARMARK DISCLOSURE vital that the scientific community find a dis- cost of technology acquisition is approximately ease resistant crop or a cure to the disease to $10,000,000. It is my understanding that the HON. MARIO DIAZ-BALART protect the citrus industry, which is a vital part County has committed to funding construction OF FLORIDA of the Florida economy, from these dev- of the $56,000,000 complex with the help of IN THE HOUSE OF REPRESENTATIVES astating diseases. The continued research on $3,204,000 provided by the State of Florida as Thursday, March 5, 2009 citrus canker and greening is a joint effort a cost-share for this project. This project re- among the State of Florida, University of Flor- ceived $352,500 in FY08. Mr. MARIO DIAZ-BALART of Florida. ida and citrus industry. The project is esti- Requesting Member: Representative MARIO Madam Speaker, pursuant to the House Re- mated to cost approximately $16 million in DIAZ-BALART (FL–25) publican standards on earmarks, I am submit- total. The University of Florida has received $3 Bill Number: H.R. 1105, FY2009 Omnibus ting the following information regarding ear- million from the Florida State Legislature and Appropriations Act marks I received as part of H.R. 1105, $7 million from citrus growers for work on this Account: Department of Justice, OJP—Ju- FY2009 Omnibus Appropriations Act: important project. Previously the University of venile Justice Requesting Member: Representative MARIO Florida has received $1.35 million in FY08, Legal Name of Requesting Entity: The DIAZ-BALART (FL–25) $500,000 in FY06 and $474,000 in FY07 for ARISE Foundation Bill Number: H.R. 1105, FY2009 Omnibus this project. It is my understanding that the Address of Requesting Entity: 824 US Hwy Appropriations Act University of Florida will provide $3 million in 1, Suite 240, North Palm Beach, FL, 33408– Account: Department of Agriculture, Cooper- cost-share funding. 3838 ative State Research Education and Extension Requesting Member: Representative MARIO Description of Request: I have secured Service, RE/FA DIAZ-BALART (FL–25) $300,000 for the ARISE Life-Management Legal Name of Requesting Entity: University Bill Number: H.R. 1105, FY2009 Omnibus Skills Intervention/ Re-entry Program for High of Miami Appropriations Act Risk Youth. The funding will be used by The Address of Requesting Entity: 1252 Memo- Account: Department of Justice, COPS Law ARISE Foundation to provide juvenile justice rial Drive, Coral Gables, FL, 33146 Enforcement Technology facilities with specialized staff training and Description of Request: I have secured Legal Name of Requesting Entity: City of unique curricula to teach life lessons and de- $2,494,000 for Climate Forecasting, FL. This Doral velop thinking skills for incarcerated youth funding will be used to continue research on Address of Requesting Entity: 8300 NW needed to break the cycle of violence and the application of climate forecasts. Climate 53rd St, Suite 100, Doral, FL 33166 crime in order to reduce recidivism rates. The variability significantly impacts agricultural pro- Description of Request: I have secured ARISE foundation serves approximately 31 fa- duction in the Southeastern United States. Ag- $500,000 for the City of Doral Police Depart- cilities providing juvenile justice and has riculture is one of the most important sectors ment. This funding will be used to offset the trained over 5,250 certified life skills instruc- of the Southeastern economy and contributed cost of purchases made to establish a new tors who have taught over 3.7 million hours of $14.3 billion to Florida, Georgia and Alabama police department in the City of Doral which life skills lessons. The material provided con- economies in 2002. The Southeastern Climate was incorporated in 2003 and has grown at a tains vital information used to reduce recidi- Consortium reduces economic risks and im- rate of 71%. The City of Doral recently opened vism by learning life-management lessons. proves social well-being by facilitating the efits own police department after sharing serv- The ARISE foundation plans to expand its fective use of climate information in agricul- ices with the Miami-Dade County Police De- training program for Juvenile Crime and De- tural decision-making. Members of the South- partment for the past several years. The City tention Officers in Florida’s Juvenile Justice fa- eastern Climate Consortium include the Uni- opened its department in order to effectively cilities by introducing additional training topics versity of Miami, Florida State University, Uni- provide for the rapidly growing community’s such as anger management, non-judgmental versity of Florida, University of Georgia, Uni- traffic, public safety and law enforcement listening and conflict resolution. This project versity of Alabama at Huntsville, and Auburn needs. Funds provided will be used for equip- has received previous funding including University. Each university provides unique ment purchases include protective gear, com- $728,500 in FY08, $250,000 in FY06, and complementary talent and expertise in the munications devices, hardware/software and $250,000 in FY05, $500,000 in FY04 and necessary research areas. For example, the technology upgrades. The project is estimated $500,000 in FY03. It is my understanding that University of Miami will provide socioeconomic to cost a total of $17 million. It is my under- this project will receive cost-share funds in the modeling and analyses of the agricultural sys- standing that the city has received $1,500,000 form of $150,000 from sales of curriculum and tem and characterize the linkages among through the Community Budget Issue Request training and $100,000 from private foundation water management and farming. Previous Funding provided by the State of Florida that grants. funding for this project includes $2,675,000 in will be utilized as a cost-share for this project. Requesting Member: Representative MARIO FY08 and $3,600,000 in FY06. It is my under- Requesting Member: Representative MARIO DIAZ-BALART (FL–25) standing that all participating Universities will DIAZ-BALART (FL–25) Bill Number: H.R. 1105, FY2009 Omnibus receive a portion of this funding. Bill Number: H.R. 1105, FY2009 Omnibus Appropriations Act Requesting Member: Representative MARIO Appropriations Act Account: Army Corps of Engineers, Con- DIAZ-BALART (FL–25) Account: Department of Justice, COPS Law struction Bill Number: H.R. 1105, FY2009 Omnibus Enforcement Technology Legal Name of Requesting Entity: South Appropriations Act Legal Name of Requesting Entity: Collier Florida Water Management District Account: Department of Agriculture, Cooper- County, FL Address of Requesting Entity: 3301 Gun ative State Research Education and Extension Address of Requesting Entity: 3301 E. Club Road, West Palm Beach, FL 33406 Service, SRG Tamiami Trail, Naples, FL 34112 Description of Request: I have secured Legal Name of Requesting Entity: University Description of Request: I have secured $123,448,000 for the South Florida Everglades of Florida, Institute of Food and Agricultural $350,000 for the Emergency Services Tech- Ecosystem Restoration, FL. The focus of Ev- Services nology. The funding will be used to support erglades Restoration is to restore, protect and

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MR8.007 E05MRPT1 wwoods2 on PRODPC68 with REMARKS E572 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2009 preserve the defining ecological features of $73,060,000. The Non-Federal Share is by constructing a seepage cutoff wall that will the original Everglades and the South Florida $81,240,000. It is my understanding that protect the Dike from seepage as well as pro- ecosystem. The Comprehensive Everglades Miami-Dade County intends to invest tect the local community by preventing a Restoration Plan (CERP) was originally en- $1,220,000 and other Federal Sources will be breach in the Dike during a Hurricane. This acted in the Water Resources Development investing $670,000 as a cost-share for this project is authorized under the Rivers and Act of 2000. This Plan includes 68 different project. Harbors Act of 1930 and received projects designed with the goal of restoring Requesting Member: Representative MARIO $54,883,584 million in FY08. It is my under- historic waterflows to the Florida Everglades. DIAZ-BALART (FL–25) standing that this is a 100% Federal project This project is a 50/50 cost-share with the Bill Number: H.R. 1105, FY2009 Omnibus and all funding will be utilized for further con- Army Corps of Engineers and the State of Appropriations Act struction work on the Dike. Florida. To date the State of Florida has in- Account: Army Corps of Engineers, O & M Requesting Member: Representative MARIO vested in excess of $2 billion for CERP, the Legal Name of Requesting Entity: Miami- DIAZ-BALART (FL–25) ACOE has invested just over $340 million. In Dade County, FL Bill Number: H.R. 1105, FY2009 Omnibus FY08 this project received $130,669,000. It is Address of Requesting Entity: 111 NW 1ST Appropriations Act my understanding that this funding will be uti- St, Suite 1032, Miami, FL 33128 Account: Health and Human Services, lized by the State to serve as the Federal Description of Request: I have secured Health Resources and Services Administration share of the 50/50 cost-share arrangement es- $10,043,000 for the Miami River, FL. The (HRSA), Health Facilities and Services tablished in WRDA 2000. funding will be used to implement the final Legal Name of Requesting Entity: University Requesting Member: Representative MARIO phase of the Miami River Dredging Project, of Miami, Miller School of Medicine DIAZ-BALART (FL–25) seeking to restore the authorized depth and Address of Requesting Entity: 1601 NW Bill Number: H.R. 1105, FY2009 Omnibus width to the navigational channel. The project 12th Avenue, 9th Floor, Miami, FL 33136. Appropriations Act aims to remove contaminated sediments from Description of Request: I have secured Account: Army Corps of Engineers, Con- the Miami River, which is Florida’s 4th largest $238,000 for purchase of equipment for the struction port with an economic value of $4 billion. The Pediatric Integrative Medical Center at the Legal Name of Requesting Entity: South River has not been dredged since it was origi- University of Miami, Miller School of Medicine. Florida Water Management District nally dredged to be navigational in the 1930s. The funding will be used to develop a pioneer Address of Requesting Entity: 3301 Gun The dredging provides improve navigation as center for excellence for a pediatric integrative Club Road, West Palm Beach, FL 33406 well as enhances the environmental quality of medicine model where research and delivery Description of Request: I have secured the River and Biscayne Bay. This funding will of care are emphasized. The model will utilize $3,472,000 for the South Florida Everglades enable the ACOE to complete this project. Complementary and Alternative Medicine Ecosystem Restoration, FL Everglades and S. $40,000,000 has previously been Appropriated (CAM) in concert with conventional medicine Florida Ecosystem Restoration, FL. The focus for this project. The State of Florida has pro- to improve the standards of care. It is becom- of Everglades Restoration is to restore, protect vided a minimum of $2 billion to act as a 50/ ing more and more evident that all health and preserve the defining ecological features 50 partner. It is my understanding that funding problems cannot be solved through traditional of the original Everglades and the South Flor- allocation and cost-sharing will include medical interventions, many factors, such as ida ecosystem. The Comprehensive Ever- $4,700,000 from Miami-Dade County, diet, lifestyle and environment play an impor- glades Restoration Plan (CERP) was originally $3,300,000 from the City of Miami, tant role in pediatric health. Currently, CAM enacted in the Water Resources Development $19,200,000 from the Florida Department of has not been tested extensively in pediatrics, Act of 2000. This Plan includes 68 different Environmental Protection and $9,700,000 from and adult studies cannot be extrapolated to projects designed with the goal of restoring the South Florida Water Management District. pediatrics. This Center will focus on evaluating historic waterflows to the Florida Everglades. Requesting Member: Representative MARIO CAM and a pediatric integrative medicine This project is a 50/50 cost-share with the DIAZ-BALART (FL–25) model in order to develop the most effective Army Corps of Engineers (ACOE) and the Bill Number: H.R. 1105, FY2009 Omnibus interventions and develop rigorous scientific State of Florida. To date the State of Florida Appropriations Act methodology. The model will allow cross-com- has invested in excess of $2 billion for CERP, Account: Department of Energy, Science munication between pediatricians, disease the ACOE has invested just over $340 million. Legal Name of Requesting Entity: Barry Uni- management specialists and CAM practi- In FY08 this project received $130,669,000. It versity tioners with a single point of contact with the is my understanding that this funding will be Address of Requesting Entity: 11300 NE patient in order to provide comprehensive and utilized by the State to serve as the Federal Second Ave, Miami Shores, FL 33161 efficient delivery model. share of the 50/50 cost-share arrangement es- Description of Request: I have secured Requesting Member: Representative MARIO tablished in WRDA 2000. $761,200 for the Barry University Institute for DIAZ-BALART (FL–25) Requesting Member: Representative MARIO Collaborative Sciences Research. The funding Bill Number: H.R. 1105, FY2009 Omnibus DIAZ-BALART (FL–25) will be used to expand and renovate the col- Appropriations Act Bill Number: H.R. 1105, FY2009 Omnibus laborative research, laboratories and teaching Account: Health and Human Services, Appropriations Act facilities and instrumentation as well as to ex- Health Resources and Services Administration Account: Army Corps of Engineers, Inves- pand support for faculty and student develop- (HRSA), Health Facilities and Services tigations ment. Barry University requires more critical Legal Name of Requesting Entity: City of Legal Name of Requesting Entity: Miami- laboratory and teaching space to develop its Homestead, FL Dade County, FL potential as a research facility to further their Address of Requesting Entity: 790 North Address of Requesting Entity: 111 NW 1ST mission to prepare leaders from the minority Homestead Blvd., Homestead, FL 33030 St, Suite 1032, Miami, FL 33128 community in health professions and facilitate Description of Request: I have secured Description of Request: I have secured nationally valuable evidence-based research. $190,000 for facilities and equipment at the $478,000 for the Miami Harbor, FL. The fund- This project has previously received $400,000 Bill Dickinson Senior Center. The funding will ing will be used to begin the Miami Harbor in FY08. be used for construction, renovation and Phase III dredging project authorized under Requesting Member: Representative MARIO equipment to expand the Bill Dickinson Senior the Water Resources Development Act of DIAZ-BALART (FL–25) Center. The expansion is necessary to accom- 2007. The project will deepen the Port of Bill Number: H.R. 1105, FY2009 Omnibus modate the growing number of members and Miami to 50–52 feet in order to accommodate Appropriations Act to allow the Center to provide dedicated med- the larger container ships which are becoming Account: Army Corps of Engineers, Con- ical rooms geared toward health, therapy/fit- the industry standard. Implementation includes struction ness services and health screening. This design, preparation of plans and specification Legal Name of Requesting Entity: South project received $375,000 in FY04 and for bidding. Miami Harbor is a major economic Florida Water Management District $125,000 in FY05. It is my understanding that force, accounting for over 98,000 jobs and $12 Address of Requesting Entity: 3301 Gun the City of Homestead will provide $5,800,000 billion in annual economic impact. The total Club Road, West Palm Beach, FL 33406 for design and construction and the Florida project cost is $154,300,000 with an additional Description of Request I have secured State Division of Cultural Affairs will provide $3,800,000 in PED ($2,670,000 Federal and $74,069,000 for the Herbert Hoover Dike, FL $346,500 in cost-share funding. $1,220,000 Non-Federal). Expected Federal (Seepage Control). This vital project, which is Requesting Member: Representative MARIO Share based on Federal Statute is currently underway, is providing vital security DIAZ-BALART (FL–25)

