E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, WEDNESDAY, JANUARY 26, 2011 No. 11 House of Representatives The House met at 10 a.m. and was ANNOUNCEMENT BY THE SPEAKER last night. In it he mentioned the word called to order by the Speaker. The SPEAKER. The Chair will enter- ‘‘jobs’’ 31 times; he used the word ‘‘in- f tain up to five 1-minute speeches from novate’’ 11 times. But he didn’t men- each side. tion the word ‘‘unemployment’’ a sin- PRAYER gle time. f The Chaplain, the Reverend Daniel P. That’s because creating jobs is dif- Coughlin, offered the following prayer: HOPE VS. REALITY ferent than ending unemployment. In Almighty God, Your wisdom is pro- (Mr. POE of Texas asked and was America capitalism and entrepreneur- found beyond our grasp and Your love given permission to address the House ship have created great things and penetrates all You create to reveal for 1 minute and to revise and extend great wealth. To name a few, the auto- Your infinite beauty in everything and his remarks.) mobile, the personal computer, the air- to everyone. Mr. POE of Texas. Mr. Speaker, the plane. It is my hope that the cure for Bless the House of Representatives, President’s speech last night was long cancer will come from an enterprising its Members, and all who work here on hope and short on reality. entrepreneur. serving the people of this Nation. May The administration’s answer to But there is one persistent problem the vision of righteousness, where jus- America’s problems is more invest- that innovation has not solved: unem- tice and peace reign and where truth ments, which is a fancy word for more ployment. As FDR said, ‘‘Necessitous and true patriotism are standard, re- spending and more government con- men are not free men.’’ So I challenge our leading innovators main the constant guide in the daily trol. to help find a way to eliminate unem- labor to enact just laws and clear poli- The administration plans to freeze ployment, since Democrats and Repub- cies. domestic spending, but domestic spend- licans have run out of ideas. Gracious God, in truth we recognize ing is already too high. Since last year Mr. Gates, Mr. Buffett, Mr. that our own insights and powers are the national debt has gone up over $1.7 Zuckerman, Mr. Immelt, Mr. Mulally: not able to right all the wrongs or find trillion. Put your organizational genius, your the paths to peace and reconciliation. Once again, the administration pre- job-creating skills to use so that our So we turn to You, all powerful Lord, sents an incomplete solution to Amer- Nation can be free from the threat of and place our trust in Your faithful- ica’s economic problems: A spending unemployment. But don’t give us ideas ness, now and forever. freeze is not enough to fix the deficits that have been tried before, because Amen. or the debt. We must go one step fur- none of them have eliminated unem- f ther and actually cut massive out-of- ployment. control government spending to get us THE JOURNAL Our task as leaders should be to end out of this spending madness. the scourge of unemployment once and The SPEAKER. The Chair has exam- If we cut spending, then we need to for all so that life, liberty, and the pur- ined the Journal of the last day’s pro- also cut taxes. Putting money back in suit of happiness can really be avail- ceedings and announces to the House the hands of the American people is the able to all Americans. proven way to stimulate the economy. his approval thereof. f Pursuant to clause 1, rule I, the Jour- We must cut both taxes and spending nal stands approved. to reboot the American economy. We IRANIAN CHRISTIANS f need less spending, fewer taxes, and (Mr. PITTS asked and was given per- less government. Congress needs to mission to address the House for 1 PLEDGE OF ALLEGIANCE deal in reality, not hope. minute and to revise and extend his re- The SPEAKER. Will the gentle- And that’s just the way it is. marks.) woman from New York (Ms. SLAUGH- f Mr. PITTS. Mr. Speaker, on an early TER) come forward and lead the House morning last month, over 70 Christians UNEMPLOYMENT in the Pledge of Allegiance. in Iran were suddenly arrested and de- Ms. SLAUGHTER led the Pledge of (Mr. JACKSON of Illinois asked and tained by the Iranian authorities. As Allegiance as follows: was given permission to address the these Iranian Christians were taken to I pledge allegiance to the Flag of the House for 1 minute and to revise and a notorious Tehran prison, one married United States of America, and to the Repub- extend his remarks.) couple was forced to leave a 2-year-old lic for which it stands, one nation under God, Mr. JACKSON of Illinois. Mr. Speak- child behind. Another mother was indivisible, with liberty and justice for all. er, the President gave a great speech taken while breast-feeding her baby.

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 Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JA7.000 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H474 CONGRESSIONAL RECORD — HOUSE January 26, 2011 Eleven were released after hours of Whose problem does it become then? important and that every child learns harsh interrogation. The fate of the Let me guess, America’s problem. differently. others remains unknown. According to I have introduced legislation to stop Across this Nation, we are seeing some reports they are suffering this project. I hope my colleagues from proposals for school choice expansion through sleep deprivation and blind- both sides will join me in this effort to in places like Wisconsin, Florida, Geor- folded interrogations. They are likely protect our coast. gia, Indiana and others. In my home to face charges of proselytizing, a f State of South Carolina, I’m pleased to death penalty offense in Iran. see that legislators in both chambers The peaceful worship of these Chris- TRIBUTE TO JACK LALANNE and on both sides of the aisle have in- tians poses no threat to the Iranian (Mrs. CAPPS asked and was given troduced a bill that would give oppor- Government, and the government’s permission to address the House for 1 tunity to all children in South Caro- persistence in accusing its own popu- minute and to revise and extend her re- lina to attend the school of their lation of being enemies does nothing to marks.) choice. strengthen the regime. Mrs. CAPPS. Mr. Speaker, I rise It is imperative that we empower We stand with these oppressed Chris- today to honor the life of a truly re- parents with the ability to choose the tians and other religious minorities in markable constituent of mine, Mr. best educational experience for their Iran that face constant harassment and Jack LaLanne, who passed away this child, whether it is public, charter, pri- potential prosecution. Most of all, we past Sunday. vate, or home school. call on the Iranian Government to re- Known as the godfather of fitness, May God bless our children, and may lease those prisoners so they can raise Mr. LaLanne opened his health club in God continue to bless the United their families and peacefully practice Oakland in 1936. For over 30 years, he States of America. their faith. starred in ‘‘The Jack LaLanne Show,’’ f Mr. Speaker, why would a govern- encouraging all Americans to eat CONGRESS ON YOUR CORNER ment that claims to be so powerful be healthier and to exercise. afraid or threatened by such a small, Today, as our country faces an epi- (Ms. SPEIER asked and was given peaceful minority? demic of obesity, we know that Jack permission to address the House for 1 f LaLanne’s emphasis on physical fitness minute and to revise and extend her re- PAYING TRIBUTE TO DOCK BROWN and healthy eating made him a man marks.) Ms. SPEIER. Mr. Speaker, less than 3 (Mr. BUTTERFIELD asked and was truly ahead of his time. In addition, he accomplished many weeks ago, a horrible tragedy in Ari- given permission to address the House zona gave our Nation pause. All Ameri- for 1 minute and to revise and extend remarkable feats over the course of his life, such as swimming handcuffed from cans were horrified at the news that his remarks.) Congresswoman GABBY Giffords, her Mr. BUTTERFIELD. Mr. Speaker, it Alcatraz to Fisherman’s Wharf in San staff, and constituents were shot in an is with great sadness that I rise today Francisco in 1955, completing 1,033 appalling act of violence. Six people to pay tribute to a community giant, pushups in 23 minutes on TV in 1956, lost their lives that day. Even more Mr. Dock M. Brown, a very special and swimming the Golden Gate Chan- were hurt. And our friend GABBY now friend who passed away yesterday. nel towing a 2,500-pound cabin cruiser faces a long road to recovery. As a lifelong resident of Weldon, in 1957. But some good came out of all of that North Carolina, Dock Brown was an Jack LaLanne used to say, ‘‘I can’t horror. Ordinary Americans risked undeniable force who dedicated his 81 afford to die; it would wreck my their lives to help those in need. Vio- years to serving his community and as image.’’ But I think we can all agree lence was denounced from the left and a champion for education. Dock Brown that his image is intact and his influ- from the right. And Members of Con- was a veteran of the Korean War, ence on our Nation’s health will con- gress pledged to not let this tragedy teacher, principal, county and town tinue for years to come. keep them from meeting with their commissioner, a State legislator, 50- He is survived by his wife of over 50 constituents. year deacon at First Baptist Church in years, Elaine, and 3 children: Dan, To honor GABBY, the other Tucson Weldon, and much more. Yvonne, and Jon. He was a true public servant with a Thank you, Jack LaLanne, for all victims, and our great democracy, I legacy that will live on through the you have done for the health of this have introduced a resolution today many people he inspired over the years. country. that designates the first Saturday in January as ‘‘National Congress on I ask my colleagues to join me in rec- f ognizing the life and work of Dock Your Corner Day.’’ Monteria Brown and to join me in b 1010 We cannot allow one single gunman to alter our representative form of gov- praying for his wife, Helen, and his en- NATIONAL SCHOOL CHOICE WEEK tire family and community during ernment. In that spirit, I will be hold- (Mr. DUNCAN of South Carolina these difficult times. ing a Congress on Your Corner in my asked and was given permission to ad- district this weekend. And I know that f dress the House for 1 minute and to re- when GABBY is fully recovered, she will SAFETY OF OUR SHORELINES vise and extend his remarks.) do the same. (Mr. BUCHANAN asked and was Mr. DUNCAN of South Carolina. Mr. To honor all those affected by the given permission to address the House Speaker, I rise today in honor of a Tucson tragedy, I urge support of this for 1 minute.) grassroots movement that is currently resolution. Mr. BUCHANAN. Mr. Speaker, I rep- taking place all across our great Na- f resent a gulf coast district in Florida; tion, the celebration of National SUPPORTING FREE AND OPEN so the safety of our coastlines is crit- School Choice Week. In many States ELECTIONS ical—it’s of the utmost importance to across the country, events are being me. held to promote school choice as a (Mr. GEORGE MILLER of California I am troubled that Cuba is moving commonsense idea that gives every asked and was given permission to ad- ahead with plans to drill oil 50 miles off parent the power and freedom to dress the House for 1 minute and to re- Florida’s coast. Florida doesn’t allow choose what’s best for their children’s vise and extend his remarks.) drilling within 125 miles of our shores; education. Mr. GEORGE MILLER of California. so why in the world would we allow Here in Washington, D.C. we’ve seen Mr. Speaker, last night, President Cuba to drill even closer? the positive impact of injecting free- Obama said that the U.S. stands with Cuba’s rig, built by the Chinese, market principles into the educational the people of Tunisia and supports the would even drill deeper than BP’s rig system. While the previous Congress democratic aspirations of the people. that exploded a year ago. And if there chose to decide against innovation, I That has not always been true, how- was a spill, they claim it would only sincerely hope this new Congress will ever. We’ve stood for far too long with take 3 days to get to our shores. see fit to remember that every child is the undemocratic and the dictatorial

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.002 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H475 Ben Ali, the President of Tunisia. And nating taxpayer financing of presidential groupthink, H.R. 359 would actually re- it is time that we stand, as the Presi- election campaigns and party conventions. duce Federal spending, Mr. Speaker. dent said, with the people of Tunisia The first reading of the bill shall be dis- Although this concept may be foreign now and support their democratic aspi- pensed with. All points of order against con- to many liberals and many Washington sideration of the bill are waived. General de- rations. bate shall be confined to the bill and shall Beltway insiders, it’s what the Ameri- The U.S. gets another chance to not exceed one hour equally divided among cans expect out of the new Republican stand with the democratic aspirations and controlled by the chair and ranking mi- majority they recently sent to rep- of another people, the people of Egypt, nority member of the Committee on Ways resent them here in the people’s House. against the autocratic, dictatorial, and and Means and the chair and ranking minor- Instead, H.R. 359, which CBO estimates undemocratic leadership of Hosni Mu- ity member of the Committee on House Ad- would save $617 million over 10 years, barak. For too long, the U.S. has stood ministration. After general debate the bill eliminates an expensive Federal pro- against the people of Egypt seeking a shall be considered for amendment under the gram that wastes taxpayer money five-minute rule for a period not to exceed more democratic country and a more five hours. The bill shall be considered as funding Presidential campaigns and na- democratic government. Every election read. All points of order against provisions tional party conventions. has been rigged by the Mubarak gov- in the bill are waived. No amendment to the With that, Mr. Speaker, I reserve the ernment, and the state emergency bill shall be in order except those printed in balance of my time. power laws have been extended so that the portion of the Congressional Record des- Mr. HASTINGS of Florida. Mr. people would be rounded up so his via- ignated for that purpose in clause 8 of rule Speaker, I thank my colleague for ble opponents would be thrown into jail XVIII and except pro forma amendments for yielding time, and I yield myself such and political parties would be out- the purpose of debate. Each amendment so time as I may consume. printed may be offered only by the Member I rise in opposition to the proposed lawed. who caused it to be printed or a designee and The time has come to stop this. The shall be considered as read. At the conclu- rule to H.R. 359 to terminate the Presi- time has come for the United States to sion of consideration of the bill for amend- dential Election Campaign Fund and tell the Mubarak government that this ment the Committee shall rise and report the ability for taxpayers to designate election has to be free and open. The the bill to the House with such amendments $3 of their Federal tax liability for fi- sole purpose of the election cannot be as may have been adopted. The previous nancing of Presidential election cam- to pass on a great country to the son of question shall be considered as ordered on paign. the current leader in spite of the demo- the bill and amendments thereto to final This week, Republicans have engaged passage without intervening motion except in what amounts to a shifty attack on cratic aspirations of the Egyptian peo- one motion to recommit with or without in- ple. structions. a program that successfully limited the influence of corporations and special f The SPEAKER pro tempore (Mr. interests in our Presidential cam- SIMPSON). The gentlewoman from REDUCE FEDERAL SPENDING paigns, tilting the playing field further North Carolina is recognized for 1 hour. in favor of multimillionaires who can, (Mr. DREIER asked and was given Ms. FOXX. Mr. Speaker, for the pur- and often do, spend their own money. permission to address the House for 1 pose of debate only, I yield the cus- Just as poll taxes and literacy tests minute and to revise and extend his re- tomary 30 minutes to the gentleman marks.) prevented poor people and minorities from Florida (Mr. HASTINGS), pending from voting, eliminating this program Mr. DREIER. Mr. Speaker, ‘‘we have which I yield myself such time as I will place those without the multi- to confront the fact that our govern- may consume. During consideration of million-dollar political clout yet an- ment spends more than it takes in. this resolution, all time yielded is for other step away from having their day That is not sustainable. Every day, the purpose of debate only. families sacrifice to live within their in a Presidential race. GENERAL LEAVE means. They deserve a government b 1020 that does the same.’’ Ms. FOXX. Mr. Speaker, I ask unani- Those are the words that were stated mous consent that all Members have 5 This program allows every taxpaying less than 24 hours ago, at 9 o’clock last legislative days to revise and extend American to voluntarily check a box— night, by the President of the United their remarks. and I think I should reiterate here the States. And I have to say that truer The SPEAKER pro tempore. Is there individual ‘‘opts in’’ to this program— words have never been spoken. objection to the request of the gentle- on their 1040 to put $3 in the Presi- woman from North Carolina? dential Election Campaign Fund. A Mr. Speaker, when Ms. FOXX calls up this rule, we will be proceeding with There was no objection. married couple has the option of $6 if the first modified open rule for debate Ms. FOXX. Mr. Speaker, House Reso- filing jointly. in 4 years, and we will be putting our- lution 54 provides for a modified open Checking the ‘‘yes’’ box does not in- selves on a path towards reducing the rule for consideration of H.R. 359, crease the amount of taxes an indi- size, scope, and reach of government so which is a bill to reduce Federal spend- vidual owes, nor does it decrease any that we will send a signal out there ing and the deficit by terminating tax- refund to which he or she is entitled. that job creation and economic growth payer financing of Presidential elec- In establishing the checkoff program, can finally, finally get moving. tion campaigns and party conventions. Congress left the single most impor- Mr. Speaker, it is refreshing to stand tant decision to the taxpayer. The tax- f before you in a House dominated by payer, not the House Republican lead- PROVIDING FOR CONSIDERATION new a Republican majority focused on ership, decides whether he or she wants OF H.R. 359, ELIMINATING TAX- changing the direction from the failed $3 of their taxes to be used for the PAYER FINANCING OF PRESI- liberal policies that have dominated Presidential funding program. The DENTIAL ELECTIONS Washington for the past 4 years. Al- choice is theirs to voluntarily check Ms. FOXX. Mr. Speaker, by direction though there remains some obstacles ‘‘yes’’ or ‘‘no.’’ And I might add, during of the Committee on Rules, I call up to realizing the full breadth of a Re- our hearing in the Rules Committee House Resolution 54 and ask for its im- publican agenda so desperately needed yesterday, several of us, including mediate consideration. to pull our economy out of the dol- some of my Republican colleagues, in- The Clerk read the resolution, as fol- drums, it is indeed a new day. dicated that they had at one time or This rule provides for consideration lows: another participated in this program. of H.R. 359, legislation authored by my And yet now they want to eliminate it. H. RES. 54 friend, Mr. COLE, that I have cospon- Yes, this program does need improve- Resolved, That at any time after the adop- sored as it represents a small step to- ment, but it is far from ineffective or tion of this resolution the Speaker may, pur- wards a brighter future for our coun- obsolete. suant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the try. Instead of considering legislation Since the fund’s inception in 1976, Whole House on the state of the Union for providing perpetual spending increases every Presidential candidate before consideration of the bill (H.R. 359) to reduce as the solution for all that ails us, in a 2008 has used the Presidential Election Federal spending and the deficit by termi- departure from Washington Campaign Fund in the general election,

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.003 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H476 CONGRESSIONAL RECORD — HOUSE January 26, 2011 and Republicans’ own 2008 Presidential it. Furthermore, the YouCut program lying legislation. I disagree with him, candidate, Senator JOHN MCCAIN, used conveniently targets only those who but I can’t understand why in the it to fund his election. have Internet access and cell phones, world they would conceive of opposing During the 2008 election cycle, nearly which disproportionately leaves out a for the first time since April 8, 2008, $17 million of public funds were spent lot of the poor and elderly. The last having the kind of free-flowing debate for the Republican convention, and an time I checked, an undisclosed number that both Democrats and Republicans equivalent amount for Democrats; $84 of votes on a partisan Web site does not and the American people deserve to see million to Republicans for general elec- constitute the will of the American their representatives have in this insti- tion grants; and a total of $18 million people. tution. for primary matching funds for parties’ Republicans seem to think that this And what is this legislation all candidate nominations. online gimmick is an effective sub- about? This legislation is all about job House Republican leaders have prom- stitute for good governance. Now, the creation and economic growth. Job cre- ised to bring reform and accountability Republicans have promised over and ation and economic growth. And one to Congress, and I quote from the Re- over again that the 112th Congress might say, when you are talking about publican Pledge to America: ‘‘We are would be a new wave of accountability the Presidential checkoff, how is that fighting to bring much-needed sunlight and transparency. And yet this, like about job creation and economic to the process.’’ Is this the kind of re- every other major bill that has been growth? form and sunlight that you pledge to considered thus far, is lacking in both. Well, I will tell you, Mr. Speaker. the American people? The Republican leadership has held no Last night the President time and time YouCut gives Americans a choice? hearings or markups, failed to consider again talked about the importance of Really? A Web site where you only alternatives, and crafted a bill so nar- creating jobs. And as I said during my have the opportunity to vote ‘‘yes’’ for row that very few amendments can 1-minute presentation here, the Presi- cutting—that is, either you support the even be considered germane. dent made it very clear that we need to Republican agenda, or we do not care Mr. Speaker, this bill eliminates make sure that we live within our what you think. A Web site where say- rather than repairs the Presidential means. Now, what is it that living ing ‘‘yes’’ to meaningful programs, public financing system, which is, in within our means will do? such as the National Endowment For my judgment, irresponsible and will b 1030 the Arts, Legal Services Corporation, move our Nation in the wrong direc- the Community Development Program, tion. I suggest that the next campaign We need to send a message to those and a fund that was created specifi- more than likely on either side, Repub- potential job creators out there that cally to empower Presidential can- lican or Democrat, will cost as much as the United States Government is get- didates to participate in the political $1 billion each. ting its fiscal house in order so that system regardless of their socio- The House Republican leadership has there can be a level of confidence for economic status or their relationship touted that they are going to change those businesses to create jobs. Right with special interest influence, is not the permissive culture of Congress. To- now, when you look at the fact that we welcome. day’s consideration of this legislation have this $14 trillion debt, when you I have said it before, and I will say it is evidence that the only thing House look at the fact that we have deficits again: A more fitting name for the Republicans want to do is glorify the as far as the eye can see, it’s not send- ‘‘YouCut’’ program would be ‘‘CutYou’’ permissive culture of their own party. ing a very positive signal for those peo- because it hurts everyday Americans I urge my colleagues to instead focus ple who want to create jobs. while doing little to cut the Federal on repairing the system and maintain So you ask, Why is it we’re taking on deficit. the focus on increasing the roles of av- a new program like this? Well, the new Simply put, YouCut undercuts our erage citizens in our Presidential elec- estimate has it from $520 million to democracy. The summary’s headline tion process. $617 million. This is based on the new for the legislation we are considering I reserve the balance of my time. estimates. today is: End the Presidential Election Ms. FOXX. Mr. Speaker, I yield such Now, is it a small amount of money? Fund—Savings of $520 million over 10 time as he may consume to the distin- Of course it’s a small amount of years. guished gentleman from California money. The biased paragraph goes on to say: (Mr. DREIER), chair of the Rules Com- Why is this chosen? Well, I think ‘‘In short, it provides taxpayer sub- mittee. that there is a reason. It’s the fact that sidies to political candidates and par- (Mr. DREIER asked and was given it has failed. ties.’’ Not only are the summaries pro- permission to revise and extend his re- President Obama chose to cast aside vided on YouCut inaccurate, they are marks.) and not utilize this system when he written to elicit a specific response. Mr. DREIER. Mr. Speaker, let me was running for President, and JOHN We know that use of the fund has de- begin by expressing my appreciation to MCCAIN did use it, as my friend from clined in recent years. President my good friend from Grandfather Com- Fort Lauderdale said in the Rules Com- Obama was the first candidate since munity for doing her typically wonder- mittee yesterday. We’ve already had the fund’s inception to opt out of the ful job of managing the rule. I also the President of the United States an- public financing in the general elec- want to say to my friend from Fort nounce that his plan is to raise $1 bil- tion, and other candidates have opted Lauderdale that I appreciate his lion for his reelection campaign. That out of public financing in primary elec- thoughtful remarks. I am somewhat would lead me to conclude that Presi- tions. If candidates from major parties dumbfounded, though, that for the first dent Obama, assuming he runs for re- continue to decline public financing, time since April 8, 2008—it has been 4 election, is not planning to use this then the savings from eliminating the years, April 4, 2008, it was a beach bill fund. fund could and likely will be substan- that was being considered here—we had Let’s also look at the fact that, since tially lower. a modified open rule. We now are going 1980, when it was in effect, 28.7 percent Confusing YouCut voters with one- to allow Members of this House to en- of the American people utilized that sided jargon and eliminating programs gage in a free-flowing debate. Our checkoff; and today, about 7.3 per- like the Presidential Election Cam- Rules Committee colleague, Mr. POLIS, cent—or something like that—of the paign Fund are not the answers; fixing came up to me last night right before American people are using that check- the public financing system and paying the State of the Union message saying off system that is there. attention to what the American people that he was looking forward to offering Now, I listened to the remarks of my really want are the answers. an amendment that he told me he sub- friend from Fort Lauderdale in which What Republicans fail to mention is mitted for the RECORD last night. So he said that the notion of getting rid of that the YouCut program is inherently we are going to, for the first time in a this would allow corporations to be in- selective, and therefore biased. Neither long time, allow for free-flowing de- volved in a much greater way, and he online nor cell phone voters are able to bate. So I can understand why my implied that there would be all kinds of vote to save a program rather than cut friend might want to oppose the under- corruption.

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.005 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H477 No one—no one, Mr. Speaker—is ad- that we could consider them on the tire program. I don’t see the sense of vocating that we go back to the way House floor, and I think it’s a great that argument. The amount of money the campaign finance law was before thing. that goes into the Presidential Elec- 1974 and Watergate. I mean, it was a I thank my friend for yielding. tion Campaign Fund is directly propor- horrible, horrible time. Disclosure and Mr. HASTINGS of Florida. I reclaim tional to how many people check the accountability are very important, and my time merely to point out that I box on the tax form. Apparently, there we have in place today, under the Fed- don’t consider five matters that are is enough support for the program for eral election law, limitations that not in order and one that’s going to be American taxpayers to designate a pro- exist. No corporate contributions are ultimately debated to be a free-flowing jected $617 million, since that’s the allowed to be made to Federal advo- debate. number being thrown around here cates. No corporate contributions are We’ll get there. Perhaps we’ll get today, to be saved over the next 10 allowed to be made to Federal can- there after we listen to my good friend, years. That sounds to me like enough didates. the former chair of this committee and support to keep the program around. There is the notion of somehow the distinguished ranking member Now, that is certainly not to say that claiming that, by saving $617 million, from New York. this current system is perfect. It has the idea of taking that amount of I yield 3 minutes to the gentlelady not really been changed since the sev- money off the table and allowing peo- from New York (Ms. SLAUGHTER). enties. On the contrary, our current ple to voluntarily support the can- Ms. SLAUGHTER. I thank the gen- system is one in dire need of reform. didates of their choice is somehow tleman from Florida. The SPEAKER pro tempore. The going to encourage greater corporate You know, it’s rather ironic that we time of the gentlewoman has expired. contributions. It’s against the law. are having this debate today, because Mr. HASTINGS of Florida. I yield the This does nothing to change that, and it is almost exactly 1 year from the day gentlelady an additional minute. I think that it’s a very specious argu- the Supreme Court decided the Citizens Ms. SLAUGHTER. As the Wash- ment to propound something other United case. That decision opened the ington Post said yesterday in an edi- torial opposing this bill: We have a than the case here. floodgates for anonymous special inter- Mr. Speaker, I will say again we are ests and corporations to dump unlim- great need to rehab it. Let’s fix it. going to have a rigorous debate on this, ited amounts of cash into our political Don’t junk it. I wholeheartedly agree. and Members are going to have an op- system. Predictably, the result of this I’d like to see an honest attempt to reform portunity to participate. If Members do awful judgment was to set loose a tor- our campaign finance system to provide for want to oppose the underlying legisla- rent of secret money to influence the openness, transparency and good govern- tion, I think they should be welcomed midterm elections this past November. ment. I hope that the other side will join me in to do that, but I still find it very hard Now my Republican colleagues pro- supporting such an effort. There are already to believe that for the first time in the pose to further erode whatever protec- two bills introduced last Congress and being history of our Republic, now approach- tions our government has left against a circulated now that will do just that. The ing 222 years this spring, we saw an en- state of ‘‘democracy for the highest House’s very own campaign finance policy ex- tire Congress have not a single bill con- bidder’’ by attempting to undo our sys- pert, Mr. PRICE of North Carolina, introduced a sidered under an open amendment tem of Presidential public financing. bill last year, H.R. 6061, the Presidential process; and while this is not an open Let’s remember where this system Funding Act of 2010, which would strengthen rule—and I’m not claiming it’s an open came from. It was a direct response to and expand the system the Republicans want rule—it is a modified open rule that the Wild West—unregulated, free- to dismantle, to bring the system into line with does allow for the kind of free-flowing wheeling campaigns that led up to the the reality of today’s campaigns and boost debate that we haven’t seen in a long Watergate scandal. The atmosphere of participation rates. period of time. that time was described by campaign finance expert Fred Wertheimer as so Also, H.R. 5175 in the last Congress, the So, Mr. Speaker, I urge my col- DISCLOSE Act, which this House passed last leagues to join with Ms. FOXX in sup- bad that contributors to Richard Nix- on’s reelection campaign were ‘‘lit- year. The DISCLOSE Act would make sure port of this rule. Then let’s have the we know where the money flooding our cam- free-flowing debate and allow, as erally flying into Washington with satchels of cash.’’ Hidden, unregulated, paigns is coming from. Speaker BOEHNER regularly says, the I urge my colleagues to vote ‘‘no’’ on the private money ruled. House to work its will. Then we’ll have previous question, ‘‘no’’ on the rule, and ‘‘no’’ In response to that, Congress acted a vote, and people can vote however on the bill. Instead of this anti-small-d-demo- as much as it could to clean up that they’d like at the end of the debate. cratic bill the Republicans have brought to the system, and we have done fairly well Mr. HASTINGS of Florida. I yield floor without any public input, without any with that. myself such time as I may consume. committee hearings and markups, let’s debate Our democracy will not be able to af- Mr. Speaker, that free-flowing debate a serious plan to improve our campaign fi- ford a return to that corruption, but consists of six preprinted amendments. nance system and strengthen our democracy. Five of those amendments are not in that is what we start today with this order. So we’re going to have a free- bill. This bill will result in even more b 1040 flowing debate on six matters that are corporate and special interest money Ms. FOXX. Mr. Speaker, I would like offered; and if what he just said is in our campaigns than we have today— to point out to our colleagues across going to give the American public the and that’s really saying something. We the aisle who are complaining about impression that we’re having a free- don’t even know how much money some of the proposed amendments flowing debate, then I must have comes in from foreign money. being declared not germane that it is missed something. The Presidential Election Campaign not the Republicans who decide wheth- Mr. DREIER. Will the gentleman Fund is the one place in our Federal er amendments are germane or not ger- yield? electoral system where we take some mane; it is the Parliamentarian’s office Mr. HASTINGS of Florida. I yield to of the pressure off of candidates who that decides that. They can do the the gentleman from California. otherwise have to raise bushels of pri- same thing to our amendments as well Mr. DREIER. Let me just say that, vate money. For the life of me, I can’t as to the Democrats’ amendments. obviously, this is a very positive step see how this bill does anything other I now yield such time as he may con- in the direction for allowing for that than add insult to the injury of the ter- sume to my colleague on the Rules debate. If we had 100 amendments filed rible Citizens United decision last year. Committee, the gentleman from Geor- that were germane, we’d have the out- This bill will also take away from gia (Mr. WOODALL). side time limit and an opportunity for American taxpayers the freedom to Mr. WOODALL. Mr. Speaker, I could a debate to take place on those amend- choose to support good government, to not get over here to the floor fast ments. choose to support the public financing enough when I saw this rule come up So, again, any Member had the of campaigns. for debate, and I rise in strong support chance—Democrat or Republican Republicans cite the low participa- of this rule today and in strong support alike—to file amendments last night so tion rate as a reason to scrap the en- of the underlying legislation.

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.007 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H478 CONGRESSIONAL RECORD — HOUSE January 26, 2011 I am pleased to be joined on this day mores in this body, they don’t have any us in this Chamber was elected to Con- after the State of the Union not just by more experience in this process than I gress with a goal of creating jobs and my colleagues but with so many young do, because this is the first open growing our economy, yet there hasn’t people in the gallery today, because amendment process that we’ve seen on been any talk about that. that is exactly what this debate is the floor of the House. Why are we see- Today, the Republican leadership has about. ing it? Because it’s the right thing to brought to the floor another piece of We’ve heard much talk on the floor do for the institution. political posturing that takes us away of this House over the past week about Speaker BOEHNER has made a point of from that goal of creating jobs for mil- the upcoming CBO baseline report. saying the House is going to work its lions of Americans and establishing Well, if it arrived in your email boxes will. I come from a very conservative economic stability and growth. Rather this morning like it did mine, you saw district in the northeastern suburbs of than wasting time bringing these bills that CBO’s most recent score predicts a Atlanta. And I tell you, when the to the floor, we should be working to $6.9 trillion, 10-year operating deficit. House works its will, we’re not always develop innovative, bipartisan solu- That’s not the $14 trillion in debt that going to get what we want in the tions that will create jobs, reduce the these young people are going to have to northeastern suburbs of Atlanta, be- deficit, and put our economy back on pay back, it’s the actual operating def- cause the House sits kind of here in the track. icit, the additional debt that we’re middle, and I’m a little further over We can all agree that our campaign going to add over the next 10 years. here on the right-hand side of the spec- finance system is broken. In every This proposal today is one small step trum. But in order for this Congress to election, more and more dollars are towards attacking that operating def- work, in order for this House to work, spent by wealthy corporations and spe- icit. in order to restore the dignity of this cial interests on campaigns, inflicting Now we’re talking about big numbers House, we have to allow the House to great damage on the American people’s here today. Somewhere between $500 work its will. trust in government. I know a lot of million and $600 million will be saved I am just so pleased, in my very first my friends wanted to turn the tele- with the elimination of this proposal. month in Congress, that we not only vision off by the end of the last cam- But folks, $6.9 trillion is where we have have seen very narrowly focused pieces paign. But ending the Presidential to go over the next 10 years. So if you of legislation come to the floor, but Campaign Fund would only further think that this underlying proposal, we’re seeing them come to the floor breach that trust. the public financing proposal, has some under an open amendment process. Recent polls have found that the pub- merit, I look forward to debating that And let me just say one thing about lic overwhelmingly believes that when the time comes, when we get our that open amendment process, particu- money buys elections—by 5 to 1 in operating deficit under control. But we larly for folks, again, who haven’t seen some polls. And it’s no surprise, be- don’t just need to pass this provision one before, folks who are in the gallery cause election spending has gone up today; we need to pass this provision or watching on TV who have not seen fourfold between the 2006 and 2010 con- and 10,000 more just like it to get to a an open amendment process before. gressional elections. With a voluntary balanced budget. Just because it’s open doesn’t mean $3 individual contribution, the Presi- Now, I want you to think about that. you can do whatever you want to do on dential Campaign Fund is a modest All of the discussion, all of the gnash- the House floor. We’re talking about part of the answer to the Nation’s cam- ing of teeth, the handwringing about the public financing of elections today. paign finance needs, not the problem. eliminating this provision today, folks, So if you have an amendment that’s It is a way to include the people’s voice this is just the beginning. This pro- going to change the way we finance in our government by honoring small posal and 10,000 more just like it are education, that amendment is not donations and helping restore the peo- what we need to pass in this House. going to be germane. If you have an ple’s faith in democracy. The question isn’t why are we bringing amendment about what you want to do Nearly all Presidential candidates up this proposal today; the question is with the health care system, that from both parties over the past 35 why don’t we have three or four or five amendment is not going to be germane. years have used this fund as a way to more just like it. When you bring narrowly crafted reduce the emphasis on fundraising and I look forward to joining with my pieces of legislation to the floor, the special interests. Our democracy in its colleagues on both sides of the aisle to amendments that are germane are nar- current form would cease to exist if talk about those provisions, talk about rowly crafted amendments. And folks, I only the rich and powerful could influ- those spending items in our budget love that. For too long we have had ence public officials. that we can get rid of. But folks, I am 2,000-page bills, 1,000-page bills that I ask you today, when the middle absolutely certain, as the YouCut site folks can’t read and can’t understand class is suffering and job creation is pointed out when America voted, that and that can’t be amended. And I am so our number one goal, why do we con- public financing is one of the top 10,000 pleased today to be standing here in tinue to talk about giving more power things that we can get rid of. We don’t strong support of my colleague from to big money contributors for Presi- have to decide today whether this is North Carolina’s resolution. I will be dential campaigns? After the Supreme number one of the 10,000 most wasteful voting in favor of the rule, and I will be Court’s terrible decision on Citizens programs in government or number voting in favor of the underlying legis- United, we need the exact opposite of 10,000 of the 10,000 most wasteful pro- lation. this bill—true, reasonable campaign fi- grams in government; we only have to I thank the gentlelady for the time. nance reform. That’s how democracy is decide if it’s somewhere on that spec- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE restored and people are empowered. trum. I tell you that it is, and I rise in The SPEAKER pro tempore. The The SPEAKER pro tempore. The strong support of this rule. Chair would remind Members to direct time of the gentleman has expired. The second reason I had to rush over their remarks to the Chair and not to Mr. HASTINGS of Florida. I yield the here to the floor is I’m brand new. I’ve occupants of the gallery. gentleman an additional 30 seconds. been in this House less than 1 month, Mr. HASTINGS of Florida. Mr. Mr. POLIS. The people’s House and I’m down here speaking on a rule Speaker, I yield 21⁄2 minutes to my should not be spending its time cutting that offers an open amendment proc- good friend, the distinguished gen- off the connection of the people of this ess. tleman from Colorado (Mr. POLIS). country to the White House. Yes, our Now, if anybody has been watching Mr. POLIS. I thank the gentleman Presidential campaign finance system the House floor, as I have, over the from Florida for allowing me to speak is broken. It needs to be repaired, not past 2 years, you might wonder what on the rule. eliminated, so we can have a fair way an open amendment process is, and you I rise in opposition today to the rule of electing our leaders. would be right to wonder because and the underlying bill. I urge a ‘‘no’’ vote on the rule and you’ve never seen one. I may be a Mr. Speaker, first it was repealing the bill. freshman in this body, but folks who patients’ rights; then it was a budget Ms. FOXX. Mr. Speaker, I would like came 2 years before me, the sopho- resolution with no budget. Every one of to say to my colleague from Colorado,

VerDate Mar 15 2010 05:58 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.009 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H479 this is not cutting off access of our to accept other contributions. The pro- minutes to my friend of longstanding, citizens to the White House. Our citi- gram also provides grants to sponsor the distinguished gentleman from New zens have voted in lots of different national party conventions. Jersey (Mr. PALLONE). ways to express their opinions in this ‘‘In short, it provides taxpayer sub- Mr. PALLONE. Mr. Speaker, I don’t country in the last year or so. In No- sidies to political candidates and par- like to reference the Republican chair- vember, they voted to replace our ties. Since 2000, some major candidates man of the Rules Committee, Mr. spendthrift colleagues on the other side have chosen to forgo public financing. DREIER, because he did leave the floor. of the aisle with people on our side of While some have argued that providing But he made a couple of statements the aisle who want to cut government even more taxpayer funding for this that I have to comment on. spending. They voted on this program program might entice more candidates First of all, he said that this Repub- by reducing their involvement in this to participate, eliminating the pro- lican initiative is about creating jobs. program to a very small number. If gram altogether . . . would require Nothing could be further from the they wanted this program, they could candidates and political parties to rely truth, in my opinion. I’ve watched as have continued to participate in it. on private donations rather than tax the Republicans have been in the ma- They participated in the YouCut pro- dollars. The amount of funding for the jority now for about 3 or 4 weeks, and gram, which singled out this program public financing system is determined they’re not doing anything to create as something that needed to be cut. by checkoffs on income tax returns, jobs. And this certainly doesn’t create We are listening to the American and taxpayer participation via the jobs. people, Mr. Speaker—we are doing that checkoffs has declined,’’ Mr. Speaker, And then Mr. DREIER said that there in many different ways; this is one of ‘‘from 28.7 percent in 1980 to 7.3 percent can be no corporate contributions the ways—because they’ve told us at in 2009.’’ And that’s the end of the under the current law. Well, the Citi- least in three different ways that they quote from the Web site. zens United case clearly says that want a different kind of working going Again, Mr. Speaker, the American there are unlimited corporate con- on in Washington, D.C. They don’t people are telling us how they feel tributions, and that’s the problem. want a lot of spending; they want us to about this program because they’re not Rather than having public financing of cut back spending. And they’ve told us using the checkoff. campaigns—which this legislation this on this program three different As the program grows increasingly would eliminate—we’re going to have ways. So I would like to point that out. less popular, its purpose is accordingly more and more corporations just Mr. Speaker, according to Congres- muddled. For example, while on the spending millions and millions of dol- sional Quarterly, nearly $139 million in campaign trail, then-candidate Barack lars to finance campaigns. And that’s public funds were spent during the 2008 Obama, who portrayed himself as a what this is all about. election cycle, including $17 million longtime supporter of public financing, This is the Republicans basically ca- each for the Democratic and Repub- ultimately broke his pledge to partici- tering to special interests and the large lican conventions, $84 million to Re- pate in the presidential public financ- corporations who will spend unlimited publicans for general elections grants, ing system. If public financing isn’t amounts of corporate money on cam- and a total of $18 million for primary good enough for such a vehement sup- paigns, and not having in this case a matching funds for candidates for the porter, why should taxpayers finance public financing component through nominations of Democrats, Repub- partisan political campaigns? voluntary largely small donations. That’s why I urge my colleagues to licans, and other parties. Now, I have to say this is a system support this rule and the underlying b 1050 that we have now that’s been in place bill. since Watergate. It was a reform that As is the case with so many other ac- I reserve the balance of my time. tions, the Federal Government has no Mr. HASTINGS of Florida. Mr. Democrats and Republicans used, a re- business funding political campaigns, Speaker, I am very pleased to yield 1 form of a very bad system that the Wa- particularly while the troubled econ- minute to the distinguished gentleman tergate scandal showed was not the way we should go. And I agree that the omy demands fiscal restraint. And let from Virginia, my good friend, GERRY system needs to be updated, but it me point out that the way the Federal CONNOLLY. Government gets its money is, again, Mr. CONNOLLY of Virginia. I thank should be changed to meet the needs of by taxing the American people or, in my good friend. today’s elections that are costing this case, by using funds that the peo- Mr. Speaker, we just heard a ref- more, and more primaries, and the ple have said that it could be used for. erence to YouCut and that this was one focus should be on small donations, not The proposal embodied by H.R. 359 of the most popular cuts suggested by getting rid of small donations. first received attention as a result of people on this Republican blog. Well, But what we see instead is the Re- then-Republican Minority Whip CAN- Mr. Speaker, 10 million Americans publican majority eliminating the sys- TOR’s initiative dubbed ‘‘YouCut.’’ Ma- want to participate in public financing tem altogether and making Presi- jority Leader CANTOR is continuing of Presidential campaigns. And I would dential campaigns more susceptible to this innovative effort which encourages dare say that dwarfs anything we’ve what I call outside influence. public participation in our wonderful heard from YouCut. So if we’re going We saw the effect of the Citizens American democracy. to get in the business of what the United case in the past election, where The Web site, located at American people want and how they’ve corporations and special interests majorityleader.gov/YouCut, for the expressed themselves, 10 million voices poured money to sway the elections in first time enables Americans to make are in threat of being silenced today by their favor. With disclosure require- their voices heard by voting weekly on this rule and the underlying legisla- ments almost nonexistent, we have no various proposals to shrink, rather tion. way of knowing whether foreign cor- than grow, Federal spending. As I said The idea that we’re going to save porations or entities were contributing in my earlier remarks, this is one of money and solve the deficit by elimi- to the elections. And we have to ques- the ways the American people can tell nating public financing in presidential tion whose side the new Republican us what they think. campaigns is fallacious. But I will give House majority is on. According to the official YouCut Web the other side credit: It is intellectu- Unfortunately, it appears that this is site, ‘‘The Presidential Election Cam- ally honest. When you have a Supreme just another attempt by the Repub- paign Fund provides Federal tax dol- Court ruling like Citizens United that licans to support their special interest lars in the form of matching funds to fosters anonymous financing of cam- friends and big corporations who have candidates in Presidential primaries paigns, no wonder you want to delete an unfair and undue influence on our provided the candidates qualify and public financing of campaigns. electoral process. agree to abide by certain spending and Ms. FOXX. Mr. Speaker, I continue Ms. FOXX. Mr. Speaker, I don’t contribution limits. It provides grants to reserve the balance of my time. think that the American people are to qualifying Presidential candidates Mr. HASTINGS of Florida. Mr. buying these tired arguments that our in general elections, if they agree not Speaker, I am very pleased to yield 2 colleagues across the aisle are using

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And substantial committee hearings, and I said before, that this program is not the argument that they can go out was presented to the Rules Committee, worth continuing. there and raise the kind of money that as opposed to this measure that has My colleague from Virginia said that would allow for that to happen I think had absolutely no hearings and just we’re denying 10 million Americans the is specious at best. comes here direct to the floor under opportunity to participate in donating For most candidates, public funding the rubric of a modified open rule. And to campaigns. That isn’t true. Individ- from the Presidential election cam- it would require, this DISCLOSE meas- uals can donate to any campaign they paign fund has been the source of sore- ure, any person or organization making want to. So these American people who ly needed funds at crucial points in so-called ‘‘independent expenditures’’ are now doing the checkoff can easily Presidential races. To make matters over $10,000 to disclose them within 24 write a $3 check to the candidates of worse, as has been pointed out by Ms. hours. That’s what we need after Citi- their choice. We’re not stopping that in SLAUGHTER and myself and others, the zens United, not politicians spending any way whatsoever. legislation we are considering today is more time and energy to raise big What we are doing is saying we don’t a repeat of the disastrous Citizens money. need to be supporting political conven- United decision, which on January 21, The DISCLOSE Act would put a tions, primarily, and candidates. 2010, unleashed massive corporate in- check on donations by Federal contrac- They’re perfectly capable of raising the fluence-buying expenditures in our na- tors and prohibit contributions and ex- money directly from the American peo- tional elections. In the face of the first penditures by foreign-controlled do- ple. And what we are doing, though, is anniversary of Citizens United, we mestic corporations. And among its saying that $617 million is real money. know for a fact how essential it is to other provisions, for example, is a pro- Our colleagues across the aisle don’t repair the Presidential public financing hibition on recipients of TARP funds think $617 million will put a dent in system and provide Presidential can- from making contributions or expendi- our deficit? That shows you how far didates with a viable alternative for fi- tures. away from the American people they nancing their elections, as opposed to Mr. Speaker, I ask unanimous con- are. They don’t think of $617 million as having to depend on influence-seeking sent to insert the text of the amend- significant. big donors, lobbyists, bundlers, and ment in the RECORD along with extra- Mr. Speaker, the American people corporate spenders. We cannot elimi- neous material immediately prior to think that $617 million is significant. nate the corruption of our political the vote on the previous question. They want us to cut spending wherever system when we are eliminating a pro- The SPEAKER pro tempore. Is there we can, and this is a program that has gram that was created to try to do objection to the request of the gen- long ago outlived its usefulness. that. tleman from Florida? I reserve the balance of my time. Mr. Speaker, a vote for this legisla- There was no objection. tion is a vote for big corporations and Mr. HASTINGS of Florida. Mr. b 1100 big private money to fund the election Speaker, I urge my colleagues to vote Mr. HASTINGS of Florida. Mr. of their desired candidates. The Presi- ‘‘no’’ and defeat the previous question Speaker, in closing, I am one of those dential public financing system needs so we can debate and pass real cam- people among the 10 million that did do repairs, but eliminating a program paign finance reform today. the checkoff of $3 for publicly-financed that works, that is voluntary, and that The material previously referred to Presidential campaigns and to support gives a voice to the American people is by Mr. HASTINGS of Florida is as fol- the national parties’ conventions. I feel not the answer. lows: very strongly that my $3 now is di- Mr. Speaker, if we defeat the pre- AN AMENDMENT TO H. RES. 54 OFFERED BY rected in a way that I did not wish that vious question, I will offer an amend- MR. HASTINGS OF FLORIDA it should be directed. ment to the rule to provide that imme- At the end of the resolution, add the fol- I do urge my friend from North Caro- diately after the House adopts this rule lowing new sections: SEC. 2. Immediately upon adoption of this lina to understand that at least one it will bring up the DISCLOSE Act, Member on this side clearly under- resolution the Speaker shall, pursuant to with the same text as H.R. 5175 from clause 2(b) of rule XVIII, declare the House stands that $617 million is a whole the 111th Congress, as it passed the resolved into the Committee of the Whole whale of a lot of money. To some of us, House on June 24, 2010. This Republican House on the State of the Union for consider- $617 or $67 is a whole lot of money. proposal to eliminate voluntary public ation of a bill consisting only of the text of That said, what is balanced here is financing for Presidential elections is, H.R. 5175 of the 111th Congress as passed by whether or not we should try in this in- in my view, a step in the wrong direc- the House. The first reading of the bill shall stitution to eliminate the kind of cor- tion. be dispensed with. All points of order against ruption that comes by virtue of a flood When Presidential campaigns stop re- consideration of the bill are waived. General of dollars going into campaigns. debate shall be confined to the bill and shall ceiving this clean money, they’ll have not exceed one hour equally divided and con- To correct my colleague from Cali- to go after private contributions in- trolled by the chair and ranking minority fornia—and I wish he were here; I stead. That’s going to mean more time member of the Committee on House Admin- would yield to him to respond—when spent talking to special interests and istration. After general debate the bill shall he cites the fact that no corporate dol- the powerful and less time spent talk- be considered for amendment under the five- lars can be contributed to the respec- ing with the voters and communities minute rule. All points of order against pro- tive candidates who are on the ballot, and groups that have good ideas and visions in the bill are waived. At the conclu- he is absolutely correct. That is the real problems to discuss but don’t have sion of consideration of the bill for amend- law. But under the aegis of the Citizens ment the Committee shall rise and report multi-million dollars to donate to a the bill to the House with such amendments United decision, corporations and indi- campaign. as may have been adopted. The previous viduals can contribute anonymously to Is that really what we want for our question shall be considered as ordered on any campaign. And we saw evidence of constituents? I am confident that the the bill and amendments thereto to final that on both sides. answer is a resounding ‘‘no.’’ Make no passage without intervening motion except Now, I have seen every iteration of mistake, this will affect the quality of one motion to recommit with or without in- reform during the last 50 years in the our campaigns and it will affect our structions. If the Committee of the Whole United States of America. Some of it democratic process. rises and reports that it has come to no reso- was good and some of it didn’t achieve We should be considering real cam- lution on the bill, then on the next legisla- tive day the House shall, immediately after its mark. This particular measure had paign finance reform like the DIS- the third daily order of business under clause some limitations and at the very same CLOSE Act. That bill would establish 1 of rule XIV, resolve into the Committee of time did permit people like Eugene disclosure requirements for election-re- the Whole for further consideration of the McCarthy, Jimmy Carter, Pat Bu- lated spending by corporations, unions, bill.

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SEC. 3. Clause 1(c) of rule XIX shall not cations. It is one of the only available tools Pearce Ross (FL) Terry apply to the consideration of the bill speci- for those who oppose the Republican major- Pence Royce Thompson (CA) fied in section 2 of this resolution. ity’s agenda and allows those with alter- Platts Runyan Thompson (PA) native views the opportunity to offer an al- Poe (TX) Ryan (WI) Thornberry (The information contained herein was ternative plan. Pompeo Scalise Tiberi provided by the Republican Minority on mul- Posey Schilling Tipton Mr. HASTINGS of Florida. I yield Price (GA) Schmidt Turner tiple occasions throughout the 110th and Quayle Schock Upton 111th Congresses.) back the balance of my time. Ms. FOXX. Mr. Speaker, I urge my Reed Schweikert Walberg THE VOTE ON THE PREVIOUS QUESTION: WHAT Rehberg Scott (SC) Walden IT REALLY MEANS colleagues to vote for the previous Reichert Scott, Austin Walsh (IL) This vote, the vote on whether to order the question, rule, and underlying bill. Renacci Sensenbrenner Webster previous question on a special rule, is not I yield back the balance of my time, Ribble Sessions West Rigell Shimkus Westmoreland merely a procedural vote. A vote against or- and I move the previous question on Rivera Shuster Whitfield dering the previous question is a vote the resolution. Roby Simpson Wilson (SC) against the Republican majority agenda and The SPEAKER pro tempore. The Roe (TN) Smith (NE) Wittman a vote to allow the opposition, at least for question is on ordering the previous Rogers (AL) Smith (NJ) Wolf the moment, to offer an alternative plan. It question. Rogers (KY) Smith (TX) Womack is a vote about what the House should be de- Rogers (MI) Southerland Woodall bating. The question was taken; and the Rohrabacher Stearns Yoder Mr. Clarence Cannon’s Precedents of the Speaker pro tempore announced that Rokita Stivers Young (FL) House of Representatives (VI, 308–311), de- the ayes appeared to have it. Rooney Stutzman Young (IN) scribes the vote on the previous question on Mr. HASTINGS of Florida. Mr. Roskam Sullivan the rule as ‘‘a motion to direct or control the Speaker, on that I demand the yeas NAYS—178 consideration of the subject before the House and nays. being made by the Member in charge.’’ To Ackerman Green, Al Pascrell defeat the previous question is to give the The yeas and nays were ordered. Andrews Green, Gene Pastor (AZ) opposition a chance to decide the subject be- The SPEAKER pro tempore. Pursu- Baca Grijalva Payne fore the House. Cannon cites the Speaker’s ant to clause 9 of rule XX, the Chair Baldwin Gutierrez Pelosi ruling of January 13, 1920, to the effect that will reduce to 5 minutes the minimum Barrow Hanabusa Perlmutter Bass (CA) Harman Peters ‘‘the refusal of the House to sustain the de- time for any electronic vote on the Becerra Hastings (FL) mand for the previous question passes the Peterson question of adoption of the resolution, Berkley Heinrich Polis control of the resolution to the opposition’’ if ordered. Berman Higgins Price (NC) in order to offer an amendment. On March The vote was taken by electronic de- Bishop (GA) Himes Quigley 15, 1909, a member of the majority party of- Bishop (NY) Hirono vice, and there were—yeas 234, nays Rahall fered a rule resolution. The House defeated Blumenauer Holden Reyes the previous question and a member of the 178, not voting 22, as follows: Boren Holt Richardson opposition rose to a parliamentary inquiry, [Roll No. 22] Boswell Hoyer Richmond Brady (PA) Inslee asking who was entitled to recognition. YEAS—234 Ross (AR) Braley (IA) Israel Rothman (NJ) Speaker Joseph G. Cannon (R-Illinois) said: Brown (FL) Jackson (IL) Adams Duncan (SC) Johnson, Sam Roybal-Allard ‘‘The previous question having been refused, Butterfield Jackson Lee Aderholt Duncan (TN) Jones Ruppersberger the gentleman from New York, Mr. Fitz- Capps (TX) Akin Ellmers Jordan Ryan (OH) gerald, who had asked the gentleman to Cardoza Johnson (GA) Alexander Farenthold Kelly Sa´ nchez, Linda yield to him for an amendment, is entitled to Carnahan Johnson, E. B. Altmire Fincher King (IA) T. Carney Kaptur the first recognition.’’ Amash Fitzpatrick King (NY) Sanchez, Loretta Austria Flake Kingston Carson (IN) Keating Because the vote today may look bad for Sarbanes Bachmann Fleischmann Kinzinger (IL) Castor (FL) Kildee the Republican majority they will say ‘‘the Schakowsky vote on the previous question is simply a Bachus Fleming Kline Chandler Kind Chu Kissell Schiff vote on whether to proceed to an immediate Barletta Flores Labrador Bartlett Forbes Lamborn Cicilline Kucinich Schrader vote on adopting the resolution . . . [and] Barton (TX) Fortenberry Lance Clarke (MI) Langevin Schwartz has no substantive legislative or policy im- Bass (NH) Foxx Landry Clarke (NY) Larsen (WA) Scott (VA) plications whatsoever.’’ But that is not what Benishek Franks (AZ) Lankford Clay Lee (CA) Scott, David they have always said. Listen to the Repub- Berg Frelinghuysen Latham Cleaver Levin Serrano lican Leadership Manual on the Legislative Biggert Gallegly LaTourette Clyburn Lewis (GA) Sewell Process in the United States House of Rep- Bilbray Gardner Latta Cohen Lipinski Sherman resentatives, (6th edition, page 135). Here’s Bilirakis Garrett Lee (NY) Connolly (VA) Loebsack Shuler Bishop (UT) Gerlach Lewis (CA) Cooper Lofgren, Zoe Sires how the Republicans describe the previous Blackburn Gibbs LoBiondo Costa Lowey Slaughter question vote in their own manual: ‘‘Al- Bonner Gibson Long Costello Luja´ n Smith (WA) though it is generally not possible to amend Bono Mack Gingrey (GA) Lucas Courtney Lynch Speier the rule because the majority Member con- Boustany Gohmert Luetkemeyer Critz Maloney Stark trolling the time will not yield for the pur- Brady (TX) Goodlatte Lummis Crowley Markey Sutton pose of offering an amendment, the same re- Brooks Gosar Lungren, Daniel Cuellar Matheson Thompson (MS) Buchanan Gowdy E. sult may be achieved by voting down the pre- Cummings Matsui Tierney Bucshon Granger Mack vious question on the rule. . . . When the Davis (CA) McCarthy (NY) Tonko Buerkle Graves (GA) Manzullo Davis (IL) McCollum Towns motion for the previous question is defeated, Burgess Graves (MO) Marchant DeFazio McDermott Tsongas control of the time passes to the Member Burton (IN) Griffin (AR) Marino DeGette McGovern Van Hollen who led the opposition to ordering the pre- Calvert Griffith (VA) McCarthy (CA) DeLauro McIntyre Vela´ zquez vious question. That Member, because he Camp Grimm McCaul Deutch McNerney then controls the time, may offer an amend- Campbell Guinta McClintock Dicks Meeks Visclosky Walz (MN) ment to the rule, or yield for the purpose of Canseco Guthrie McCotter Dingell Michaud Cantor Hall McHenry Donnelly (IN) Miller (NC) Wasserman amendment.’’ Capito Hanna McKeon Schultz In Deschler’s Procedure in the U.S. House Doyle Miller, George Carter Harper McKinley Edwards Moore Waters of Representatives, the subchapter titled Cassidy Harris McMorris Ellison Moran Watt ‘‘Amending Special Rules’’ states: ‘‘a refusal Chabot Hartzler Rodgers Engel Murphy (CT) Waxman to order the previous question on such a rule Chaffetz Hastings (WA) Meehan Eshoo Nadler Weiner [a special rule reported from the Committee Coble Hayworth Miller (FL) Farr Napolitano Welch on Rules] opens the resolution to amend- Coffman (CO) Heck Miller (MI) Fattah Neal Wilson (FL) Cole Heller Miller, Gary Filner Olver Woolsey ment and further debate.’’ (Chapter 21, sec- Conaway Hensarling Mulvaney tion 21.2) Section 21.3 continues: ‘‘Upon re- Fudge Owens Wu Cravaack Herger Murphy (PA) Gonzalez Pallone Yarmuth jection of the motion for the previous ques- Crawford Herrera Beutler Myrick tion on a resolution reported from the Com- Crenshaw Huelskamp Neugebauer NOT VOTING—22 mittee on Rules, control shifts to the Mem- Culberson Huizenga (MI) Noem ber leading the opposition to the previous Davis (KY) Hultgren Nugent Black Garamendi Pingree (ME) question, who may offer a proper amendment Denham Hunter Nunes Broun (GA) Giffords Pitts Dent Hurt Nunnelee Capuano Hinchey Rangel or motion and who controls the time for de- DesJarlais Issa Olson Conyers Hinojosa bate thereon.’’ Ros-Lehtinen Dold Jenkins Palazzo Diaz-Balart Honda Rush Clearly, the vote on the previous question Dreier Johnson (IL) Paul Doggett Larson (CT) Young (AK) on a rule does have substantive policy impli- Duffy Johnson (OH) Paulsen Emerson Mica Frank (MA) Petri

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JA7.004 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H482 CONGRESSIONAL RECORD — HOUSE January 26, 2011 b 1131 House on the State of the Union for the Also, I would just like to bring your Messrs. HOLT, GEORGE MILLER of consideration of the bill (H.R. 359) to attention to that same argument, and California, and Ms. WASSERMAN reduce Federal spending and the deficit that is, a ‘‘Dear colleague’’ that was SCHULTZ changed their vote from by terminating taxpayer financing of sent criticizing this bill said basically ‘‘yea’’ to ‘‘nay.’’ presidential election campaigns and the same thing: By creating a viable al- Mr. GRAVES of Missouri changed his party conventions, with Mr. ternative to private fundraising, the vote from ‘‘nay’’ to ‘‘yea.’’ LATOURETTE in the chair. public financing system was designed So the previous question was ordered. The Clerk read the title of the bill. to level the electoral playing field and The result of the vote was announced The CHAIR. Pursuant to the rule, the ensure that candidates remain ac- as above recorded. bill is considered read the first time. countable to voters, not special inter- Stated for: General debate shall not exceed 1 ests. Mrs. BLACK. Mr. Speaker, on rollcall No. hour equally divided and controlled by So does that mean, implicitly, Mr. 22, I was detained in committee. Had I been the chair and ranking minority mem- Chairman, that candidates who didn’t present, I would have voted ‘‘yea.’’ ber of the Committee on Ways and participate in the program are some- Mr. MICA. Mr. Speaker, on rollcall No. 22, Means and the chair and ranking mi- how not accountable to voters? I think I was unavoidably detained. Had I been nority member of the Committee on President Obama would say he’s really present, I would have voted ‘‘yea.’’ House Administration. accountable to voters. Stated against: The gentleman from Illinois (Mr. I reserve the balance of my time. Mr. HONDA. Mr. Speaker, during rollcall ROSKAM), the gentleman from Wash- b 1140 vote No. 22 on H.R. 54, the button did not ington (Mr. MCDERMOTT), the gen- record my ‘‘no’’ vote as the gavel fell. tleman from California (Mr. DANIEL E. Mr. MCDERMOTT. Mr. Chairman, I The SPEAKER pro tempore. The LUNGREN), and the gentleman from yield 3 minutes to the gentleman from question is on the resolution. Pennsylvania (Mr. BRADY) each will Maryland (Mr. VAN HOLLEN). The resolution was agreed to. Mr. VAN HOLLEN. I thank my col- A motion to reconsider was laid on control 15 minutes. league. the table. The Chair recognizes the gentleman from Illinois (Mr. ROSKAM). Mr. Chairman, I rise in strong opposi- f Mr. ROSKAM. Mr. Chairman, I yield tion to this measure, which, along with PARLIAMENTARY INQUIRY myself such time as I may consume. the Supreme Court’s radical decision in Mr. WEINER. Mr. Speaker, I rise for Mr. Chairman, last night, the Presi- Citizens United, takes our Nation’s a parliamentary inquiry. dent in this very Chamber issued us an campaign finance system in precisely The SPEAKER pro tempore. The gen- invitation. In that invitation, there the wrong direction: less transparency tleman may inquire. were several opportunities, but two of and less information for the voters. Mr. WEINER. Mr. Speaker, on the them I would like to highlight. One is, Americans from across the political bill we’re going to be considering he said this: He said he is willing to spectrum—Democrats, Republicans, shortly, the Presidential checkoff bill, eliminate whatever we can honestly af- Independents—want less special inter- there’s a requirement under the rules ford to do without. I take the President est money in politics, not more. They that the amendments be printed in the at face value that he’s interested in want clean, transparent, and competi- RECORD. Is that RECORD available? doing that. tive elections; and campaigns where The SPEAKER pro tempore. The The thing that the President issued candidates—those of us in this room Chair understands that the printed was an invitation where he said this: and Presidential candidates—rise and RECORD is not yet available. He said, in fact, the best thing we could fall based on the quality of their ideas, Mr. WEINER. Further inquiry, does do on taxes for all Americans is to sim- the strength of their arguments, and the Speaker have any guidance for the plify the Tax Code. their ability to attract support from House on when that RECORD might be Well, the law of governing Presi- the voters that they seek to represent. available so we can read what we’re dential election campaign funds in the What they don’t want are campaigns going to be considering in a matter of Presidential Primary Matching Pay- decided by how much secret money minutes? ment Account is located in the Inter- flows into an election from secret out- The SPEAKER pro tempore. The nal Revenue Code, which really inher- side groups. And they will no longer Chair does not currently have that in- ently makes no sense. tolerate, I believe, those politicians formation. Under the terms of House And I think during the course of this turning around and saying to those Resolution 54, any issue would become debate, Mr. Chairman, we’re going to citizens: You have no right to know ripe when the amendment process be- lay out the argument as to why the who is paying for what in our political gins. President’s first point can be greeted campaigns; you have no right to know Mr. WEINER. Thank you, Mr. Speak- and agreed to, that first goal that this who is paying for those TV advertise- er. is simply something that we can do ments you’re watching. f without. Let’s remember what we are talking GENERAL LEAVE Let me make a couple of quick about here. The current Presidential fi- points. I think it’s important to recog- nancing system that this bill would Mr. ROSKAM. Mr. Speaker, I ask nize the irony of the Statement of Ad- eliminate arose from public outrage in unanimous consent that all Members ministration Policy that was published the post-Watergate period. Rather than may have 5 legislative days in which to on January 25, and I’m reading in the Presidential candidates trafficking in revise and extend their remarks and in- third paragraph, he says—the adminis- secret slush funds, our Nation decided clude extraneous material on H.R. 359. tration, in criticism of this effort, says, that our democracy would be better f ‘‘Its effect would be to expand the served by a system of public disclosure, ELIMINATING TAXPAYER FINANC- power of corporations and special in- contribution limits, and emphasis on ING OF PRESIDENTIAL ELEC- terests in the Nation’s elections to smaller-dollar contributions matched TIONS force many candidates into an endless by the Presidential financing fund. The SPEAKER pro tempore. Pursu- cycle of fundraising at the expense of The system is voluntary, one line on ant to House Resolution 54 and rule engagement with voters on the issues.’’ our Tax Code, not complicated; and XVIII, the Chair declares the House in How can that be, Mr. Chairman? while not perfect, for most of its 36 the Committee of the Whole House on President Obama, when he was a can- years in existence, it has served this the State of the Union for the consider- didate in 2000 for the United States Nation well. Candidates from across ation of the bill, H.R. 359. Presidency, declined to participate in the political spectrum, from Ronald this fund, both in his primary and in Reagan to Jesse Jackson, have volun- b 1134 his general election. And if President tarily participated in the Presidential IN THE COMMITTEE OF THE WHOLE Obama has been able to rise above financing system. Accordingly, the House resolved that, I think other Americans can rise As my colleague on the other side of itself into the Committee of the Whole above that. the aisle mentioned there is no doubt