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Bill Number: H.R. 1105, FY2009 Omnibus Requesting Member: Representative MARIO Account: Department of Transportation, Appropriations Act DIAZ-BALART (FL–25) Federal Transit Authority, Bus and Bus Facili- Account: Health and Human Services, Bill Number: H.R. 1105, FY2009 Omnibus ties Health Resources and Services Administration Appropriations Act Legal Name of Requesting Entity: City of (HRSA), Health Facilities and Services Account: Department of Transportation, Doral, FL Legal Name of Requesting Entity: Collier Federal Transit Authority, Bus and Bus Facili- Address of Requesting Entity: 8300 NW County, FL ties 53rd St, Suite 100, Doral, FL 33166. Address of Requesting Entity: 3301 E. Legal Name of Requesting Entity: Town of Description of Request: I have secured Tamiami Trail, Naples, FL 34112 Miami Lakes, FL $475,000 for the Doral Transit Circulator Pro- Description of Request: I have secured Address of Requesting Entity: 15700 NW gram. The funding will be used to further im- $143,000 for healthcare access network for 67th Ave, Miami Lakes, FL 33014 plement the Doral Transit Circulator program. the uninsured, including purchase of equip- Description of Request: I have secured This program allows the City to provide public ment for Collier County, FL. The funding will $570,000 for the Miami Lakes Hybrid Electric transportation services to help alleviate traffic be used to support and further develop a Vehicles and Trolleybus Procurement, FL. The congestion and to connect residential areas funding will be used for the second phase of health care access network for the under/unin- with recreational, retail and commercial facili- the vehicle procurement program. The funding sured in Collier County. Collier County has ties. Once primarily composed of agricultural will go towards the procurement of hybrid identified over 35,000 residents who lack qual- and industrial tracts, City of Doral has estab- electrical vehicles which provide negligible ity health care and currently is experiencing lished itself as a major center of wholesale emissions and low-floor designs. The vehicles overuse of its emergency health facilities. This international trade and a booming office, com- will be part of the trolleybus service that is cur- project seeks to expand, organize, and de- mercial, and residential community. Approxi- rently being implemented. The service is develop a full access program with a full con- mately 35,000 people live in Doral and over signed to provide general transportation tinuum of services for approximately 35,000 100,000 more travel to and through the city throughout the town, primarily focusing on residents needing health care. The initial each day for employment and business activi- east-west directional travel currently not serv- phase of this project has been the adoption of iced by the County bus system, transportation ties. Due to its proximity to the urban core of a shared information database between the for students and parents to and from Bob Miami-Dade and major transportation facilities, portals of entry for the poor into the system. Graham Education Center during the morning as well as the rapid development of its compo- Future phases of the project include marketing commencement and afternoon dismissal peri- nent communities, Doral contends with a and full penetration of the population of unin- ods, a mid-day lunch route service for the unique array of transportation concerns that sured/underinsured individuals. The total cost business parks, and lastly, a paratransit, door- require immediate and significant attention. It of this project is approximately $5 million. This to-door bus service for senior citizens. The is my understanding that the City of Doral will project received $327,183 in FY08. It is my general circulator will mitigate their growing provide $250,000 in matching funds towards understanding that local healthcare providers traffic congestion problems and the potential this project. will contribute approximately $1,000,000 in safety concerns stemmed by increased vehic- Requesting Member: Representative MARIO services, community foundations will provide ular traffic. The funds will go towards the pur- DIAZ-BALART (FL–25) $370,000 and Collier County will provide chase of a new bus with an estimated cost of Bill Number: H.R. 1105, FY2009 Omnibus matching funds of approximately $130,000 for $400,000 and operations and maintenance. It Appropriations Act Account: Department of Transportation, staff salaries. is my understanding that this project has re- Requesting Member: Representative MARIO Federal Lands (Public Lands Highways) ceived $400,000 from the State Department of DIAZ-BALART (FL–25) Legal Name of Requesting Entity: Transportation for operations and the Town Bill Number: H.R. 1105, FY2009 Omnibus Miccosukee Reservation, FL will fund the remaining operations budget with Appropriations Act Address of Requesting Entity: P.O. Box revenues from a local transportation sales tax. Account: Department of Housing and Urban 440021, Tamiami Station, Miami, FL 33144. Development, Economic Development Initia- This project received $300,000 in FY08. Description of Request: I have secured Requesting Member: Representative MARIO tives $760,000 for the Snake Road Safety Improve- DIAZ-BALART (FL–25) Legal Name of Requesting Entity: Miami- Bill Number: H.R. 1105, FY2009 Omnibus ments. The funding will be used to design the Dade College Appropriations Act recommended alternative to widen the existing Address of Requesting Entity: 11011 SW Account: Department of Housing and Urban shoulders on Snake Road within the 104 St, Miami, FL 33176 Development, Economic Development Initia- Miccosukee Tribe Reservation to address sig- Description of Request: I have secured tives nificant safety concerns. Two studies con- $142,500 for the development and construc- Legal Name of Requesting Entity: Miami ducted by the Bureau of Indian Affairs con- tion of an Environmental and Ecological Study Military Museum cluded that Snake Road is in serious need of Center. The funding will go towards the devel- Address of Requesting Entity: 1825 Ponce realignment and repair, where from 1997– opment and construction of an Environmental de Leon Boulevard, Coral Gables, FL 33134 2000 70 accidents occurred resulting in 6 and Ecological Study Center at Miami-Dade Description of Request: I have secured deaths. The project would fund the alternative College. The facility will be a dynamic edu- $118,750 for the relocation, restoration and re- selected by the Florida Department of Trans- cation resource center and environmental habilitation of a historic military structure called portation following a PD&E Study which has showcase consisting of a single family the Miami Military Museum. The funding will the least environmental impact and is the most ‘‘house’’ where students and visitors can see be used to relocate, restore and rehabilitate cost effective. Total cost of the project is ecologically sound best practices. It will have the historic structure into a military museum, $1,079,600. It is my understanding that the the external appearance of a south Florida veterans memorial and education center. The Tribe will provide the remaining funding nec- home and will have flexible meeting areas for structure served as a control base and head- essary for the project to be completed as a workshops, conferences, demonstration areas quarters for the blimps that protected the local match. and office space. The Center will model envi- South Florida coastline and Caribbean during Requesting Member: Representative MARIO ronmentally sustainable construction design World War II, an intelligence base during the DIAZ-BALART (FL–25) and will provide local residents, consumers, Cold War and the Cuban Missile Crisis, an Bill Number: H.R. 1105, FY2009 Omnibus designers, builders, environmentalists and oth- Army Reserve Center, and a Marine Corps Appropriations Act ers with a single source for integrated and Reserve Center during Desert Storm. In addi- Account: Department of Transportation, practical ways to make homes greener, safer, tion to serving as a museum, the restored fa- Federal Transit Authority, Capital Investment stronger and smarter. The Center will deliver cility will serve as a research library and class- Grants formal and informal education in support of room space to accommodate school field trips. Legal Name of Requesting Entity: Miami- major national and state environmental prior- It is my understanding that this project is ex- Dade County, FL ities including energy efficiency and conserva- pected to receive $2,000,000 from Miami- Address of Requesting Entity: 111 NW 1ST tion, hurricane and flood protection, water con- Dade County and has previously received St, Suite 1032, Miami, FL 33128 servation and management, asthma, mold and $350,000. Description of Request: I have secured other indoor air hazards and access for the Requesting Member: Representative MARIO $20,000,000 for the Metrorail Orange Line Ex- disabled. It is my understanding that Miami- DIAZ-BALART (FL–25) tension Project, FL. This funding will be used Dade College intends to provide a local match Bill Number: H.R. 1105, FY2009 Omnibus for Phase II and III of the Metrorail Extension of $319,266. Appropriations Act Project, the North Corridor and East-West