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.020 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H483 that the current law needs to be mod- Court told us that you do not in fact 2008, several candidates declined public ernized; it needs to be fixed. We saw lose your First Amendment rights be- financing for their primary campaigns. that in the last Presidential election. cause you happen to say it jointly with And as was mentioned by the gen- But rather than throw out something someone else. As a matter of fact, they tleman from Illinois, during the most that has served the country and the pointed out that some people with the recent Presidential election, for the electorate well for 36 years, let’s fix it. least amount of influence in a society first time, a nominee of one of our two And the gentleman from North Caro- actually expand their influence in the major political parties withdrew from lina (Mr. PRICE) and I and others have political debate by joining with others. the public financing during the general introduced legislation to do exactly And then the question that the Su- election and instead went on to raise that. preme Court answered was, if that as- record amounts of money for his cam- So rather than shielding an ava- sociation happens to be corporate in paign. And I recall when I thought we lanche of unlimited special interest nature, happens to be a union, happens heard a pledge to participate in this money from public view, we should to be a for-profit, happens to be a not- program because of the virtuous nature shine a light on it. We should do it by for-profit, whether that changes the of the program. Somehow that was lost modernizing the Presidential system, dynamic as contemplated by the First along the campaign trail. and we should also pass the DISCLOSE Amendment protections, and they told One of the things I would like to Act, which we could have brought up us it did not. So let’s get rid of that ca- point out is this: There is this idea that and voted on except for the previous nard here on the floor right away. This somehow we are going to be able to question was just defeated. has absolutely nothing to do with that. suppress money that goes into politics. Mr. Chairman, at the end of the day, This has absolutely nothing to do with The fact of the matter is it is like a our Nation’s democracy doesn’t belong corporate contributions to campaigns balloon, a water balloon. If you squeeze to Presidents or Members of Congress; or foreign contributions to campaigns, it on one side, it comes out on the it belongs to the voters who send us both of which remain illegal, with other side. The question is: How do we here, and we have a solemn responsi- criminal sanctions, under the law. get it within the system? bility to safeguard it on their behalf So let’s get that out of the way to We should be talking about the idea and protect it for future generations begin with so we don’t have a lot of de- of this silly demarcation between our from the lessons in corruption in his- bate here that has nothing to do with parties and our candidates where we tory. Let’s mend it. Let’s fix it. Let’s the bill before us. limit in extreme fashion the amount of not throw it out. Mr. Chairman, we find ourselves at a money that can be transferred or co- The CHAIR. The Committee will rise unique juncture in the longstanding de- ordinated, as if somehow that corrupts informally. bate over this issue; but, frankly, in re- the candidate to have him or her iden- The Speaker pro tempore (Mr. SMITH ality, it is a juncture no longer. Tax- tified with the very party they rep- of Nebraska) assumed the chair. payer financing of Presidential elec- resent. We ought to be working to- f tions and party conventions of the two wards those kinds of changes that will major parties is simply no longer de- allow a greater responsibility on the MESSAGE FROM THE SENATE fensible. party and the candidates to express A message from the Senate by Ms. The first tax liability contributions their positions and to hold to their po- Curtis, one of its clerks, announced from American taxpayers to be di- sitions, be responsible for their posi- that the Senate has agreed to a concur- verted toward the funding of Presi- tions. But no, we talk about these ways rent resolution of the following title in dential elections began 35 years ago in of how we are going to somehow reduce which the concurrence of the House is 1976. This new practice was, as we were the impact of money in campaigns. It requested: told by the other side, supposed to hasn’t worked under this system. It S. Con. Res. 3. Concurrent resolution hon- raise the public’s trust in their govern- hasn’t worked. ment as well as increase both the num- oring the service and sacrifice of Staff Ser- b 1150 geant Salvatore Giunta, a native of Hia- ber of candidates and, thus, electoral watha, Iowa, and the first living recipient of competition and the financial footing In addition to Presidential primaries the Medal of Honor since the Vietnam War. between parties. I believe, Mr. Chair- and general elections, if there is any- The SPEAKER pro tempore. The man, it has failed on all accounts. thing the American taxpayer should Committee will resume its sitting. It did allow us to have Lyndon not be subsidizing, I would say—as f LaRouche be a participant in the Presi- much as I enjoy them—it is the week- dential elections. I am not sure when long Presidential conventions. On our ELIMINATING TAXPAYER FINANC- we have had someone who had been side of the aisle, in our party, I think ING OF PRESIDENTIAL ELEC- subjected to a criminal conviction and we’ve had some indications of what I TIONS actually conducted part of his cam- consider to be wasteful spending in The Committee resumed its sitting. paign while still incarcerated, but that preparation for our upcoming conven- Mr. DANIEL E. LUNGREN of Cali- was brought to us by way of this fine tion; and to say to the taxpayer that, fornia. Mr. Chairman, I yield myself law. in light of that, we ought to continue such time as I may consume. Since 1976, approximately $1.5 billion to subsidize the production of our Pres- I rise today in support of H.R. 359, has been spent on this system. As we idential conventions by the two major which terminates the taxpayer financ- speak, there is a balance of $195 million parties, it is very difficult to articulate ing of Presidential election campaigns sitting in the Presidential Election and even to understand. and party conventions. Campaign Fund at the U.S. Treasury They are, as I say, grand fun, wonder- At the outset, I just want to mention Department. And yet this system of ful occasions—week-long party gath- in response to something that was said electoral subsidization has not changed erings that are, unfortunately, in this by the other side, this has absolutely the public’s perception of our Presi- day and age, largely symbolic. One nothing to do with the Citizens United dential elections or our politics. Ac- can’t even argue something important case decided by the Supreme Court. cording to one survey after another, is being decided because, unfortu- That changed not one iota of campaign Americans continue to harbor deep dis- nately, they ceased to have real signifi- finance law. Corporations still cannot trust of their elected officials. So does cance sometime ago, and that was part make contributions to campaigns or anyone think that our Presidential of our effort to try and cleanse the sys- candidates. It does not change that. elections over the past 35 years have tem. Citizens United had to do with the shown a virtuous progression toward Rather than having people selected question of whether or not one loses more accuracy and more honesty? by these delegates that come to these his or her First Amendment protec- Mr. Chairman, prominent Presi- conventions, we should move more and tions of free speech, particularly with dential candidates, candidates who more to the primary operation and, of respect to expressions of political na- even supposedly believe in this system, course, then earlier and earlier in the ture, merely because they associate have opted out of this taxpayer financ- season so that somehow it becomes a 2- with another person. The Supreme ing scheme in recent years. In 2004 and year event. I guess we’re already in

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.024 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H484 CONGRESSIONAL RECORD — HOUSE January 26, 2011 that. Taxpayers would be shocked, if Mr. Chairman, as we promised in the Last week, the new majority fast- not outraged, to discover that they Pledge to America and as we have tracked a health care reform repeal have been funding these extravagant promised here on the floor during these bill. This week, they expedite the re- photo ops. initial weeks of the 112th Congress and peal of this voluntary program without Mr. Chairman, as I mentioned, since as we have verified by our trans- the proper process. So I think the 1976, approximately $1.5 billion has parency-enhancing rules package, our Speaker may need to revisit his state- been spent on publicly funding our bipartisan votes to trim Congress’ ment about process and transparency. Presidential primaries, our Presi- budget and end excessive congressional In addition to the process concerns, I dential general elections, and our Pres- printing, by our determination to re- question the need for Congress to pass idential party conventions. The Amer- turn discretionary spending to fiscal this bill at all. I was here as a young ican taxpayer has paid enough for this year 2008 levels or less and now through staffer when the Judiciary Committee unwise experiment. I think it should be this bill, the Republican majority is took up the impeachment of President ended and the balance in the Presi- committed to fiscal stewardship, to Nixon. It is worth remembering that dential Election Campaign Fund and having a relentless eye on waste and the public finance system was created the Presidential Primary Matching inefficiency, and to a continued com- as a direct result of the Watergate Payment Account returned to the mitment through this 112th Congress scandal. Treasury to be used for deficit reduc- to reduce spending, to create private Remember Phillips Petroleum, which tion. I think we’d actually have the sector jobs, and to produce meaningful illegally contributed $498,000 to the American people cheering us for that. legislation that makes long-lasting re- Nixon campaign; or Ruth Farkas, who According to a 2010 Congressional forms. told the Watergate grand jury that she Budget Office estimate, the elimi- Mr. Chairman, if we, in fact, mean gave $300,000 to the Nixon campaign as nation of this program will save Amer- what we say when we say we are will- an explicit exchange for an ambas- ican taxpayers $617 million over the ing to look at those programs that al- sadorship to Luxembourg; or the Nixon next 10 years. ready exist and to judge whether or not tapes that revealed that Secretary Now, some could say, Well, that’s they have proven to be efficacious, or John Connally shook down dairy farm- your opinion. We have our opinion. efficient or successful, in promoting ers for $600,000 in contributions in ex- Why change things? the principles that underlie their pas- change for raising milk price sup- Well, why don’t we look to the opin- sage in the first place, we ought to ports—to the detriment of children ion of the American people. Not a bad start with this. This is a program that who needed milk around the country. idea in this House. Simply put, this almost 93 percent of the American peo- These incidents eroded public con- program does not have the support of ple who pay taxes reject, and we’re fidence, not only in the Nixon adminis- the American people. asking them to participate. Maybe we tration, but in the entire system. In re- Taxpayer support has declined pre- ought to listen to what they are saying sponse, pursuant to the General Wel- cipitously over time. I remember, and, instead, allow the savings gar- fare clause of the U.S. Constitution, years ago, I thought it was a good ex- nered by this particular bill to go to- Congress passed sweeping election re- periment. I thought it was a good idea. ward deficit reduction. forms, including the Presidential I checked off for some of my taxes to This bill, introduced by my colleague checkoff system. go to this program. I was in hopes that from Oklahoma, should garner over- Now, I would not argue that this sys- it would actually prove to be a good whelming bipartisan support. We tem is perfect at this time. I think it change. I, like most Americans, should thank him for introducing it— does need reform. though, who contributed to that in the and I do—and for his commitment to a b 1200 past, have given up on the program. We more responsible and efficient steward- don’t believe it gave us what we ship of taxpayer dollars. I would urge But I think mere elimination with- thought it might. my colleagues to understand what this out a committee process is a huge mis- In 1980, for instance, the percentage bill is and understand what it is not take. of taxpayers participating through and to support H.R. 359. I would hope that the committee their tax form checkoffs was 28.7 per- Mr. Chairman, I reserve the balance could convene, that we could sort cent. It was so popular that in 1985 it of my time. through what the problems are with was 23 percent. It proved so successful Mr. BRADY of Pennsylvania. Mr. this current system and how do we fix that in 1990 it was 19.5 percent. Boy, it Chairman, it is my pleasure to yield 3 them, work in a bipartisan way to cre- really proved itself by the year 1995, be- minutes to the gentlelady from Cali- ate the fixes, and then come to this cause then 12.9 percent of the American fornia (Ms. ZOE LOFGREN), a distin- House for the solution. taxpayers decided they’d participate. guished member of the Committee on I urge opposition to this bill. In the year 2000, it dropped to 11.5 per- House Administration. Mr. ROSKAM. Mr. Chairman, I yield cent. In 2005, it was 9.1 percent. Accord- Ms. ZOE LOFGREN of California. Mr. 4 minutes to the gentleman from Okla- ing to the IRS data obtained from the Chairman, I rise in opposition to H.R. homa, the author of the bill, Mr. COLE. FEC, the checkoff rate in 2010 was 7.3 359. Mr. COLE. I thank the gentleman for percent. This bill will unnecessarily eliminate yielding. In other words, on a direct vote, a the $3 checkoff box—it’s voluntary—on As I listen to my colleagues on the plebiscite taken by the taxpayers of tax returns to fund Presidential elec- other side of the aisle, I would just America, 92.7 percent reject the notion. tions, and it could increase the influ- urge them to read the bill. It’s only Now, where I come from, that’s a land- ence of special interests in the funding three pages long. slide. I think even in Chicago it would of Presidential campaigns. Frankly, most of the things I’ve be a landslide—even if you paid your Now, the bill has been fast-tracked heard so far don’t have anything to do taxes only once. by the Republican leadership—without with this legislation. This legislation Mr. Chairman, this candidate and any hearings, no markups, no respect doesn’t raise the legal contribution convention subsidy is obviously un- for the committee process. As a mem- limit for anybody. This legislation popular. To paraphrase one former ber of the House Administration Com- doesn’t allow corporate contributions. member of the Federal Election Com- mittee and as a former chair of the This legislation keeps in place all the mission, ‘‘Any system of public financ- Subcommittee on Elections, I am very disclosure requirements for Presi- ing must have popular support to suc- concerned by the end run around our dential campaigns that we currently ceed. Today’s low taxpayer checkoff committee and the lack of deference have. So those of you that are con- rates cast serious doubt on whether the shown to the committee and its mem- cerned about those things don’t need to public financing system has this sup- bers. be concerned about this bill. port. When only one in 13 taxpayers are Speaker BOEHNER promised 2 weeks H.R. 359 is really a very simple piece participating, it is very difficult to ago, when he took the Speaker’s gavel, of legislation. It does two things: It re- conclude that the public financing sys- more transparency in the legislative moves taxpayer funding for Presi- tem has broad popular support.’’ process and to focus on job creation. dential campaigns, and it eliminates

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.026 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H485 taxpayer funding for political party American, doesn’t build a single mile Now, did we put the perfect controls conventions by the two major parties. of interstate highway or infrastruc- in? No. Should we be amending this Now, I have to say, if you look at ture, doesn’t pay to defend the coun- bill? Yes. Because I don’t know what whether or not these ideas have been try; it simply goes to support a handful 2012 is going to cost—maybe $1 billion popular, historically they, frankly, of politicians that want to run for on either side. Sarah Palin will have $1 haven’t. When this was put in in the President, many of whom are marginal. billion and Barack Obama will have $1 1970s, the idea was that it would The CHAIR. The time of the gen- billion, and that will be all right with spread. It hasn’t. We don’t fund any of tleman has expired. everybody. But the problem with that our elections with taxpayer dollars, Mr. ROSKAM. I yield the gentleman is that the ordinary folks in this coun- our colleagues in the other body with 1 additional minute. try don’t have any opportunity to par- taxpayer dollars; and, frankly, as my Mr. COLE. So in an era where we ticipate. friend Mr. LUNGREN pointed out, pop- have to make genuinely hard decisions, They also know that people don’t ular participation in this program has to me, this is a no-brainer. This is a lot give $1 billion with no expectation of declined for almost 30 consecutive less important than a lot of the things something coming back. That’s what years, from a high of 28 percent in 1980 that we need to consider and a lot of happened in 1972. People gave money to barely 7 percent today. So there is the decisions that we will have to and they expected something back. not much indication that it’s popular. make. And that’s where the real fallacy here I need to say, for the record, that I There is leadership by lip service and is in simply wiping this out without philosophically have always been op- there is leadership by example. If my trying to fix it. It’s an admission that posed to taxpayer dollars being used friends on the other side think this is you do not care how much money gets the appropriate thing—and certainly if for political advocacy of any kind. spent in a Presidential campaign. And the President thinks it, he ought to Some of my friends on the other side if that’s your view of how the democ- lead by example and participate in the have a very different point of view, and racy works, I think we are in serious system. If not, we ought to recognize I respect that. We just have a philo- trouble. sophical difference. I think this is an it’s broken, end it, save the money; and I’m one of those who think there inappropriate use of public money. if somebody wants to rewrite a bill, should be publicly financed campaigns. Having said that, as I think even my then they ought to do that and let’s in- I think even my opponents against friends on the other side at least troduce it and have that debate. But me—I get 84 percent, but I think my right now, this is money we can’t af- tactically acknowledge, this is a pro- opponent ought to have an equal shot ford to waste and this is a system gram that is broken beyond belief. And at me. But the Congress didn’t put that the current system didn’t just begin to that’s broken. I urge my colleagues to support H.R. in this bill because they didn’t want break down in 2008. I’d go back to 2000. 359. Let’s get rid of this outdated sys- that. Neither did the Senate want that. President Bush didn’t use this system tem. They wanted to put it on the President during the primary campaign. He only Mr. MCDERMOTT. Mr. Chairman, I and say, well, we fixed it over there. used the public system during the gen- yield myself such time as I may con- We really need it for this House and eral election. Four years later, neither sume. the Senate as well as what’s going on President Bush nor Senator KERRY The short title of this bill ought to in the Presidential election. And to chose to use this system in the primary be ‘‘The White Flag of the United simply repeal this is bad public policy portion of the campaign. States Congress on Campaign Fi- and it is an admission that we don’t Fast-forward another 4 years to 2008, nance.’’ My distinguished colleague care. neither President Obama nor now-Sec- from Oklahoma says, if it’s broke, why I oppose the bill. retary Clinton chose to use this in the don’t we write a bill. That’s exactly STATEMENT OF ADMINISTRATION POLICY primary campaign. And the President, what the point is. There weren’t very H.R. 359—TERMINATION OF PUBLIC FINANCING OF having committed to use it in the gen- many people on this floor who were in- PRESIDENTIAL CAMPAIGNS AND PARTY CON- eral, then chose not to use it in the volved in politics when this whole VENTIONS general—certainly his right—but said thing blew up. You’ve forgotten 1972. (Rep. Cole, R–Oklahoma, and 18 cosponsors, at the time he still thought it was a We wrote a bill in the Congress—we Jan. 25, 2011) great idea and that some day we ought didn’t, but the Congress wrote a bill. The Administration strongly opposes to go back and fix it. House passage of H.R. 359 because it is crit- Interestingly enough, they left them- ical that the Nation’s Presidential election Now, I will say this for the President. selves out of it, but they tried to con- Having said that, we haven’t seen any public financing system be fixed rather than trol how much money went into a Pres- dismantled. action on that front. He has been in of- idential campaign. Now, if you don’t The Presidential election public financing fice for 2 years. There has not been a index it for inflation or do some kind of system was enacted in the aftermath of the proposal from the White House to fix mechanism, it’s pretty clear that a law Watergate scandal to free the Nation’s elec- this system. In fact, as my friends on written with the limits of 1972 is going tions from the influence of corporations and the other side of the aisle know, cur- to be pretty out of date by 2012. other wealthy special interests. Rather than rently he is planning to run for reelec- There are some things we could do to candidates having to rely on raising large tion; he is setting up a campaign. sums of private money in order to run, the change this process and make it more system provides qualifying presidential can- There has been a lot of thought on how in sync with what’s going on in society didates with the option of accepting match- to raise the money and how to put to- financially. But by saying you repeal it ing funds in the primary and a public grant gether a campaign, but no proposal with nothing to replace it, you simply in the general election. It has done so at from the administration to actually fix are saying we don’t care how much minimal cost to taxpayers, who fund it by the system that they purport to sup- money is spent in the election of the voluntarily choosing to direct $3 of their port and that they said years ago they President of the United States; it is of Federal taxes to this beneficial system. For were going to try and fix. That’s not no concern to the Republican Party many years, the system worked well and at- true, by the way, of every Member on whatsoever. tracted wide participation. In time, however, It fits very nicely with the Citizens it became clear that a system introduced in the other side. There have been some the 1970s was in need of modernization and that have, I think, genuinely tried to United lawsuit that allows corporate repair. Beginning in the 2000 Presidential fix things, but let’s recognize this sys- money to come in in a variety of other campaign, candidates began to opt out. Since tem has been in decline and decay for a ways. And the system is now so corrupt that time, promising proposals for the long time. that what you heard my colleague from strengthening of the system have been made. Now the estimates are that we could California say, that is, all the things H.R. 359 would kill the system, not save $612 million over a 10-year period. that were uncovered as a result of Wa- strengthen it. Its effect would be to expand We all know in this Chamber we have a tergate and the investigation that fol- the power of corporations and special inter- ests in the Nation’s elections; to force many $1.4 trillion deficit problem. Governing lowed and led to the ejection of the candidates into an endless cycle of fund- is choosing and prioritizing. This is President from the White House, was raising at the expense of engagement with $612 million that doesn’t feed a single because we didn’t have any controls on voters on the issues; and to place a premium American, doesn’t educate a single anything. on access to large donor or special interest

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.028 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H486 CONGRESSIONAL RECORD — HOUSE January 26, 2011 support, narrowing the field of otherwise and by JOHN MCCAIN in 2008—although bring available funds into line with the worthy candidates. After a year in which the in recent years the need for moderniza- increased costs of campaigns, adjust Citizens United decision rolled back a cen- tion has become evident. the program to the front-loaded pri- tury of law to allow corporate interests to Perhaps the best example of this pro- mary calendar, and enhance the role of spend vast sums in the Nation’s elections and to do so without disclosing the true in- gram’s success is President Ronald small donors further. It also would re- terests behind them, this is not the time to Reagan, who participated in the Presi- move public funding of political con- further empower the special interests or to dential public financing system in all ventions, as their roles indeed have obstruct the work of reform. three of his Presidential campaigns in changed since the system was first Mr. Chairman, I ask unanimous con- 1976, 1980, and 1984. instated. This bill has been carefully sent that the remainder of my time be In his 1976 primary campaign, Reagan designed. It deserves deliberation and controlled by the gentleman from had less than $44,000 in campaign debate through the normal committee Pennsylvania (Mr. BRADY). money at the end of January of 1976 process in this body. The CHAIR. Is there objection to the while his opponent, incumbent Presi- At a time when confidence in govern- request of the gentleman from Wash- dent Gerald Ford, had fifteen times ment is low and assumptions of govern- ington? more cash on hand. The $1 million in ment corruption are high, why is the There was no objection. public funds that Reagan received in new majority trying to return us to the January and the $1.2 million that he dark days that preceded Watergate? 1210 b received in February were essential in Why would we even want to con- The CHAIR. The Chair would advise allowing him to continue his campaign. template such a thing? that there is now a single manager on Reagan was once again short of cash Let’s, instead, restore and improve the Democratic side of the aisle. at the end of March and was allowed to our public financing system and move The gentleman from Pennsylvania continue as a result of an infusion of on to real solutions to put our Nation’s has 191⁄2 minutes, the gentleman from public money, which matched small fiscal house in order. Illinois has 71⁄2 minutes, and the gen- private contributions. This illuminates Mr. DANIEL E. LUNGREN of Cali- tleman from California has 3 minutes. one way that public financing has fornia. Before I yield 1 minute to our Mr. BRADY of Pennsylvania. Mr. worked in both parties. It has often majority leader, I’d like to take 15 sec- Chairman, it is my pleasure to yield 6 benefited candidates who challenge the onds to say when I find myself on the minutes to the gentleman from North party establishment. floor listening to my colleagues on the Carolina (Mr. PRICE). In later elections, due to his broad other side declaring Ronald Reagan to Mr. PRICE of North Carolina. Mr. base of supporters throughout the Na- be the patron saint of Democratic Chairman, I rise in opposition to H.R. tion, Reagan was able to capitalize on Party ideas, I am bemused a bit be- 359, a bill summarily repealing our sys- his small-donor fund-raising capacity cause I served here when Ronald tem of public funding for Presidential to accrue substantial amounts of pub- Reagan was President, and I don’t re- elections. lic money. In fact, even in 1984 when he call those same words at that time. The process by which this bill has was seeking reelection without signifi- However, at this time I would like to been brought to the floor—no hearings, cant opposition from within his own yield 1 minute to the majority leader, no committee consideration, no mark- party, President Reagan raised about the gentleman from Virginia (Mr. CAN- up, no deliberation—is the opposite of 60 percent of his campaign funds from TOR). responsible legislating. It contradicts small donors and as a result received Mr. CANTOR. I thank the gentleman. everything the Republican majority $9.7 million in matching funds. This Mr. Chairman, over the past 2 years, committed to a mere 3 weeks ago. was the maximum amount of public the legislative schedule of this House The process is atrocious; the sub- money a primary candidate could re- was dominated by spending money, not stance is even worse. This repeal bill ceive in accordance with the law at cutting spending. But after the people would destroy one of the proudest and that time. And to this day, President voiced their displeasure in November, most successful examples of reform Reagan is the only candidate ever to the discussion in this town is now fo- that followed the Watergate scandal. reach that public funding primary cam- cused on rolling back the unchecked Have we forgotten what the Watergate paign maximum. growth of government and Federal ex- scandal was about? The Committee to My colleagues, the Reagan case is penditures. Re-Elect the President, fueled by huge merely illustrative of the positive ef- Our majority is dedicated to cut and quantities of corporate cash, paying for fects that public financing has had in grow: cutting spending and job-de- criminal acts and otherwise subverting both parties at both the primary and stroying regulations; growing private the American electoral system. general election stages. It also high- sector jobs and the economy. The hallmark of the Federal Election lights the system’s focus on small do- Yesterday, we directed the Budget Campaign Act of 1974—enacted in re- nations, rather than big bucks from Committee chairman to set spending sponse to Watergate at a time when large contributors. This is no free ride. levels so we return non-defense discre- public confidence in the government This is no willy-nilly spending pro- tionary spending to 2008 levels or was dangerously low—the hallmark gram. All primary candidates must below. was our voluntary program of public fi- seek the support of thousands of small Today, the American public, through nancing for Presidential elections. To donors, and only then do they receive the YouCut program, has put on the this day, this innovative reform stands matching public funds. chopping block an example of unneces- as the flagship of public financing sys- Today one could wish not for this Re- sary government waste. Specifically, tems used in the United States and one publican juggernaut—flying in the face this bill would eliminate the Presi- of the greatest steps we have taken to of the positive history of this program, dential Election Campaign Fund, an bring transparency and accountability flying in the face of prior Republican outdated mechanism that provides to our electoral system. support, flying in the face of respon- Federal tax dollars to candidates in The Supreme Court, in affirming the sible legislating—but for a bipartisan Presidential primaries in the form of constitutionality of the system, noted effort to repair the system, to restore matching funds and general elections its basic purposes: ‘‘To reduce the dele- its effectiveness. and subsidies for the Democratic and terious influence of large contributions I don’t know of any policy challenge Republican National Conventions. on our political process, to facilitate that exemplifies the maxim ‘‘mend it; Eliminating this program would save communication by candidates with the don’t end it’’ better than this one. taxpayers $617 million over 10 years electorate, and to free candidates from Yesterday, Congressman VAN HOLLEN and would require candidates and polit- the rigors of fundraising.’’ and I reintroduced a bill, H.R. 414, that ical parties to rely on private contribu- Presidential public financing has would do just that. The White House tions rather than tax dollars. worked remarkably well—being uti- has cooperated in formulating this bill. In times when government has no lized in the general election by every It would modernize the Presidential choice but to do more with less, voting Republican and Democratic Presi- public financing system and again to end the Presidential Election Cam- dential nominee from 1976 through 2004 make it an attractive and bill would paign Fund should be a no-brainer. I

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JA7.007 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H487 urge my colleagues to vote in favor of The President’s statement is abso- bent President has zero intention of this measure. lutely saying one thing while doing the giving up his gargantuan financial ad- Mr. BRADY of Pennsylvania. I now opposite. A New York Times editorial vantage in his reelection campaign by yield 2 minutes to the gentlelady from on January 24 of this year said, ‘‘ERIC opting out of one of the most perfect California (Ms. WOOLSEY). CANTOR is targeting for extinction the systems of public financing we could b 1220 publicly subsidized Presidential cam- possibly adopt. paign finance system adopted in the I ask the supporters of public financ- Ms. WOOLSEY. Mr. Chairman, one of wake of the Watergate scandals.’’ ing for Presidential campaigns, are you the things that the Republicans will Wrong. It was President Obama who willing to adopt a system that makes accomplish with this legislation to killed it and made a mockery of public it mandatory for all candidates to par- upend the Presidential campaign fi- financing of Presidential campaigns ticipate in the system? And can you nance system is to drown out the voice unequivocally pledge that the Presi- of the people and to give more power, with his arrogant pressing of self-ad- dent’s reelection committee will agree not less, to their well-heeled special in- vantage, his unprecedented move to de- to be bound by your new system? And terests. Actually, this repeal bill is the cline public financing for the first and if not, I would suggest you are preach- beginning of the end of any hope for a only time since the adoption of this system of public financing for all elec- system. ing at the wrong end of Pennsylvania In disparaging the majority leader, tions in this country. Avenue. So Mr. Chairman, I am not surprised. the Times went on to say that, ‘‘We The CHAIR. The Chair would advise After all, the majority largely owe suspect his real motive is to give an Members that the gentleman from Illi- 1 their unprecedented spending levels in even bigger voice to big-money con- nois has 2 ⁄2 minutes, the gentleman 3 the last election thanks to the Citizens tributors in Presidential campaigns.’’ from California 1 ⁄4 minutes, and the 1 United decision that turned on the Once again, the record needs cor- gentleman from Pennsylvania 11 ⁄2 min- spigot of anonymous, unaccountable recting. No campaign in American his- utes remaining. corporate cash. And in keeping with tory had more maximum donors, at The Chair would further advise that the spirit of secrecy and lack of trans- $30,400 per person, than Obama for ascribing unworthy motivations or in- parency, it’s somehow fitting that this America. Much has been made of that tentions to the President of the United bill comes to the floor without any committee’s legendary prowess in gen- States or another Member of the hearings, without any committee refer- erating small donors over the Internet. United States Congress is inappro- ral, without full debate or deliberation. But that committee also had a record- priate. We have a deeply corrupt campaign shattering haul among big donors, Mr. BRADY of Pennsylvania. Mr. system, Mr. Chairman. Special interest bundlers, and influence peddlers. But Chairman, it is my honor to yield 1 money is having a corrosive effect on such is the right for Mr. Obama as a minute to our Democratic leader, the our democracy, eating away at the peo- candidate in America. gentlelady from California (Ms. ple’s confidence in their government However, when he alone has refused PELOSI). and their elected Representatives. The to participate in public financing of a Ms. PELOSI. I thank the gentleman one beacon of light in this system is general election for a Presidential for yielding. the public financing of Presidential campaign, his protestations ring rather Thank you for your leadership, Mr. campaigns. It is, I would remind every- hollow. No one has made more of the BRADY, and participating in this impor- one, a voluntary system. Americans system operationally obsolete than tant discussion, as fundamental as our must choose to opt in on their tax re- Barack Obama. Actions do speak loud- democracy, on the floor today. turns. It has served the country well, er than words. And Barack Obama Mr. Chair, I rise today to urge this at limited expense. It needs updating. alone has refused to participate on the Congress to focus on our number one It does not need to be dismantled. We level playing field that existed in pub- priority, the creation of jobs. This is a need more public financing, in all of licly financed Presidential general priority for the American people and our Federal elections, not less. H.R. 359 election campaigns in history. for this Congress. We should be focus- goes in exactly the wrong direction. It was not that the system was anti- ing on it. That was the message we I urge my colleagues to vote ‘‘no.’’ quated that forced Barack Obama to heard last night from President Obama Mr. ROSKAM. Mr. Chairman, I yield break a very sanctimonious campaign on this floor, who called on us to out- 5 minutes to the gentleman from Illi- promise to participate in public financ- educate, out-innovate, and out-build nois (Mr. SCHOCK). ing. It was his decision to put expedi- the rest of the world. Mr. SCHOCK. Mr. Chairman, earlier ency over his expressed support for the But instead of talking about job cre- this month I read articles about Presi- Democrat mantra of public financing. ation, this legislation we debate today dent Obama’s reelection campaign It was all about a ruthless pressing of will not create jobs, will not reduce the plans on raising upwards of three-quar- self-advantage, despite a core cam- deficit, and will not strengthen the ters of a billion dollars. There is no paign theme of promising to rise above middle class. And those are the stand- system of public financing for our Pres- self-interested politics. ards we should apply to any legislation idential elections that can accommo- Today, we will hear about on the that comes to the floor. Instead, it will date anywhere near that level of spend- floor measures to address the inadequa- put American elections more squarely ing. That is why I believe the Presi- cies of the system and the need to re- into the hands of special interests. dent’s strong opposition to legislation pair the system. First, I want to note One year ago, the Supreme Court de- abolishing a system the President him- an earlier New York Times editorial on cision in Citizens United opened the self found unworkable in reality is pro- June 20, 2008, which stated, ‘‘Senator floodgates to unlimited, uninhibited, foundly hypocritical. Russ Feingold, the ranking authority undisclosed special interest spending in Putting out a statement of adminis- on campaign finance reform, rightly our elections and unlimited special in- tration policy that states repealing the points out that while the primary cy- terest influence over our public policy public financing system would, quote, cle’s public matching subsidies are debate. In response to the Citizens ‘‘force many candidates into an endless ‘broken’ and need updating for infla- United ruling, Democrats worked to re- cycle of fundraising at the expense of tion, ’the system for the general elec- store transparency, fairness, and ac- engaging with the voters on the issues; tion is not’.’’ countability to our political process. and to place a premium on access to Secondly, I ask my Democratic col- Last Congress, with bipartisan support, large donors or special interest sup- leagues this: Have any of you received the House passed the DISCLOSE Act to port, narrowing the field of otherwise the specifics of what it would take to require corporations and donors to worthy candidates’’—what incredible change the law that would cause Presi- stand by your ad. Why are you running audacity. This is like the proverbial ar- dent Barack Obama’s campaign to and hiding? And to keep foreign-owned sonist child who kills his parents by abide by public spending limits in the entities from participating in our elec- setting their house on fire and then ap- general election for 2012? Because with- tions. peals for sympathy by exclaiming he is out those specifics, this debate is not But Senate Republicans blocked DIS- an orphan. grounded in the reality that the incum- CLOSE. Even though it came out of the