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MR8.008 E05MRPT1 wwoods2 on PRODPC68 with REMARKS E574 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2009 Corridor, respectively. Phase II is in the final systemic, even within the country’s anti-cor- destabilizing both internally and externally. planning stage for the construction of a 9.2- ruption agency, and no public office is free Moreover, these are not the qualities that we mile Metrorail extension along NW 27th Ave- from executive interference. Long wait times, expect of the incoming Chair of the OSCE. nue and Phase III is a proposed East-West unwieldy bureaucracy, weak business law, Kazakhstan has made several promises to im- Rapid Transit Corridor that will run some 10– short deadlines, employee discontent and the plement reforms that respect political free- 13 miles East from the Miami Intermodal Cen- absence of explanatory information all breed doms and human rights. To date these re- ter to Florida International University and corruption. Foreign firms have frequently reforms have not been implemented and on points west. Metrorail began service in 1984 ported harassment by the Financial Police in issues such as religious freedoms and free- and currently operates 22.4-miles of rapid the form of unannounced inspections and in- dom of the press, it is arguable that transit line, however the region has experi- timidation. Forbes Asia Magazine reported that Kazakhstan is becoming more restrictive and enced tremendous growth in the last 24 years, AES Corporation, an American company and less tolerant. most of it occurring outside the current system one of the largest power companies in the The United States has sought a mutually boundaries, and is in need of an expanded world faced this type of harassment in June beneficial relationship with Kazakhstan and Metrorail system. This Rail extension will allow 2005. The Forbes article titled ‘‘Thug Cap- provides aid to Kazakhstan in order to en- more options for commuters and visitors as italism,’’ reported that AES was subjected to hance economic growth, democracy, security, well as improve safety on the roadways and Financial Police raids and was forced to pay civil society and attend to humanitarian needs. be more environmentally-friendly. This project up to $200 million in fines before they decided However, it is evident that the current U.S.- was authorized in the Safe, Accountable, they had enough and withdrew from Kazakhstan relationship is compromised by Flexible, Efficient, Transportation Equity Act: A Kazakhstan. Kazakhstan’s record of human rights violations Legacy for Users in 2005. The total cost of Exxon Mobil, which is also in the consortium and lack of immediate and necessary reforms this project is an estimated $1.6 billion. It is with ConocoPhillips, Eni, Total and Royal before ascending to the OSCE Chairmanship. my understanding that the Florida Department Dutch Shell experienced similar problems with The U.S. Department of State has criticized of Transportation will invest $452,700,000 and the Kashagan project. The Kazakh govern- President Nursultan Nazarbayev’s government the Miami-Dade County People’s Transpor- ment has repeatedly used delays and cost for human rights violations. A report from tation Plan will invest an additional overruns to renegotiate its original terms with March 2008 faulted the government for prac- $452,700,000 as the local match for this the consortium, using negotiating tactics simi- tices including ‘‘arbitrary arrest and detention’’, project. lar to those perfected by Russia to extract ‘‘restrictions on freedom of speech, the press, f concessions from foreign energy investors. assembly, and association’’, ‘‘lack of an inde- Both the international investor community pendent judiciary’’, ‘‘severe limits on citizens’ URGING KAZAKHSTAN TO COMPLY and the Kazakh people have every reason to rights to change their government,’’ and more, AND HONOR ITS CONTRACTS be concerned over the Kazakh government’s including abuse of detainees and prisoners. increasingly heavy-handed intrusion into busi- As an influential OSCE member and global HON. EDOLPHUS TOWNS ness activity, especially in the energy sector. leader, the U.S. must now more than ever, OF NEW YORK According to a recent report by ABC News: begin to raise questions regarding IN THE HOUSE OF REPRESENTATIVES ‘‘The U.S. Department of Justice prosecutors Kazakhstan’s human rights record and about have long alleged in court documents filed in Thursday, March 5, 2009 allegations that Kazakhstan has attempted to a case against a U.S. businessman that Presi- kidnap and injure its dissidents. Kidnapping Mr. TOWNS. Madam Speaker, I rise today dent Nazarbayev and his deputies accepted and bodily harm have no place among nation to bring attention to a growing concern facing nearly $80 million in kickback from foreign states and Kazakhstan should be made to an- a U.S. friend and ally in oil-rich Central Asia, companies in exchange for access to swer for any and all violations before it as- Kazakhstan. In light of the heightened concern Kazakhstan’s vast oilfields.’’ sumes the Chairmanship. over the global oil supply shortage, we want to And perhaps the largest concern of all is the f give special recognition to the critical role that precedent set when this, or any, government Kazakhstan plays as a major world-wide sup- is rampant with corrupt practices. Nations and EARMARK DECLARATION plier, and therefore we urge in particular that lives become unglued. Take for instance the the Government of Kazakhstan step up to the assassination attempt on the former head of HON. CHRISTOPHER H. SMITH demands. In so doing, Kazakhstan leaders Kazakhstan’s National Security Service in Vi- OF NEW JERSEY should be very cognizant of the need to com- enna. According to Radio Ekho Moskvy, Alnur IN THE HOUSE OF REPRESENTATIVES ply with the rule and sanctity of its contracts Musayev and his companion were both and do its best to ensure proper appropriation wounded; and simultaneously, that the ex-am- Thursday, March 5, 2009 of profits to its citizens. bassador of Kazakhstan in Austria who is also Mr. SMITH of New Jersey. Madam Speaker, Recently, Transparency International ranked the former son-in-law of the Kazakh President pursuant to the House Republican standards Kazakhstan 150 on its Corruption Perceptions Nursultan Nazarbayev, Rikhat Aliyev, was tar- on earmarks, I am submitting the following in- Index, with the worst country ranked 179. This geted but escaped. These events were offi- formation for publication in the CONGRES- puts Kazakhstan only slightly ahead of Hugo cially confirmed by the spokesman of the Aus- SIONAL RECORD regarding earmarks I received Chavez’s Venezuela. The costs of corruption trian Office of Public Prosecutor, Gerhard as part of HR 1105, the Omnibus Appropria- are exceedingly high—both for the Kazakh Jarosh. Exiled citizens must not become tar- tions Act, 2009: people, international investors and con- gets of their home country. They must be free Requesting Member: Rep. CHRISTOPHER H. sumers—and will surely lead to the corrosion to live their lives and express themselves with- SMITH of that society. out threat of life or limb. Such is a funda- Bill Number: HR 1105 In recent years, Kazakhstan’s economy has mental right and expectation of all democ- Account: U.S. Department of Transportation/ grown tremendously because of its large oil racies and free nations. FHWA/Federal-Aid Highways deposits, and the political elite have been suc- Furthermore, the ex-Chairman of the Na- Legal Name of Requesting Entity: The City cessful in virtually monopolizing the benefits of tional Security Committee of Kazakhstan was of Trenton this boom. But, regrettably, Kazakhstan has sentenced in absentia to 20 years of imprison- Address of Requesting Entity: Trenton City become a centralistic and authoritarian state ment. Rakhat Aliyev was also sentenced in Hall, 319 E. State Street, Trenton, NJ 08608 under the 27 year rule of President Nursultan absentia to 40 years in prison on multiple Description of Request: I have secured Nazarbayev with little leverage for the devel- charges. However, when the Austrian Govern- $188,750 in funding for the city of Trenton to opment and activity of civil society. ment investigated Kazakhstan’s allegations of capitalize on the economic potential generated Kazakhstan’s governmental system lacks money laundering and corruption against by the new $70 million Trenton Train Station the basic features of democracy; elections are Rakhat Aliyev, they found no evidence to sub- rehabilitation project. The City of Trenton has neither free nor fair, there are few independent stantiate such allegations, and thus have re- a redevelopment plan for the area requiring media outlets and what political opposition ex- fused to extradite Mr. Aliyev for fear that he upgrading some critical road, pedestrian, and ists is manipulated, harassed, physically at- will never receive anything resembling a fair other infrastructure. The City of Trenton also tacked or even killed. There is massive cor- trial. plans to fund this project. ruption on a grand scale in this environment of Such activities are all too reminiscent of a Requesting Member: Rep. CHRISTOPHER H. intra-elite allocation of benefits connected to pattern of violence and corruption we have SMITH oil production. Corruption in Kazakhstan is long seen in Russia, and nothing can be more Bill Number: HR 1105

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MR8.008 E05MRPT1 wwoods2 on PRODPC68 with REMARKS March 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E575 Account: U.S. Department of Transportation MEDICAL DEVICE SAFETY ACT OF PERSONAL EXPLANATION Buses and Bus Facilities 2009 Legal Name of Requesting Entity: New Jer- sey Transit HON. DIANE E. WATSON Address of Requesting Entity: New Jersey HON. BRUCE L. BRALEY OF CALIFORNIA Transit, One Penn Plaza, East Newark, NJ OF IOWA IN THE HOUSE OF REPRESENTATIVES 07105 IN THE HOUSE OF REPRESENTATIVES Thursday, March 5, 2009 Description of Request: I have secured $1,021,250 in funding for the Lakewood Town- Thursday, March 5, 2009 Ms. WATSON. Madam Speaker, I was un- ship shuttle service project. This shuttle serv- avoidably absent from the Chamber during the ice would efficiently move people in this grow- Mr. BRALEY of Iowa. Madam Speaker, I evening of Monday, February 23, 2009. As a ing and congested area of Central New Jer- rise in support of the Medical Device Safety result, I was unable to cast my vote on rollcall sey. The funding would be used to purchase Act of 2009. This legislation was introduced No. 73, which occurred on the motion to sus- additional shuttle buses, provide sheltered bus today, and I’m proud to be an original cospon- pend the rules and pass H.R. 44, the Guam stops, establish loading and drop-off zones, sor. World War II Loyalty Recognition Act. Had I provide parking for mass transit vehicles, and The Medical Device Safety Act of 2009 is been present I would have voted ‘‘yea,’’ and parking for private vehicles. needed to ensure that every American patient also ask that the record reflect my strong sup- Requesting Member: Rep. CHRISTOPHER H. has the ability to hold manufacturers of defec- port for the enactment of H.R. 44 and the fact SMITH tive medical devices accountable for injuries that I am an original cosponsor of this bill Bill Number: HR 1105 and deaths caused by unsafe products. It which was reintroduced by our colleague from Guam, Ms. BORDALLO, on January 6, 2009. Account: U.S. Department of Transportation would also prevent these manufacturers from FTA New Starts receiving total immunity from any claims sim- f Legal Name of Requesting Entity: New Jer- ply by virtue of receiving a Food and Drug Ad- ministration device approval. This bill clarifies sey Transit HONORING ELIZABETH the intention of Congress to keep American Address of Requesting Entity: New Jersey LITTLEFIELDS’ SELFLESS ACT patients safe by maintaining complementary Transit, One Penn Plaza, East Newark, NJ 07105 systems to protect consumers through the FDA and American courts. Description of Request: I have secured HON. GABRIELLE GIFFORDS $534,375 in funding for the MOM Line for the The need for this legislation was made evi- OF ARIZONA dent in the Supreme Court’s flawed decision in Design Environmental Impact Study (DEIS) IN THE HOUSE OF REPRESENTATIVES stage. The MOM line would provide Central Riegel v. Medtronic, which completely ignored New Jersey residents with access to Northern Congressional intent regarding the ability of in- Thursday, March 5, 2009 New Jersey and New York City. jured patients to hold medical device manufacturers accountable for their injuries. This bill Ms. GIFFORDS. Madam Speaker, I am Requesting Member: Rep. CHRISTOPHER H. honored today to pay tribute to Elizabeth SMITH will restore Congress’s original intent to allow injured patients to recover from their injuries Littlefield, a hairdresser from Marana, Arizona. Bill Number: HR 1105 Ms. Littlefield has set an inspiring example for caused by manufacturers of defective and all Americans with one selfless act—the dona- Account: U.S. Department of Transportation dangerous medical devices. Bus and Bus Facilities tion of one of her kidneys. It was not to a Legal Name of Requesting Entity: The Arc It’s important for Congress to promptly clar- loved one or longtime friend that Littlefield of Mercer County ify its intent, because these types of issues made this generous donation, but to a cus- continue to come up in courts around the tomer whom she had known only a short time. Address of Requesting Entity: The Arc of country. Last Congress, I was proud to partici- Mercer County, 180 Ewingville Road, Ewing, Ms. Littlefield’s donated kidney went to Dale pate in a hearing in the Committee on Over- NJ 08638 Charnick. Not long after Ms. Charnick became sight and Government Reform which looked a customer of Ms. Littlefield’s salon in 2006, Description of Request: I have secured deeper into these types of issues. The medical both of her kidneys began shutting down. $95,000 in funding for the Arc of Mercer safety experts agree that patient safety is Upon learning of her customer’s plight, County to provide cost effective transportation compromised when we allow the FDA to have Littlefield made the surprise offer that saved services for individuals with disabilities and the final say on device safety. Strong state Ms. Chanick’s life. ‘‘I have two good kidneys,’’ senior citizens in the Mercer County area. This laws are critical to maintaining accountability Ms. Littlefield said. ‘‘You can have one of service is needed to supplement existing for device manufacturers, and allowing the mine.’’ county and state services and provide effi- FDA to pre-empt these state laws is a surefire ciency through coordinated efforts. The Arc is Now, as a result of Ms. Littlefield’s donation, way to place sales over safety and profits over also contributing to this project. Ms. Charnick is on the road to a strong recov- people. ery. Ms. Littlefield’s selfless act reminds us in Requesting Member: Rep. CHRISTOPHER H. a dramatic way what it means to help a per- SMITH The civil justice system and the federal regulatory system were always meant to com- son in need. Bill Number: HR 1105 plement each other. Both are necessary to I also want to commend the extraordinary Account: Housing and Urban Development adequately protect Americans. The FDA sim- medical skills of the well-trained health care Department Economic Development Initiative ply cannot do it alone, and we see examples professionals at Tucson’s University Medical Program of this all the time, from pacemakers to pea- Center for their role in giving Ms. Charnick’s a Legal Name of Requesting Entity: The Spe- nuts. The agency is understaffed and under- new lease on life. cial Children’s Center funded, and I support additional funding to My constituents in Southern Arizona are in- Address of Requesting Entity: The Special help this critical agency. However, making the deed fortunate to have a new team of nation- Children’s Center, Lakewood Township Munic- FDA the ‘‘court of last resort’’ on issues of life ally recognized transplant experts in our com- ipal Building, 231 Third Street, Lakewood, NJ and death is a violation of the Bill of Rights munity. This team includes: abdominal trans- 08701. and ignores over 200 years of Common Law plant chief Dr. Rainer Gruessner; nephrology Description of Request: I have secured precedents. This is just one more reason why chief Dr. Bruce Kaplan, who is also a deputy $142,500 in funding for the Special Children’s Congress must pass the Medical Device Safe- editor of the American Journal of Transplan- Center. The funding would be used to help ty Act of 2009 to restore the balance between tation; vice chief of abdominal transplantation defer the costs of constructing a new building the civil justice system and the federal regu- Dr. John Renz; Dr. Thomas Boyer, who is di- for the Special Children’s Center. The Town- latory system that Congress intended when it rector of the Arizona Liver Institute; and Dr. ship of Lakewood has contributed toward the passed the Medical Device Amendments of Khalid Khan, director of the UA’s Pediatric project and there have been private donations. 1976. Liver and Intestinal Transplantation Program.