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.033 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H488 CONGRESSIONAL RECORD — HOUSE January 26, 2011 House with bipartisan support, Senate my judgment that is tailor-made for We learned from our witnesses. They Republicans blocked DISCLOSE from elimination than this program. gave us their opinion and they gave us even receiving an up-or-down vote, and In overwhelming fashion, the people their education on what they thought, now House Republicans are perpet- of Arkansas and indeed the people of pro and con. To bypass that, which we uating a sneak attack on campaign fi- America spoke loud and clear last year have never done before in our com- nance reform. about the need to reduce spending in mittee, I think is wrong. We should The result was clear in the last elec- this country. The gentleman from have had our hearings and let it hap- tion. Special interest groups spent tens Oklahoma talked about the fact that pen. of millions of dollars more in the 2010 this program does not educate anyone; There’s no reason why we have to election than ever before. Again, undis- it doesn’t feed anyone; it doesn’t rush this thing over to the Senate. I closed, without identification. There is produce a mile of interstate highway. would doubt very much if they’re sit- a reason they don’t want it disclosed. The gentleman from California articu- ting there waiting for it. And we could First of all, if the public knew who was lated the declining participation in have taken our time, done our hear- paying for those ads, they would real- this checkoff program. I don’t think ings, which we do in a complete and ize that their own personal interests there’s a better barometer out there nonpartisan way; and we could have were not being served, but the special for the overwhelming support that the had this thing thrashed out, we could interests. That’s our experience in people have for this particular meas- have aired it out, people could have put California, where we had a special in- ure. their amendments in, they could have terest initiative placed on the ballot by I urge my colleagues to join me offered amendments at our committee outside oil companies. And the strong- today and vote in favor of H.R. 359. level, we could have aired it out per- est statement against the initiative Mr. BRADY of Pennsylvania. Mr. fectly and gotten much more education was to see the disclosure at the bottom Chairman, I yield myself such time as and maybe had a chance to reform it of the ad as to who was funding it. I may consume. for the better. That spoke more eloquently to the fact Mr. Chairman, I rise today in opposi- While reforming the Presidential fi- that it was not in the people’s interest. tion to H.R. 359. Adopted in the shadow nancing system is an important effort And the initiative was defeated. of the Watergate scandal, the public fi- which I support, the next Presidential nancing of Presidential elections eases election is 2 years away. This bill does b 1230 the burden of fund-raising campaigns not create or save a single job. Zero. Eliminating the Presidential Elec- and lessens the impact of private dona- None. tion Fund, as this election would do, tions by a small number of wealthy do- There is a time and a place for cam- opens the door for foreign-owned enti- nors. paign reform. While here might be the ties and large corporations to enjoy an Since 1976, candidates from across place, now is certainly not the time. I even greater role in the funding of po- the political spectrum have used the urge my colleagues to oppose this bill litical campaigns. public financing program to run for and to get back to the important task In the past, Members from both sides President. Is the system perfect? Abso- of putting the American people back to of the aisle have supported legislation lutely not. The system needs to be re- work. to reform, not eliminate, the public fi- formed, not repealed. I heard one of my Mr. Chairman, I reserve the balance nancing system. We should come to- colleagues on the floor mention that of my time. The CHAIR. The Chair would advise gether to ensure that the American our President, President Obama, opted that the gentleman from Pennsylvania people are heard and that they are not out of this program. That was his still has 81⁄2 minutes. The majority side drowned out by special interest dollars. choice. I do not think we should be in has a combined 31⁄4 minutes. The gen- In our democracy—and God bless our a position to legislate the American tleman from Illinois is reserving; the Founders for establishing it—voters de- people’s choice. That’s their choice, to gentleman from California is reserving. termine the outcome of our elections. opt out or to check that box. I don’t The order of closing that the Chair That’s the way it should be. Special in- think we have the right to do that, nor would prefer in this instance would be terests should not be determining the should we do that. that the gentleman from Pennsylvania outcome of our elections. One year With the Supreme Court’s decision in would exhaust time on the minority after the Supreme Court’s decision un- Citizens United little over a year ago, side; we will then move to the gentle- dermined that fundamental American we are already well on our way to elec- men on the majority side for conclu- value, let’s come together to fight on tions brought to the American people sion. behalf of the public interest, to pre- by the highest corporate bidder. If this Mr. BRADY of Pennsylvania. Mr. serve the integrity of our political bill passes, there will be even more in- Chairman, it is my pleasure to yield as campaigns; and, therefore, to strength- centive for foreign controlled compa- much time as he may consume to, in en our democracy. And maybe we nies to secretly invest in political my opinion, an expert on this matter, could, instead of undermining it here causes that could help move American the gentleman from North Carolina today, strengthen our country by cre- jobs overseas. Companies that (Mr. PRICE). ating jobs, by reducing the deficit, by outsource jobs will have a very simple Mr. PRICE of North Carolina. I strengthening the middle class, none of message to Presidential candidates— thank the gentleman. which is being done by this legislation. support our agenda, or face the con- I am pleased to close for our side I urge my colleagues to oppose this sequences. This bill takes secret cor- with a plea to our colleagues that they effort to further empower the special porate dominance of our elections to not dismantle, in an irresponsible and interests over the people’s interest. the next level. summary fashion, one of the proudest Mr. ROSKAM. Mr. Chairman, I yield This bill is also being considered at achievements of post-Watergate polit- 1 minute to the gentleman from Arkan- the wrong time and under the wrong ical reform in this country. sas (Mr. WOMACK). circumstances. Less than 3 weeks ago, I also can’t let pass what the gen- Mr. WOMACK. I thank the gentleman the American people were promised an tleman from Illinois (Mr. SCHOCK) said for yielding. open Congress, a Congress that allowed about our President. Of course we want Mr. Chairman, last night just a few for open debate, one that allows for President Obama, we want all Presi- seats down from where I stand, I lis- open rules. The American people are dential candidates, to opt into this sys- tened to our President say that he still waiting. In consideration of this tem. We’ve made it about as clear as would offer his support to eliminate matter, the committee process was we possibly could that the bill that the whatever we can honestly afford to do completely disregarded. There have gentleman from Maryland (Mr. VAN without. I stand here today in this been no hearings. No testimony from HOLLEN) and I have introduced is de- House Chamber feeling a little less like witnesses either for or against. No signed to make it feasible once again a freshman representative of the markup. No refining in the committee for candidates to participate in the United States Congress and more like a or input from experts. Zero. None. public financing system. guy presiding over the people’s choice When we did the DISCLOSE Act, we But the gentleman from Illinois— awards. There is no better program in had three hearings and 17 witnesses. talk about having it both ways—comes

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.037 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H489 onto this floor to condemn President We could not meet as a full com- defended the results of this system. I Obama for opting out of the system, mittee until we had a complement of urge passage of this bill. and then he proposes to abolish the both Democrats and Republicans. We Mrs. CAPPS. Mr. Chair, I rise today in op- system so that everybody has to opt established our side several weeks ago. position to H.R. 359. out! Neither President Obama nor any- I am sorry that happened. We will This deeply flawed legislation would do one else could participate. The logic of have plenty of hearings in the future away with a voluntary program that helps en- that is way beyond me. on this and other issues. sure transparency in our elections. Of course we want a system that What is the current system that we Created in the wake of Watergate, the presi- works. We know the system needs to be are hearing the other side defend? dential election public financing system— adjusted. And we have constructive ef- What has it given us? It has given us which this bill would eliminate—has helped forts under way to do just that. What Lyndon LaRouche, but it would pre- stop corporate interests from buying elections we should be doing, instead of having vent Eugene McCarthy from being a with large anonymous donations. this up-or-down exercise on the floor successful Presidential candidate. While I’m disappointed that Republicans are today, with no committee consider- That’s what we don’t hear. playing political games with our election safe- ation, is actually undertaking that The system works against some peo- guards, I can’t say that I’m surprised. H.R. 359 kind of discussion, that kind of reform, ple like a Eugene McCarthy, who was a is just the latest effort by the new Majority to that kind of improvement. poor fundraiser but managed to have a undermine our campaign finance laws in favor There is a bipartisan history here. number of people who supported him, of Wall Street Banks and foreign corporations. There is a bipartisan history of sup- who gave him large contributions. This political gimmick comes one year after And yet he was able to change the porting this program; a bipartisan his- the catastrophic Citizens United Supreme course of history, bringing down a sit- tory of participating in the program. I Court ruling that opened the floodgates to un- ting President and allow for—well, he assume that is out of fashion now for limited and anonymous special interest spend- was called the Pied Piper of the youth our Republican colleagues. ing in our elections. vote. Last year my Democratic colleagues tried to But under the pretense of achieving So let’s understand the complexity of repair some of the damage done by passing fiscal responsibility, to come to this the history of this law. The fact of the the DISCLOSE Act—a bill that would require chamber and abolish one of the proud- matter is, Mr. Chairman, this law has corporations to stand by their advertisements est and most successful of our reform failed us. It has failed the American and to keep foreign-owned entities from fund- efforts—that does a disservice to the people. new majority and to this House. It also The American people have rendered ing our elections. Virtually all Republicans voted against this violates all the pledges we had 3 weeks their judgment. Nearly 93 percent of bill in the House, and their colleagues in the ago—of hearings, committee consider- the American people who paid taxes Senate blocked it from consideration. ation, markups. None of that has been have voted ‘‘no’’ to this system. That Mr. Chair, this bill is nothing more than a done. This is simply an up-or-down ought to give us good guidance as to thinly veiled attack on transparency in our vote, as I say, flying under the false where we could find savings to bring elections that does absolutely nothing to cre- colors of fiscal responsibility. down our national debt. We have a chance to take on this As I understand it, we are going to ate American jobs or encourage economic challenge—to mend it, not end it—to have an amendment from the Demo- growth. In fact, by shifting our election system make certain that we preserve this re- cratic side of the aisle which causes to favor big business, this legislation could form, but to adjust it to the realities of any money saved here to go to bringing strengthen the power of companies that ship modern campaigning. down the debt. I hope that it comes for- American jobs overseas. I urge my colleagues to stand up for an b 1240 ward, and I will support it. I hope we have the support of our col- open and transparent election process, and To simply abolish this, to once again leagues for this bill. vote no on this deeply flawed legislation. turn over Presidential financing to big Mr. ROSKAM. Mr. Chairman, I yield Mr. WAXMAN. Mr. Chair, I rise in strong op- private and corporate interests, to myself the balance of my time. position to H.R. 359, which repeals nearly 40 overlook the abuses, the problems that The CHAIR. The gentleman is recog- years of reforms in how our Presidential elec- led to this system in the first place, nized for 13⁄4 minutes. tion campaigns are funded. It is a great dis- falls far short of what we should be Mr. ROSKAM. Mr. Chairman, the mi- service to our democracy and to fundamental about as responsible legislators look- nority leader was on the floor a couple democratic processes. ing out for our country’s best interests. of minutes ago—and I know the weath- As with the House vote to repeal the Afford- I ask for Members to look at our leg- er is urgent, I didn’t want to prolong able Care Act, this sweeping measure has islation, to repair and rejuvenate the this drama—but it seemed to me to been brought up for a vote without any hear- public funding system and in the mean- make the argument that this doesn’t ing, without any testimony, without any docu- time to reject this summary attempt do anything as it relates to economic mentation, and without any opportunity for to destroy one of the proudest achieve- growth is just an incredible overstate- those who support current law to state their ments of reform. ment. case before the American people. The new Mr. BRADY of Pennsylvania. Mr. One of the things that we continue to Republican leadership pledged to be open, Chairman, I yield back the balance of hear, and the President’s own debt transparent, and fair in the workings of the my time. commission spoke eloquently about the House. These good principles are simply Mr. DANIEL E. LUNGREN of Cali- nature of debt and the stifling nature being ignored, once again. fornia. Mr. Chairman, I yield myself of debt on the economy and the stifling I don’t believe the American electorate the balance of my time. nature of spending on the economy. wants to have even more corporate influence The CHAIR. The gentleman from Here the Congressional Budget Office in Presidential elections. During the midterm California is recognized for 13⁄4 min- says, without ambiguity, the Congres- election season, there was no call to scrap our utes. sional Budget Office says H.R. 359 public finance system, but there was a real Mr. DANIEL E. LUNGREN of Cali- would reduce direct spending by $617 sense of concern and a vigorous debate about fornia. First of all, Mr. Chairman, the million over the 2011–2021 period. the huge amounts of corporate funds that en- ranking member of our committee has This is an opportunity for us to take tered the campaign season as a result of the been very fair in the proceedings that the admonition of the minority leader, Supreme Court’s ruling in Citizens United last he had with us over the last number of to take the admonition of the Presi- year. years, and I appreciate that. We will dent, to take the admonition of what H.R. 359 would undermine processes that continue that tradition. the electorate told us in November and have been an essential part of our electoral We were unable to have any hearings that is to concentrate on ways that we system since the Federal Election Campaign or consideration of this matter before can trim this government, the burden Act Amendments of 1974 were enacted in the our committee until yesterday when on the taxpayer that adds absolutely wake of the greatest corruption scandal in we finally were told by the minority no value. modern American history, Watergate. Water- party as to who they wish to have on There is not one Member on this gate was marked, in significant measure, by our committee. House floor, Mr. Chairman, that has revelations of massive amounts of cash from

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K26JA7.040 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H490 CONGRESSIONAL RECORD — HOUSE January 26, 2011 undisclosed sources being funneled into our nance system established by Congress in the erwise restrictive two-party dominated system. presidential election campaigns and expended wake of Watergate which has helped can- The system is broken and has not kept pace without proper accountability. Congress re- didates whose voices would not otherwise be with the new campaign environment, but on sponded with significant reforms that restored heard to participate in federal elections. the anniversary of Citizens United, a decision the integrity of our Presidential elections. Mr. Chair, we were promised more trans- that upended a century of law that had For decades there has been a consensus parency and regular order from the new Re- brought transparency to our electoral process, that public funding of Presidential campaigns publican majority. But we are considering this the last thing we need are presidential cam- is preferable to special interest funding. Every legislation six days after it was introduced, by- paigns more beholden to private donations. Republican and Democratic Presidential nomi- passing the committee process of hearings This piecemeal approach of addressing this nee from 1976 through 2008, except for and mark-ups. I applaud the majority for allow- nation’s fiscal woes is wrong and insufficient. Barack Obama, used the public finance sys- ing amendments; but, the truth is, this bill is so You can’t right-size the deficit through spend- tem for their general election campaigns. The tightly written that few amendments are ger- ing cuts alone. We must change the way we system is contingent on support from private mane. And in the height of hypocrisy, the ma- do business by addressing defense, Social donors; there is a match of public funds, which jority is using an estimate provided by the Security, Medicare and Medicaid. Until this are donated on a purely voluntary basis by non-partisan Congressional Budget Office to happens, we will have a very long and unpro- Americans who want to promote honest elec- justify savings to taxpayers, the same agency ductive Congress that fails to address the tions. The system makes campaigns possible which the majority party was decrying just last long-term stability of our economy. for candidates who initially do not have access week when it reported that repeal of the health H.R. 359 will eliminate the system when we to substantial funding. It encourages the care reform law would add to the deficit. need—more than ever—to strengthen it. Get- broadest participation by candidates across Unlike my friends across the aisle, I will not ting rid of the public financing option in Presi- the political spectrum. This strengthens our dismiss the CBO’s score of this legislation as dential elections would close the path that democracy and the vibrancy of political cam- somehow deceptive. However, the bill’s sav- leads back towards a better, more transparent paigns, thereby serving the interest of the ings over 10 years amounts to less money democracy where the candidate can more American people. than is spent in 1 month on the war in Afghan- clearly hear the voters, not large corporate in- Proposals have been introduced in recent istan. Mr. Chair, I agree that we need to find terests. Congresses to strengthen and improve the solutions to our deficit problems but this is not Mr. HOLT. Mr. Chair, I rise today in strong public finance system, which has had difficulty one of them. Rather, eliminating the public— opposition to H.R. 359, a bill that would termi- providing sufficient funding to meet the almost financing system will cost us much more in the nate the public financing system for presi- uncontrollable escalation in the costs of run- long term, requiring our elected officials to dential election campaigns. The vast majority ning for President. We should be considering spend more time raising money to keep up of Americans oppose the damage done to the legislation today to update and improve it, not with the corporate spending in elections than integrity of the electoral system by the Citizens to destroy it. legislating. United v. FEC, which opened the floodgates Although the public finance system runs on Everyone agree that the presidential public for corporate spending in elections. According voluntary contributions, the Republican leader- campaign financing system must be fixed. to a Washington Post poll, 80 percent of ship has promised that getting rid of it will con- Fewer Americans are checking the box on Americans oppose the ruling, with little dif- trol the deficit. In reality it will only further lard their tax forms to contribute to it. President ference reflected by party affiliation (85 per- Presidential campaigns with special interest Obama eschewed it in 2008 in favor of receiv- cent of Democrats oppose it, 76 percent of money. ing small dollar donations via the Internet. Let Republicans, and 81 percent of independents). Like our vote on the Affordable Care Act us work together, in a bipartisan fashion, to re- Yet, inexplicably, the majority is celebrating last week, the Republicans can vote to repeal form the system and make it work for the 21st the one-year anniversary of that disastrous our landmark post-Watergate reforms without century. As the Washington Post editorial said, and poorly-reasoned decision by offering a bill offering anything to replace them. Their indif- ‘‘fix the system—don’t junk it.’’ that would make that damage vastly worse. ference toward the public interest is a threat to Mr. BLUMENAUER. Mr. Chair, I strongly op- the integrity of future elections. pose H.R. 359. This bill terminates the Presi- Frankly, I believe we would be moving just I urge my colleagues to vote against this dential Election Campaign Fund, which pro- plain backwards if, instead of building upon legislation. vides grants and matching funds during a the public financing system for presidential Mr. DINGELL. Mr. Chair, I rise in strong op- presidential campaign for primary candidates, elections by updating it and adding to it a sys- position to H.R. 359, which would eliminate general election nominees, and party conven- tem of public financing for House and Senate the presidential public campaign financing sys- tions. races, instead, we remove the public financing tem. A year ago, the Supreme Court handed Elections are not the problem in America. system for presidential elections. So far, the down one of its most devastating decisions in Our troubles don’t stem from a case of too new majority seem focused on undoing land- recent memory, ruling in Citizens United vs. much non-special interest money. mark legislative achievements rather than the FEC that corporations could spend unlim- Every year, nearly 40 million Americans vol- strengthening them. ited amounts in elections to argue for the elec- untarily choose to support the public financing I find two aspects of this bill particularly puz- tion or defeat of a candidate. The ruling in- system by directing $3 of their Federal taxes zling. First, it is being offered to ‘‘reduce Fed- deed opened the floodgates: corporate and to the fund. This program, with little expense eral spending and the deficit by terminating special interests spent nearly $300 million in to the taxpayer, has played an important role taxpayer financing of presidential election the 2010 midterm elections, four times what of increasing transparency, ensuring that cam- campaigns and party conventions.’’ But noth- was spent during the 2006 midterms. paigns are funded at an appropriate and sus- ing in the bill would specifically reduce either Citizens United provided corporations like tainable level, and strengthened the voice of federal spending or federal borrowing. The Exxon Mobile and Goldman Sachs the same small-donor Americans. Presidential Election Campaign Fund is fund- free speech rights under the First Amendment While I appreciate that this bill has been ed exclusively by a check-off box on Ameri- as teachers, factory workers, and janitors. And brought to the floor under a modified open cans’ tax returns, stating that they want $3 ($6 yet, at a time when most Americans are fed rule, that does not excuse the fact H.R. 359 for joint returns) of their tax liability to be de- up with the amount of special interest money bypassed committee hearings, silencing a posited in the Fund. If that check-off box were flowing in Washington, the Republican party much-needed debate. In an era of half-a-bil- removed, their tax liability would be the same, wants to make it easier for corporate voices to lion dollar—and growing—presidential cam- but the $3 or $6 would simply be allocated to be heard. Moreover, these corporate dona- paigns, public financing needs reform, not re- something else. That is, the size of the rev- tions can be funneled to tax-exempt organiza- peal. enue pie would be the same but the slice that tions that do not have to disclose their donors, This system was first used 35 years ago in would have been spent on presidential elec- decreasing transparency when Americans the wake of Watergate to ease pressure on tion campaigns would simply be spent on want more of it. political candidates, enabling them to spend something else, and nothing in the bill would Last year, the House passed a bipartisan more time connecting with voters and less prevent additional borrowing to increase the bill to increase disclosure and transparency in time securing large contributions. size of the pie. federal elections. Unfortunately, the legislation Before costs outstripped financing, the sys- In addition, even if the entire existing bal- died in the Senate. The last thing we need to tem helped every candidate from 1976 to ance of the fund were transferred to the counteract the harmful Citizens United deci- 2008, increased the number of viable con- Treasury, as called for by the bill, according to sion is to eliminate the public campaign fi- tenders, and promoted competition in an oth- the fiscal year 2011 budget the unobligated

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\K26JA7.019 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H491 balance in the fund is approximately $200 mil- from the manipulative force of wealthy and countability.’’ He went on, ‘‘Above all else, we lion. The national debt is more than $14 tril- powerful special interests. will welcome the battle of ideas, encourage it, lion. So transferring $200 million to the Treas- I strongly oppose this bill and, for the sake and engage in it—openly, honestly, and re- ury for the express purpose of debt reduction of preserving the voice of the American people spectfully.’’ Bringing forth such sweeping legis- would only reduce the debt by one one-thou- in elections, I urge my colleagues to do the lation without committee hearings and mark- sandth of one percent. The majority argue that same. ups completely contradicts these promises. this bill would save hundreds of millions of dol- Ms. JACKSON LEE of Texas. Mr. Chair, I Public financing of presidential campaigns lars in mandatory funding over the next dec- rise in strong opposition to H.R. 359, termi- provides matching tax dollars to the small do- ade, but the only thing it seems to do is keep nating voluntary taxpayer financing of presi- nations received by candidates who agree to those hundreds of millions of dollars out of the dential elections. This legislation seeks to end publicly finance their campaigns, instead of re- Presidential Election Campaign Fund. a 35-year-old program that uses money tax- lying on private donations. The intent is to en- That is how little would be gained. But what payers choose to help pay for presidential courage small donations and the burden on would be lost? That brings me to the second campaigns and political conventions. The im- taxpayers is not much: Americans can volun- aspect of this bill that is puzzling. The Presi- petus for creating this public-financing system tarily contribute $3 to the fund on their federal dential Election Campaign Fund is a com- was the 1970s Watergate scandal and the de- tax filings. The public finance system was cre- pletely voluntary program. It only exists be- sire to make fundraising for presidential elec- ated in the aftermath of the Watergate scandal cause people volunteer to participate in it. Al- tions more transparent. This bill would termi- in the mid-1970s. After President Richard Nix- though tax-payer designations have decreased nate the taxpayer option to designate a mere on’s re-election campaign was found to have in recent years, the American people volun- $3 of income taxes to the financing of presi- illegally accepted hundreds of thousands of tarily contributed the more than $1.3 billion dential campaigns, thereby also eliminating dollars from big corporations, Congress cre- that presidential candidates and party commit- the Presidential Election Campaign Fund and ated a public financing system so that can- tees have received under the program be- the Presidential Primary Matching Payment didates would not have to rely on corporations tween 1976 and 2004. Why would the Amer- Account. and deep pocketed donors to finance their ican people voluntarily contribute that much Currently, taxpayers can designate a $3 campaigns. money to the program if they didn’t prefer the contribution to the public-financing system by Legislation to make presidential public fi- neutrality of public money being used to fi- checking a box on their federal income tax nancing more competitive has won support nance elections to the bias and manipulative form. The money comes from taxes paid to from both parties in the past. In 2003, Sen- potential of private money being used for that the U.S. Treasury and does not affect a per- ators Russ Feingold and JOHN MCCAIN intro- purpose? son’s tax refund or payment. Passing this leg- duced a bill that would reform the public fi- Similarly, virtually all American presidential islation would do irreparable harm to our presi- nancing system; Reps. Christopher Shays and candidates have voluntarily participated in the dential election system by preventing everyday Marty Meehan filed a companion bill in the program since it was founded. With the excep- Americans from having their voices heard House. ‘‘The public financing system for presi- tion of President Obama, every single Repub- while opening the door for special interests dential elections, which aims to allow can- lican and Democratic presidential nominee and large corporations to dominate presi- didates to run competitive campaigns without since 1976 has used the public financing sys- dential elections even more. This legislation becoming overly dependent on private donors, tem to fund their general election campaigns. would prevent patriotic, tax-paying grand- is a system worth improving and preserving,’’ Why would the majority—with no real fiscal mothers who may not be technologically savvy the lawmakers said in a joint statement. benefit ensured by this bill—terminate a pro- enough to go to the Web site of a presidential More recently, Rep. DAVID PRICE introduced gram that both the citizens and the candidates campaign but who have for years and dec- the Presidential Fund Act, which would notably have voluntarily supported for decades? ades checked this box from expressing their increase the funds available to candidates The Citizens United decision is drowning out civic right to support a presidential campaign. who opt in to public financing. In 2007, when the voice of the average citizen under a tidal I think we should all stand up for grand- PRICE introduced his bill, cosponsors included wave of corporate spending. The Presidential mothers throughout this great Nation and op- three Republicans—Reps. Mike Castle of Election Campaign Fund amplifies the voice of pose this legislation. Delaware, TODD PLATTS of Pennsylvania, and the average American as against the voice of Furthermore, this attempt to fast-track a bill Shays. Rep. PRICE has offered the bill again in corporate America. It is a critical and valuable that will destroy the presidential public finance the 112th Congress with Rep. VAN HOLLEN. program that we should be updating, enhanc- system and privatize election fundraising is Since 1976, every Democratic and Repub- ing and expanding, as a number of Members highly irresponsible. This violates recent lican presidential candidate has used the pub- of this body have been seeking to do. For ex- pledges by the GOP’s leadership of increased lic financing system except Barack Obama’s ample, Representative PRICE of North Carolina transparency, accountability and debate in 2008 campaign. The way reformers see it, the and Representative VAN HOLLEN championed Congress. Not one hearing has been held on presidential public financing system needs re- in the prior Congress, and reintroduced yester- the legislation, nor has a single committee de- pair, not repeal. This legislation has drawn day with my support, legislation that would in- bated its merits at a markup. If it passes, this sharp criticism from campaign- finance watch- crease the role of small donors and decrease legislation will roll back more than 30 years of dog groups who argue that the program the role of corporate spenders and other big law born out of the Watergate scandal, evis- should be expanded, not eliminated, to reduce donors in presidential campaigns. It would cerating one of the few remaining protections special-interest money in elections. also eliminate spending limits, freeing up can- stopping corporations from heavily influencing Meredith McGehee, policy director at the didates to compete with the onslaught of cor- American elections even more. The Supreme Campaign Legal Center, says the amount of porate spending resulting from Citizens Court already opened the floodgates to unre- public funds currently available to candidates United. And it would increase the amount stricted special interest spending in our elec- is too small to be competitive in modern presi- available in the fund by increasing the tax re- tions and over our public policy debate in the dential races. She says lawmakers need to turn check-off amount from $3 to $10 (and Citizens United case; this legislation would update the system to better emphasize small from $6 to $20 for joint filers). Representative pave the way for special interest groups, large donations to candidates and raise the total LARSON and Representative JONES also cham- corporations, and other large donors to domi- amount of public funding available. ‘‘Imagine if pioned legislation that would establish a pro- nate the political landscape even more at the you didn’t make any changes to the tax code gram of public financing for House elections. I expense of everyday, hard-working, tax-paying since 1976. Of course public financing is out- think these efforts are the ones we should be Americans. dated. The issue, then, is not to get rid of, but devoting our time to. House Republicans’ much-touted ‘‘Pledge to how to fix.’’ I want to reiterate—the check-off box for the America’’ criticized Democrats for ‘‘limiting Craig Holman from the public interest group Presidential Election Campaign Fund is a openness and debate’’ during the legislative Public Citizen says his organization and others strictly voluntary funding mechanism. Keeping process and vowed to ‘‘ensure that bills are like it will urge lawmakers to oppose the it does not constitute an appropriation. Elimi- debated and discussed in the public square.’’ GOP’s bill because it violates the GOP’s nating it does not, in and of itself, reduce The pledge says the GOP ‘‘will fight to ensure transparency promises, both on the 2010 cam- spending or borrowing. Eliminating it in this transparency and accountability in Congress paign trail and now as the House majority. case would simply take away the only national and throughout government.’’ And in Speaker ‘‘This just came out of the blue, has had no program American citizens and presidential JOHN BOEHNER’s first remarks after taking con- deliberation and no discussion within the Re- candidates have been able to use to help en- trol of the House, he spoke of a greater em- publican and Democratic conferences,’’ Hol- sure that elections are as free as possible phasis on ‘‘real transparency’’ and ‘‘greater ac- man says. ‘‘They have just been seated and

VerDate Mar 15 2010 05:58 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A26JA7.012 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H492 CONGRESSIONAL RECORD — HOUSE January 26, 2011 they’re already breaking the ground rules on Wall Street banks have tried to stop legislative tion) after the date of the enactment of this how they’ll do business.’’ fixes. The Supreme Court has shown its will- section, or to any candidate in such an elec- This legislation is strongly opposed by ingness to overturn a century’s worth of legis- tion.’’. (B) TRANSFER OF EXCESS FUNDS TO GENERAL Americans for Campaign Reform, the Brennan lation designed to protect our electoral system. FUND.—Section 9006 of such Code is amended Center for Justice, Common Cause, Democ- Now this Congress is about to vote to remove by adding at the end the following new sub- racy 21, the League of Women Voters, People the voluntary public financing system put in section: for the American Way, and U.S. PIRG, to place in the wake of the Watergate Scandal. ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER name a few. My friends in the new majority say that the TERMINATION.—The Secretary shall transfer I urge my colleagues to oppose this legisla- system is broken, and I agree. all amounts in the fund after the date of the tion, which would be damaging to our democ- That is why I have introduced, year after enactment of this section to the general fund racy. year, a Constitutional amendment, H.J. Res. of the Treasury.’’. Ms. KAPTUR. Mr. Chair, this past Thursday (2) TERMINATION OF ACCOUNT.—Chapter 96 of 6, to ensure that no corporation, no Wall subtitle H of such Code is amended by adding marked the one year anniversary of the United Street bank, no big oil company, no deep at the end the following new section: States Supreme Court’s ruling on the case pocket interest will be able to buy elections. ‘‘SEC. 9043. TERMINATION. Citizens United v. Federal Elections Commis- I believe, the only long-term solution is to ‘‘The provisions of this chapter shall not sion. amend the United States Constitution. apply to any candidate with respect to any That is the day the liberty of the American America’s founders had the wisdom to know presidential election after the date of the en- Republic want on sale to the highest bidder. that as our young Republic matured, changes actment of this section.’’. And today, the House gathers to remove would need to be made. (c) CLERICAL AMENDMENTS.— one of the few remaining tools the average (1) The table of sections for chapter 95 of That is why they wrote Article V of the subtitle H of such Code is amended by adding American has to voluntarily participate in a United States Constitution, which allows for at the end the following new item: presidential election—let me remind those in amendments to the Constitution. ‘‘Sec. 9014. Termination.’’. support of H.R. 359 that the average Amer- The time has come to exercise this Con- (2) The table of sections for chapter 96 of ican is not a multi-national corporation with stitutional right and fundamentally protect subtitle H of such Code is amended by adding hundreds of millions of dollars at their dis- American liberty. at the end the following new item: posal. Additonally, H.J. Res. 8, another amend- ‘‘Sec. 9043. Termination.’’. My friends on the other side have said that ment I have introduced, will amend the Con- The CHAIR. No amendment to the this bill has nothing to do with the Citizens stitution to give Congress the authority to set bill shall be in order except those United case; I respectfully disagree. limits on the amount of contributions that may printed in the portion of the CONGRES- Because of the overreaching ruling in Citi- be accepted by a candidate. SIONAL RECORD designated for that pur- zens United, not only are large corporations Congress cannot allow a tidal wave of big pose and except pro forma amendments now allowed to reach into their deep pockets money to drown the integrity of our electoral for the purpose of debate. to spend unlimited funds in support of those system. Citizens United v. Federal Elections The Chair would advise, in light of running for office. But they can pay for political Commission was not a question of First the gentleman from New York’s par- advertisements in the days leading up to an Amendment rights; instead, it was an oppor- liamentary inquiry earlier, that the election—a provision previously banned by the tunity to protect the voices of average Ameri- printed RECORD is available. Bipartisan Campaign Reform Act. cans who have been silenced by hugh cor- Each amendment printed may be of- The winner in this case was not Citizens porate bank accounts. fered only by the Member who caused United and the loser was not the Federal Elec- One year ago this free Republic suffered a it to be printed or a designee and shall tions Commission. The winners are multi-na- staggering blow. be considered as read. tional corporations and Wall Street. The loser Today, we must be firm and resolute in our AMENDMENT NO. 1 OFFERED BY MR. PETERS is the liberty of the American people. For if response. Mr. PETERS. Mr. Chairman, I have money = free speech, then lack of money = I urge my colleagues to protect public fund- an amendment at the desk. lack of free speech. ing, to vote in favor of the Polis amendment, The CHAIR. The Clerk will designate Corporations have always had heavy influ- and to vote NO on H.R. 359. the amendment. ence in the U.S. government. But today, as a The freedom and liberty our founders envi- The text of the amendment is as fol- result of the Supreme Court’s decision one sioned truly is at stake. lows: year ago, we have entered a new era in the Mr. ROSKAM. I yield back the bal- Page 2, line 23, strike ‘‘Treasury.’’ and in- corporate ownership of America. ance of my time. sert ‘‘Treasury, to be used only for reducing In this past mid-term election, the fallout of The CHAIR. All time for general de- the deficit.’’. Citizens United v. FEC saw close to $4 billion bate has expired. The CHAIR. Pursuant to the rule, the poured into the mid-term cycle. This was an Pursuant to the rule, the bill shall be gentleman from Michigan is recognized all-time record. considered for amendment under the 5- for 5 minutes in support of his amend- It is frightening to imagine how much money minute rule for a period not to exceed ment. will be spent during a presidential election 5 hours and shall be considered read. Mr. PETERS. Mr. Chairman, there is year if public financing is stripped. The text of the bill is as follows: a strong bipartisan agreement that the Four billion dollars—a record-breaking H.R. 359 long-term health of our economy ne- amount of money—was spent at a time when Be it enacted by the Senate and House of Rep- cessitates confronting persistent budg- our country’s unemployment hovers near 10 resentatives of the United States of America in et deficits and the growing national percent. Congress assembled, debt. That gross amount of cash came from big SECTION 1. TERMINATION OF TAXPAYER FINANC- Democrats and Republicans were able business and Wall Street. To claim the Citi- ING OF PRESIDENTIAL ELECTION to work together to create balanced zens United made no difference in the billions CAMPAIGNS. budgets in the 1990s and a similar at- (a) TERMINATION OF DESIGNATION OF INCOME spent is absurd. TAX PAYMENTS.—Section 6096 of the Internal tempt is needed now. A few justices on the Supreme Court curi- Revenue Code of 1986 is amended by adding While I appreciate the efforts of the ously decided that giant banks—which have at the end the following new subsection: Republican leadership to put forward a already taken so much from the American ‘‘(d) TERMINATION.—This section shall not specific budget cut, I have serious con- people—are deserving of the same protection apply to taxable years beginning after De- cerns with eliminating the public cam- under the First Amendment of the Constitution cember 31, 2009.’’. paign financing system. However, if the as the very people they hurt. (b) TERMINATION OF FUND AND ACCOUNT.— House is going to vote on this, we owe Wall Street has stripped the average Amer- (1) TERMINATION OF PRESIDENTIAL ELECTION it to the American people to ensure CAMPAIGN FUND.— ican of their retirement funds, their homes, that the funds are actually used for (A) IN GENERAL.—Chapter 95 of subtitle H and drown our society in debt; now the Su- of such Code is amended by adding at the end deficit reduction and not for additional preme Court has stripped them clean of their the following new section: spending. Constitutional right to a free democracy. ‘‘SEC. 9014. TERMINATION. When I was reading the text of this This is unacceptable. ‘‘The provisions of this chapter shall not legislation, I was surprised to find that Those who benefit from the big money that apply with respect to any presidential elec- the bill does not make specific provi- is injected into elections by big business and tion (or any presidential nominating conven- sions for using the remaining money in