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.028 E05MRPT1 wwoods2 on PRODPC68 with REMARKS E576 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2009 A TRIBUTE TO CLINTON M. INTRODUCTION OF DISTRICT OF The Hatch Act Reform is the fourth in the MILLER COLUMBIA HATCH ACT REFORM ‘‘Free and Equal D.C.’’ series of bills that I ACT OF 2009 have introduced to eliminate anti-Home Rule or redundant bills that deprive the city of equal HON. EDOLPHUS TOWNS HON. ELEANOR HOLMES NORTON treatment and recognition as an independent OF THE DISTRICT OF COLUMBIA self-governing jurisdiction. This uncomplicated OF NEW YORK IN THE HOUSE OF REPRESENTATIVES and straightforward bill is not controversial, IN THE HOUSE OF REPRESENTATIVES Thursday, March 5, 2009 has been enacted before by the House and should be passed forthwith. Thursday, March 5, 2009 Ms. NORTON. Madam Speaker, today, I introduce the District of Columbia Hatch Act Re- f Mr. TOWNS. Madam Speaker, I rise today form Act of 2009, to eliminate discriminatory HELPING FAMILIES SAVE THEIR in recognition of Clinton Miller who is a pastor treatment of the District of Columbia, which HOMES ACT OF 2009 at Brown Memorial Baptist Church in the his- alone among U.S. jurisdictions still falls under toric Clinton Hill section of Brooklyn. the federal Hatch Act, as it did before the SPEECH OF Clinton Miller was born in Brooklyn, New Congress made the District an independent ju- HON. BARBARA LEE York. He earned a Bachelor of Arts degree in risdiction that today enacts its own local laws. OF CALIFORNIA History from Southern Connecticut State Uni- This bill would retain federal Hatch Act author- IN THE HOUSE OF REPRESENTATIVES versity. ity concerning prohibited partisan and political activity that applies to every state and locality Thursday, February 26, 2009 Rev. Miller first felt the divine calling of the upon receipt of federal funds or functions, and gospel ministry at the age of 19 but did not The House in Committee of the Whole importantly, would require the District to enact House on the State of the Union had under actively pursue the vocation of ministry until its own local version of the Hatch Act barring he was a seminarian at Yale University. Upon consideration the bill (H.R. 1106 to prevent similar local violations to become effective. mortgage foreclosures and enhance mortgage graduation from divinity school in 1994, Rev. Local Hatch Act violations in the District are credit availability: Miller continued training for the ministry as an rare, but the District needs its own Hatch Act Ms. LEE of California. Mr. Chair, I rise in intern minister at Abyssinian Baptist Church in to fully account and be responsible for local support of H.R. 1106, the Helping Families Harlem under the guidance of Rev. Calvin O. violations, with which only a local, objective Save Their Homes Act of 2009. Butts. Rev. Miller also was also a teacher in body would be familiar. I want to commend Chairman CONYERS, the New York City Public School system for This bill will leave in place the federal Hatch Chairman FRANK and Speaker PELOSI for their four years before entering full time ministry. Act restrictions that apply to other jurisdictions dedication and work in bringing this bill to the Rev. Miller then became the youth minister for on the use of official authority, specifically as floor. Abyssinian Baptist Church. In this capacity it relates to elections; the solicitation, accept- Of course, I would have preferred to vote on Rev. Miller developed several youth programs ance, or receipt of political campaign contribu- the prior, more robust version of this bill, but which have assisted the overall ministry of Ab- tions; the prohibitions on running for public of- nevertheless this is an important step forward yssinian. His experiences with Dr. Butts have fice in partisan elections; and the use of on- that will help keep families in their homes. adequately prepared him for the full time pas- duty time and resources to engage in partisan As we all know the roots of the current eco- campaign activity when federal funds or re- torate in an urban locale. nomic crisis are grounded in the housing mar- sponsibilities are involved. My bill would re- In October of 2000, Rev. Miller was called ket and the greedy lending practices of the move only the federal Hatch Act jurisdiction to pastor Brown Memorial Baptist Church. banks. that applies solely to the District of Columbia Since assuming the pastorate at Brown, Rev. Many of us warned about this impending and would require the District to have its own Miller has applied the functions of traditional housing crisis years ago. As a member of the local Hatch Act, like every other jurisdiction, Financial Services committee for eight years, I ministry to this community of believers. instead of requiring the federal Office of Per- remember expressing my concern about the Through preaching, teaching bible study, sonnel Management (OPM) and its Special housing bubble and the subprime loans that counseling and visitation, he has set a tone Counsel to devote staff time and other re- were fueling it and the consequences to our that will allow Brown Memorial’s vision to be sources on investigation, fact-finding and judg- economy if the bubble popped. realized. He is interested in pursuing causes ment of unfamiliar local matters. that closely affect the community like the need Indeed, OPM has asked for the federal But our warnings fell on deaf ears. for more affordable housing, better youth serv- guidance my bill offers. In recent cases, OPM When we tried to encourage the banks to ices and a living wage for all working New cited an ANC (Advisory Neighborhood Com- participate in voluntary foreclosure prevention Yorkers. missioner) commissioner for violations of the programs to help families in distress, they balked and made every excuse to avoid par- Currently Brown Memorial plans on launch- Hatch Act when he ran for higher office, even ticipating. ing new educational programs, a summer day though ANC commissioners are ‘‘elected offi- Then the economy tanked and they begged camp and a long awaited banquet facility in cials’’ under D.C. law. As a result of the failure to clear up the confusion between local and us for a bail out. the newly built church annex. Rev. Miller has Now millions more families are threatened begun a $7M renovation of Brown Memorial federal jurisdictions, the application of the Hatch Act to ANC commissioners has been with bankruptcy and foreclosure. That’s why Baptist Church’s edifice, a landmarked build- we are taking this step today, to restore some ing. It is Pastor Miller’s vision to stabilize the selectively enforced by OPM. For example, OPM recently filed cases charging Hatch Act equity to our bankruptcy laws to allow judicial ministry of Brown Memorial by demonstrating modifications of mortgages on primary resi- consistent Christian service, strong financial violations against an ANC commissioner running for the D.C. Council but did not file when dences and to help keep families in their administration and sound preaching. Rev. Mil- homes. ler combines community service with personal several members of the current D.C. City Council ran for the D.C. Council from positions I applaud the improvements to the Hope for faith in his ministry to help bring people closer Homeowners program that are also included in their relationship with God. The mission of as ANC commissioners. The present law results in possible violations of the federal Hatch in this legislation. We had to address the low his ministry at Brown Memorial is to introduce rate of participation in this voluntary program the Salvation of Jesus Christ to individuals Act while leaving OPM with local responsibility that does not implicate its federal jurisdiction. and I know that the improvements included through dynamic worship, relevant Christian The House recognized that the present fed- here will provide many more homeowners with education, responsible stewardship, inclusive eral Hatch Act jurisdiction over the District was a way to work out new, affordable mortgages fellowship and impacting evangelism. inappropriate and obsolete and removed this and to continue making their mortgage pay- He was ordained by the American Baptist federal responsibility several years ago, but ments. Churches and the United Missionary Baptist the Senate failed to act. The District should Passing this bill will be an important step in Association of Greater New York. Rev. Miller bear this local responsibility. My bill will elimi- stabilizing the housing markets because not is awaiting and pursuing the opportunity to nate the double indignity of placing a local only will we help families protect their homes achieve a doctorate degree in Ethics. He at- burden on the federal government and depriv- and their assets during this economic crisis, tempts to build his ministry around Christian ing the District of a responsibility, which only we will strengthen our entire banking system concepts of fairness, justice and the develop- local jurisdictions familiar with local laws can by making permanent the increase in the ment of genuine Christian community. be expected to handle responsibly. FDIC insurance limits to $250,000. This will

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MR8.010 E05MRPT1 wwoods2 on PRODPC68 with REMARKS March 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E577 protect the savings of every American and will default, to refinance their mortgages at around approaches the problem from many angles at increase confidence in the banking systems the current market rate, or modify their loans. once, but is measured in its application. The both here and abroad. H.R. 1106 is an important step in moving for- bill would help millions of homeowners stay in Mr. Chair, I urge my colleagues to support ward with that plan. We must act now. The their homes, by including incentives to encour- passage of H.R. 1106. American people deserve no less than our full age lenders to negotiate affordable mortgages f commitment to helping them through these for homeowners whose mortgages are under troubled times. water, who are at risk of foreclosure, and who HELPING FAMILIES SAVE THEIR I urge my colleagues to support this legisla- are facing bankruptcy. For example, it would HOMES ACT OF 2009 tion. modify the Hope for Homeowners program by reducing the fees that discouraged lenders SPEECH OF f from voluntarily participating in that program HON. CAROLYN B. MALONEY HELPING FAMILIES SAVE THEIR last year, and by providing for a $1,000 incen- HOMES ACT OF 2009 OF NEW YORK tive payment to servicers for each successful IN THE HOUSE OF REPRESENTATIVES refinancing of an existing loan. SPEECH OF The bill also provides special protections for Thursday, February 26, 2009 HON. RUSH D. HOLT veterans, by allowing the Department of Vet- The House in Committee of the Whole OF NEW JERSEY erans Affairs, the Federal Housing Administra- House on the State of the Union had under IN THE HOUSE OF REPRESENTATIVES tion (FHA), and U.S. Department of Agriculture consideration the bill (H.R. 1106) to prevent to guarantee and/or insure mortgage loans mortgage foreclosure and enhance mortgage Thursday, February 26, 2009 that have been administratively or judicially credit availability: The House in Committee of the Whole modified. Therefore the bill would provide ad- Mrs. MALONEY. Mr. Chair, I rise today in House on the State of the Union had under ditional financial incentives for lenders to vol- strong support of H.R. 1106, the ‘‘Helping consideration the bll (H.R. 1106) to prevent untarily modify mortgage loans instead of fore- Families Save Their Homes Act.’’ This legisla- mortgage foreclosures and enhance mortgage closing. The bill also would expand the FHA’s credit availability: tion is needed now more than ever, and I want mortgage loan modification abilities by allow- to commend Chairman FRANK, Chairman CON- Mr. HOLT. Mr. Chair, I rise today in support ing a reduction of interest payments of up to YERS, and the Leadership for working together of the Helping Families Save Their Homes Act 30 percent of the outstanding loan balance. to bring this bill to the Floor. of 2009 (H.R. 1106), and to commend Chair- Most importantly, the bill would pay for ad- It is important to remember that behind the man FRANK, Chairman CONYERS, and the Fi- justments to existing programs by tapping into economic and housing statistics are real peo- nancial Services and Judiciary Committees for $2.316 billion in already-authorized funding ple—the hard-working Americans and their their leadership and hard work on this meas- under the Troubled Assets Relief Program en- families who are facing difficulties paying their ure. I urge my colleagues to support it. acted last year. Therefore, to be clear—this is bills every day. H.R. 1106 contains several No doubt, the experience of my colleagues not a ‘‘new bailout.’’ This bill gives back to tax- key provisions to ensure that homeowners will is the same at when the economy spiraled out payers more than 2 billion taxpayer dollars have more options available to them to stay in of control last year, my constituents did not that previously had been allocated to Wall their homes. call me and write me and come to my Town Street by previously-enacted legislation. The bill before us would make necessary Hall meetings saying ‘‘please give my hard- In addition to incentivizing lenders to modify improvements to the Hope for Homeowners earned taxpayer dollars to Wall Street. Wall mortgages to keep families in their homes, the program including reducing current fees that Street is really hurting, and I want to do my bill would give homeowners an important new have discouraged lenders from voluntarily par- part to help.’’ No, they came to me saying ‘‘I tool to fend for themselves: judicial modifica- ticipating and offering a $1,000 incentive pay- am in trouble. I played by the rules. I did ev- tion of primary home loans. By allowing bank- ment to servicers for each successful refi- erything right, but my life is falling apart, and ruptcy judges to modify the terms of the home nance of existing loans. H.R. 1106 will ensure my home is about to be taken away. Please mortgages at the core of the economic crisis— that predatory lenders, who bear some of the help me.’’ We responded a few weeks ago by the mortgages already issued prior to enact- responsibility for today’s housing situation, will enacting the American Recovery and Rein- ment of this bill under terms, conditions and not be approved as lenders under FHA pro- vestment Act to help stimulate the economy circumstances that forced so many of them grams. The legislation also provides a safe and get people back to work while providing into foreclosure or the brink of failure—we harbor from liability to mortgage servicers who for the essential services people need to get help our constituents remain in their homes engage in certain loan modifications, and it by. Today, we are taking another very impor- under revised payment plans they can afford. makes permanent an increase, from $100,000 tant step by responding to the foreclosure cri- This important protection also does not cost to $250,000, in the amount of bank or credit sis that is at the root of the recession. taxpayers anything, but it could reduce fore- union deposits insured by Federal banks and The foreclosure crisis is a vicious cycle. Due closures by 20 percent. credit union regulators. H.R. 1106 establishes to plummeting home values in recent years, The mere fact that homeowners have judi- a 5-year restoration plan for the National an estimated 14 million homeowners owe cial modification of primary home mortgages Credit Union Administration (NCUA) which is more on their homes than their homes are available as an option, which is already avail- currently required to restore the equity ratio of worth; their mortgages are ‘‘under water’’. For able for vacation home loans and other con- the Share Insurance Fund within one year. a variety of reasons, including predatory lend- sumer loans, will further encourage lenders to I think most of us agree that bankruptcy ing abuses, exploding adjustable rate mort- modify mortgages before borrowers file for should be the option of last resort. However, gage payments, and increasing job losses, bankruptcy. In addition, as it would be further for those homeowners facing bankruptcy, H.R. homeowners all over the country have tried to fine-tuned by the Conyers amendment, the bill 1106 will allow bankruptcy judges to reduce refinance their mortgages into lower rates just would apply a ‘‘good faith’’ test to deny bank- the principal, extend the repayment period, or to make ends meet. But the decreased values ruptcy modification relief to individuals who authorize the reduction of an exorbitant inter- of their homes made that impossible. Unable can afford to repay their mortgages without it, est rate to a level that helps make a mortgage to afford their current mortgage payments, un- and extend the negotiation period requiring the more affordable. I am glad that we have been able to refinance them, and unable to sell the debtor to certify that he or she contacted the able to make changes to this legislation that homes due to the depressed housing market, lender and sought to reach agreement on a will enable homeowners to stay in their many face foreclosure. According to the trade qualified loan modification. As perfected, the homes, while at the same time providing research organization RealtyTrac, lenders amendment would also allow a court to con- greater certainty to lenders and to the sec- made foreclosure filings on 2.3 million prop- sider, in lieu of reducing principal in a modi- ondary market. erties last year alone. Each foreclosed home fication, reducing the interest rate to lower the I am hopeful that this bill will help to stem reduces nearby property values by as much borrower’s monthly payment; enhance the the tide of foreclosures and ensure that our as 9 percent, sending those surrounding ‘‘good faith’’ test restricting the use of judicial neighborhoods do not experience a cascade homes down the path towards being under modification to reduce principal by requiring of increased vacant lots and decreased prop- water. And the cycle continues. Congress courts to determine whether a lender offered erty values. must act, must act now, and must act with to modify the loan and whether the debtor The President has proposed a plan to help force and determination. could afford the offered modification; and in- make it easier for homeowners, including The Helping Families Save Their Homes Act crease the proportion of appreciation on a those who are still in repayment but at risk for attacks the foreclosure crisis aggressively, and home that a lender could recoup in a sale

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.033 E05MRPT1 wwoods2 on PRODPC68 with REMARKS E578 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2009 within five years after the modification. The bill Bush Administration to help more Americans students, leaving the important job of moni- already includes a provision protecting mort- refinance. The Congressional Budget Office toring the child’s emotional and mental gage servicers from lawsuits by investors who projected the program would let 400,000 trou- wellbeing to the teacher. When teachers are may be unhappy with the mortgage modifica- bled homeowners swap risky loans for con- left to address these issues on their own, they tions. ventional 30-year fixed rate loans with lower have less time to deliver quality instruction Some have expressed the concern that this rates. and raise student achievement. It is not sur- bankruptcy option will increase the cost of bor- But, because of flaws in the program, and prising then, that low-income schools experi- rowing for other homeowners. Compared to despite the tremendous resources the govern- ence high teacher turnover and frequent com- the alternative of foreclosure, however, judicial ment is making available to banks, none of the plaints of inadequate support. In fact, in our modification should maximize, rather than de- major mortgage lenders have been willing to urban, public schools in 2003–04, 30.2 per- crease, the value of troubled mortgages for make the new mortgages required to refinance cent of teachers reported student acts of dis- the lender. According to economist Mark distressed properties. To date, only 25 loans respect for teachers on at least a weekly basis Zandi, ‘‘[g]iven that the total cost of fore- have been renegotiated nationwide. and 18.5 percent reported student verbal closure to lenders is much greater than that So we gather here today to make the abuse of teachers on at least a weekly basis. associated with a Chapter 13 bankruptcy, changes necessary so that more homeowners To address these social and behavior there is no reason to believe that the cost of can take advantage of this important program. issues, students require the attention of school mortgage credit across all mortgage loan The bill makes two important changes: It re- counselors, school social workers and school products should rise.’’ In addition, because the duces the fees and administrative burdens to psychologists. bankruptcy modification right only applies to loan underwriters by making the requirements For these reasons, along with Congress- mortgages issued before enactment of the bill, associated with refinances more consistent woman LINDA SA´NCHEZ and Congressman home mortgages issued in the future will be with standard FHA practices. Also, the bill per- JARED POLIS, I am reintroducing the Increased viewed as more stable, reliable and predict- mits the Hope for Homeowners Program to Student Achievement through Increased Stu- able than loans that can be modified in bank- pay lenders up to $1,000 to refinance each dent Support Act. This legislation will create ruptcy, and capital should again in the future mortgage, and provides a safe harbor from li- funding to form partnerships between higher readily flow to the home mortgage industry as ability to mortgage servicers who engage in education institutions that train school coun- it did in the past. loan modifications, workouts or other loss miti- selors, school social workers and school psy- The bill also recognizes that unchecked gation. chologists and qualified low-income schools, predatory lending activity was one of the root To pay for these important changes, the bill placing these student support professionals causes of the crisis we face today and attacks is offset by a $2.316 billion reduction in the where they are needed most. that problem directly in several ways. For ex- $700 billion Troubled Asset Relief Program. I urge my colleagues to support the ‘‘In- ample, it requires the Department of Housing For those homeowners facing bankruptcy, creased Student Achievement through In- and Urban Development (HUD) to approve all the bill permits judges to reduce the principal, creased Student Support Act’’ to ensure qual- parties participating in the FHA single family interest rates, and fees owed on mortgages ity education for our children nationwide. mortgage origination process, allows HUD to for primary residences. This is the same op- f impose a civil money penalty against loan tion already available for owners of yachts and HELPING FAMILIES SAVE THEIR originators which are not HUD-approved but vacation homes. The measure allows courts to HOMES ACT OF 2009 participate in FHA mortgage originations, and reduce the principal on such mortgages to the establishes other rigorous conditions on eligi- current market value of the home, from the SPEECH OF bility for would-be participants in the program. higher amount specified in the original mort- Finally, it makes permanent an increase, gage. This provision should encourage banks HON. PATRICK J. KENNEDY from $100,000 to $250,000, in the amount of to work with homeowners upfront and to ex- OF RHODE ISLAND bank or credit union deposits insured by Fed- haust every option so as to avoid having to IN THE HOUSE OF REPRESENTATIVES eral banks and credit union regulators, and in- settle the issue before a judge. Thursday, February 26, 2009 creases these regulators’ authority to obtain I encourage my colleagues to join me in The House in Committee of the Whole additional liquidity from the US Treasury. It is support of the Helping Families Save Their House on the State of the Union had under an aggressive and comprehensive, but Homes Act. By helping struggling home- consideration the bill (H.R. 1106) to prevent thoughtful and measured bill. It puts taxpayers owners, we are helping reduce the number of mortgage foreclosures and enhance mortgage first, and most of it costs nothing or is already foreclosed homes in our communities which credit availability: paid for by taking taxpayer funds that had should help stabilize home prices and Mr. KENNEDY. Mr. Chair, I rise in support been allocated to Wall Street and returning strengthen our economy. of the Helping Families Save Their Homes Act them to Main Street. I urge my colleagues to f and in support of President Obama’s Home- support it. owner Affordability and Stability Plan. f INCREASED STUDENT ACHIEVE- We simply cannot overstate the effect that MENT THROUGH INCREASED the housing crisis has had on our economy. HELPING FAMILIES SAVE THEIR STUDENT SUPPORT ACT Foreclosures continue to decimate both our fi- HOMES ACT OF 2009 nancial system and the neighborhoods that we SPEECH OF HON. EDOLPHUS TOWNS call home. In Rhode Island, we are suffering OF NEW YORK from the highest foreclosure rate in New Eng- HON. CHRIS VAN HOLLEN IN THE HOUSE OF REPRESENTATIVES land and housing prices have dropped 25 per- OF MARYLAND cent in the last year. IN THE HOUSE OF REPRESENTATIVES Thursday, March 5, 2009 President Obama’s plan is a welcome rec- Thursday, February 26, 2009 Mr. TOWNS. Madam Speaker, I rise in sup- ognition that we cannot begin to resolve our The House in Committee of the Whole port of the ‘‘Increased Student Achievement economic crisis without first stemming the tide House on the State of the Union had under through Increased Student Support Act,’’ of foreclosures. Under his leadership, the consideration the bill (H.R. 1106) to prevent which Congresswoman LINDA SA´NCHEZ, Con- Homeowner Affordability and Stability Plan will mortgage foreclosures and enhance mortgage gressman POLIS and I proudly reintroduced help up to 7 to 9 million American families re- credit availability: today. This bill will increase the number and structure their mortgages to avoid foreclosure. Mr. VAN HOLLEN. Mr. Chair, I rise today in availability of school counselors, school social This plan will help responsible homeowners in support of the Helping Families Save Their workers, and school psychologists in qualified danger as well as our neighbors, our banks Homes Act. urban and rural low-income districts. and our local economies. For example, this This important bill will help more Americans More and more we are finding that schools initiative will save the average homeowner stay in their homes by addressing a major flaw in underserved communities suffer dispropor- from price declines of as much as $6,000 in in the Hope for Homeowners Program and by tionately from a lack of support services, with the value of their home. extending to single residence homeowners an many schools sharing only one social worker, It is long past time for a President who rec- option currently only available to owners of school psychologist, or school counselor with ognizes that bold action is needed to curb the second and third homes. neighboring schools. With this poor ratio of foreclosure crisis. Bankruptcy judges must be The Hope for Homeowners program was personnel to students, it is difficult to effec- given the power to adjust mortgages on pri- established in October of last year by the tively and adequately address the needs of mary residences. The language in the bill we

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.035 E05MRPT1 wwoods2 on PRODPC68 with REMARKS March 5, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E579 are debating today is very similar to legislation nancial Services Committee has never held a and improve the economy, H.R. 1106 is the I cosponsored earlier this Congress and I ap- hearing on the impact of ‘‘cram down.’’ My wrong prescription. plaud President Obama for his leadership on amendment to the Committee’s Oversight We can do better. We can craft solutions this issue. Plan, accepted unanimously on February 11, that give troubled home-owners a ‘‘time out’’ Yet, there are some banks that claim this directed the Committee to investigate the po- and help them catch up on payments without legislation will make homeowners choose tential impacts of ‘‘cram down’’ legislation in- burdening taxpayers, overturning a bedrock bankruptcy over working out their mortgages. cluding its effects on the cost of mortgages, provision of our bankruptcy code that has ben- These are the same banks that have flatly re- the taxpayers and the secondary market for efited 90 percent of Americans who do not fused to help work out those mortgages over mortgages. have troubled mortgages. If this bill becomes the last year. These concerns have been di- Despite a dismal performance record, this law, new responsible homeowners will be rectly addressed. To make sure nobody bill throws more money at the Hope for Home- forced to make higher mortgage payments abuses the courts, this legislation will require owners (H4H) program, which I am informed each and every month for 30 years. That is a all homeowners seeking bankruptcy protection has helped a mere 43 borrowers. The Con- significant ‘‘tax’’ on responsible middle class to certify that they first attempted to modify gressional Budget Office estimates that ex- families. Forcing responsible Americans to their mortgage with the banks. panding this program will help no more than subsidize bad decisions by others may not Every time we try to reform our financial 25,000 borrowers at a cost of $23,000 each. meet the technical definition of a tax increase, system, we are told by industry and skeptic We also know that the changes the bill makes but I believe whenever you take money out of alike that consumer protections like those in to H4H will weaken important taxpayer safe- one person’s pocket and give it to someone the Homeowner Affordability and Stability Plan guards, leaving taxpayers to foot the bill di- else it is a tax. might ‘‘destabilize’’ the market. Our govern- rectly for additional defaults. f A significant concern I have with H.R. 1106 ment accepted that advice for much of the last HELPING FAMILIES SAVE THEIR is the cram-down provision. The ‘‘cram down’’ decade and it landed us in an economic crisis. HOMES ACT OF 2009 The great people of Rhode Island have provision would allow bankruptcy judges to watched their home equity plummet because change the terms of a mortgage loan for a pri- SPEECH OF of reckless behavior on Wall Street. Frankly, mary residence, overturning a century of bank- HON. STENY H. HOYER that is the kind of destabilization I am worried ruptcy code and practice. Proponents of ‘‘cram down’’ are quick to argue that bankruptcy OF MARYLAND about. IN THE HOUSE OF REPRESENTATIVES It is true that this legislation will make a judges should have the authority to help ev- number of important revisions to the Hope for eryone stay in their homes. Anyone with com- Thursday, February 26, 2009 Homeowners Program. However, the real mon sense knows that higher risk or greater The House in Committee of the Whole problem with Hope for Homeowners was that uncertainty will raise interest rates. Opening House on the State of the Union had under the lending industry never had any interest in the possibility of ‘‘cram down’’ across the consideration the bill (H.R. 1106) to prevent board for all primary residences adds uncer- mortgage foreclosures and enhance mortgage participating. Until homeowners have some credit availability: bargaining power and the lending industry un- tainty in the market and it will lead to higher Mr. HOYER. Mr. Chair, It can be easy to derstands that these loans must be reworked, interest rates across the board for all home buyers. Everyone, including responsible buy- think that a neighbor’s home troubles are no there will be no real progress. Currently, bank- concern of ours. If we can still pay our mort- ruptcy judges can change the terms of loans ers, will be forced to foot the bill for speculators and those who make poor purchasing gages, it’s easy enough to shut our doors on for automobiles, stores, vacation homes and their problems. factories but not primary mortgages. It’s time decisions as the costs of those decisions are spread across all borrowers. For more than But the world doesn’t work like that. Our we let them do something much more impor- prosperity is bound to theirs, in good times 100 years primary residences have been ex- tant: help Americans to keep their houses. and bad. A single foreclosed home can threat- empted from ‘‘cram down’’ bankruptcy pro- This plan will empower homeowners and en a neighborhood; a neighborhood of fore- ceedings precisely to help keep mortgage in- give lenders the incentive they need to save closed homes can help bring down the econ- terest rates lower and homes more affordable. millions of mortgages from foreclosure. I look omy of a city; and a nation full of foreclosures forward to continuing to work with my col- At a February 11 House Financial Services can expect economic turmoil, and frozen cred- leagues in Congress and with President Committee hearing, I asked the nation’s lead- it, and layoffs, and decreasing demand, and Obama to tackle the housing crisis and restore ing lenders what would happen if Congress more layoffs. That is where we are today: a America’s economy. passed ‘‘cram down.’’ Their response was nation with 14 million families’ mortgages un- f overwhelmingly clear: allowing bankruptcy derwater, and counting; a nation in which fore- judges to ‘‘cram down’’ mortgages would in- closed homes can drive down the value of HELPING FAMILIES SAVE THEIR crease the cost of all mortgages and add an their neighbors’ property by nearly 10 percent. HOMES ACT OF 2009 incentive for more people to declare bank- That’s why this bill is so necessary. The ruptcy. Helping Families Save Their Homes Act puts SPEECH OF The adverse effects of this legislation will into law some of the most important provisions HON. BILL POSEY extend beyond the small percentage of people of President Obama’s homeowner stability it is intended to help. The increased risk in the OF FLORIDA plan. It makes it easier for lenders to renego- housing market, and increased interest rates, IN THE HOUSE OF REPRESENTATIVES tiate mortgages for families who are under- will result in much larger down payments and water, close to foreclosure, or nearing bank- Thursday, February 26, 2009 cost first-time buyers and lower and middle- ruptcy. And for families that are driven into The House in Committee of the Whole class families tens of thousands of dollars. bankruptcy by their home payments, this bill House on the State of the Union had under The Mortgage Bankers Association predicts allows bankruptcy judges to modify the terms consideration the bill (H.R. 1106) to prevent that ‘‘cram down’’ would increase interest of their loans—a step that is free for taxpayers mortgage foreclosures and enhance mortgage rates from six percent to eight percent on a and could reduce foreclosures by 20 percent. credit availability: 30-year, fixed rate mortgage. For a $300,000 Today, investors can restructure debt on their Mr. POSEY. Mr. Chair, H.R. 1106 is a com- loan for example, this would cost the borrower vacation homes; real estate speculators can bination of several free-standing bills, all of nearly $5000 per year and over $144,000 for do it for their property; corporations can do it which touch on financial services and which the life of the loan. H.R. 1106 will encourage for their private planes; and you can even do are intended to address the mortgage situa- more homeowners to file bankruptcy as some it if you own a boat. It is only fair that average tion. While I support some aspects of H.R. homeowners, currently on the margin of bank- Americans have the same right for the homes 1106, such as updates to the Federal Credit ruptcy but still making payments, could take they live and raise their families in. Union Act and a servicer safe harbor for loan advantage of ‘‘cram down’’ bankruptcy as op- I also want to make very clear that this bill modifications, the bill goes far beyond this by posed to seeking a loan modification with their is not designed for those who bought bigger expanding the failed Hope for Homeowners lender. Is encouraging bankruptcies really a houses than they knew they could afford. It is program and allowing judicial ‘‘cram downs’’ in solution to our problems? For many filers it made for those who acted responsibly but bankruptcy cases. ‘‘Cram down’’ will signifi- would only delay the pain of foreclosure. Just need this breathing room because of cir- cantly raise the cost of mortgages for all bor- one-third of Chapter 13 filers actually complete cumstances they could not control—cir- rowers by enabling bankruptcy judges to re- the process, which is itself costly and time- cumstances like unemployment or the nation- write the terms of mortgages. The House Fi- consuming. If our goal is to unfreeze credit wide decline in home values.