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JA7.014 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H493 the Presidential Election Campaign The CHAIR. The Clerk will designate Let’s face it, too, this is voluntary. Fund to reduce the deficit. This is why the amendment. This is the voluntary checkoff on your I am putting forward my amendment The text of the amendment is as fol- income tax form that taxpayers all that will ensure that the $194 million lows: across America can decide if they want in tax dollars currently sitting in the Page 2, amend line 21 to read as follows: to do this or not. This is not something Presidential Election Campaign Fund ‘‘to the Office of Justice Programs for local that is mandatory upon all taxpayers will be used to reduce the deficit law enforcement for costs of providing secu- across the country. And if folks around should this legislation become law. rity at Presidential nominating conven- the country, if taxpayers want to say, As introduced, H.R. 359 would trans- tions.’’. voluntarily, We want to help keep big fer this money to the Treasury’s gen- b 1250 money out of campaigns and we want eral fund where it could be dedicated to to help cover local security issues, then new spending or lent to government Mr. ROSKAM. Mr. Chairman, I re- we should be following through with trust funds. My amendment would sim- serve a point of order against the that commitment and not eliminating ply specify that upon transfer to the amendment. it, not giving them any choice at all. Treasury, these funds are to be used The CHAIR. A point of order is re- Overall, if the majority will not ac- only, to be used only, for reducing the served. cept this amendment, since you have deficit. The gentlewoman is recognized for 5 raised the point of order, and it seems This is about sending a message to minutes. like you don’t want to bring it up to a taxpayers. If we are going to put deficit Ms. CASTOR of Florida. Mr. Chair- vote, I would urge everyone to vote reduction in a bill’s title, then we man, I rise today in support of the Cas- ‘‘no’’ on H.R. 359 because it puts in dan- should make sure the deficit reduction tor amendment to safeguard the local ger dollars that can be used by the City is in the statutory language as well. government security funds that come of Tampa, the Tampa Bay area, and It is a matter of fact that the bill, as from the Presidential Election Cam- other communities for security, trans- introduced, simply returns the $194 paign Fund. I know a lot of the debate portation, preparation, and other al- million in the Presidential Election has been focused on public campaign fi- lowable purposes. Campaign Fund to the Treasury’s gen- nancing of Presidential campaigns, but This amendment intends to replace eral fund and it is from this fund that another important portion of that fund the $100 million we spend for security most expenditures are made, as well as goes to local communities to help them every 4 years with funding from this loans to a number of government trust with local security and local law en- voluntary fund. If we kill this fund, funds. If we are going to pass a bill to forcement costs when they host a polit- we’re going to be hurting many local reduce the deficit, let’s make sure it ical party convention. communities such as my hometown of actually does that. And we’re very proud in my home- It is not uncommon or unprecedented Tampa. The host committee will be town of Tampa to be the host of the to specify funds being returned to the way behind the eight ball. They’re Treasury to be used for deficit reduc- 2012 Republican convention. It’s no doing a good job but, boy, this was a tion. In fact, I am proud to be a bipar- wonder that the Republicans selected commitment, this is the law, and tisan cosponsor of two Republican bills Tampa; it’s a wonderful place. We have you’re going to really stick it to them introduced this session, one by my col- beautiful beaches. We need the business by taking these security funds away. league from Michigan, Chairman CAMP, and the jobs. So we’re going to be a So let’s vote on making our commu- and Representative GINGREY, that very welcoming community. We do nities safe when we rally a democracy would codify the requirements that conventions very well. And we’re very under our political conventions. unspent funds from the Members’ rep- happy that we’re going to play host to Mr. Chairman, at this point, since resentational allowances be used spe- the Republican convention. the majority party has offered a point cifically for deficit reduction. But here are great warning flags of order, it appears that they are not This amendment basically uses the going off because what I hear from my going to allow this amendment and same language as in both of those bills local law enforcement community is probably the next one to come up for a by Mr. CAMP and Mr. GINGREY. If Con- that the security costs, especially in vote. So because the majority has gress is going to send a message to tax- the post-9/11 world, are very daunting. raised a point of order to prevent a payers that cutting spending is a top They are very concerned with the cost vote on my amendment, I reluctantly priority, then let’s make sure those re- of providing security for the Repub- ask unanimous consent to withdraw covered funds are actually used to re- lican convention, just like, I think, any both of my amendments, which would duce the deficit. host community would be for any have safeguarded our security funds for My amendment is a commonsense party convention. local law enforcement. change that ensures that the stated So what this amendment does is it The CHAIR. Without objection, the purpose of this bill, deficit reduction, says that, rather than completely do amendment is withdrawn. will actually be carried out. away with this fund, we will retain the There was no objection. I yield back the balance of my time. portion that will cover local law en- AMENDMENT NO. 4 OFFERED BY MS. TSONGAS Mr. ROSKAM. Mr. Chairman, I rise forcement security costs. We’re going Ms. TSONGAS. Mr. Chairman, I have in support of the amendment. to need this help. an amendment at the desk. The CHAIR. The gentleman from Illi- What I understand from my col- The CHAIR. The Clerk will designate nois is recognized for 5 minutes. leagues in Minneapolis after the last the amendment. Mr. ROSKAM. I wholeheartedly agree convention is that they received over The text of the amendment is as fol- and ask that it be passed. $16 million from this fund to help them lows: I yield back the balance of my time. Add at the end the following: The CHAIR. The question is on the cover the costs of security, yet that wasn’t enough to fully cover all the SEC. 2. PROHIBITION ON THE USE OF FEDERAL amendment offered by the gentleman FUNDS FOR PRESIDENTIAL CAM- cost. And let me tell you, in this econ- from Michigan (Mr. PETERS). PAIGN AND LOBBYING ACTIVITIES. The question was taken; and the omy right now, in an area where we With respect to Federal funds received by Chair announced that the ayes ap- were hard hit by the recession in 2007, an entity, other than a natural person, it early 2007, our local governments sim- shall be unlawful for such entity to— peared to have it. (1) use such funds to advocate the election Mr. PETERS. Mr. Chairman, I de- ply don’t have the wherewithal to go this extra mile and cover all of these or defeat of a Presidential candidate; mand a recorded vote. (2) use such funds to engage in any lob- The CHAIR. Pursuant to clause 6 of security costs. bying activity; or rule XVIII, further proceedings on the So what I’m asking through this (3) donate such funds to any entity that ad- amendment offered by the gentleman amendment, as we come together in a vocates for the election or defeat of a Presi- from Michigan will be postponed. bipartisan way to cover those local law dential candidate or engages in lobbying ac- AMENDMENT NO. 2 OFFERED BY MS. CASTOR OF enforcement costs, is let’s not throw tivities. FLORIDA out the entire fund. Let’s retain this Mr. ROSKAM. Mr. Chairman, I re- Ms. CASTOR of Florida. I have an amount, or what’s left in the fund, to serve a point of order against the amendment at the desk. go to cover these local security costs. amendment.

VerDate Mar 15 2010 03:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.045 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H494 CONGRESSIONAL RECORD — HOUSE January 26, 2011 The CHAIR. A point of order is re- There was no objection. able to check that box and voluntarily served. AMENDMENT NO. 6 OFFERED BY MS. MOORE make a donation in the same amount The gentlewoman from Massachu- Ms. MOORE. Mr. Chairman, I have an to the Presidential Election Campaign setts is recognized for 5 minutes. amendment at the desk. Fund. Ms. TSONGAS. Mr. Chairman, it is The CHAIR. The Clerk will designate What’s important here is not whether my intention to withdraw, however re- the amendment. a President uses the fund or doesn’t use luctantly, the amendment. But I would The text of the amendment is as fol- the fund. What’s important is to pre- like to thank my colleagues on the lows: serve the opportunity for the average other side of the aisle for giving me Strike all after the enacting clause and in- American to have that speech and the this opportunity to discuss what I be- sert the following: opportunity to say loud and clear that lieve is a critically important issue for SECTION 1. TAXPAYER OPTION TO CONTRIBUTE they support clean, good, and fair our democracy. OWN FUNDS TO PRESIDENTIAL elections. My amendment is straightforward. ELECTION CAMPAIGNS. b 1300 Entities that received Federal funds (a) IN GENERAL.—Section 6096 of the Inter- may not use those funds, be they bail- nal Revenue Code of 1986 is amended to read My amendment, instead of elimi- outs, earmarks, grants, or payments as follows: nating the entire program, lets Ameri- for contracts, toward the election or ‘‘SEC. 6096. CONTRIBUTIONS OF OWN FUNDS BY cans make a donation out of their own INDIVIDUALS. defeat of a Presidential candidate. pockets. Good government groups are ‘‘(a) GENERAL RULE.—Every taxpayer who I understand what my colleagues on against the underlying bill, such as the makes a return of the tax imposed by chap- League of Women Voters, Common the other side of the aisle hope to ac- ter 1 for any taxable year may designate complish with the underlying bill that $3 ($6 in the case of a joint return) in ad- Cause, Democracy 21, and Public Cit- today. They want to protect taxpayer dition to any payment of tax for such tax- izen. Rather than eliminating the pub- dollars. Saving taxpayer dollars is a able year shall be paid over to the Presi- lic financing system, we should be noble goal, particularly in these tough dential Election Campaign Fund in accord- working together in a bipartisan man- economic times. ance with the provisions of section 9006(a). ner to reform it and improve it. Unfortunately, this bill eliminates ‘‘(b) MANNER AND TIME OF DESIGNATION.— Now, I understand that a point of Any designation under subsection (a) for any order is being reserved against my the voluntary fund that taxpayers taxable year— elect to put toward campaign financing amendment because CBO has scored ‘‘(1) shall be made at the time of filing the my amendment as saving only $400 mil- and does nothing about the much larg- return of the tax imposed by chapter 1 for er share of taxpayer dollars that can such taxable year and in such manner as the lion over 10 years, while the underlying now go to campaign financing with no Secretary may by regulation prescribe, ex- bill saves $600 million. So I think given say from taxpayers. If we are truly se- cept that such designation shall be made ei- that my amendment does contribute to rious about protecting taxpayer dol- ther on the first page of the return or on the deficit reduction, we shouldn’t throw lars, it is these dollars we should be page bearing the taxpayer’s signature, and the baby out with the bath water. ‘‘(2) shall be accompanied by a payment of Understanding, Mr. Chairman, that a concerned with. We should ensure that the amount so designated.’’. corporations and other entities receiv- point of order has been reserved, I ask (b) CLERICAL AMENDMENT.—The item relat- unanimous consent to withdraw my ing taxpayer money cannot turn ing to section 6096 in the table of sections for around and use that same money to fi- part VIII of subchapter A of chapter 61 of amendment. The CHAIR. Is there objection to the nance Presidential campaigns. such Code is amended to read as follows: request of the gentlewoman from Wis- The Supreme Court, in Citizens ‘‘Sec. 6096. Contributions of own funds by in- United, allowed corporations to have dividuals.’’. consin? There was no objection. unlimited influence in elections. It re- (c) EFFECTIVE DATE.—The amendments The CHAIR. Are there further made by this section shall apply to taxable moved longstanding protections that amendments to the bill? prevented corporations from making years beginning after the date of the enact- AMENDMENT NO. 5 OFFERED BY MR. POLIS large contributions to candidates and ment of this Act. Mr. POLIS. Mr. Chairman, I have an drowning out the voices of everyday Mr. ROSKAM. Mr. Chairman, I re- serve a point of order against the amendment at the desk. Americans trying to participate in our The CHAIR. The Clerk will designate amendment. democracy. In the wake of Citizens the amendment. United, public financing of Presidential The CHAIR. A point of order is re- The text of the amendment is as elections is all the more important to served. follows: The gentlewoman from Wisconsin is ensure a level playing field for can- Strike all after the enacting clause and in- didates running for office and to pre- recognized for 5 minutes in support of sert the following: serve the voice of the American tax- her amendment. SECTION 1. VOLUNTARY FINANCING OF PRESI- payer. By eliminating the Presidential Ms. MOORE. Mr. Chairman, the Su- DENTIAL ELECTION CAMPAIGNS. Campaign Fund, my colleagues across preme Court ruling in Citizens United (a) IN GENERAL.—Section 6096 of the Inter- the aisle would increase the influence v. Federal Election Commission cre- nal Revenue Code of 1986 is amended to read of special interests in the elections, ated an uninhibited voice for special as follows: leaving Presidential candidates be- interest spending in our elections and ‘‘SEC. 6096. VOLUNTARY DESIGNATION BY INDI- unlimited corporate speech in our pub- VIDUALS. holden to large, private contributions. ‘‘(a) GENERAL RULE.—Every taxpayer who If my colleagues insist on elimi- lic policy debate. makes a return of the tax imposed by chap- nating this important and completely Special interests were heard loud and ter 1 for any taxable year may designate an voluntary fund, let us at least make clear this past election cycle to the amount shall be paid over to the Presidential sure that corporations receiving tax- tune of $281.6 million, almost five times Election Campaign Fund in accordance with payer money through bailouts, ear- greater than the previous midterm the provisions of section 9006(a). The amount marks, and other Federal funds are not election of 2006. By eliminating the designated under the preceding sentence— able to then use these taxpayer funds Presidential Election Campaign Fund ‘‘(1) may not be less than $1, and ‘‘(2) shall be in addition to any payment of towards influencing Presidential elec- where everyday Americans can have tax for the taxable year. tions. Let us level the playing field and their voices heard, special interest ‘‘(b) MANNER AND TIME OF DESIGNATION.— protect all American voters by ensur- groups will be able to shout from the Any designation under subsection (a) for any ing that these large, private contribu- top of the mountain and dominate taxable year— tions to political candidates aren’t Presidential elections even more. ‘‘(1) shall be made at the time of filing the funded using taxpayer money. Currently, between 7 and 8 percent of return of the tax imposed by chapter 1 for Mr. Chairman, I reluctantly ask Americans choose to direct $3 of their such taxable year and in such manner as the tax liability to the Presidential Elec- Secretary may by regulation prescribe, ex- unanimous consent to withdraw my cept that such designation shall be made ei- amendment. tion Campaign Fund. My amendment is ther on the first page of the return or on the The CHAIR. Is there objection to the simple. Instead of directing that page bearing the taxpayer’s signature, and request of the gentlewoman from Mas- amount, that $3 of their tax liability ‘‘(2) shall be accompanied by a payment of sachusetts? by checking that box, citizens would be the amount so designated.

VerDate Mar 15 2010 05:58 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.049 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H495 ‘‘(c) TREATMENT OF AMOUNTS DES- taxes. I think that is a very critical POINT OF ORDER IGNATED.—For purposes of this title, the component with regard to this. Mr. ROSKAM. Mr. Chairman, I must amount designated by any taxpayer under By not capping the amount of vol- insist on the point of order. I raise a subsection (a) shall be treated as a contribu- untary donations, the amount of the point of order against the amendment tion made by such taxpayer to the United because it violates clause 10 of rule States on the last date prescribed for filing fund could even be improved. It could the return of tax imposed by chapter 1 (de- remain solvent and strong because XXI, known as the CutGo rule. The termined without regard to extensions) or, if some taxpayers might dedicate $30, amendment proposed increased manda- later, the date the return is filed.’’. $100, or $500. We would make it easy by tory spending without an equal or (b) CLERICAL AMENDMENT.—The item relat- empowering taxpayers. great reduction in existing mandatory ing to section 6096 in the table of sections for I do have a technical fix for the spending relative to the underlying bill part VIII of subchapter A of chapter 61 of amendment that I would like to offer. in violation of the rule. such Code is amended to read as follows: This is all happening so quickly, I will The CHAIR. Does any Member wish ‘‘Sec. 6096. Voluntary designation by indi- get that amendment to you in a mo- to be heard on the point of order? viduals.’’. ment. But effectively what this would Mr. POLIS. Yes, I do. (c) EFFECTIVE DATE.—The amendments do is, as you know, as it is now struc- The CHAIR. The gentleman from Col- made by this section shall apply to taxable tured, all of the money you save going orado is recognized to be heard on the years beginning after the date of the enact- forward and the existing money from point of order. ment of this Act. the fund is returned to Treasury. Mr. POLIS. The point of order is le- Mr. ROSKAM. Mr. Chairman, I re- Certainly the intent of my amend- gitimate in the sense that there is an serve a point of order against the ment was to do the same thing, but ambiguity with regard to what happens amendment. there is some ambiguity about whether to the money. I would press the point The CHAIR. A point of order is re- the existing money in the fund would that the legislative intent is to allow served. be returned to Treasury, which is the the money that exists in the fund to be The gentleman from Colorado is rec- intent of the amendment. returned to the Department of the ognized for 5 minutes. I ask unanimous consent to modify Treasury. We would be happy to work Mr. POLIS. Mr. Chairman, I rise for a technical correction the copy of with the gentleman on a technical fix today to discuss an amendment that the amendment I am sending to the to the amendment that would make can maintain our commitment to true desk. that clear. I would argue that it is al- democracy and reduce the corrupting The CHAIR. If the gentleman would ready clear enough in the sense that influence of Big Money in Presidential send the modification to the desk. certainly nothing is prohibited in campaigns, but will also allow for fis- Mr. POLIS. I withdraw the request to terms of returning that money. The cal responsibility and the savings that modify my amendment so I can con- formal scoring came back as saving at Members of both parties believe so tinue with my time. How much time do least, I believe, $422 million, which is strongly about. I have remaining? all of the money going forward. Rather than end the program, as has The CHAIR. The gentleman has 21⁄2 So this is a question of the $100 mil- been proposed in the Republican bill to minutes remaining. lion or so that is now in the fund. The fund Presidential elections and reduce Mr. POLIS. So again, with regard to legislative intent is to return that to the influence of Big Money on our po- this amendment, it is designed to save the Treasury which would, therefore, litical system, this amendment would the same amount of money because it result in identical savings. And we make the source of the voluntary indi- does, obviously. It simply allocates the would be happy, to the gentleman’s vidual donations to the Presidential money both in the fund; and I offer in satisfaction and during the course of Election Campaign Fund. It can be terms of a clarification on legislative debate before the votes are called, to structured in such a way where the intent that it is the intent. There is clarify that through a technical fix. same amount of money is saved be- certainly nothing in the language of The CHAIR. The Chair recognizes the cause rather than, and when I looked the amendment that precludes it, as gentleman from California to be heard into this matter, like many Americans, well as any future funds that come in on the point of order. I thought and many people thought under the regular taxes that are paid. Mr. DANIEL E. LUNGREN of Cali- that the $3 check-off was actually addi- It allows the fund in the future to be fornia. On the most recent clarification tional money you pay. On the tax form, funded out of voluntary contributions. by the gentleman from Colorado, the it looks like it is and you check it off. I think if opponents of the Presi- intent of our legislation is to stop this Most people think it is additional; it is dential campaign fund want to end the program. Not only would the funds be not actually an additional $3. It comes program for budgetary purposes, my returned that are already in there, but out of the money you already pay. amendment gives a reason to maintain the program would not go forward. So what this amendment would do is the fund. We can, if you believe in the b 1310 say it would be an optional amount on mission of public financing and fight- So, therefore, the administrative top of the other amount that you pay. ing Big Money interests, also be fis- costs to the IRS would be eliminated. So it would be an additional $3 or $5 or cally responsible by maintaining the The gentleman, by continuing the pro- $10. We actually leave it open and allow fund. Eliminating the fund would con- gram, increases the net cost because people themselves to designate how tinue the trend of shutting out the you will continue having the adminis- much money they would like to apply public’s voice in Federal campaigns. trative costs that otherwise would be to fighting Big Money in politics. Again, I sympathize with the need to no longer in effect as a result of the un- So with this approach, we can sepa- save $520 million, and I support the derlying bill; and therefore, the point rate these two issues. One is an issue of need to save $520 million; and that is a of order would still be appropriate. fiscal responsibility with which I think beginning. That is a small beginning The CHAIR. Does any other Member there is strong bipartisan support for for what we need to cut, but we can do wish to be heard on the point of order? making cuts, even cuts of programs so in a way that will allow this concept The Chair is prepared to rule. that we hold dear. Frankly, I am a sup- that was created in the wake of Water- The gentleman from Illinois makes a porter of public financing and am a co- gate to continue to exist and work. point of order that the amendment of- sponsor of the Fair Elections Act. I I worry about the fate of our democ- fered by the gentleman from Colorado support more public financing, but I racy with regard to the impact of Big violates clause 10 of rule XXI by pro- am also fiscally responsible, and I Money on elections, and to get rid of posing an increase in mandatory spend- would make cuts elsewhere. Let’s sepa- public financing in Presidential cam- ing over a relevant period of time. rate that out and say we can save the paigns would inflict greater damage on Pursuant to clause 10 of rule XXI and $520 million we need to save, but allow our campaigns and on our democracy. clause 4 of rule XXIX, the Chair is au- the program of public financing to con- The CHAIR. The time of the gen- thoritatively guided by estimates from tinue as a program that individuals tleman has expired. the chair of the Committee on the themselves can choose how much to Does the gentleman from Illinois in- Budget that the net effect of the provi- fund when they are filling out their sist on his point of order? sions in the amendment would increase

VerDate Mar 15 2010 04:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JA7.019 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H496 CONGRESSIONAL RECORD — HOUSE January 26, 2011 mandatory spending over a relevant pe- Johnson (OH) Murphy (CT) Schmidt So the amendment was agreed to. Johnson, E. B. Murphy (PA) Schock The result of the vote was announced riod as compared to the bill. Johnson, Sam Myrick Schrader Accordingly, the point of order is Jones Napolitano Schwartz as above recorded. sustained, and the amendment is not in Jordan Neal Schweikert Stated for: order. Kaptur Neugebauer Scott (SC) Mrs. LUMMIS. Mr. Chair, on rollcall No. 23 Keating Noem Scott (VA) I was absent because I was having a root AMENDMENT NO. 1 OFFERED BY MR. PETERS Kelly Nugent Scott, Austin canal. The CHAIR. Pursuant to clause 6 of Kildee Nunes Scott, David Kind Nunnelee Sensenbrenner Had I been present, I would have voted rule XVIII, proceedings will now re- King (IA) Olson Serrano ‘‘aye.’’ sume on the amendment on which fur- King (NY) Olver Sessions Mrs. McCARTHY of New York. Mr. Chair, I ther proceedings were postponed. Kingston Owens Sewell Kinzinger (IL) Palazzo Sherman was unavoidably detained on January 26, The unfinished business is the de- Kissell Pallone Shimkus 2011 and missed rollcall vote No. 23 on the mand for a recorded vote on the Kline Pascrell Shuler amendment to H.R. 359 offered by Represent- amendment offered by the gentleman Kucinich Pastor (AZ) Shuster Labrador Paul Simpson ative PETERS. If I had been present, I would from Michigan (Mr. PETERS) on which Lamborn Paulsen Sires have voted ‘‘aye’’ on rollcall No. 23. further proceedings were postponed and Lance Payne Slaughter Mr. ENGEL. Mr. Chair, on rollcall No. 23, on which the ayes prevailed by voice Landry Pearce Smith (NE) had I been present, I would have ‘‘aye.’’ vote. Langevin Pelosi Smith (NJ) Lankford Pence Smith (TX) Mr. BECERRA. Mr. Chair, earlier today I The Clerk will redesignate the Larsen (WA) Perlmutter Smith (WA) was unavoidably detained and missed rollcall amendment. Latham Peters Southerland vote No. 23. If present, I would have voted The Clerk redesignated the amend- LaTourette Peterson Stark ‘‘aye’’ on rollcall vote No. 23. Latta Petri Stearns ment. Lee (NY) Pingree (ME) Stivers The CHAIR. Under the rule, the Com- RECORDED VOTE Levin Pitts Stutzman mittee rises. Lewis (CA) Platts Sullivan Accordingly, the Committee rose; The CHAIR. A recorded vote has been Lewis (GA) Poe (TX) Sutton and the Speaker pro tempore (Mr. demanded. Lipinski Polis Terry TERRY) having assumed the chair, Mr. A recorded vote was ordered. LoBiondo Pompeo Thompson (CA) Loebsack Posey Thompson (MS) LATOURETTE, Chair of the Committee The vote was taken by electronic de- Lofgren, Zoe Price (GA) Thompson (PA) of the Whole House on the State of the vice, and there were—ayes 396, noes 7, Long Price (NC) Thornberry Union, reported that that Committee, not voting 31, as follows: Lowey Quayle Tiberi Lucas Quigley Tierney having had under consideration the bill [Roll No. 23] Luetkemeyer Rahall Tipton (H.R. 359) to reduce Federal spending AYES—396 Luja´ n Rangel Tonko and the deficit by terminating tax- Lungren, Daniel Reed Towns Ackerman Chaffetz Franks (AZ) E. Rehberg Tsongas payer financing of presidential election Adams Chandler Frelinghuysen Mack Reichert Turner campaigns and party conventions, and, Aderholt Chu Fudge Maloney Renacci Upton pursuant to House Resolution 54, re- Akin Cicilline Gallegly Manzullo Reyes Van Hollen ported the bill back to the House with Alexander Clarke (MI) Gardner Marchant Richardson Vela´ zquez Altmire Clay Garrett Marino Richmond Visclosky an amendment adopted in the Com- Amash Cleaver Gerlach Markey Rigell Walberg mittee of the Whole. Andrews Clyburn Gibbs Matheson Rivera Walden The SPEAKER pro tempore. Under Austria Coble Gibson Matsui Roby Walsh (IL) Bachmann Coffman (CO) Gingrey (GA) McCarthy (CA) Roe (TN) Walz (MN) the rule, the previous question is or- Bachus Cohen Gohmert McCaul Rogers (AL) Wasserman dered. Baldwin Cole Gonzalez McClintock Rogers (KY) Schultz The question is on the amendment. Barletta Conaway Goodlatte McCollum Rogers (MI) Watt Barrow Connolly (VA) Gosar The amendment was agreed to. McCotter Rohrabacher Waxman The SPEAKER pro tempore. The Bartlett Conyers Gowdy McDermott Rokita Webster Barton (TX) Costello Granger McGovern Rooney Weiner question is on the engrossment and Bass (CA) Courtney Graves (GA) McHenry Roskam Welch third reading of the bill. Bass (NH) Cravaack Graves (MO) McIntyre Ross (AR) West The bill was ordered to be engrossed Benishek Crawford Green, Al McKeon Ross (FL) Westmoreland and read a third time, and was read the Berg Crenshaw Green, Gene McKinley Rothman (NJ) Whitfield Berkley Critz Griffin (AR) McMorris Roybal-Allard Wilson (FL) third time. Berman Crowley Griffith (VA) Rodgers Royce Wilson (SC) MOTION TO RECOMMIT Biggert Cuellar Grijalva McNerney Runyan Wittman Mr. WALZ of Minnesota. Mr. Speak- Bilbray Culberson Grimm Meehan Ruppersberger Wolf Bishop (GA) Cummings Guinta Meeks Rush Womack er, I have a motion to recommit at the Bishop (NY) Davis (CA) Guthrie Mica Ryan (OH) Woodall desk. Bishop (UT) Davis (IL) Gutierrez Michaud Ryan (WI) Woolsey The SPEAKER pro tempore. Is the Black Davis (KY) Hall Miller (FL) Sanchez, Loretta Wu Blackburn DeFazio Hanabusa Miller (MI) Sarbanes Yarmuth gentleman opposed to the bill? Blumenauer DeGette Hanna Miller (NC) Scalise Yoder Mr. WALZ of Minnesota. I am. Bonner DeLauro Harman Miller, George Schakowsky Young (AK) The SPEAKER pro tempore. The Bono Mack Denham Harper Moran Schiff Young (FL) Clerk will report the motion to recom- Boren Dent Harris Mulvaney Schilling Young (IN) Boswell DesJarlais Hartzler mit. Boustany Deutch Hastings (FL) NOES—7 The Clerk read as follows: Brady (PA) Dicks Hastings (WA) Clarke (NY) Jackson Lee Nadler Mr. Walz of Minnesota moves to recommit Brady (TX) Dingell Hayworth Edwards (TX) Waters the bill H.R. 359 to the Committee on Ways Braley (IA) Dold Heck Holt Lee (CA) Brooks Donnelly (IN) Heller and Means with instructions to report the Broun (GA) Dreier Hensarling NOT VOTING—31 same to the House forthwith with the fol- Brown (FL) Duffy Herger lowing amendment: Baca Doyle Lummis Bucshon Duncan (SC) Herrera Beutler Strike all after the enacting clause and in- Becerra Emerson Buerkle Duncan (TN) Higgins Lynch sert the following: Bilirakis Engel Burgess Ellison Himes McCarthy (NY) Buchanan Frank (MA) SECTION 1. CAMPAIGN DISCLOSURE AGREE- Burton (IN) Ellmers Hirono Miller, Gary Capps Garamendi MENT. Butterfield Eshoo Honda Moore Capuano Giffords (a) DISQUALIFIED ENTITY.—Section 9003 of Calvert Farenthold Hoyer Ribble Carter Heinrich Camp Farr Huelskamp Ros-Lehtinen the Internal Revenue Code of 1986 is amended Cooper Hinchey Campbell Fattah Huizenga (MI) Sa´ nchez, Linda by adding at the end the following new sub- Costa Hinojosa Canseco Filner Hultgren T. section: Diaz-Balart Holden Cantor Fincher Hunter Speier ‘‘(f) DISQUALIFIED ENTITY.—For purposes of Doggett Larson (CT) Capito Fitzpatrick Hurt this section— Cardoza Flake Inslee b 1335 ‘‘(1) IN GENERAL.—The term ‘disqualified Carnahan Fleischmann Israel entity’ means any entity that has not en- Carney Fleming Issa Messrs. HOLT, NADLER, Ms. WA- tered into a campaign disclosure agreement Carson (IN) Flores Jackson (IL) TERS, Ms. LEE of California, and Ms. Cassidy Forbes Jenkins with the Department of the Treasury. Castor (FL) Fortenberry Johnson (GA) CLARKE of New York changed their ‘‘(2) CAMPAIGN DISCLOSURE AGREEMENT.— Chabot Foxx Johnson (IL) vote from ‘‘aye’’ to ‘‘no.’’ The term ‘campaign disclosure agreement’