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.038 E05MRPT1 wwoods2 on PRODPC68 with REMARKS E580 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2009 Maybe someone listening in this chamber, vide more incentives for servicers to refinance projects in those transportation plans to be or watching on TV, knows what it’s like to lose mortgage loans and reduce fees for partici- distributed to states and localities based on a home. You know, in a way that I do not, just pating in the program. Finally, by permanently the expected reductions in greenhouse gas how wrenching it is to be forced to box up increasing federally insured deposits from emissions in each plan. States and cities with your things and turn over your key. $100,000 to $250,000 we will help restore more ambitious plans would receive greater But this bill is not just about you—it is about confidence in our financial system. funding. all of us. As President Obama said this month, This recovery will require a number of steps As we move forward to address climate ‘‘In the end, all of us are paying a price for this and this legislation is the next step in getting change, I hope my colleagues will work with home mortgage crisis. And all of us will pay America back on track. I again want to ex- me to align our transportation and climate pol- an even steeper price if we allow this crisis to press my support for this bill and urge my col- icy goals. By doing this, we can reduce our deepen.’’ The effects go far deeper than one leagues to vote for its passage. carbon footprint, improve our communities, family and one now-vacant house. They go to f save Americans money, and create a trans- the health of an entire economy—to the jobs portation system for the 21st century. and livelihoods of people on the other side of INTRODUCTION OF ‘‘CLEAN TEA’’ the continent. They go to a crisis that will not f end until this mortgage mess is cleaned up. HON. EARL BLUMENAUER FEDERAL LIVING WAGE So for all of our sakes, we need to pass this OF OREGON bill and begin putting President Obama’s plan RESPONSIBILITY ACT OF 2009 IN THE HOUSE OF REPRESENTATIVES into effect. f Thursday, March 5, 2009 HON. LUIS V. GUTIERREZ Mr. BLUMENAUER. Madam Speaker, today OF ILLINOIS HELPING FAMILIES SAVE THEIR I am pleased to introduce ‘‘CLEAN TEA,’’ the HOMES ACT OF 2009 IN THE HOUSE OF REPRESENTATIVES Clean Low-Emissions Affordable New Trans- Thursday, March 5, 2009 SPEECH OF portation Equity Act, with my colleagues ELLEN TAUSCHER and STEVEN LATOURETT. This legis- Mr. GUTIERREZ. Madam Speaker. I rise HON. JOHN B. LARSON lation recognizes that the United States cannot today to announce the introduction of my bill, OF CONNECTICUT meet its climate change goals without ad- the Federal Living Wage Responsibility Act of IN THE HOUSE OF REPRESENTATIVES dressing emissions from the transportation 2009, legislation to mandate a livable wage for Thursday, February 26, 2009 sector. Transportation is responsible for about employees under Federal contracts and subcontracts. The House in Committee of the Whole one-third of greenhouse gas emissions; pas- House on the State of the Union had under senger automobiles and light trucks alone con- The Economic Policy Institute estimates consideration the bill (H.R. 1106) to prevent tribute 21 percent. The transportation sector that, in fiscal year 2006, ‘‘over 406,000 federal mortgage foreclosures and enhance mortgage must be responsible for a proportionate contract workers earned less than $9.91/hr,’’ credit availability: amount of the solution. the poverty threshold for a family of four. It is Mr. LARSON of Connecticut. Mr. Chairman, Since 1980, the number of miles Americans unacceptable that in a time of economic crisis, I rise today to express my support for H.R. drive has grown three times faster than the Congress is not doing all it can to ensure that 1106: Helping Families Save Their Homes Act U.S. population, and almost twice as fast as hardworking Americans have the opportunity of 2009. I want to thank all of the members vehicle registrations. Although new vehicle to keep themselves and their families out of who worked tirelessly on this bill as well as technology and low carbon fuel can substan- poverty. the President for making this a priority in his tially reduce emissions from automobiles and That is why I am re-introducing the Federal plan to help families stay in their homes. light trucks, these gains are likely to be offset Living Wage Responsibility Act of 2009, which Our country is faced with enormous chal- by continuing growth in vehicle miles traveled. requires that employees of federal contracts or lenges and every community has felt the effect It is critical that legislation to reduce green- subcontracts of more that $10,000 are paid of this economic downturn. Digging ourselves house gas emissions also provides people wages in accordance with the Federal poverty out of the hole we have been left will not be with low-carbon transportation options through level for a family of four as determined by the easy and will require difficult choices. community design and transportation alter- Department of Health and Human Services. The housing crisis is not only at the root of natives. Providing consumers with transpor- This legislation also ensures that federal con- the economic crisis we currently face, but con- tation options will also save them money and tract workers receive benefits such as health tinues to be a problem for millions of families provide additional public health, environ- insurance, vacation and holiday pay, disability facing difficulties in paying their mortgages. In mental, economic, and quality of life benefits. insurance, life insurance, and pensions. Connecticut there were over 25,000 fore- CLEAN TEA is predicated on the adoption While Congress took one step in the right closure filings in 2008, which was an increase of a comprehensive climate change bill that direction with the passage of laws such as the of 84 percent over the previous year. Already would generate revenue for the Federal gov- Davis-Bacon Act and the Service Contract Act in January of this year there have been more ernment. Under CLEAN TEA, 10 percent of to help ensure that employees of federal con- than 1,600 foreclosure filings in the state, in- the funding generated through this legislation tractors earn a decent wage, our work is not cluding 387 in Hartford County alone. would be used to create a more efficient trans- done. Thousands of federal contract workers This bill will go a long way to decreasing portation system and lower greenhouse gas still do not earn enough to support their fami- foreclosures and keeping families in their emissions through strategies such as funding lies. These prevailing wage standards fall well houses. It helps provide opportunities for fami- new or expanded transit or passenger rail sup- below what is required for full-time federal lies to refinance or modify their mortgages and porting development around transit stops, and contract workers to sustain a reasonable ensures fairness in our bankruptcy courts for making neighborhoods safer for bikes and pe- standard of living. homeowners who face this option as their last destrians. Madam Speaker, in these times of eco- resort. By allowing bankruptcy judges to mod- In order to be eligible for the funding author- nomic turmoil this Congress must guarantee ify the terms of mortgage loans, we will give ized by this legislation, cities and state depart- that hardworking Americans will be able to homeowners the same opportunity that others ments of transportation would have to review support their families with a livable wage. I ask have to restructure their loans for vacation their transportation plans and determine how my colleagues to join me in supporting this homes. The bill also contains fixes to the they could reduce greenhouse gas emissions. timely and necessary legislation which would Hope for Homeowners program that will pro- The bill then provides federal funding for set a standard for decent wages.

VerDate Nov 24 2008 04:12 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.040 E05MRPT1 wwoods2 on PRODPC68 with REMARKS Thursday, March 5, 2009 Daily Digest Senate By 43 yeas to 51 nays (Vote No. 83), Cochran (for Chamber Action Inhofe) Amendment No. 613, to provide that no Routine Proceedings, pages S2779–S2853 funds may be made available to make any assessed Measures Introduced: Fifteen bills and three reso- contribution or voluntary payment of the United lutions were introduced, as follows: S. 527–541, and States to the United Nations if the United Nations S. Res. 65–67. Pages S2827–28 implements or imposes any taxation on any United States persons. Pages S2789, S2806–07, S2813 Measures Reported: By 41 yeas to 53 nays (Vote No. 85), Cochran (for S. 386, to improve enforcement of mortgage Kyl) Amendment No. 634, to prohibit the expendi- fraud, securities fraud, financial institution fraud, ture of amounts made available under this Act in a and other frauds related to federal assistance and re- contract with any company that has a business pres- lief programs, for the recovery of funds lost to these ence in Iran’s energy sector. frauds, with an amendment in the nature of a sub- Pages S2789, S2807–09, S2814–16 stitute. Page S2827 Withdrawn: Measures Passed: Cochran (for Crapo (and others)) Amendment No. National Asbestos Awareness Week: Committee 638, to strike a provision relating to Federal Trade on the Judiciary was discharged from further consid- Commission authority over home mortgages. eration of S. Res. 57, designating the first week of Pages S2789, S2816–21 April 2009 as ‘‘National Asbestos Awareness Week’’, Pending: and the resolution was then agreed to. Page S2852 Ensign Amendment No. 615, to strike the restrictions on the District of Columbia Opportunity National School Breakfast Program: Senate Scholarship Program. Page S2821 agreed to S. Res. 67, expressing the sense of the Sen- During consideration of this measure today, Senate ate that providing breakfast in schools through the also took the following action: national school breakfast program has a positive im- By 26 yeas to 68 nays (Vote No. 84), three-fifths pact on the lives and classroom performance of low- of those Senators duly chosen and sworn, not having income children. Pages S2852–53 voted in the affirmative, Senate rejected the motion Measures Considered: to waive pursuant to section 302(f) of the Congres- Omnibus Appropriations Act: Senate continued sional Budget Act of 1974, with respect to Thune consideration of H.R. 1105, making omnibus appro- Modified Amendment No. 635, to provide funding priations for the fiscal year ending September 30, for the Emergency Fund for Indian Safety and 2009, taking action on the following amendments Health, with an offset. Subsequently, the point of proposed thereto: Pages S2782–S2821 order that the amendment would provide spending Rejected: in excess of the subcommittee’s 302(b) allocation was By 39 yeas to 55 nays (Vote No. 81), Wicker sustained, and the amendment thus fell. Modified Amendment No. 607, to require that Pages S2789, S2798–S2800, S2807, S2813–14 amounts appropriated for the United Nations Popu- Cloture Motion—Agreement: A unanimous-con- lation Fund are not used by organizations which sent agreement was reached providing that the pre- support coercive abortion or involuntary sterilization. viously scheduled vote on the motion to invoke clo- Pages S2788–89, S2790–95 ture on the bill, be vitiated. Page S2820 By 42 yeas to 52 nays (Vote No. 82), Murkowski Subsequently, the motion to invoke cloture on the Amendment No. 599, to modify a provision relating bill was withdrawn. Page S2821 to the repromulgation of final rules by the Secretary A unanimous-consent agreement was reached proof the Interior and the Secretary of Commerce. viding for further consideration of the bill at 10 Pages S2789, S2800–06, S2809–13 a.m., on Friday, March 6, 2009. Page S2853 D213