VerDate Mar 15 2010 04:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.057 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H497 means an agreement in which the entity (d) PRESERVATION OF FUND FOR PRESI- serves to know, and that is when com- agrees— DENTIAL PRIMARIES.—Subsection (b) of sec- mercials, TV commercials, are paid for ‘‘(A) to file disclosure statements with the tion 9037 of such Code is amended to read as by special interests, Big Money special Internal Revenue Service at such times, and follows: interests, including foreign corpora- covering such periods, as are required under ‘‘(b) PAYMENTS FROM THE MATCHING PAY- section 527(j)(2), MENT ACCOUNT.—Amounts in the Presi- tions, and corporations that are owned ‘‘(B) with respect to its receipt of payment dential Primary Matching Payment Account or controlled by foreign governments, for electioneering communications from cov- shall be available, as provided by appropria- whether they be China, Iran, Ven- ered persons on or after January 1, 2013, to tion Acts, solely for making transfers to the ezuela, whoever it may be, that the include within those disclosure statements— candidate. No amount may be transferred American public has a right to know ‘‘(i) the amount, date, and purpose of each from the account unless the Secretary has who is paying for those ads. payment and the name and address of the receipt of a certification from the Commis- It’s simple, it’s transparent, and in covered person making the payment, and sion under section 9036, but not before the fact our Republican colleagues even re- ‘‘(ii) the name and address of each disquali- beginning of the matching payment period. cently said they were in favor of more fied contributor making a payment on or In making such transfers to candidates of after January 1, 2013, to the covered person the same political party, the Secretary shall transparency. Speaker BOEHNER said on (including the occupation and name of em- seek to achieve an equitable distribution of Meet the Press, and I quote: ‘‘I think ployer of such individual) and the amount funds available under subsection (a), and the what we ought to do is we ought to and date of each payment, and Secretary shall take into account, in seeking have full disclosure, full disclosure of ‘‘(C) to pay damages to the Secretary for to achieve an equitable distribution, the se- all the money we raise and how it is failure to comply with these disclosure re- quence in which such certifications are re- spent. I think sunlight is the best dis- quirements in an amount equal to 35 percent ceived.’’. infectant.’’ I would hope that would of the amount that was required to be dis- (e) PRESERVATION OF FUNDS FOR NATIONAL also be true about foreign-controlled closed. COMMITTEE.—Paragraph (3) of section 9008(b) ‘‘(3) DISQUALIFIED CONTRIBUTOR.—The term of such Code is amended to read as follows: corporations trying to secretly finance ‘disqualified contributor’ means— ‘‘(3) PAYMENTS.—Amounts in the appro- ads in this country. ‘‘(A) any person who makes payments (di- priate account maintained under subsection Majority Leader CANTOR told News- rectly or indirectly) of more than $100,000 to (a) shall be available, as provided by appro- week, and I quote: ‘‘Anything that the covered person during the calendar year, priation Acts, solely for making expendi- moves us back toward the notion of and tures to the national committee of a major transparency, real-time reporting of ‘‘(B) any foreign individual, foreign cor- party or minor party which elects to receive donations and contributions would be poration, or foreign country who makes any its entitlement under this subsection. Such helpful toward restoring confidence of payment (directly or indirectly) to the cov- payments shall be available for use by such ered person during the calendar year. committee in accordance with the provisions the voters.’’ of subsection (c). No expenditures may be Mr. Speaker, this motion is very sim- A payment that is deposited into an account ple. Let’s let the American public know of a covered person that is not available for made from such fund unless the Secretary of electioneering communications shall not be the Treasury has receipt of a certification when you have these Big Money special taken into account for purposes of the pre- from the Commission under subsection (g).’’. interests, including foreign-controlled ceding sentence. (f) EFFECTIVE DATE.—The amendments corporations, spending this money to ‘‘(4) ELECTIONEERING COMMUNICATION.—The made by this section shall take effect on the influence their vote. Eighty percent of term ‘electioneering communication’ means date of the enactment of this Act. the American people, Democrats, Re- a communication that— Mr. WALZ of Minnesota (during the publicans, and independents, say they ‘‘(A) refers to a clearly identified candidate reading). Mr. Speaker, I ask unanimous want to know. A vote against this mo- for any Federal public office, consent to dispense with the reading. tion is a vote to keep the American ‘‘(B) reflects a view on such candidate or The SPEAKER pro tempore. Is there on the record of such candidate, and public in the dark, to continue to allow ‘‘(C) is made within 30 days of a general objection to the request of the gen- those shadowy groups, including those election or a primary election. tleman from Minnesota? controlled by foreign interests, to con- ‘‘(5) COVERED PERSON.— Mr. ROSKAM. I object. tinue to try and influence the elections ‘‘(A) IN GENERAL.—The term ‘covered per- The SPEAKER pro tempore. Objec- in this country without telling a single son’ means any of the following persons: tion is heard. person. That’s wrong. It violates the ‘‘(i) Any foreign individual, corporation, The Clerk will continue to read. kind of pledge towards transparency partnership, limited liability company, lim- and greater accountability that we ited liability partnership, trust or similar b 1340 heard a lot in this last election. entity or foreign country. Mr. ROSKAM (during the reading). ‘‘(ii) Any domestic corporation, partner- So I urge my colleagues to act on a ship, limited liability company, limited li- Mr. Speaker, I ask unanimous consent bipartisan basis to simply give the pub- ability partnership, trust or similar entity. to dispense with the reading. lic the right to know when those kinds ‘‘(iii) Any person described in section 501(c) The SPEAKER pro tempore. Is there of organizations, including foreign-con- and exempt from tax under section 501(a). objection to the request of the gen- trolled corporations, are spending gobs ‘‘(B) EXCEPTION.—Subparagraph (A) shall tleman from Illinois? of money on TV and not telling the not apply to any person if the aggregate pay- There was no objection. American people who they are or who ments for electioneering communications The SPEAKER pro tempore. The gen- is financing them. during the calendar year by such person does tleman from Minnesota is recognized not exceed $25,000.’’. Mr. WALZ of Minnesota. I thank the (b) CONDITION.—Subsection (a) of section for 5 minutes in support of his motion. gentleman. And on the morning after 9003 of such Code is amended by striking Mr. WALZ of Minnesota. Mr. Speak- the night we sat here together and lis- ‘‘and’’ at the end of paragraph (2), by strik- er, I yield to the gentleman from Mary- tened to the President talk about us ing the period at the end of paragraph (3) and land (Mr. VAN HOLLEN), a true cham- working together, we have got a mo- inserting ‘‘, and’’, and by inserting after pion of transparency and openness in tion to recommit that I think we can paragraph (3) the following new paragraph: government and our elections. all agree upon. As the gentleman spoke ‘‘(4) agree to not make any payment to a Mr. VAN HOLLEN. I thank my col- about something very uniquely Amer- disqualified entity for print, broadcast, league and thank him for offering this cable, or satellite communications.’’. ican in our election process, it is that (c) PRESERVATION OF FUNDS FOR PRESI- motion because it’s very simple. What humble idea of someone like myself, a DENTIAL CANDIDATES.—Subsection (b) of sec- this does is allow the American public school teacher, football coach, and sol- tion 9006 of such Code is amended to read as to finally know who is funding the po- dier, with no political connections and follows: litical ads that they’re watching fi- no personal wealth, can actually get ‘‘(b) PAYMENTS FROM THE FUND.—Amounts nanced by a lot of these shadowy their friends together and win elections in the Presidential Election Campaign Fund groups. to Congress. shall be available, as provided by appropria- Mr. Speaker, earlier today our Re- The idea that we should have our tion Acts, solely for making expenditures to publican colleagues rejected the idea of elections be influenced by undisclosed eligible candidates of a political party. No expenditures may be made from such fund having broad transparency by adopting foreign money runs counter to every- unless the Secretary of the Treasury has re- the DISCLOSE Act. What this does is thing in this Nation’s history. This ceipt of a certification from the Commission target it in one very important area, piece of legislation was a bipartisan under section 9005.’’. an area that the American public de- piece of legislation that was meant to

VerDate Mar 15 2010 04:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JA7.022 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H498 CONGRESSIONAL RECORD — HOUSE January 26, 2011 curb the excesses in the post-Watergate The SPEAKER pro tempore. The Bass (NH) Graves (MO) Paulsen era. It has been used by every Presi- Benishek Griffin (AR) Pearce Chair cannot respond to inquiries re- Berg Griffith (VA) Pence dent, including Ronald Reagan, to garding the content of a pending propo- Biggert Grimm Petri make sure that our election processes sition. Bilbray Guinta Pitts were fair. Without objection, the previous ques- Bilirakis Guthrie Platts So we offer this motion to recommit Bishop (UT) Hall Poe (TX) tion is ordered on the motion to recom- Black Hanna Pompeo in the spirit of last night’s speech, mit. Blackburn Harper Posey something we can agree upon together, There was no objection. Bonner Harris Price (GA) Bono Mack Hartzler that foreign corporations should not The SPEAKER pro tempore. The Quayle buy our elections, that any American Boustany Hastings (WA) Reed question is on the motion to recommit. Brady (TX) Hayworth wishing to run for office should do so Rehberg The question was taken; and the Brooks Heck Reichert on merit and should do so with trans- Broun (GA) Heller Speaker pro tempore announced that Renacci parency and the knowledge of the Buchanan Hensarling Ribble the noes appeared to have it. Bucshon Herger Rigell American public. Buerkle Herrera Beutler I encourage my colleagues on both Mr. WALZ of Minnesota. Mr. Speak- Rivera er, on that I demand the yeas and nays. Burgess Huelskamp Roby sides of the aisle, support this very Burton (IN) Huizenga (MI) Roe (TN) simple motion to recommit to keep our The yeas and nays were ordered. Calvert Hultgren Rogers (AL) elections fair, to keep the American The SPEAKER pro tempore. Pursu- Camp Hunter Rogers (KY) ant to clause 9 of rule XX, the Chair Campbell Hurt Rogers (MI) people informed, and to keep this de- Canseco Issa will reduce to 5 minutes the minimum Rohrabacher mocracy in our hands, not foreign cor- Cantor Jenkins Rokita porations. time for any electronic vote on the Capito Johnson (IL) Rooney I yield back the balance of my time. question of passage. Carter Johnson (OH) Roskam Cassidy Johnson, Sam Ross (FL) Mr. ROSKAM. Mr. Speaker, I rise in The vote was taken by electronic de- Chabot Kelly opposition to the motion to recommit. vice, and there were—yeas 173, nays Royce Chaffetz King (NY) Runyan Coble Kingston The SPEAKER pro tempore. The gen- 228, not voting 33, as follows: Ryan (WI) Coffman (CO) Kinzinger (IL) tleman from Illinois is recognized for 5 Scalise [Roll No. 24] Cole Kline Schilling minutes. Conaway Labrador YEAS—173 Schmidt Mr. ROSKAM. Mr. Speaker, there is Cravaack Lamborn Ackerman Gutierrez Pelosi Schock really no sense of irony here, is there, Crawford Lance Andrews Hanabusa Schweikert Perlmutter Crenshaw Landry that the proponents, the self-described Baldwin Harman Scott (SC) Peters Culberson Lankford proponents of transparency and open- Barrow Hastings (FL) Scott, Austin Peterson Davis (KY) LaTourette Bass (CA) Higgins Sensenbrenner ness, in the twinkling of an eye before Pingree (ME) Denham Latta Becerra Himes Sessions a vote on an adjournment day come Polis Dent Lee (NY) Berkley Hirono Shimkus Price (NC) DesJarlais Lewis (CA) over and say there’s your motion to re- Berman Holt Quigley Dold LoBiondo Shuster commit? Bishop (GA) Honda Rahall Dreier Long Simpson Bishop (NY) Hoyer This was posted online, Mr. Speaker, Rangel Duffy Lucas Smith (NE) Blumenauer Inslee on Thursday of last week. The pro- Reyes Duncan (SC) Luetkemeyer Smith (NJ) Boren Israel Richardson Duncan (TN) Lungren, Daniel Smith (TX) ponents—and this is a modified open Brady (PA) Jackson (IL) Richmond Ellmers E. Southerland rule—the proponents had an oppor- Braley (IA) Jackson Lee Ross (AR) Farenthold Mack Stearns Brown (FL) (TX) tunity, Mr. Speaker, on Friday to file Rothman (NJ) Fincher Marchant Stivers Butterfield Johnson (GA) an amendment, on Monday to file an Roybal-Allard Fitzpatrick Marino Stutzman Cardoza Johnson, E. B. Ruppersberger Flake McCaul Sullivan amendment, on Tuesday to file an Carnahan Jones Rush Fleischmann McClintock Terry amendment. But the very described Carney Kaptur Ryan (OH) Fleming McCotter Thompson (PA) Carson (IN) Keating people who are now cloaking them- Sa´ nchez, Linda Flores McHenry Thornberry Castor (FL) Kildee selves in a mantle of openness and T. Forbes McKeon Tiberi Chandler Kind Sanchez, Loretta Fortenberry McKinley Turner transparency say, ‘‘There you go’’— Chu Kissell Sarbanes Foxx McMorris Upton moments ago. Okay, that’s the pro- Cicilline Kucinich Schakowsky Franks (AZ) Rodgers Walberg Clarke (MI) Langevin gram. I get the program. Schiff Frelinghuysen Meehan Walden Clarke (NY) Lee (CA) What is this ultimately all about? Schrader Gallegly Mica Walsh (IL) Clay Levin Gardner Miller (FL) Webster There is a sincere effort on the part of Cleaver Lewis (GA) Schwartz Garrett Miller (MI) West this majority, and I think some folks Clyburn Lipinski Scott (VA) Gerlach Mulvaney Westmoreland Cohen Lofgren, Zoe Scott, David on the minority as well, to take the Gibbs Murphy (PA) Wilson (SC) Connolly (VA) Lowey Serrano President up. There is a real attempt Gibson Myrick Wittman Conyers Luja´ n Sewell Gingrey (GA) Neugebauer Wolf on the part of the proponents of this Costello Lynch Sherman Gohmert Noem Womack bill, Mr. COLE of Oklahoma, to try and Courtney Maloney Shuler Goodlatte Nugent Woodall Critz Markey Sires save money, to look out over the entire Gosar Nunnelee Yoder Crowley Matheson Slaughter course of this budget and all of these Gowdy Olson Young (AK) Cuellar Matsui Smith (WA) Granger Palazzo Young (FL) challenges. And Mr. COLE and the folks Cummings McCarthy (NY) Stark Graves (GA) Paul Young (IN) that are behind H.R. 359, the under- Davis (CA) McCollum Sutton lying bill, are ultimately saying we can Davis (IL) McDermott Thompson (CA) NOT VOTING—33 Thompson (MS) save $617 million over a 10-year period. DeFazio McGovern DeGette McIntyre Tierney Baca Garamendi Loebsack Mr. Speaker, that’s according to the DeLauro McNerney Tonko Boswell Giffords Lummis CBO. Deutch Meeks Towns Capps Heinrich Manzullo Dicks Michaud Tsongas Capuano Hinchey McCarthy (CA) So it comes down to a very simple Cooper Hinojosa Miller, Gary thing. If you want to save the money, Dingell Miller (NC) Van Hollen Donnelly (IN) Miller, George Vela´ zquez Costa Holden Nunes you defeat the amendment. If you want Edwards Moore Visclosky Diaz-Balart Jordan Ros-Lehtinen to play games on the day that we’re all Ellison Moran Walz (MN) Doggett King (IA) Speier Engel Murphy (CT) Wasserman Doyle Larsen (WA) Tipton heading out, trying to act like you are Emerson Larson (CT) Welch full of transparency and openness, sup- Eshoo Nadler Schultz Farr Napolitano Waters Frank (MA) Latham Whitfield port the amendment. Fattah Neal Watt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE I urge a ‘‘no’’ vote. Filner Olver Waxman I yield back the balance of my time. Fudge Owens Weiner The SPEAKER pro tempore (during Gonzalez Pallone Wilson (FL) PARLIAMENTARY INQUIRY the vote). There are 2 minutes remain- Green, Al Pascrell Woolsey ing on this vote. Mr. WALZ of Minnesota. Parliamen- Green, Gene Pastor (AZ) Wu tary inquiry. Grijalva Payne Yarmuth 1406 The SPEAKER pro tempore. Please b NAYS—228 state your parliamentary inquiry. Ms. GRANGER changed her vote Mr. WALZ of Minnesota. Does the Adams Altmire Bachus from ‘‘yea’’ to ‘‘nay.’’ Aderholt Amash Barletta underlying bill cut spending? Does the Akin Austria Bartlett Mr. WAXMAN changed his vote from motion cut spending? Alexander Bachmann Barton (TX) ‘‘nay’’ to ‘‘yea.’’

VerDate Mar 15 2010 04:16 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.062 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H499 So the motion to recommit was re- Pompeo Ryan (WI) Thompson (PA) The result of the vote was announced jected. Posey Scalise Thornberry as above recorded. Price (GA) Schiff Tiberi The result of the vote was announced Quayle Schilling Tipton A motion to reconsider was laid on as above recorded. Rahall Schmidt Turner the table. Reed Schock Upton Stated for: Stated for: Rehberg Schweikert Walberg Mr. HERGER. Mr. Speaker, on rollcall No. Mr. LARSEN of Washington. Mr. Speaker, Reichert Scott (SC) Walden Renacci Scott, Austin on rollcall No. 24, I missed the vote Walsh (IL) 25, I was unavoidably detained. Had I been Ribble Sensenbrenner Webster present, I would have voted ‘‘aye.’’ inadvertantly due to a constituent meeting in Rigell Sessions my office. Had I been present, I would have Rivera Shimkus West Stated against: voted ‘‘yes.’’ Roby Shuler Westmoreland Mr. BRALEY of Iowa. I regret missing a Roe (TN) Shuster Whitfield floor vote on Wednesday, January 26, 2011 Stated against: Wilson (SC) Rogers (AL) Simpson due to a ceremony honoring Staff Sergeant Mrs. LUMMIS. Mr. Speaker, on rollcall No. Rogers (KY) Smith (NE) Wittman 24, because I was having a root canal, had I Rogers (MI) Smith (NJ) Wolf Salvatore Guinta. Had I registered my vote, I been present, I would nave voted ‘‘no.’’ Rohrabacher Smith (TX) Womack would have voted: ‘‘nay’’ on rollcall 25, on final Rokita Southerland Woodall passage of H.R. 359—To reduce Federal Mr. TIPTON. Mr. Speaker, on rollcall No. Rooney Stearns Yoder 24, I was with a Medal of Honor winner. Had Ross (AR) Stivers Young (AK) spending and the deficit by terminating tax- I been present, I would have voted ‘‘no.’’ Ross (FL) Stutzman Young (FL) payer financing of presidential election cam- Royce Sullivan Young (IN) paigns and party conventions. The SPEAKER pro tempore. The Runyan Terry question is on the passage of the bill. f NAYS—160 The question was taken; and the PERSONAL EXPLANATION Speaker pro tempore announced that Ackerman Harman Pelosi the ayes appeared to have it. Andrews Hastings (FL) Perlmutter Mr. MANZULLO. Mr. Speaker, I missed two Baldwin Himes Peters votes today because of weather-related condi- Mr. CONAWAY. Mr. Speaker, on that Barrow Hirono Pingree (ME) tions. If I had been here, I would have voted I demand the yeas and nays. Bass (CA) Holt Polis ‘‘no’’ on rollcall No. 24 and ‘‘yea’’ on rollcall The yeas and nays were ordered. Becerra Honda Price (NC) Berkley Hoyer Quigley No. 25. The SPEAKER pro tempore. This is a Berman Inslee Rangel f 5-minute vote. Bishop (GA) Israel Reyes The vote was taken by electronic de- Bishop (NY) Jackson (IL) Richardson PERSONAL EXPLANATION Blumenauer Jackson Lee Richmond vice, and there were—yeas 239, nays Brady (PA) (TX) Rothman (NJ) Mr. LARSON of Connecticut. Mr. Speaker, 160, not voting 35, as follows: Brown (FL) Johnson (GA) Roybal-Allard Butterfield Johnson, E. B. on January 26, 2011 I missed rollcall votes 22 [Roll No. 25] Ruppersberger and 23, due to a family emergency. Had I Cardoza Jones Rush Carnahan Kaptur YEAS—239 Ryan (OH) been present on rollcall vote 22, I would have Carney Keating Adams Dold Sa´ nchez, Linda voted ‘‘no’’ or ‘‘nay’’. Had I been present on Johnson (OH) Carson (IN) Kildee Aderholt Donnelly (IN) T. Johnson, Sam Castor (FL) Kind rollcall vote 23, I would have voted ‘‘yes’’ or Akin Dreier Sanchez, Loretta Jordan Chu Kissell ‘‘aye.’’ Had I been present on rollcall vote 24, Alexander Duffy Sarbanes Kelly Cicilline Kucinich Altmire Duncan (SC) Schakowsky I would have voted ‘‘yes’’ or ‘‘aye.’’ Had I been King (NY) Clarke (MI) Langevin Amash Duncan (TN) Schrader Kingston Clarke (NY) Larsen (WA) present on rollcall vote 25, I would have voted Austria Ellmers Kinzinger (IL) Clay Lee (CA) Schwartz ‘‘no’’ or ‘‘nay.’’ Bachmann Farenthold Kline Cleaver Levin Scott (VA) Bachus Fincher f Labrador Clyburn Lewis (GA) Scott, David Barletta Fitzpatrick Lamborn Cohen Lipinski Serrano Bartlett Flake PERSONAL EXPLANATION Lance Connolly (VA) Lofgren, Zoe Sewell Barton (TX) Fleischmann Landry Conyers Lowey Sherman Mr. COOPER. Mr. Speaker, I was unable to Bass (NH) Fleming Lankford Costello Luja´ n Sires Benishek Flores be present for several votes taken on the LaTourette Courtney Lynch Slaughter Berg Forbes House floor earlier today. As a result, I missed Latta Critz Maloney Smith (WA) Biggert Fortenberry Lee (NY) Crowley Markey Stark rollcall Votes Nos 23, 24, and 25. Had I been Bilbray Foxx Lewis (CA) Cummings Matsui Sutton present, I would have voted in the following Bilirakis Franks (AZ) LoBiondo Davis (CA) McCarthy (NY) Thompson (CA) Bishop (UT) Frelinghuysen manner: rollcall No. 23: ‘‘yea’’; rollcall No. 24: Long Davis (IL) McCollum Thompson (MS) Black Gallegly Lucas DeGette McDermott Tierney ‘‘yea’’; rollcall No. 25: ‘‘nay.’’ Blackburn Gardner Luetkemeyer DeLauro McGovern Tonko f Bonner Garrett Lummis Deutch McIntyre Towns Bono Mack Gerlach Lungren, Daniel Dicks McNerney Tsongas PERSONAL EXPLANATION Boren Gibbs E. Dingell Meeks Van Hollen Boustany Gibson Mack Edwards Michaud Vela´ zquez Mrs. CAPPS. Mr. Speaker, I was not able to Brady (TX) Gingrey (GA) Marchant Ellison Miller (NC) Visclosky be present for the following rollcall votes on Brooks Gohmert Marino Engel Miller, George Walz (MN) Broun (GA) Goodlatte January 26, 2011 and would like the RECORD Matheson Eshoo Moore Wasserman Buchanan Gosar to reflect that I would have voted as follows: McCaul Farr Moran Schultz Bucshon Gowdy McClintock Fattah Murphy (CT) Waters rollcall No. 23: ‘‘yes’’; rollcall No. 24: ‘‘yes’’; Buerkle Granger McCotter Filner Nadler Watt rollcall No. 25: ‘‘no.’’ Burgess Graves (GA) McHenry Fudge Napolitano Waxman Burton (IN) Graves (MO) McKeon Gonzalez Neal Weiner f Calvert Griffin (AR) McKinley Green, Al Olver Wilson (FL) Camp Griffith (VA) REMOVAL OF NAMES OF MEM- McMorris Green, Gene Pallone Woolsey Campbell Grimm Rodgers Grijalva Pascrell Wu BERS AS COSPONSORS OF H.J. Canseco Guinta Meehan Gutierrez Pastor (AZ) Yarmuth RES. 22 Cantor Guthrie Mica Hanabusa Payne Capito Hall Miller (FL) Mr. TURNER. Mr. Speaker, I ask Carter Hanna Miller (MI) NOT VOTING—35 unanimous consent to remove all co- Cassidy Harper Mulvaney Baca Frank (MA) Loebsack Chabot Harris Murphy (PA) sponsors of H.J. Res. 22. Boswell Garamendi Chaffetz Hartzler Myrick Manzullo The SPEAKER pro tempore. Is there Braley (IA) Giffords Chandler Hastings (WA) Neugebauer McCarthy (CA) Capps Heinrich objection to the request of the gen- Coble Hayworth Noem Miller, Gary Capuano Herger tleman from Ohio? Coffman (CO) Heck Nugent Nunes Cooper Higgins Cole Heller Nunnelee Owens There was no objection. Costa Hinchey Conaway Hensarling Olson Peterson DeFazio Hinojosa f Cravaack Herrera Beutler Palazzo Ros-Lehtinen Diaz-Balart Holden Crawford Huelskamp Paul Roskam Doggett King (IA) RESIGNATION AS MEMBER OF Crenshaw Huizenga (MI) Paulsen Speier Doyle Larson (CT) COMMITTEE ON ETHICS Cuellar Hultgren Pearce Welch Emerson Latham Culberson Hunter Pence The SPEAKER pro tempore laid be- Davis (KY) Hurt Petri fore the House the following resigna- Denham Issa Pitts b 1412 Dent Jenkins Platts tion as a member of the Committee on DesJarlais Johnson (IL) Poe (TX) So the bill was passed. Ethics:

VerDate Mar 15 2010 04:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.067 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H500 CONGRESSIONAL RECORD — HOUSE January 26, 2011 JANUARY 26, 2011. Mr. BECERRA (during the reading). the following Members of the House to Hon. JOHN BOEHNER, Mr. Speaker, I ask unanimous consent the House Democracy Partnership: Speaker, House of Representatives, Washington, that the resolution be considered as Mr. DREIER, California, Chairman DC 20515. read and printed in the RECORD. Mr. FORTENBERRY, Nebraska DEAR SPEAKER BOEHNER: This letter is to notify you that as of close of business today The SPEAKER pro tempore. Is there Mrs. BIGGERT, Illinois I am resigning as the Ranking Member of the objection to the request of the gen- Mr. CONAWAY, Texas Committee on Ethics. tleman from California? Mr. BUCHANAN, Florida Sincerely, There was no objection. Mr. BOUSTANY, Louisiana ZOE LOFGREN, The resolution was agreed to. Mr. WILSON, South Carolina Member of Congress. A motion to reconsider was laid on Mr. ROSKAM, Illinois The SPEAKER pro tempore. Without the table. Mr. CRENSHAW, Florida objection, the resignation is accepted. Mr. DIAZ-BALART, Florida There was no objection. f f APPOINTMENT OF MEMBERS TO f RESIGNATION AS MEMBER OF PERMANENT SELECT COM- COMMITTEE ON SMALL BUSINESS MITTEE ON INTELLIGENCE APPOINTMENT AS DIRECTOR OF CONGRESSIONAL BUDGET OFFICE The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Pursu- fore the House the following resigna- ant to clause 11 of rule X, clause 11 of The SPEAKER pro tempore. Pursu- tion as a member of the Committee on rule I, and the order of the House of ant to section 201(a)(2) of the Congres- Small Business: January 5, 2011, the Chair announces sional Budget and Impoundment Con- the Speaker’s appointment of the fol- CONGRESS OF THE UNITED STATES trol Act of 1974 (2. U.S.C. 601), and the Washington, DC, January 26, 2011. lowing Members of the House to the order of the House of January 5, 2011, Speaker of the House JOHN BOEHNER, Permanent Select Committee on Intel- the Chair announces that the Speaker U.S. Capitol, ligence: and President pro tempore of the Sen- Washington, DC. Mr. RUPPERSBERGER, Maryland ate hereby jointly appoint Dr. Douglas DEAR SPEAKER BOEHNER: This letter is to Mr. THOMPSON, California W. Elmendorf as Director of the Con- advise you that, effective today, I am taking Ms. SCHAKOWSKY, Illinois a leave of absence from the Committee on gressional Budget Office for the term Small Business until my tenure on the Com- Mr. LANGEVIN, Rhode Island expiring January 3, 2015. mittee on the Budget is completed. It is my Mr. SCHIFF, California understanding from Clause C of Rule 19 of Mr. BOREN, Oklahoma f the Democratic Caucus rules (referenced Mr. GUTIERREZ, Illinois below) that I will continue to accrue senior- Mr. CHANDLER, Kentucky NATIONAL SCHOOL CHOICE WEEK ity during the leave of absence, at the same rate as if I had continued to serve on the f (Mr. THOMPSON of Pennsylvania Committee on Small Business. APPOINTMENT OF MEMBERS TO asked and was given permission to ad- Rule 19, Clause C: ‘‘Any Member of the BOARD OF REGENTS OF THE dress the House for 1 minute.) Committee on the Budget shall be entitled to SMITHSONIAN INSTITUTION Mr. THOMPSON of Pennsylvania. take a leave of absence from service on any Mr. Speaker, this week, January 23 to committee or subcommittee during the pe- The SPEAKER pro tempore. Pursu- 29, is National School Choice Week. riod he or she serves on the Budget Com- ant to sections 5580 and 5581 of the re- Earlier this week in Harrisburg, Penn- mittee and seniority rights of such Member vised statutes (20 U.S.C. 42–43), and the on such committee and on each sub- sylvania, students, parents, and legis- committee to which such Member was as- order of the House of January 5, 2011, lators from both parties and varying signed at the time shall be fully protected as the Chair announces the Speaker’s ap- walks of life, from across the common- if such Member had continued to so serve pointment of the following Members of wealth, gather to rally for school during the period of the leave of absence.’’ the House to the Board of Regents of choice in the State capitol. Accompanying this letter is a letter from the Smithsonian Institution: Every day, tens of thousands of chil- the Democratic Leader verifying that my se- Mr. JOHNSON, Texas niority on the Committee on Small Business dren attend schools where quality edu- Mr. LATOURETTE, Ohio will continue to accrue during my absence. cation is not being offered. Meanwhile, Thank you for your attention to this mat- f those that defend the status quo claim ter. that, if we just do more of the same, at APPOINTMENT OF MEMBERS TO Sincerely, some point schools will improve. UNITED STATES GROUP OF THE HEATH SHULER, Throughout the laboratories of democ- Member of Congress. NATO PARLIAMENTARY ASSEM- racy in this great Nation, concerned BLY The SPEAKER pro tempore. Without parents are moving forward with a dif- objection, the resignation is accepted. The SPEAKER pro tempore. Pursu- ferent vision which is better for our There was no objection. ant to 22 U.S.C. 1928a, clause 10 of rule children. f I, and the order of the House of Janu- So as we continue in this new 112th ELECTING MEMBERS TO CERTAIN ary 5, 2011, the Chair announces the Congress, let’s make a commitment for STANDING COMMITTEES OF THE Speaker’s appointment of the following America’s parents that they will not be HOUSE OF REPRESENTATIVES Members of the House to the United forced to send their children to low- Mr. BECERRA. Mr. Speaker, by di- States Group of the NATO Parliamen- quality schools without other choices. rection of the Democratic Caucus, I tary Assembly: Let’s provide parents with options, offer a privileged resolution and ask Mr. TURNER, Ohio, Chairman whether they are public, private, char- for its immediate consideration. Mr. SHIMKUS, Illinois ter, home, or cyber schools, for the The Clerk read the resolution, as fol- Mr. SHUSTER, Pennsylvania education that is the best fit for their lows: Mr. MILLER, Florida children. Mrs. EMERSON, Missouri H. RES. 62 Children don’t have the luxury of Resolved, That the following named Mem- Ms. GRANGER, Texas waiting for change. For today’s stu- bers be and are hereby elected to the fol- Mr. BILIRAKIS, Florida dents, reform only works if it takes lowing standing committees of the House of f place while they are still in school. Representatives: I commend those back home that are (1) COMMITTEE ON ETHICS.—Ms. Linda T. APPOINTMENT OF MEMBERS TO standing up for our children. And I will Sa´ nchez of California, Ms. Hirono, Mr. HOUSE DEMOCRACY PARTNERSHIP do in my part here in Washington to Yarmuth, Ms. Edwards, and Mr. Pierluisi. The SPEAKER pro tempore. Pursu- support their efforts, not just this (2) COMMITTEE ON SMALL BUSINESS.—Mr. Pe- ters, Mr. Owens, and Mr. Keating. ant to section 4(a) of House Resolution week, but always, in order to ensure (3) COMMITTEE ON VETERANS’ AFFAIRS.—Mr. 5, 112th Congress, and the order of the that each child has the opportunity to Donnelly of Indiana, Mr. Walz of Minnesota, House of January 5, 2011, the Chair an- live up to his or her individual learning Mr. Barrow, and Mr. Carnahan. nounces the Speaker’s appointment of potential.

VerDate Mar 15 2010 05:58 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JA7.033 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H501 b 1420 virtues throughout his career. He also The SPEAKER pro tempore. Under a A PLAN FOR DEFICIT REDUCTION personifies these virtues on a personal previous order of the House, the gen- level. tleman from Washington (Mr. (Ms. JACKSON LEE of Texas asked It is my great honor to stand here on MCDERMOTT) is recognized for 5 min- and was given permission to address the House floor honoring Sheriff Jim utes. the House for 1 minute.) Alderden and thanking him for his (Mr. MCDERMOTT addressed the Ms. JACKSON LEE of Texas. Mr. service. House. His remarks will appear here- Speaker, just a few minutes ago, this f after in the Extensions of Remarks.) House voted to eliminate one of the an- f chors of democracy: allowing Ameri- APPOINTMENT OF MEMBERS TO cans to check off on their IRS filing JOINT ECONOMIC COMMITTEE THE ‘‘RIDE PAST THE WRECKAGE’’ IN AFGHANISTAN form $3—just $3—to promote and sup- The SPEAKER pro tempore. Pursu- port the democratic process of electing ant to 15 U.S.C. 1024(a), and the order of The SPEAKER pro tempore. Under a the President of the United States, all the House of January 5, 2011, the Chair previous order of the House, the gentle- in the name of deficit reduction. announces the Speaker’s appointment woman from California (Ms. WOOLSEY) But deficit reduction doesn’t work of the following Members of the House is recognized for 5 minutes. without a plan. It doesn’t work without to the Joint Economic Committee: Ms. WOOLSEY. Mr. Speaker, Presi- thinking about the many State Depart- Mr. BRADY, Texas, Chairman dent Obama gave a stirring speech last ments of Transportation that can no Mr. BURGESS, Texas night, most of which I agreed with, es- longer fix the highways and freeways Mr. CAMPBELL, California pecially the calls for defense cuts; the in your community; or that can pro- Mr. DUFFY, Wisconsin investments in innovation, education, and infrastructure; and the elimination mote rail mobility in order to take Mr. AMASH, Michigan of oil company subsidies. cars off the road; or that can, in fact, Mr. MULVANEY, South Carolina But given the sacrifice endured by keep the doors of community colleges f open; or that can support primary edu- the American people, I thought Af- cation while State legislatures are HONORING HOUSE STAFFER MIKE ghanistan got short shrift—a mere two struggling to find resources to provide WIEHE FOR HIS PUBLIC SERVICE paragraphs. for teachers and students. (Mr. TURNER asked and was given The American Prospect magazine de- So let me say this: I want to work permission to address the House for 1 scribed the State of the Union as a with you on deficit reduction. In fact, minute.) ‘‘ride past the wreckage.’’ I think that I’ve done it before but not without a Mr. TURNER. Mr. Speaker, as elect- was because it applies to the State of plan. I believe that investing in the in- ed officials, all of us who serve in this the Union’s treatment of Afghanistan. The fact is that the training of Af- frastructure of America is a plan that Chamber have the honor of rep- ghan security forces has been slow and will allow jobs to be created. That’s the resenting our constituents in public ineffective. The inspector general for serious way of dealing with moving service. And as elected officials, we are Afghanistan reconstruction said as America forward and allowing for the also fortunate that some of our best much this very week. The Taliban re- genius of America—having a plan that and most able Americans choose to mains a vital force in many pockets of responds to building America and not serve their Nation and their commu- Afghanistan, and the head of the Af- making false projections about saving nities by working in our offices as con- ghan NGO safety office reports a very money. gressional staffers. precarious security situation. f In my office, I have a staffer who is The President was correct when he leaving who I want to recognize here HONORING SHERIFF JAMES A. said that Afghanistan will need to pro- today. ALDERDEN vide better governance, but it’s hard to Mike Wiehe first began working for see that happening with President (Mr. GARDNER asked and was given me when I served as Mayor of Dayton Karzai regularly lashing out at us and, permission to address the House for 1 and has continued to work for me and at one point, saying he would choose minute.) for the best interests of his community the Taliban over the United States and Mr. GARDNER. Mr. Speaker, I rise for the greater part of 12 years now. the international community. today to honor Sheriff James A. Mike is a native of Celina, Ohio, and Mr. Speaker, the American people Alderden. Sheriff Alderden served as is a graduate of Celina Senior High are tired of being talked down to about Sheriff of Larimer County in my con- School and of Wright State University. this war, tired of being told everything gressional district from January, 1999, He has held literally almost every sin- is fine and under control, tired of being until his recent retirement on January gle position in my office: serving as urged to stay the course, tired of talk 10, 2011. scheduler, communications director, about progress that seems to be little Sheriff Alderden served the State of legislative assistant, military legisla- more than an illusion. Colorado in various capacities prior to tive assistant, legislative director, act- The President reiterated last night becoming Sheriff of Larimer County. ing chief of staff, and finally, as dis- that we will begin to bring our troops His resume includes periods of work for trict director and director of military home in July, but there’s plenty of evi- the Colorado Bureau of Investigations, affairs. He has excelled in each of these dence to suggest we’re ramping up this the Colorado State University Police roles by always performing his job well war instead of winding it down. Department, as well as the Steamboat and by leading his fellow staffers by ex- Earlier this month, for example, 1,400 Springs Police Department. His career ample. additional marine combat forces were is a shining example of dedication to Mike’s last day in my office will be deployed, with the possibility of addi- the State of Colorado. January 31. I ask my colleagues to join tional mini-surges during the spring, In addition to having a great sense of me in thanking Mike for his tremen- that would push our troop levels in Af- humor, he is a leader. He has great re- dous service and for the huge sacrifices ghanistan to the 100,000 mark. spect and gives his colleagues great re- that he has made over the years in pur- We’re also using heavily armored spect. Sheriff Alderden would incor- suit of public service. tanks for the first time, and there are porate all employees into the decision- Mike, we wish you all the best in all reports that we’re considering expand- making process by giving them the re- your future endeavors. ing the war across the border in an un- spect and authority they deserve to f precedented way, with risky and dan- identify problems and to correct them. gerous special operations ground raids SPECIAL ORDERS As his lasting legacy, he imple- into Pakistan. mented the police department’s motto The SPEAKER pro tempore. Under Does this sound like a war that’s of serving with the acronym PRIDE, the Speaker’s announced policy of Jan- drawing to a close? which stands for Professionalism, Re- uary 5, 2011, and under a previous order Then in a trip to Afghanistan a few spect, Integrity, Duty, and Empower- of the House, the following Members weeks ago, the Vice President sug- ment. Sheriff Alderden embodied these will be recognized for 5 minutes each. gested to his hosts that the occupation

VerDate Mar 15 2010 04:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.074 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H502 CONGRESSIONAL RECORD — HOUSE January 26, 2011 could extend beyond 2014. ‘‘We’re not minor for an alcohol offense. Rather suspect. When police knocked on the leaving if you don’t want us to leave,’’ than send this child to detention, she door of a home where he was believed he said. He should check out recent called the parents and got the parents to be, the suspect opened fire, killing polling that indicates the Afghan peo- involved in this child’s life. She was Officers Castillo and Haworth and in- ple’s deep skepticism, if not downright from Ball High School in Galveston, juring Officer Diedra Beecher. hostility, regarding the United States’ Texas. She went to the University of Combined, Officers Castillo and military presence in their country. Houston and Galveston College. In her Besides, what about what the Amer- youth, she learned from the Galveston Haworth dedicated 44 years to serv- ican people believe? When are we going County police officers about being a icing the citizens of south Florida. to respect their point of view? They’re peace officer. She wanted not only to They put their lives on the line every the ones paying for this war in blood capture outlaws, but to help the good day to make us safer. And last Thurs- and treasure, and clear majorities be- people of our community. day, these two heroes made the ulti- lieve that this war has outlived its use- Mr. Speaker, police officers are the mate sacrifice. We lost them to a fulness and that it’s not worth fight- last strand of wire in the fence between senseless act of violence by someone ing. the fox and the chickens, and Officer with a total disregard for the lives of It is time, Mr. Speaker, to listen to O’Donnell was one of those officers. others. We grieve their loss not only to the American people. There is only one They, like Ann, do society’s dirty the community they served, but to the sensible and humane solution: That is work, and they go and serve and are families and loved ones they leave be- to bring our troops home and bring first responders to public safety. Ann hind. was such a person. them home now. A 21-year veteran on the force, fam- Ann was the 252nd female police offi- f ily members say Detective Roger cer killed in the line of duty in this b 1430 country since 1796. Already this year, Castillo loved two things in this world, in 2011, 14 police officers in our country his family and his job. His wife of 15 POLICE OFFICER ANN NONETTE years, Debbie, also works as a police of- O’DONNELL, UNIT 429 have given their lives for the rest of us. Ann died protecting and serving the ficer. Officer Castillo leaves behind his The SPEAKER pro tempore. Under a people of Texas, and at Ann’s funeral three sons, 14-year-old Anthony, 11- previous order of the House, the gen- 500 police officers paid her honor in the year-old Michael, and 9-year-old Brian. tleman from Texas (Mr. POE) is recog- rain. Harvey Rice of the Houston A dedicated father, neighbors said that nized for 5 minutes. Chronicle said it best about her fu- he was the kind of dad you would see Mr. POE of Texas. Mr. Speaker, on neral, ‘‘Officers filed out of the church on the front lawn tossing around a Christmas Eve, 2010, about 1 month while the bells tolled ‘Hark The Herald football with his boys. ago, most Americans were with their Angels Sing.’ ’’ The officers re-formed families and their friends enjoying the Amanda Haworth spent 23 years on ranks and stood at attention again in the force. A neighbor said the only holiday season, the joy and happiness the rain as the casket was carried down of being together at that special time thing she loved more than her job was the steps and placed in a black hearse. her 13-year-old son, Austin. A single of the year. But holidays do not come At the cemetery, the rain-drenched of- for peace officers; they work all the mom, Amanda Haworth would never ficers again gathered as a riderless miss her son’s baseball games and time, especially on holidays. One such horse followed the casket to the grave would often practice with him in their officer was Ann O’Donnell. She was a site and bagpipes played ‘‘Amazing backyard. Amanda Haworth was the University of Houston police officer. Grace.’’ Officers fired a 21-gun salute, first female detective ever killed in the She liked to call herself ‘‘Unit 429.’’ and two buglers played ‘‘Taps.’’ She was on patrol December 24, 2010, Amazing person, this Officer Ann line of duty in Miami-Dade County. about 1 o’clock in the morning. She O’Donnell. We admire her and thank While I did not have the good fortune was the first to respond to a possible her for being a Texas peace officer, and of knowing these two detectives, I kidnapping in the Houston area. She for her life that she gave for the people. know this: I know these were two ex- sped to the scene, but her vehicle went We mourn her loss, but Mr. Speaker, ceptional individuals taken from us out of control and she crashed and was we are grateful that such a person as and lost too soon. These were incred- killed. Officer O’Donnell ever lived. ible parents, ripped from their families This is a photograph of Officer Ann And that’s just the way it is. before their time. They were excellent O’Donnell, 24 years of age. Her father, f public servants trying to make our Jim O’Donnell, who was close to his community a better place to live. We daughter, normally talked to his SLAIN MIAMI-DADE POLICE daughter sometime between 2 o’clock OFFICERS send our thoughts and prayers to heal their families. and 4 o’clock in the morning those The SPEAKER pro tempore. Under a nights that she worked. On this day, previous order of the House, the gentle- To their families and loved ones, I this Christmas Eve, he received no woman from Florida (Ms. WASSERMAN struggle to find words that can offer such phone call from his daughter. SCHULTZ) is recognized for 5 minutes. solace and comfort in your time of dis- Ann was a resident of Houston, Ms. WASSERMAN SCHULTZ. Mr. tress. The great poet William Words- Texas, and Galveston, Texas. She had Speaker, I rise today with a heavy worth once said, ‘‘Not without hope we been a peace officer for only 13 months. heart to also honor our first responders suffer and we mourn.’’ Perhaps he She loved being a Texas police officer, killed in the line of duty, two brave meant that we find hope in the belief and Mr. Speaker, she was good at it. south Florida police officers shot and that our thoughts and prayers will in She is the daughter of Nonette and Jim killed just this past week. Miami-Dade time heal their families, and in the O’Donnell. Her father, Jim, said about County veteran detectives 41-year-old hope and belief that the children of Of- his daughter, ‘‘Ann will never experi- Roger Castillo and 44-year-old Amanda ficers Castillo and Haworth will grow ence the joys of marriage, having her Haworth died last Thursday while pro- up knowing that their parents made own children to cherish and to grow by tecting the community they love. this sacrifice to make their world and her example.’’ As a father of four kids, As part of a fugitive task force work- our world a better place. In the mean- three of them daughters, three of them ing with the U.S. Marshals Service, Of- time, we will suffer and mourn. about the same age as Ann, I under- ficers Castillo and Haworth were mem- stand the close relationship between a bers of a professional elite unit whose After going through our own sense- father and a daughter. That is a special mission is to go after violent career less tragedy with our colleague, GABBY relationship. But no parent wants to criminals. Last week, they were at- GIFFORDS, we share in the pain of lose their child before their time. tempting to arrest one such violent senseless loss and inexplicable vio- Ann was a compassionate police offi- criminal. They were hunting a fugitive lence. Officers Castillo and Haworth cer. She not only arrested the bad suspected of murdering another man will be forever in the hearts of our guys; once she arrested an underage simply for raising his voice with the community.

VerDate Mar 15 2010 04:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.077 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H503 HOW THE 20-YEAR WAR STARTED The tough question that remains is ranked 16 when it comes to reading lit- The SPEAKER pro tempore. Under a was this done deliberately to create the eracy among 15-year-olds, China is previous order of the House, the gen- justification to redesign the Middle number 1, Korea number 2. We must focus on and maintain an tleman from Texas (Mr. PAUL) is recog- East, as many neo-conservatives de- nized for 5 minutes. sired, and to secure oil supplies for the educated workforce. An educated work- Mr. PAUL. Mr. Speaker, how did the West; or was it just a diplomatic blun- force requires that we understand that 20-year war get started? It had been der followed up by many more stra- we have to have quality teachers and long assumed that the United States tegic military blunders? Regardless, we that we are going to have to make sure Government, shortly before Iraq in- have blundered into a war that no one that these teachers will invest in edu- vaded Kuwait in August of 1990, gave seems willing to end. cation themselves because they see it Saddam Hussein a green light to at- Julian Assange, the publisher of the as a means by which they can have a tack. A State Department cable re- WikiLeaks memo, is now considered an livelihood. I understand that most teachers cently published by WikiLeaks con- enemy of the state. Politicians are don’t teach simply because they want firmed that U.S. Ambassador April calling for drastic punishment and money. They teach because they want Glaspie did indeed have a conversation even assassination; and, sadly, the ma- to be with children, and they want to with Saddam Hussein one week prior to jority of the American people seem to see children learn. This is important. Iraq’s August 1, 1990, invasion of Ku- support such moves. But why should we so fear the truth? But teachers have to feed their fami- wait. Amazingly, the released cable lies, too. I support making sure that was entitled, ‘‘Saddam’s Message of Why should our government’s lies and mistakes be hidden from the American teachers get a decent day’s pay for a Friendship to President Bush.’’ In it, hard day’s work. I support teachers and Ambassador Glaspie affirmed to Sad- people in the name of patriotism? Once it becomes acceptable to equate truth making sure that the teachers are dam that ‘‘the President had in- available to educate our children. structed her to broaden and deepen our with treason, we can no longer call ourselves a free society. If we’re going to have America first, relations with Iraq.’’ As Saddam Hus- we have to have a first-rate health care sein outlined Iraq’s ongoing border dis- f system. We had a great sickness-care pute with Kuwait, Ambassador Glaspie MAKING AMERICA FIRST system. We were among the best when was quite clear that, ‘‘we took no posi- The SPEAKER pro tempore. Under a it came to sickness care. We spent a tion on these Arab affairs.’’ hundred billion dollars a year treating There would have been no reason for previous order of the House, the gen- tleman from Texas (Mr. AL GREEN) is persons in emergency rooms, in facili- Saddam Hussein not to take this assur- ties outside of primary care facilities. ance at face value. The U.S. was quite recognized for 5 minutes. Mr. AL GREEN of Texas. Mr. Speak- But if we’re going to be number one, supportive of his invasion and war of er, I want to thank the President for we had to move away from the $2.5 tril- aggression against Iran in the 1980s. his message last night, and I especially lion that we were spending annually on With this approval from the U.S. Gov- would like to focus on one aspect of the health care, which translates into ernment, it wasn’t surprising that the message. $79,000 a second—17.6 percent of GDP— invasion occurred. The shock and sur- The President indicated to us that and by 2018 it would have become $4.4 prise was how quickly the tables were sitting together was important. It has trillion per year—more than 20 percent turned and our friend, Saddam Hussein, great symbolism, and it’s a positive of GDP—$139,000 a second. all of a sudden became Hitler personi- To have America first, we’ve got to thing; but he also indicated to us that fied. educate our people and we’ve got to this is not the final step in the process. The document was classified, sup- have them receive quality health care. Sitting together can never, never re- posedly to protect national security, Quality health care can never be under- place working together. So it is what yet this information in no way jeopard- estimated because of the way it im- we do today—last night he said tomor- ized our security. Instead, it served to pacts the workplace. keep the truth from the American peo- row—sitting together tonight, he indi- America can be first. I stand for ple about an event leading up to our cated, but working together tomorrow; America first. I love America. And I initial military involvement in Iraq this is where we have to focus our ener- stand here today to say to my col- and the region that continues to today. gies and efforts. We must work to- leagues across the aisle that I am will- gether. And if we’re going to work to- ing and ready to reach out and work b 1440 gether to fulfill what I believe is a with you to help make America first The secrecy of the memo was de- great challenge—and that is America because if America is first, not only is signed to hide the truth from the first, to make America number one—if the United States a better place, but American people and keep our govern- we’re going to make America first, the world would be a better place be- ment from being embarrassed. America number one, we absolutely cause of the values that we hold so This was the initial event that had have to focus on education. near and dear to us. led to so much death and destruction— Education is important because the We believe in liberty and justice for not to mention the financial costs— jobs, as we go forward, will require all. We believe in government of the these past 20 years. Our response and much more education than we have people, by the people, for the people. persistent militarism toward Iraq was been allowed to have and have good We believe that every person ought to directly related to 9/11, as our presence jobs in the past. We must focus on edu- succeed on his merits or fail on his de- on the Arabian Peninsula—and in par- cation to have the good jobs that we merits. That’s what America gives to ticular Saudi Arabia—was listed by al want. And jobs are a priority for all of the world—the notion that there is a Qaeda as a major grievance that out- us. fair system that allows anyone to rise raged the radicals who carried out the Some statistical information is to the top, to reach the zenith of life, heinous attacks against New York and available to help us better understand the best that life can offer. We take Washington on that fateful day. why we need to focus on education. this to the world, and I want America Today, the conflict has spread Currently, about 25 percent of our to be first so that the world can benefit through the Middle East and Central students are completing high school. from what America has to offer. Asia with no end in sight. Over the next 10 years, half of all new Thank you, Mr. President, for your The reason this information is so im- jobs will require more than a high message. And I assure you I have taken portant is that if Congress and the school education. If we compare our 15- the challenge that you have accorded American people had known about this year-olds to 15-year-olds around the us. I will work with others to make green light incident 20 years ago, they world, we find that we are 20 when it sure that we get beyond the symbolism would have been a lot more reluctant comes to science literacy; China is of sitting together and move to work- to give a green light to our government number 13; Korea 3. The U.S. is number ing together which will make the dif- to pursue the current war—a war that 28 when it comes to mathematics lit- ference in the lives of the people in this is ongoing and expanding to this very eracy among our 15-year-olds; China is country and, indirectly, the people day. number 1; Korea number 3. The U.S. is around the world.

VerDate Mar 15 2010 04:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.079 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H504 CONGRESSIONAL RECORD — HOUSE January 26, 2011 God bless you, Mr. President, and dolences. I am humbled by the dedi- block cancer cell growth. In fact, less God bless the United States of Amer- cated service and sacrifice of their than 10 percent of cancer deaths are at- ica. loved one. tributed to the original tumor. It’s f Eric’s valor and service cost him his when cancer metastasizes, when it life, but his sacrifice will live on for- grows, when it advances to a vital TRIBUTE TO CORPORAL ERIC M. ever among the many dedicated heroes organ the cancer becomes lethal. TORBERT, JR., U.S. MARINE this Nation has called to defend free- All this could not be more important CORPS, OF LANCASTER, PENN- dom. He joins the revered ranks of the to the community that I serve in west- SYLVANIA many thousands of men and women ern New York. Buffalo, New York, gave The SPEAKER pro tempore. Under a throughout American history who have the Nation and the world cancer re- previous order of the House, the gen- given their lives to secure the freedom search when the New York State Can- tleman from Pennsylvania (Mr. PITTS) of the people of the United States of cer Laboratory was first established by is recognized for 5 minutes. America and the freedom-loving people Dr. Roswell Park in 1897. Roswell Park Mr. PITTS. Mr. Speaker, I rise today around the world. He is an inspiration Cancer Institute continues that mis- with a heavy heart to remember and to us all. Semper Fidelis. sion today. And the research put out by honor Corporal Eric M. Torbert, Jr., of f doctors has led to many breakthroughs Lancaster, Pennsylvania. that alleviate suffering due to cancer SUPPORT BIOMEDICAL RESEARCH On December 18, 2010, Eric was killed every single day. by an explosion while conducting com- The SPEAKER pro tempore. Under a Roswell Park is one of 40 National bat operations in the Helmand Prov- previous order of the House, the gen- Cancer Institute-designated com- ince of Afghanistan. tleman from New York (Mr. HIGGINS) is prehensive cancer centers around the In 2007, Eric displayed his willingness recognized for 5 minutes. country that are the engine for our Na- and enthusiasm to serve and defend his Mr. HIGGINS. Mr. Speaker, last tion’s war on cancer. An important country by enlisting in the United night the President spoke to Congress part of Buffalo and western New York’s States Marine Corps at Parris Island, and to the Nation about the need for future relies upon the success of re- South Carolina. He was then assigned increased funding for biomedical re- search completed at Roswell and com- to the 1st Combat Engineer Battalion, search, both to improve the quality of panies at the Buffalo Niagara Medical 1st Marine Division, 1st Marine Expedi- life of our Nation’s citizens, and to gen- Campus coming to market, creating tionary Force, Camp Pendleton, Cali- erate new economic investment. He is new small businesses, and high-quality fornia. He deployed to Afghanistan in right, and we must heed his call on this jobs. If we don’t have a sustained in- October in 2010. initiative. vestment in cancer research moving Eric understood what it means to Cancer research is a vital part of our forward, the promise of that research live a life with purpose. He served a Nation’s biomedical research enter- and the jobs it will create will be lost. cause greater than himself. He served prise, but our Federal commitment to The time to act is now. Cancer is esti- the cause of liberty. Eric gave his life this promising field has not kept up mated to cost our Nation $263 billion in to bring hope to all freedom-loving with the rapid place of scientific inno- 2010 alone, according to the National people as did many marines before him vation. In fact, when you take into ac- Institutes of Health. in the 1st Marine Division. count medical inflation, our funding Mr. Speaker, I urge my colleagues to Activated aboard the battleship commitment to the National Cancer support a renewed commitment to can- Texas on February 1, 1941, the 1st Ma- Institute and the National Institutes of cer research because there is no better rine Division is the oldest, largest, and Health has actually been cut over the time than now. Alleviating suffering most decorated division in the United past 7 years. We can, and must, do bet- and death due to cancer in our lifetime States Marine Corps with nine Presi- ter. should not only be Congress’s goal; it dential Unit Citations. Eric has joined We will only see new, promising can- should be America’s goal. And we this storied tradition of service and ex- cer therapies that increase survival should insist on a huge Federal invest- cellence. and life quality through a sustained, ment toward that goal. Before deploying to Afghanistan, multi-year commitment of Federal f Eric married Marcelle L. Sebastian on funding for cancer research. There is June 12, 2010. Marcelle supported Eric only one failure in cancer research. It’s CITY OF HOPE 10,000TH BONE when he joined the Marine Corps in when you quit or you’re forced to quit MARROW TRANSPLANT 2007 and throughout his entire career. because of lack of funding. When Fed- The SPEAKER pro tempore. Under a Her steadfast care and sacrificial love eral cancer funding is cut or not sus- previous order of the House, the gentle- for Eric and our Nation deserve our tained over the long term, we lose not woman from California (Ms. CHU) is sincerest gratitude. only promising cancer research, but we recognized for 5 minutes. also lose talented cancer researchers. Ms. CHU. Mr. Speaker, I rise today to b 1450 President Nixon recognized this 40 pay tribute to City of Hope, a renowned Eric was a leader. He was a caring years ago when he signed the National biomedical research and treatment husband, a friend, a son, a brother, and Cancer Act. At that time, less than 50 center in my district. On January 13, a devoted member of a local band. He percent of cancer patients lived 5 years City of Hope reached a milestone few in leaves behind family and friends proud beyond their diagnosis. Today, with ad- the world have ever achieved. Doctors of his service and his distinguished ca- vances in early detection, healthy life- performed their 10,000th bone marrow reer in the military. styles, and new cancer therapies, the transplant, 34 years after they com- Eric earned a number of awards dur- survival rate is 65 percent for adults pleted one of the most successful trans- ing his service in the Marine Corps, and 80 percent for kids. That would not plants ever, and it was the first. which demonstrates his commitment have happened without a significant in- But this is more than just another to our Nation and his professionalism vestment in Federal research funding. milestone. This is a time to remember as a marine. His personal service The National Cancer Act led to a con- the thousands of children and adults awards include the Purple Heart, Com- tinued, sustained investment in cancer who have benefited from City of Hope. bat Action Ribbon, National Defense research that funded the research com- Patients like Rodrigo Nunez, a Mexi- Service Medal, Global War on Ter- munity to develop a new generation of can immigrant who, at the age of 17, rorism Service Medal, Afghanistan smart drugs that help thousands of became ill. After a transplant and the Campaign Medal, and the Sea Service cancer patients every single day. kindness of the community, he grad- Deployment Ribbon. Smart drugs are highly targeted to uated from college. He has proudly May God grant to Eric’s family the attack fast-growing cancer cells with- spent over two decades as a nurse at peace that surpasses all understanding. out damaging healthy cells. Drugs like City of Hope. We grieve their loss. Our prayers and herceptin for breast cancer, avastin for Please join me in congratulating City most heartfelt gratitude go out to lung cancer, gleevec for gastro- of Hope for their achievement and wish them, and I offer them my deepest con- intestinal stromal tumors inhibit or them luck on the next 10,000.

VerDate Mar 15 2010 07:01 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.080 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H505 SPECIAL ORDERS GRANTED Acquisition Programs (DFARS Case 2009- the Committee on Transportation and Infra- D015) (RIN: 0750-AG63) received January 19, structure. By unanimous consent, permission to 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the 237. A letter from the Program Analyst, address the House, following the legis- Committee on Armed Services. Department of Transportation, transmitting lative program and any special orders 227. A letter from the Chief Counsel, De- the Department’s final rule — Airworthiness heretofore entered, was granted to: partment of Homeland Security, transmit- Directives; The Boeing Company Model 747- (The following Members (at the re- ting the Department’s final rule — Final 100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP Series Air- quest of Ms. WOOLSEY) to revise and ex- Flood Elevation Determinations [Docket ID: planes [Docket No.: FAA-2008-1098; Direc- tend their remarks and include extra- FEMA-2010-0003] received January 18, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- torate Identifier 2008-NM-108-AD; Amend- neous material:) mittee on Financial Services. ment 39-16532; AD 2010-24-13] (RIN: 2120-AA64) Mr. MCDERMOTT, for 5 minutes, 228. A letter from the Chief Counsel, De- received January 25, 2011, pursuant to 5 today. partment of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on Mr. AL GREEN of Texas, for 5 min- ting the Department’s final rule — Final Transportation and Infrastructure. utes, today. Flood Elevation Determinations [Docket ID: 238. A letter from the Program Manager, Department of Transportation, transmitting Ms. WASSERMAN SCHULTZ, for 5 min- FEMA-2010-0003] received January 18, 2011, the Department’s final rule — Airworthiness utes, today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Financial Services. Directives; The Boeing Company Model 747 Ms. WOOLSEY, for 5 minutes, today. 229. A letter from the Deputy to the Chair- Airplanes [Docket No.: FAA-2010-0674; Direc- Mr. HIGGINS, for 5 minutes, today. man for External Affairs, Federal Deposit In- torate Identifier 2010-NM-012-AD; Amend- Ms. KAPTUR, for 5 minutes, today. surance Corporation, transmitting the Cor- ment 39-16546; AD 2010-26-07] (RIN: 2120-AA64) Mr. DEFAZIO, for 5 minutes, today. poration’s final rule — Community Reinvest- received January 13, 2011, pursuant to 5 (The following Members (at the re- ment Act Regulations (RIN: 3064-AD68) re- U.S.C. 801(a)(1)(A); to the Committee on ceived January 18, 2011, pursuant to 5 U.S.C. Transportation and Infrastructure. quest of Mr. POE of Texas) to revise and 239. A letter from the Program Analyst, extend their remarks and include ex- 801(a)(1)(A); to the Committee on Financial Services. Department of Transportation, transmitting traneous material:) 230. A letter from the Deputy to the Chair- the Department’s final rule — Airworthiness Mr. PITTS, for 5 minutes, today. man for External Affairs, Federal Deposit In- Directives; Hawker Beechcraft Corporation Mr. ROYCE, for 5 minutes, today. surance Corporation, transmitting the Cor- Models B200, B200GT, B300, and B300C Air- Mr. FORTENBERRY, for 5 minutes, poration’s final rule — Community Reinvest- planes [Docket No.: FAA-2010-1242; Direc- today. ment Act Regulations (RIN:3064-AD60) re- torate Identifier 2010-CE-062-AD; Amendment (The following Member (at her own ceived January 18, 2011, pursuant to 5 U.S.C. 39-16542; AD 2010-26-03] (RIN: 2120-AA64) re- 801(a)(1)(A); to the Committee on Financial ceived January 25, 2011, pursuant to 5 U.S.C. request) to revise and extend her re- 801(a)(1)(A); to the Committee on Transpor- marks and include extraneous mate- Services. 231. A letter from the Director, Office of tation and Infrastructure. rial:) Congressional Affairs, Nuclear Regulatory 240. A letter from the Program Analyst, Ms. CHU, for 5 minutes, today. Commission, transmitting the Commission’s Department of Transportation, transmitting final rule — Withdrawal of Regulatory Guide the Department’s final rule — Airworthiness f Directives; Rolls-Royce Deutschland Ltd & 1.154, ‘‘Format and Content of Plant-Specific Co KG Models BR700-710A1-10; BR700-710A2- LEAVE OF ABSENCE Pressurized Thermal Shock Safety Analysis 20; and BR700-710C4-11 Turbofan Engines Reports for Pressurized Water Reactors’’ By unanimous consent, leave of ab- [Docket No.: FAA-2010-0614; Directorate [NRC-2011-XXXX] [7590-01-P] received Janu- sence was granted to: Identifier 2010-NE-24-AD; Amendment 39- ary 18, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. DEFAZIO (at the request of Ms. 16538; AD 2010-25-05] (RIN: 2120-AA64) received to the Committee on Energy and Commerce. January 25, 2011, pursuant to 5 U.S.C. PELOSI) for today after 2 p.m. 232. A letter from the Assistant Secretary, 801(a)(1)(A); to the Committee on Transpor- Mr. DOYLE (at the request of Ms. Legislative Affairs, Department of State, tation and Infrastructure. PELOSI) for today after 1 p.m. transmitting Transmittal No. DDTC 10-113, 241. A letter from the Program Analyst, f pursuant to the reporting requirements of Department of Transportation, transmitting Section 36(c) and 36(d) of the Arms Export the Department’s final rule — Airworthiness SENATE BILL REFERRED Control Act; to the Committee on Foreign Directives; The Boeing Company Model 747- Affairs. 200C, -200F, -400, -400D, and -400F Series Air- Concurrent resolution of the Senate 233. A letter from the Assistant Legal Ad- planes [Docket No.: FAA-2010-0232; Direc- of the following title was taken from viser for Treaty Affairs, Department of the Speaker’s table and, under the rule, torate Identifier 2009-NM-032-AD; Amend- State, transmitting report prepared by the ment 39-16549; AD 2010-26-10] (RIN: 2120-AA64) referred as follows: Department of State concerning inter- received January 13, 2011, pursuant to 5 S. Con. Res. 3. Concurrent Resolution hon- national agreements other than treaties en- U.S.C. 801(a)(1)(A); to the Committee on oring the service and sacrifice of Staff Ser- tered into by the United States to be trans- Transportation and Infrastructure. geant Salvatore Giunta, a native of Hia- mitted to the Congress within the sixty-day 242. A letter from the Program Manager, watha, Iowa, and the first living recipient of period specified in the Case-Zablocki Act; to Department of Transportation, transmitting the Medal of Honor since the Vietnam War; the Committee on Foreign Affairs. the Department’s final rule — Airworthiness the Committee on Armed Services. 234. A letter from the Rules Administrator, Directives; The Boeing Company Model 767 Department of Justice, transmitting the De- f Airplanes [Docket No. FAA-2010-0127; Direc- partment’s final rule — Inmate Discipline torate Identifier 2009-NM-242-AD; Amend- ADJOURNMENT Program/Special Housing Units: Subpart Re- ment 39-16547; AD 2010-26-08] (RIN: 2120-AA64) vision and Clarification [Docket No.: BOP- received January 13, 2011, pursuant to 5 Ms. CHU. Mr. Speaker, pursuant to 1118-F] (RIN: 1120-AB18) received January 18, U.S.C. 801(a)(1)(A); to the Committee on Senate Concurrent Resolution 1, 112th 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. Congress, I move that the House do Committee on the Judiciary. 243. A letter from the Program Manager, now adjourn. 235. A letter from the Program Analyst, Department of Transportation, transmitting The motion was agreed to; accord- Department of Transportation, transmitting the Department’s final rule — Airworthiness ingly (at 2 o’clock and 56 minutes the Department’s final rule — Airworthiness Directives; Airbus Model A321-211, -212, -231, Directives; The Boeing Company Model 737- p.m.), the House adjourned until Tues- and -232 Airplanes [Docket No.: FAA-2010- 600, -700, -700C, -800, and -900 Series Airplanes 1201; Directorate Identifier 2010-NM-081-AD; day, February 8, 2011, at 2 p.m. [Docket No.: FAA-2009-0913; Directorate Amendment 39-16551; AD 2010-26-12] (RIN: f Identifier 2009-NM-101-AD; Amendment 39- 2120-AA64) received January 13, 2011, pursu- 16545; AD 2010-26-06] (RIN: 2120-AA64) received ant to 5 U.S.C. 801(a)(1)(A); to the Committee EXECUTIVE COMMUNICATIONS, January 13, 2011, pursuant to 5 U.S.C. on Transportation and Infrastructure. ETC. 801(a)(1)(A); to the Committee on Transpor- 244. A letter from the Program Manager, Under clause 2 of rule XIV, executive tation and Infrastructure. Department of Transportation, transmitting 236. A letter from the Program Analyst, the Department’s final rule — Airworthiness communications were taken from the Department of Transportation, transmitting Directives; Sikorsky Aircraft Corporation Speaker’s table and referred as follows: the Department’s final rule — Airworthiness (Sikorsky) Model S76A, B, and C Helicopters 226. A letter from the Director, Defense Directives; Pacific Aerospace Limited Model [Docket No.: FAA-2010-1250; Directorate Procurement and Acquisition Policy, De- FU24-954 and FU24A-954 Airplanes [Docket Identifier 2010-SW-075-AD; Amendment 39- partment of Defense, transmitting the De- No.: FAA-2010-1021; Directorate Identifier 16548; AD 2010-26-09] (RIN: 2120-AA64) received partment’s final rule — Defense Federal Ac- 2010-CE-053-AD; Amendment 39-16541; AD January 13, 2011, pursuant to 5 U.S.C. quisition Regulation Supplement; Organiza- 2010-26-02] (RIN: 2120-AA64) received January 801(a)(1)(A); to the Committee on Transpor- tional Conflicts of Interest in Major Defense 25, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure.