VerDate Nov 24 2008 04:46 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MR9.REC D05MRPT1 wwoods2 on PRODPC68 with DIGEST D214 CONGRESSIONAL RECORD — DAILY DIGEST March 5, 2009 Guam World War II Loyalty Recognition Act— Subcommittee on Energy and Water Development: Senators Referral Agreement: A unanimous-consent agree- Dorgan (Chair), Byrd, Murray, Feinstein, Johnson, ment was reached providing that the Committee on Landrieu, Reed, Lautenberg, Harkin, Tester, Ben- Energy and Natural Resources be discharged from nett, Cochran, McConnell, Bond, Hutchison, Shelby, further consideration of H.R. 44, to implement the Alexander, and Voinovich. recommendations of the Guam War Claims Review Subcommittee on Financial Services and General Govern- Commission, and the bill then be referred to the ment: Senators Durbin (Chair), Landrieu, Lautenberg, Committee on the Judiciary. Page S2853 Nelson (NE), Tester, Collins, Bond, and Murkowski. Messages from the House: Page S2827 Subcommittee on Homeland Security: Senators Byrd Measures Placed on the Calendar: (Chair), Inouye, Leahy, Mikulski, Murray, Landrieu, Pages S2779, S2827 Lautenberg, Tester, Voinovich, Cochran, Gregg, Executive Reports of Committees: Page S2827 Specter, Shelby, and Brownback. Additional Cosponsors: Pages S2828–29 Subcommittee on Interior, Environment, and Related Agen- Statements on Introduced Bills/Resolutions: cies: Senators Feinstein, Byrd, Leahy, Dorgan, Mikul- Pages S2829–50 ski, Kohl, Johnson, Reed, Nelson (NE), Tester, Al- exander, Cochran, Bennett, Gregg, Murkowski, Col- Additional Statements: Pages S2826–27 lins, and Voinovich. Amendments Submitted: Pages S2850–51 Subcommittee on Labor, Health and Human Services, Edu- Notices of Hearings/Meetings: Pages S2851–52 cation, and Related Agencies: Senators Harkin (Chair), Authorities for Committees to Meet: Page S2852 Inouye, Kohl, Murray, Landrieu, Durbin, Reed, Pryor, Specter, Cochran, Gregg, Hutchison, Shelby Record Votes: Five record votes were taken today. and Alexander. (Total—85) Pages S2795, S2812–13, S2813, S2814, S2816 Subcommittee on Legislative Branch: Senators Nelson Adjournment: Senate convened at 9:30 a.m. and (NE), Pryor, Tester, and Murkowski. adjourned at 9:18 p.m., until 10 a.m. on Friday, March 6, 2009. (For Senate’s program, see the re- Subcommittee on Military Construction and Veterans’ Af- marks of the Acting Majority Leader in today’s fairs, and Related Agencies: Senators Johnson, Inouye, Record on page S2853.) Landrieu, Byrd, Murray, Reed, Nelson (NE), Pryor, Hutchison, Brownback, McConnell, Collins, Alex- ander, and Murkowski. Committee Meetings Subcommittee on State, Foreign Operations, and Related Programs: Senators Leahy (Chair), Inouye, Harkin, (Committees not listed did not meet) Mikulski, Durbin, Johnson, Landrieu, Lautenberg, Gregg, McConnell, Specter, Bennett, Bond, and BUSINESS MEETING Brownback. Committee on Appropriations: Committee announced Subcommittee on Transportation, Housing and Urban De- the following subcommittee assignments for the velopment, and Related Agencies: Senators Murray 111th Congress: (Chair), Byrd, Mikulski, Kohl, Durbin, Dorgan, Subcommittee on Agriculture, Rural Development, Federal Leahy, Harkin, Feinstein, Johnson, Lautenberg, Drug Administration, and Related Agencies: Senators Bond, Shelby, Specter, Bennett, Hutchison, Kohl (Chair), Harkin, Dorgan, Feinstein, Durbin, Brownback, Alexander, Collins, and Voinovich. Johnson, Nelson (NE), Reed, Pryor, Brownback, Bennett, Cochran, Specter, Bond, McConnell, and AMERICAN INTERNATIONAL GROUP Collins. Committee on Banking, Housing, and Urban Affairs: Subcommittee on Commerce, Justice, Science, and Related Committee concluded a hearing to examine Amer- Agencies: Senators Mikulski (Chair), Inouye, Leahy, ican International Group, focusing on government Kohl, Dorgan, Feinstein, Reed, Lautenberg, Nelson intervention and implications for future regulation, (NE), Pryor, Shelby, Gregg, McConnell, Hutchison, after receiving testimony from Donald L. Kohn, Vice Brownback, Alexander, Voinovich, and Murkowski. Chairman, Board of Governors of the Federal Reserve Subcommittee on Defense: Senators Inouye (Chair), Byrd, System; Scott M. Polakoff, Acting Director, Office of Leahy, Harkin, Dorgan, Durbin, Feinstein, Mikulski, Thrift Supervision, Department of the Treasury; and Kohl, Murray, Cochran, Specter, Bond, McConnell, Eric Dinallo, New York State Insurance Department, Shelby, Gregg, Hutchison, and Bennett. New York.

VerDate Nov 24 2008 04:46 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MR9.REC D05MRPT1 wwoods2 on PRODPC68 with DIGEST March 5, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D215 ENERGY RESEARCH AND DEVELOPMENT 2010 CENSUS Committee on Energy and Natural Resources: Committee Committee on Homeland Security and Governmental Af- concluded an oversight hearing to examine future di- fairs: Subcommittee on Federal Financial Manage- rections of energy research and development and to ment, Government Information, Federal Services, identify key scientific and technological hurdles that and International Security concluded a hearing to ex- must be overcome in order to pursue these new di- amine how the Obama Administration can achieve rections, after receiving testimony from Steven Chu, an accurate and cost-effective 2010 census, after re- Secretary, and George W. Crabtree, Senior Scientist, ceiving testimony from Barbara Everitt Bryant, Associate Division Director and Distinguished Fel- former Director, and Robert B. Hill, former Chair, low, Materials Sciences Division, Argonne National both of the United States Census Bureau; Robert Laboratory, both of the Department of Energy; Goldenkoff, Director, Strategic Issues, and David A. James T. Bartis, RAND Corporation, Arlington, Powner, Director, Information Technology Manage- Virginia; Michael L. Corradini, University of Wis- ment Issues, both of the Government Accountability consin Nuclear Engineering and Engineering Physics Office; Lawrence D. Brown, University of Pennsyl- Program, Madison; and Robert M. Fri, Resources for vania The Wharton School, Pennsylvania; and John the Future, and Deborah L. Wince-Smith, Council Thompson, National Opinion Research Council, Chi- on Competitiveness, both of Washington, D.C. cago, Illinois. U.S. STRATEGY REGARDING IRAN BUSINESS MEETING Committee on Foreign Relations: Committee concluded Committee on the Judiciary: Committee ordered favor- a hearing to examine United States strategy regard- ably reported the following business items: ing Iran, after receiving testimony from Zbigniew S. 386, to improve enforcement of mortgage Brzezinski, Center for Strategic and International fraud, securities fraud, financial institution fraud, Studies, and Lieutenant General Brent Scowcroft, and other frauds related to federal assistance and re- USAF (Ret.), The Scowcroft Group, both of Wash- lief programs, for the recovery of funds lost to these ington, D.C. frauds, with an amendment in the nature of a substitute; RECOVERY AND REINVESTMENT S. 146, to amend the Federal antitrust laws to SPENDING provide expanded coverage and to eliminate exemp- Committee on Homeland Security and Governmental Af- tions from such laws that are contrary to the public fairs: Committee concluded a hearing to examine interest with respect to railroads; transparency and accountability for recovery and re- S. 256, to enhance the ability to combat meth- investment spending, including preserving and cre- amphetamine; and ating jobs and promoting economic recovery, assist- The nominations of Elena Kagan, of Massachu- ing those most impacted by the recession, investing setts, to be Solicitor General of the United States, in transportation, environmental protection, and Thomas John Perrelli, of Virginia, to be Associate other infrastructure to provide long-term economic Attorney General, and David S. Kris, of Maryland, benefits, and stabilizing state and local government to be an Assistant Attorney General, all of the De- budgets, after receiving testimony from Robert partment of Justice. Nabors, Deputy Director, Office of Management and Budget; Gene L. Dodaro, Acting Comptroller Gen- INTELLIGENCE eral of the United States, Government Account- Select Committee on Intelligence: Committee held closed ability Office; and Phyllis K. Fong, Inspector Gen- hearings on intelligence matters, receiving testimony eral, Department of Agriculture. from officials of the intelligence community.

VerDate Nov 24 2008 04:46 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MR9.REC D05MRPT1 wwoods2 on PRODPC68 with DIGEST D216 CONGRESSIONAL RECORD — DAILY DIGEST March 5, 2009 House of Representatives Helping Families Save Their Homes Act of 2009: Chamber Action The House passed H.R. 1106, to prevent mortgage Public Bills and Resolutions Introduced: 53 pub- foreclosures and enhance mortgage credit availability, lic bills, H.R. 1319–1371; 1 private bill, H.R. by a yea-and-nay vote of 234 yeas to 191 nays, Roll 1372; and 8 resolutions, H. Con. Res. 69; and H. No. 104. Consideration of the measure began on Res. 211–217 were introduced. Pages H3052–55 Thursday, February 26th. Pages H2986–95, H2997–H3024 Additional Cosponsors: Pages H3055–56 Rejected the Price (GA) motion to recommit the bill to the Committee on the Judiciary and the Reports Filed: A report was filed today as follows: Committee on Financial Services with instructions to H. Res. 218, waiving a requirement of clause 6(a) of report the same back to the House forthwith with rule XIII with respect to consideration of certain res- an amendment, by a recorded vote of 182 ayes to olutions reported from the Committee on Rules, (H. 242 noes, Roll No. 103. Pages H3021–23 Rept. 111–24). Pursuant to H. Res. 205, amendment number 1 Speaker: Read a letter from the Speaker wherein she printed in H. Rept. 111–21 shall be considered as appointed Representative Pastor to act as Speaker perfected by the modification printed in H. Rept. Pro Tempore for today. Page H2983 111–23. Page H3001 Moment of Silence: The House observed a moment Accepted: of silence in honor of the men and women in uni- Zoe Lofgren amendment (No. 1 printed in H. form who have given their lives in the service of our Rept. 111–21 and modified in H. Rept. 111–23) nation in Iraq and Afghanistan, their families, and that requires courts to use FHA appraisal guidelines all who serve in the armed forces and their families. where the fair market value of a home is in dispute; denies relief to individuals who can afford to repay Page H2995 their mortgages without judicial mortgage modifica- Suspensions—Proceedings Resumed: The House tion; and extends the negotiation period from 15 to agreed to suspend the rules and agree to the fol- 30 days, requiring the debtor to certify that he or lowing measures which were debated on Tuesday, she contacted the lender, provided the lender with March 3rd: income, expense and debt statements, and that there Designating March 2, 2009, as ‘‘Read Across was a process for the borrower and lender to seek to America Day’’: H. Res. 146, to designate March 2, reach agreement on a qualified loan modification (by 2009, as ‘‘Read Across America Day’’, by a 2⁄3 yea- a recorded vote of 263 ayes to 164 noes, Roll No. and-nay vote of 417 yeas with none voting ‘‘nay’’, 100) and Pages H3001–13, H3019 Roll No. 98 and Pages H2995–96 Peters amendment (No. 3 printed in H. Rept. 111–21) that provides that, in the case of a debtor Commending the University of Southern Cali- whose home is in foreclosure, the debtor could meet fornia Trojan football team for its victory in the the pre-filing credit counseling requirement by re- 2009 Rose Bowl: H. Res. 153, to commend the ceiving counseling either before filing or up to 30 University of Southern California Trojan football days after filing (by a recorded vote of 423 ayes to 2 team for its victory in the 2009 Rose Bowl, by a ⁄3 2 noes, Roll No. 102). Pages H3015–17, H3020–21 recorded vote of 362 ayes to 15 noes with 4 voting Rejected: ‘‘present’’, Roll No. 106. Pages H3025–26 Price (GA) amendment (No. 2 printed in H. Suspension—Proceedings Resumed: The House Rept. 111–21) that sought to provide that if a agreed to suspend the rules and agree to the fol- homeowner who has had a mortgage modified in a lowing measure which was debated on Wednesday, bankruptcy proceeding sells the home at a profit, the March 4th: lender can recapture the amount of principal lost in Supporting the goals and ideals of Multiple Scle- the modification (by a recorded vote of 211 ayes to 218 noes, Roll No. 101). Pages H3014–15, H3019 rosis Awareness Week: H. Con. Res. 14, to support the goals and ideals of Multiple Sclerosis Awareness Withdrawn: Titus amendment (No. 4 printed in H. Rept. Week, by a 2⁄3 recorded vote of 416 ayes with none 111–21) that was offered and subsequently with- voting ‘‘nay’’, Roll No. 99. Page H2996 drawn that would have required a servicer that re- Recess: The House recessed at 1:34 p.m. and recon- ceives an incentive payment under the Hope for vened at 4:41 p.m. Page H3018 Homeowners program to notify all mortgagors under

VerDate Nov 24 2008 04:46 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MR9.REC D05MRPT1 wwoods2 on PRODPC68 with DIGEST March 5, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D217 mortgages they service who are ‘‘at-risk home- cies in the Advancement of America’s Diplomatic owners’’, in a form and manner as shall be prescribed and Development Objectives. Testimony was heard by the Secretary, that they may be eligible for the from public witnesses. Hope for Homeowners Program and how to obtain COMBATING PIRACY ON THE HIGH SEAS information regarding the program. Pages H3017–18 H. Res. 205, the rule providing for further con- Committee on Armed Services: Held a hearing on com- sideration of the bill, was agreed to by a yea-and- bating piracy on the high seas. Testimony was heard nay vote of 239 yeas to 181 nays with 1 voting from the following officials of Department of De- ‘‘present’’, Roll No. 97, after agreeing to order the fense: VADM William Gortney, USN, Commander, previous question without objection. Pages H2986–95 U.S. Naval Forces Central Command; and Daniel W. Pike, Principal Director, (Acting) Office of African Privileged Resolution: The House agreed to table Affairs; and Ambassador Stephen Mull, Acting H. Res. 212, raising a question of the privileges of Under Secretary, International Security and Arms the House, by a recorded vote of 222 ayes to 181 Control, Department of State. noes with 14 voting ‘‘present’’, Roll No. 105. Pages H3024–25 CAN DOD TRAVELERS BOOK A TRIP? Senate Message: Message received from the Senate Committee on Armed Services: Subcommittee on Over- today appears on page H2983. sight and Investigations held a hearing on Can DOD Travelers Book A Trip? Defense Travel System Up- Senate Referrals: S. 520 was referred to the Com- date Testimony was heard from the following offi- mittee on Transportation and Infrastructure. cials of the Department of Defense: Pam Mitchell, Page H3052 Director Defense Travel Management Office; and Quorum Calls—Votes: Three yea-and-nay votes David Fisher, Director, Business Transformation and seven recorded votes developed during the pro- Agency; Asif Khan, Director, Financial Management ceedings of today and appear on pages H2994–95, and Assurance, GAO; and a public witness. H2995–96, H2996, H3019, H3019–20, H3020–21, TREASURY DEPARTMENT FISCAL YEAR H3023, H3023–24, H3024–25, H3025–26. There 2010 BUDGET were no quorum calls. Committee on the Budget: Held a hearing on Treasury Adjournment: The House met at 10 a.m. and ad- Department Fiscal Year 2010 Budget. Testimony journed at 10:45 p.m. was heard from Timothy F. Geitner, Secretary of the Treasury. Committee Meetings CONSUMER PROTECTION IN THE USED COMMERCE, JUSTICE, SCIENCE, AND AND SUBPRIME CAR MARKET RELATED AGENCIES APPROPRIATIONS Committee on Energy and Commerce: Subcommittee on Commerce, Trade and Consumer Protection held a hear- Committee on Appropriations: Subcommittee on Com- ing on Consumer Protection in the Used and Subprime merce, Justice, Science, and Related Agencies held a Car Market. Testimony was heard from Eileen Har- hearing on Science Education. Testimony was heard rington, Acting Director, Bureau of Consumer Protection, public witnesses. FTC; James H, Burch, II, Acting Director, Bureau of Jus- The Subcommittee also held a hearing on Where tice Assistance, Department of Justice; and public wit- are We Today: Today’s Assessment of ‘‘The Gath- nesses. ering Storm.’’ Testimony was heard from a public ROLE OF OFFSETS IN CLIMATE witness. LEGISLATION DEFENSE APPROPRIATIONS Committee on Energy and Commerce: Subcommittee on Committee on Appropriations: Subcommittee on Defense Energy and Environment held a hearing on the role held a hearing on Global Mobility. Testimony was of offsets in climate legislation. Testimony was heard heard from GEN Duncan McNabb, Commander, from John Stephenson, Director, Natural Resources Transportation Command; Gen Arthur Lichte, Com- and Environment, GAO; and public witnesses. mander, Air Mobility Command; and MG Randy PERSPECTIVES ON SYSTEMIC RISK Fullhart, Director, Global Reach Programs. Committee on Financial Services: Subcommittee on Cap- STATE, FOREIGN OPERATIONS, AND ital Markets, Insurance and Government Sponsored RELATED AGENCIES APPROPRIATIONS Enterprises held a hearing entitled ‘‘Perspectives on Committee on Appropriations: Subcommittee on State, Systemic Risk,’’ Testimony was heard from Orice Foreign Operations and Related Agencies held a Williams, Director, Financial Markets and Commu- hearing on the Rule of Civilian and Military Agen- nity Investment, GAO; and public witnesses.

VerDate Nov 24 2008 05:06 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MR9.REC D05MRPT1 wwoods2 on PRODPC68 with DIGEST D218 CONGRESSIONAL RECORD — DAILY DIGEST March 5, 2009 ROLE FOR CONGRESS AND THE PRESIDENT WAIVING A REQUIREMENT OF CLAUSE IN WAR 6(A) OF RULE XIII WITH RESPECT TO Committee on Foreign Affairs: Held a hearing on the CONSIDERATION OF CERTAIN Role for Congress and the President in War: The RESOLUTIONS REPORTED FROM THE Recommendations of the National War Powers COMMITTEE ON RULES Commission. Testimony was heard from the fol- Committee on Rules: Granted, by a non-record vote, a lowing former Secretaries of State; Warren M. Chris- rule waiving clause 6(a) of rule XIII (requiring a topher, James A. Baker, III; and Lee Hamilton, also two-thirds vote to consider a rule on the same day former Chairman of the House Committee on For- it is reported from the Rules Committee) against eign Affairs. certain resolutions reported from the Rules Com- PUTTING PEOPLE FIRST—A WAY mittee. The rule applies the waiver to any resolution FORWARD FOR THE HOMELAND SECURITY reported on the legislative day of March 6, 2009, WORKFORCE providing for consideration or disposition of any measure making appropriations for the fiscal year Committee on Homeland Security: Subcommittee on 2009, and for other purposes. Management, Investigations and Oversight held a hearing entitled ‘‘Putting People First: A Way For- COST MANAGEMENT ISSUES IN NASA’S ward for the Homeland Security Workforce.’’ Testi- ACQUISITIONS AND PROGRAMS mony was heard from public witnesses. Committee on Science and Technology: Subcommittee on RULES OF PROCEDURE FOR PRIVATE Space and Aeronautics held a hearing on Cost Man- IMMIGRATION AND CLAIMS BILLS; OTHER agement Issues in NASA’s Acquisitions and Pro- ORGANIZATIONAL MATTERS; APPROVED grams. Testimony was heard from Christopher REQUESTS FOR DEPARTMENTAL REPORTS Scolese, Acting Administrator, NASA; Cristina T. Committee on the Judiciary: Subcommittee on Immi- Chaplain, Director, Acquisition and Sourcing Man- gration, Citizenship, Refugees, Border Security and agement, GAO; and a public witness. International Law, Adopted Rules of Procedure and FAA REAUTHORIZATION ACT; AND THE Statement of Policy for Private Immigration bills; WATER QUALITY INVESTMENT ACT Adopted Rules of Procedure for Private Claims bills; Committee on Transportation and Infrastructure: Ordered Continued the Subcommittee’s Policy on the Grant- reported, as amended, the following bills: H.R. 915, ing Federal Charters; and approved requests to the FAA Reauthorization Act; and 1262, Water Quality Department of Homeland Security, Departmental Investment Act. Reports on the Beneficies of certain private Immi- gration bills; and reported certain private relief bills. BRIEFING—HOT SPOTS UPDATE ENERGY OUTLOOKS—ROLE OF FEDERAL Permanent Select Committee on Intelligence: Sub- ONSHORE AND OFFSHORE RESOURCES committee on Terrorism, Human Intelligence, Anal- Committee on Natural Resources: Subcommittee on En- ysis and Counterintelligence met in executive session ergy and Mineral Resources held an oversight hear- to receive a briefing entitled ‘‘Hot Spots Update.’’ ing entitled ‘‘Energy Outlooks, and the Role of Fed- The Committee was briefed by departmental wit- eral Onshore and Offshore Resources in Meeting Fu- nesses. ture Energy Demand.’’ Howard K. Gruenspecht, Acting Administrator, Energy Information Adminis- Joint Meetings tration, Department of Energy; Brenda Pierce, Pro- VETERANS’ ORGANIZATIONS LEGISLATIVE gram Coordinator, Energy Resources Program, U.S. PRESENTATIONS Geological Survey; and a public witness. Joint Hearing: Committee on Veterans’ Affairs con- STATUS OF THE 2010 CENSUS cluded a joint hearing with the House Committee Committee on Oversight and Government Reform: Sub- on Veterans’ Affairs to examine legislative presen- committee on Information Policy, Census, and Na- tations of certain veterans’ organizations, after receiv- tional Archives held a hearing Status of 2010 Census ing testimony from Norman Jones, Jr., Blinded Vet- Operations. Testimony was heard from Thomas erans Association, Patrick Campbell, Iraq and Af- Mesenbourg, Acting Director, U.S. Census Bureau, ghanistan Veterans of America, Ira Novoselsky, Jew- Department of Commerce; the following officials of ish War Veterans of the United States of America, the GAO: Robert Goldenkoff, Director, Strategic Randy L. Pleva, Sr., Paralyzed Veterans of America, Issues, and David Powner, Director, Information and Dawn Halfaker, Wounded Warrior Project, all Technology; and a public witness. of Washington, D.C.; Charles A. Stenger, American

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Ex-Prisoners of War, Bastrop, Louisiana; and Kath- House ryn A. Witt, Gold Star Wives of America, Inc., Committee on Armed Services, Subcommittee on Military Phoenix, Arizona. Personnel, hearing on Sexual Assault in the Military: Pre- f vention, 10 a.m., 2212 Rayburn. COMMITTEE MEETINGS FOR FRIDAY, Joint Meetings MARCH 6, 2009 Joint Economic Committee: to hold hearings to examine (Committee meetings are open unless otherwise indicated) the employment situation for February 2009, 9:30 a.m., Senate SD–106. No meetings/hearings scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, March 6 9 a.m., Friday, March 6

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: To be announced. of H.R. 1105, Omnibus Appropriations Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hall, John J., N.Y., E565 Pelosi, Nancy, Calif., E559 Holt, Rush D., N.J., E577 Perlmutter, Ed, Colo., E562 Blackburn, Marsha, Tenn., E564 Hoyer, Steny H., Md., E579 Posey, Bill, Fla., E579 Blumenauer, Earl, Ore., E580 Issa, Darrell E., Calif., E565 Putnam, Adam H., Fla., E565 Boyd, Allen, Fla., E565 Jackson-Lee, Sheila, Tex., E561, E566 Rogers, Mike, Ala., E561 Braley, Bruce L., Iowa, E575 Johnson, Timothy V., Ill., E564 Sestak, Joe, Pa., E559 Calvert, Ken, Calif., E564, E568 Kanjorski, Paul E., Pa., E565 Skelton, Ike, Mo., E563 Campbell, John, Calif., E567 Kennedy, Patrick J., R.I., E578 Smith, Christopher H., N.J., E574 Carter, John R., Tex., E559 Klein, Ron, Fla., E561 Tanner, John S., Tenn., E569 Clyburn, James E., S.C., E566 Larson, John B., Conn., E580 Towns, Edolphus, N.Y., E574, E576, E578 Diaz-Balart, Mario, Fla., E571 Lee, Barbara, Calif., E576 Van Hollen, Chris, Md., E565, E578 Dingell, John D., Mich., E562 McCarthy, Kevin, Calif., E560 Watson, Diane E., Calif., E575 Fattah, Chaka, Pa., E560 Maloney, Carolyn B., N.Y., E577 Wilson, Joe, S.C., E568 Gallegly, Elton, Calif., E566 Meek, Kendrick B., Fla., E563, E564 Wittman, Robert J., Va., E562 Giffords, Gabrielle, Ariz., E575 Norton, Eleanor Holmes, D.C., E576 Woolsey, Lynn C., Calif., E569 Gutierrez, Luis V., Ill., E580 Paul, Ron, Tex., E568 Young, C.W. Bill, Fla., E560

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