VerDate Mar 15 2010 04:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JA7.084 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H506 CONGRESSIONAL RECORD — HOUSE January 26, 2011 245. A letter from the Program Analyst, transmitting the Department’s final rule — merce, for a period to be subsequently deter- Department of Transportation, transmitting Yamhill-Carlton Viticultural Area [Docket mined by the Speaker, in each case for con- the Department’s final rule — DASSAULT No.: TTB-2010-0002; T.D. TTB-87; Re: Notice sideration of such provisions as fall within AVIATION Model Falcon 10 Airplanes; Model No. 104] (RIN: 1513-AB65) received January 18, the jurisdiction of the committee concerned. FAN JET FALCON, FAN JET FALCON SE- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. SULLIVAN: RIES C, D, E, F, and G Airplanes; Model Committee on Ways and Means. H.R. 451. A bill to ensure that patients re- MYSTERE-FALCON 200 Airplanes; Model 254. A letter from the Federal Register Li- ceive accurate health care information by MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and aison Officer, Department of the Treasury, prohibiting misleading and deceptive adver- 20-F5 Airplanes; Model FALCON 2000 and transmitting the Department’s final rule — tising or representation in the provision of FALCON 2000EX Airplanes; and Model Expansion of the Santa Maria Valley health care services, and to require the iden- MYSTERE-FALCON 50 and MYSTERE-FAL- Viticultural Area [Docket No.: TTB-2010- tification of the license of health care profes- CON 900 Airplanes, and FALCON 900EX Air- 0001; T.D. TTB-88; Re: Notice No. 103] (RIN: sionals; to the Committee on Energy and planes [Docket No.: FAA-2009-0864; Direc- 1513-AB31) received January 18, 2011, pursu- Commerce. torate Identifier 2008-NM-202-AD; Amend- ant to 5 U.S.C. 801(a)(1)(A); to the Committee By Mr. ROE of Tennessee (for himself, ment 39-16544; AD 2010-26-05] (RIN: 2120-AA64) on Ways and Means. Mr. BURGESS, Mr. POSEY, Mrs. received January 13, 2011, pursuant to 5 255. A letter from the Chief, Publications BLACKBURN, Mr. PAUL, Mr. WEST- U.S.C. 801(a)(1)(A); to the Committee on and Regulations Branch, Internal Revenue MORELAND, Mr. LAMBORN, Mr. JONES, Transportation and Infrastructure. Service, transmitting the Service’s final rule Mr. LONG, Mr. SESSIONS, Mr. 246. A letter from the Senior Program Ana- — Supersession of Rev. Proc. 2008-52 and CRAWFORD, Mr. ROONEY, Mr. DUNCAN lyst, Department of Transportation, trans- Modification of Rev. Proc. 97-27, Procedures of Tennessee, Mr. GARY G. MILLER of mitting the Department’s final rule — Air- for Automatic and non-Automatic Changes California, Mr. NUNNELEE, Mr. worthiness Directives; The Boeing Company in Method of Accounting (Rev. Proc. 2011-14) FRELINGHUYSEN, Mr. HUNTER, Mr. Model 777-200 Series Airplanes [Docket No.: received January 12, 2011, pursuant to 5 CONAWAY, Mr. HALL, Mr. BROUN of FAA-2009-0430; Directorate Identifier 2008- U.S.C. 801(a)(1)(A); to the Committee on Georgia, Mr. COFFMAN of Colorado, NM-148-AD; Amendment 39-16540; AD 2010-26- Ways and Means. Mr. COBLE, Mr. THOMPSON of Pennsyl- 01] (RIN: 2120-AA64) received January 13, 256. A letter from the Deputy Chief Coun- vania, and Mr. ROHRABACHER): 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the sel, Regulations and Security Standards, De- H.R. 452. A bill to repeal the provisions of Committee on Transportation and Infra- partment of Homeland Security, transmit- the Patient Protection and Affordable Care structure. ting the Department’s final rule — Air Cargo Act providing for the Independent Payment 247. A letter from the Trial Attorney, De- Security Requirements; Compliance Dates; Advisory Board; to the Committee on Ways partment of Transportation, transmitting Amendment [Docket No.: TSA-2004-19515; and Means, and in addition to the Commit- the Administration’s final rule — Adjust- Amendment Nos. 1544-7, 1546-4, and 1548-4] tees on Rules, and Energy and Commerce, for ment of Monetary Threshold for Reporting (RIN: 1625-AA52) received January 18, 2011, a period to be subsequently determined by Rail Equipment Accidents/Incidents for Cal- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Speaker, in each case for consideration endar Year 2011 [FRA-2008-0136, Notice No. 3] mittee on Homeland Security. of such provisions as fall within the jurisdic- (RIN: 2130-ZA04) received January 13, 2011, tion of the committee concerned. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f By Mr. SHULER (for himself, Mr. COO- PER, Mr. BARROW, Mr. MATHESON, Mr. mittee on Transportation and Infrastruc- PUBLIC BILLS AND RESOLUTIONS ture. CARDOZA, Mr. SCHIFF, Ms. LORETTA 248. A letter from the Attorney, Depart- Under clause 2 of rule XII, public SANCHEZ of California, Mr. BOSWELL, ment of Transportation, transmitting the bills and resolutions of the following Mr. BACA, Mr. ALTMIRE, Mr. BOREN, Department’s final rule — Establishment of titles were introduced and severally re- Mr. ROSS of Arkansas, Mr. HOLDEN, Emergency Relief Dockets and Procedures ferred, as follows: Mr. CUELLAR, Mr. MCINTYRE, Mr. for Handling Petitions for Emergency Waiv- CHANDLER, Mr. COSTA, Mr. DONNELLY By Ms. HIRONO: er of Safety Regulations [Docket No.: FRA- of Indiana, and Mr. SCHRADER): H.R. 447. A bill to amend the Small Busi- 2006-24838] (RIN: 2130-AB79) received January H.R. 453. A bill to prohibit States from car- ness Act to improve the Small Business In- 13, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to rying out more than one Congressional redis- novation Research Program, and for other the Committee on Transportation and Infra- tricting after a decennial census and appor- purposes; to the Committee on Small Busi- structure. tionment, to require States to conduct such 249. A letter from the Senior Program Ana- ness, and in addition to the Committee on redistricting through independent commis- lyst, Department of Transportation, trans- Science, Space, and Technology, for a period sions, and for other purposes; to the Com- mitting the Department’s final rule — Modi- to be subsequently determined by the Speak- mittee on the Judiciary. fication of Class E Airspace; Portland, OR er, in each case for consideration of such pro- By Mr. ROE of Tennessee: [Docket No.: FAA-2010-0719; Airspace Docket visions as fall within the jurisdiction of the H.R. 454. A bill to authorize the United No. 10-ANM-8], pursuant to 5 U.S.C. committee concerned. States Capitol Police to reimburse local law 801(a)(1)(A); to the Committee on Transpor- By Ms. HIRONO: enforcement agencies for protective services tation and Infrastructure. H.R. 448. A bill to amend the Small Busi- provided at official public Congressional 250. A letter from the Senior Program Ana- ness Act to improve the Small Business In- events, and for other purposes; to the Com- lyst, Department of Transportation, trans- novation Research Program and the Small mittee on House Administration. mitting the Department’s final rule — Business Technology Transfer Program, and By Mr. COLE (for himself, Mr. ROONEY, Standard Instrument Approach Procedures, for other purposes; to the Committee on Mr. BISHOP of Utah, Mr. BOREN, Mr. and Takeoff Minimums and Obstacle Depar- Small Business, and in addition to the Com- GARRETT, Mr. WILSON of South Caro- ture Procedures; Miscellaneous Amendments mittee on Science, Space, and Technology, lina, Mr. LUCAS, Mr. MILLER of Flor- [Docket No.: 30762; Amdt. 3407] received Jan- for a period to be subsequently determined ida, Mr. SCOTT of South Carolina, Mr. uary 13, 2011, pursuant to 5 U.S.C. by the Speaker, in each case for consider- SULLIVAN, Mr. GRIFFIN of Arkansas, 801(a)(1)(A); to the Committee on Transpor- ation of such provisions as fall within the ju- Mr. BILBRAY, Mr. KLINE, Mrs. tation and Infrastructure. risdiction of the committee concerned. BLACKBURN, Mr. HANNA, Mr. TERRY, 251. A letter from the Senior Program Ana- By Ms. HIRONO: Mr. DANIEL E. LUNGREN of California, lyst, Department of Transportation, trans- H.R. 449. A bill to amend the Small Busi- Mr. KING of Iowa, Mr. LANKFORD, Mr. mitting the Department’s final rule — ness Act to improve the Small Business BARTON of Texas, Mr. SCHOCK, Mr. Feathering Propeller Systems for Light- Technology Transfer Program, and for other MCHENRY, Mr. HALL, Mr. PEARCE, Mr. Sport Aircraft Powered Gliders [Docket No.: purposes; to the Committee on Small Busi- CARTER, Mr. ISSA, Mr. CHABOT, Mr. FAA-2010-0812; Amendment No. 1-66] (RIN: ness, and in addition to the Committee on CONAWAY, Mr. NEUGEBAUER, Mr. 2120-AJ81) received January 13, 2011, pursu- Science, Space, and Technology, for a period WALBERG, Mr. FLORES, Mr. POE of ant to 5 U.S.C. 801(a)(1)(A); to the Committee to be subsequently determined by the Speak- Texas, Mr. YOUNG of Indiana, Mr. on Transportation and Infrastructure. er, in each case for consideration of such pro- STUTZMAN, Mr. MARCHANT, Mrs. 252. A letter from the Trial Attorney, Fed- visions as fall within the jurisdiction of the LUMMIS, Mr. FRANKS of Arizona, Mr. eral Railroad Administration, transmitting committee concerned. ROE of Tennessee, Mr. WESTMORE- the Administration’s final rule — Adjust- By Mr. REICHERT (for himself and LAND, Mr. SOUTHERLAND, Mr. NUGENT, ment of Monetary Threshold for Reporting Mrs. MYRICK): Ms. GRANGER, Mr. POSEY, Mr. BILI- Rail Equipment Accidents/Incidents for Cal- H.R. 450. A bill to repeal limitations im- RAKIS, Mr. POMPEO, Mr. HUELSKAMP, endar year 2010 [FRA-2008-0136, Notice No. 1] posed by the Patient Protection and Afford- Mr. FARENTHOLD, Mr. SCHWEIKERT, (RIN: 2130-ZA02) received January 13, 2011, able Care Act on health-related tax benefits Mr. AKIN, Mr. WALSH of Illinois, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- under the Internal Revenue Code of 1986 and CRAWFORD, Mr. FLEMING, Mr. mittee on Transportation and Infrastruc- to treat high deductible health plans as CHAFFETZ, Mr. GIBBS, Mr. CAMPBELL, ture. qualified health plans under such Act; to the Mr. KINGSTON, Mr. MANZULLO, Mr. 253. A letter from the Federal Register Li- Committee on Ways and Means, and in addi- PAUL, Mr. CANSECO, and Mr. aison Officer, Department of the Treasury, tion to the Committee on Energy and Com- BENISHEK):

VerDate Mar 15 2010 04:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\L26JA7.000 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H507 H.R. 455. A bill to protect 10th Amendment H.R. 461. A bill to direct the Secretary of By Ms. BERKLEY: rights by providing special standing for the Interior to convey certain Federal fea- H.R. 468. A bill to amend the Internal Rev- State government officials to challenge pro- tures of the electric distribution system to enue Code of 1986 to repeal the reduction in posed regulations, and for other purposes; to the South Utah Valley Electric Service Dis- the deductible portion of expenses for busi- the Committee on the Judiciary. trict, and for other purposes; to the Com- ness meals and entertainment; to the Com- By Mr. GONZALEZ (for himself and mittee on Natural Resources. mittee on Ways and Means. Mr. JONES): By Mr. GOODLATTE (for himself, Mr. By Mr. BISHOP of New York (for him- H.R. 456. A bill to require the establish- ADERHOLT, Mr. AUSTRIA, Mr. BACHUS, self, Mr. GEORGE MILLER of Cali- ment of a Consumer Price Index for Elderly Mr. BROUN of Georgia, Mr. BURGESS, fornia, Mr. KUCINICH, Mr. ANDREWS, Consumers to compute cost-of-living in- Mr. BURTON of Indiana, Mr. CARTER, Mr. HOLT, Mr. LOEBSACK, Mrs. creases for Social Security benefits under Mr. CHAFFETZ, Mr. COFFMAN of Colo- MCCARTHY of New York, Ms. WOOL- title II of the Social Security Act; to the rado, Mr. DUNCAN of Tennessee, Mr. SEY, Mr. POLIS, Ms. HIRONO, and Mr. Committee on Ways and Means, and in addi- FORBES, Mr. GOHMERT, Mr. GRAVES of GRIJALVA): tion to the Committee on Education and the Missouri, Mr. GRIFFITH of Virginia, H.R. 469. A bill to promote minimum State Workforce, for a period to be subsequently Mr. HUNTER, Mr. JONES, Mr. KING of requirements for the prevention and treat- determined by the Speaker, in each case for Iowa, Mr. KINGSTON, Mr. LAMBORN, ment of concussions caused by participation consideration of such provisions as fall with- Mr. LUETKEMEYER, Mr. MANZULLO, in school sports, and for other purposes; to in the jurisdiction of the committee con- Mr. MCCLINTOCK, Mr. MCINTYRE, Mrs. the Committee on Education and the Work- cerned. MCMORRIS RODGERS, Mr. GARY G. force. By Mr. MCKINLEY (for himself, Mrs. MILLER of California, Mr. MILLER of By Mr. HECK (for himself, Mrs. CAPITO, Mr. JOHNSON of Ohio, Mr. Florida, Mrs. MYRICK, Mr. NAPOLITANO, Mr. BACA, and Mr. GIBBS, and Mr. RAHALL): DREIER): H.R. 457. A bill to amend the Federal Water NEUGEBAUER, Mr. PENCE, Mr. PITTS, Mr. ROE of Tennessee, Mr. ROGERS of H.R. 470. A bill to further allocate and ex- Pollution Control Act to remove the Admin- pand the availability of hydroelectric power istrator of the Environmental Protection Alabama, Mr. ROSS of Florida, Mr. generated at Hoover Dam, and for other pur- Agency’s authority to disapprove after a per- SCALISE, Mr. SENSENBRENNER, Mr. poses; to the Committee on Natural Re- mit has been issued by the Secretary of the SIMPSON, Mr. TERRY, Mr. THORN- sources, and in addition to the Committee on Army under section 404 of such Act; to the BERRY, Mr. WESTMORELAND, and Mr. Committee on Transportation and Infra- WITTMAN): the Budget, for a period to be subsequently structure. H.R. 462. A bill to terminate the Internal determined by the Speaker, in each case for By Ms. SLAUGHTER (for herself and Revenue Code of 1986; to the Committee on consideration of such provisions as fall with- in the jurisdiction of the committee con- Mrs. CAPITO): Ways and Means, and in addition to the Com- H.R. 458. A bill to amend the Elementary mittee on Rules, for a period to be subse- cerned. and Secondary Education Act of 1965 to di- quently determined by the Speaker, in each By Mr. BOEHNER (for himself, Mr. rect certain coeducational elementary and case for consideration of such provisions as ISSA, Mr. KLINE, Mr. LIPINSKI, Mr. secondary schools to make available infor- fall within the jurisdiction of the committee HUNTER, and Mr. GOWDY): mation on equality in school athletic pro- concerned. H.R. 471. A bill to reauthorize the DC op- grams, and for other purposes; to the Com- By Mr. CHAFFETZ (for himself, Mr. portunity scholarship program, and for other mittee on Education and the Workforce. ISSA, Mr. FLAKE, Mr. HENSARLING, purposes; to the Committee on Oversight and By Mr. PAUL (for himself, Mr. Mr. PAUL, Mr. BACHUS, Mr. PLATTS, Government Reform. COFFMAN of Colorado, Mr. THOMPSON Mr. POE of Texas, Mr. ROGERS of By Mr. BOREN: of Pennsylvania, Mr. ALEXANDER, Mr. Michigan, Mr. SMITH of Nebraska, H.R. 472. A bill to reauthorize the Impact MCCLINTOCK, Mr. BILIRAKIS, Mr. Mr. MACK, and Mr. QUIGLEY): Aid Program under the Elementary and Sec- BACHUS, Mr. CHAFFETZ, Mr. H.R. 463. A bill to apply the Freedom of In- ondary Education Act of 1965; to the Com- FORTENBERRY, Mr. LATOURETTE, Mr. formation Act to the Federal National Mort- mittee on Education and the Workforce. BURTON of Indiana, Mr. POSEY, Mr. gage Association and the Federal Home Loan By Mr. BOREN: JONES, Mr. REED, Mr. BROUN of Geor- Mortgage Corporation during any period H.R. 473. A bill to provide for the convey- gia, Mr. HELLER, Mr. BARTON of that such entities are in conservatorship or ance of approximately 140 acres of land in Texas, Mr. WOODALL, Mr. MCCAUL, receivership; to the Committee on Financial the Ouachita National Forest in Oklahoma Mr. ROHRABACHER, Mr. LANCE, Mrs. Services. to the Indian Nations Council, Inc., of the MCMORRIS RODGERS, Mr. SIMPSON, By Mr. CHAFFETZ: Boy Scouts of America, and for other pur- Mr. SMITH of Nebraska, Mr. LAMBORN, H.R. 464. A bill to prohibit United States poses; to the Committee on Natural Re- Mr. SMITH of Texas, Mr. REHBERG, contributions to the International Fund for sources. Mrs. MYRICK, Mr. MCKEON, Mr. Ireland; to the Committee on Foreign Af- By Mr. BOREN: WITTMAN, Mrs. BLACKBURN, Mr. fairs. H.R. 474. A bill to prohibit the importation MARCHANT, Mr. GALLEGLY, Ms. KAP- By Mr. ALEXANDER: for sale of foreign-made flags of the United H.R. 465. A bill to direct the Secretary of TUR, Ms. WOOLSEY, Mr. SCHOCK, Mr. States of America; to the Committee on Veterans Affairs to conduct a pilot project BURGESS, Mr. ROSS of Florida, Mr. Ways and Means. on the use of educational assistance under CALVERT, Mr. FLORES, Mr. GRAVES of By Mr. BOREN: programs of the Department of Veterans Af- H.R. 475. A bill to take certain property in Georgia, Mr. MCKINLEY, Mr. fairs to defray training costs associated with McIntosh County, Oklahoma, into trust for LOBIONDO, Mr. GARY G. MILLER of the purchase of certain franchise enterprises; the benefit of the Muscogee (Creek) Nation, California, Mr. MILLER of Florida, to the Committee on Veterans’ Affairs, and and for other purposes; to the Committee on Mr. YOUNG of Florida, Mr. FORBES, in addition to the Committee on Armed Transportation and Infrastructure, and in Mr. GARRETT, Mr. GERLACH, Mr. Services, for a period to be subsequently de- addition to the Committee on the Budget, GOHMERT, Mr. HUIZENGA of Michigan, termined by the Speaker, in each case for for a period to be subsequently determined Mr. KUCINICH, Mr. YOUNG of Alaska, consideration of such provisions as fall with- by the Speaker, in each case for consider- Mr. CAMPBELL, Mr. PETRI, and Mr. in the jurisdiction of the committee con- ation of such provisions as fall within the ju- BARTLETT): H.R. 459. A bill to require a full audit of the cerned. risdiction of the committee concerned. Board of Governors of the Federal Reserve By Mr. BACA: By Mr. BRADY of Texas (for himself, System and the Federal reserve banks by the H.R. 466. A bill to amend title 39, United Mr. REICHERT, Mr. SAM JOHNSON of Comptroller General of the United States be- States Code, to extend the authority of the Texas, Ms. BERKLEY, Mr. LARSEN of fore the end of 2012, and for other purposes; United States Postal Service to issue a Washington, Mrs. BLACKBURN, Mrs. to the Committee on Oversight and Govern- semipostal to raise funds for breast cancer MCMORRIS RODGERS, Mr. SESSIONS, ment Reform. research; to the Committee on Oversight and Mrs. ADAMS, Mrs. LUMMIS, Mr. By Mr. CHAFFETZ (for himself, Mr. Government Reform, and in addition to the POSEY, Mr. POE of Texas, Mr. YOUNG MATHESON, and Mr. BISHOP of Utah): Committees on Energy and Commerce, and of Florida, Ms. GRANGER, Mr. HELL- H.R. 460. A bill to authorize the Secretary Armed Services, for a period to be subse- ER, Ms. BROWN of Florida, Mr. COO- of the Interior to facilitate the development quently determined by the Speaker, in each PER, Ms. EDDIE BERNICE JOHNSON of of hydroelectric power on the Diamond Fork case for consideration of such provisions as Texas, Mr. DUNCAN of Tennessee, Mr. System of the Central Utah Project; to the fall within the jurisdiction of the committee MCDERMOTT, Ms. HERRERA BEUTLER, Committee on Natural Resources, and in ad- concerned. and Mr. MCCAUL): dition to the Committee on the Budget, for a By Ms. BERKLEY: H.R. 476. A bill to amend the Internal Rev- period to be subsequently determined by the H.R. 467. A bill to amend the Internal Rev- enue Code of 1986 to make permanent the de- Speaker, in each case for consideration of enue Code of 1986 to restore the deduction for duction of State and local general sales such provisions as fall within the jurisdic- the travel expenses of a taxpayer’s spouse taxes; to the Committee on Ways and Means. tion of the committee concerned. who accompanies the taxpayer on business By Mr. BRALEY of Iowa: By Mr. CHAFFETZ (for himself and travel; to the Committee on Ways and H.R. 477. A bill to amend the Internal Rev- Mr. BISHOP of Utah): Means. enue Code of 1986 to extend the exemption

VerDate Mar 15 2010 04:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\L26JA7.100 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H508 CONGRESSIONAL RECORD — HOUSE January 26, 2011 from employer Social Security taxes with re- allowed against the Federal income tax for By Mr. KING of New York (for himself, spect to previously unemployed individuals, charitable contributions to education invest- Mr. DANIEL E. LUNGREN of California, and to extend the credit for the retention of ment organizations that provide assistance Mr. ROGERS of Alabama, Mr. MCCAUL, such individuals; to the Committee on Ways for elementary and secondary education; to Mr. BILIRAKIS, Mrs. MILLER of Michi- and Means. the Committee on Ways and Means. gan, Mr. WALSH of Illinois, Mr. MEE- By Mr. BUCHANAN (for himself, Mr. By Mr. GARAMENDI (for himself, Ms. HAN, Mr. QUAYLE, Mr. LONG, Mr. MCKEON, Mr. ROGERS of Michigan, MATSUI, Mr. MCNERNEY, Mr. GEORGE MARINO, Mr. FARENTHOLD, and Mr. Mr. LAMBORN, Mr. BURTON of Indiana, MILLER of California, and Mr. THOMP- ROYCE): and Mr. SMITH of Texas): SON of California): H.R. 495. A bill to amend the Homeland Se- H.R. 486. A bill to establish the Sac- H.R. 478. A bill to require that all foreign curity Act of 2002 to provide immunity for terrorists with links to terrorist networks ramento-San Joaquin Delta National Herit- age Area; to the Committee on Natural Re- reports of suspected terrorist activity or sus- who attack the United States or its Govern- picious behavior and response; to the Com- ment be considered enemy combatants to be sources. By Mr. GARAMENDI (for himself, Mr. mittee on the Judiciary. tried by military tribunals instead of civil- By Mr. KING of New York (for himself, ian courts; to the Committee on Armed Serv- DEFAZIO, Mr. HINCHEY, and Mr. Mr. BISHOP of New York, Mr. ENGEL, ices, and in addition to the Committee on HOLDEN): Mr. RANGEL, and Ms. CHU): the Judiciary, for a period to be subse- H.R. 487. A bill to require 100 percent do- quently determined by the Speaker, in each mestic content in green technologies pur- H.R. 496. A bill to amend title 18, United case for consideration of such provisions as chased by Federal agencies or by States with States Code, to prohibit the carrying of a fall within the jurisdiction of the committee Federal funds and in property eligible for the firearm near a place where a senior Federal concerned. renewable energy production or investment official is holding an official public event or By Mr. BUTTERFIELD: tax credits; to the Committee on Oversight carrying out an official or representational H.R. 479. A bill to provide for the issuance and Government Reform, and in addition to duty, or where any person is campaigning for of a commemorative postage stamp in honor the Committee on Ways and Means, for a pe- Federal elective office; to the Committee on of George Henry White; to the Committee on riod to be subsequently determined by the the Judiciary. Oversight and Government Reform. Speaker, in each case for consideration of By Mr. LATTA (for himself, Mr. By Ms. CASTOR of Florida: such provisions as fall within the jurisdic- MCCLINTOCK, Mr. LEWIS of California, H.R. 480. A bill to establish programs to aid tion of the committee concerned. Mr. AUSTRIA, Mr. BURTON of Indiana, in the economic, environmental, and public By Mr. GERLACH (for himself, Mr. Mr. SCALISE, Mr. ROGERS of Ken- health recovery of the Gulf States from the THOMPSON of Pennsylvania, Mr. tucky, Mr. CALVERT, Mr. JONES, Mr. damage and harm caused by the blowout of HOLDEN, Mr. DENT, Mr. ALTMIRE, Mr. DANIEL E. LUNGREN of California, Mr. the mobile offshore drilling unit Deepwater KELLY, Mr. MARINO, Mr. PLATTS, and WOLF, Mr. FRELINGHUYSEN, Mr. Horizon and the resulting degradation of the Mr. PITTS): GRIMM, Mr. CHABOT, Mr. CRAWFORD, H.R. 488. A bill to amend the Internal Rev- Gulf over time, and for other purposes; to Mr. FRANKS of Arizona, Mr. GINGREY enue Code of 1986 to repeal the excise tax on the Committee on Natural Resources, and in of Georgia, Mr. ISSA, Mr. FLEMING, medical devices; to the Committee on Ways addition to the Committees on Transpor- Mr. HERGER, Mr. WILSON of South and Means. tation and Infrastructure, Energy and Com- Carolina, Mr. ROE of Tennessee, Mr. By Mr. GOSAR: BRADY of Texas, Ms. BUERKLE, Mrs. merce, and Science, Space, and Technology, H.R. 489. A bill to clarify the jurisdiction BLACKBURN, Mr. MARCHANT, Mr. FLO- for a period to be subsequently determined of the Secretary of the Interior with respect RES, Mr. LAMBORN, and Mr. POSEY): by the Speaker, in each case for consider- to the C.C. Cragin Dam and Reservoir, and ation of such provisions as fall within the ju- for other purposes; to the Committee on Nat- H.R. 497. A bill to require the Secretary of risdiction of the committee concerned. ural Resources. the Treasury to mint coins in commemora- By Mr. CONNOLLY of Virginia (for By Mr. HEINRICH: tion of Ronald Wilson Reagan, the 40th himself, Mr. BLUMENAUER, Mrs. H.R. 490. A bill to modify the boundaries of President of the United States; to the Com- LUMMIS, and Mr. WITTMAN): Cibola National Forest in the State of New mittee on Financial Services. H.R. 481. A bill to amend the Internal Rev- Mexico, to transfer certain Bureau of Land By Mr. LATTA (for himself, Mr. enue Code of 1986 to allow a credit against Management land for inclusion in the HOLDEN, Mr. CONNOLLY of Virginia, income tax for qualified conservation con- Manzano Mountain Wilderness, and for other Mr. AUSTRIA, Mr. ROONEY, Mr. tributions which include National Scenic purposes; to the Committee on Natural Re- PASCRELL, Mrs. LUMMIS, Mr. LEE of Trails; to the Committee on Ways and sources. New York, Mr. WESTMORELAND, and Means, and in addition to the Committee on By Mr. HEINRICH: Mr. DENT): Natural Resources, for a period to be subse- H.R. 491. A bill to modify the boundaries of H.R. 498. A bill to amend section 1502 of quently determined by the Speaker, in each Cibola National Forest in the State of New title 5, United States Code, to permit law en- case for consideration of such provisions as Mexico, to transfer certain Bureau of Land forcement officers to be candidates for sher- fall within the jurisdiction of the committee Management land for inclusion in the na- iff, and for other purposes; to the Committee concerned. tional forest, and for other purposes; to the on Oversight and Government Reform. By Mr. COOPER (for himself and Mrs. Committee on Natural Resources. By Mr. LATTA (for himself, Mr. BLACKBURN): By Mr. HOLT (for himself, Mr. INSLEE, KISSELL, and Mr. ROSS of Florida): H.R. 482. A bill to amend the Energy Policy Mrs. CAPPS, Mr. PALLONE, Mr. FRANK and Conservation Act to provide a uniform of Massachusetts, Ms. LEE of Cali- H.R. 499. A bill to amend the Internal Rev- efficiency descriptor for covered water heat- fornia, Mr. YARMUTH, Mr. CONNOLLY enue Code of 1986 to increase the standard ers; to the Committee on Energy and Com- of Virginia, Mr. HINCHEY, Mr. charitable mileage rate for delivery of meals merce. GARAMENDI, Ms. WOOLSEY, Ms. SUT- to elderly, disabled, frail and at risk individ- By Mr. DEFAZIO (for himself, Mr. TON, Mr. FARR, Mr. GRIJALVA, Mr. uals; to the Committee on Ways and Means. KISSELL, and Mr. MCINTYRE): JACKSON of Illinois, Ms. PINGREE of By Mr. LEVIN (for himself, Mr. DIN- H.R. 483. A bill to create an electronic em- Maine, Mr. BRALEY of Iowa, Mr. GELL, Mr. BLUMENAUER, Mr. KILDEE, ployment eligibility verification system to COHEN, Ms. SPEIER, and Mr. STARK): Mr. CLARKE of Michigan, and Mr. PE- ensure that all workers in the United States H.R. 492. A bill to amend the Oil Pollution TERS): are legally able to work, and for other pur- Act of 1990 to require responsible parties to H.R. 500. A bill to amend the Internal Rev- poses; to the Committee on the Judiciary, pay the full cost of offshore oil spills, and for enue Code of 1986 to increase the manufac- and in addition to the Committees on Ways other purposes; to the Committee on Trans- turer limitation on the number of new quali- and Means, and Education and the Work- portation and Infrastructure. fied plug-in electric drive motor vehicles eli- force, for a period to be subsequently deter- By Mr. JONES: gible for credit; to the Committee on Ways mined by the Speaker, in each case for con- H.R. 493. A bill to amend title 10, United and Means. sideration of such provisions as fall within States Code, to provide for forgiveness of By Mr. MARKEY (for himself, Mr. RA- the jurisdiction of the committee concerned. certain overpayments of retired pay paid to HALL, Mr. WAXMAN, Mr. GEORGE MIL- By Mr. DEUTCH (for himself and Mr. deceased retired members of the Armed LER of California, Ms. EDDIE BERNICE GRIJALVA): Forces following their death; to the Com- JOHNSON of Texas, Mr. HOLT, Ms. H.R. 484. A bill to amend title 5, United mittee on Armed Services. WOOLSEY, and Mrs. CAPPS): States Code, to clarify the personal privacy By Ms. KAPTUR: exemption in the Freedom of Information H.R. 494. A bill to authorize the President H.R. 501. A bill to provide for the imple- Act; to the Committee on Oversight and to reestablish the Civilian Conservation mentation of the recommendations of the Government Reform. Corps as a means of providing gainful em- National Commission on the BP Deepwater By Mr. FRANKS of Arizona: ployment to unemployed and underemployed Horizon Oil Spill and Offshore Drilling, and H.R. 485. A bill to amend the Internal Rev- citizens of the United States through the for other purposes; to the Committee on Nat- enue Code of 1986 to provide for a credit performance of useful public work, and for ural Resources, and in addition to the Com- which is dependent on enactment of State other purposes; to the Committee on Edu- mittees on Science, Space, and Technology, qualified scholarship tax credits and which is cation and the Workforce. Energy and Commerce, Transportation and

VerDate Mar 15 2010 04:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\L26JA7.100 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H509 Infrastructure, and Education and the Work- various injurious species of constrictor ceive charitable contributions of apparently force, for a period to be subsequently deter- snakes; to the Committee on the Judiciary. wholesome food; to the Committee on Ways mined by the Speaker, in each case for con- By Mr. SABLAN (for himself, Ms. and Means. sideration of such provisions as fall within MOORE, Ms. RICHARDSON, and Mr. By Mr. FORBES (for himself, Mr. the jurisdiction of the committee concerned. GRIJALVA): CHAFFETZ, Mr. WILSON of South Caro- By Ms. MATSUI (for herself and Mr. H.R. 512. A bill to encourage students from lina, Mr. GARY G. MILLER of Cali- DINGELL): American Samoa, the Commonwealth of the fornia, Mr. JONES, Mr. ROE of Ten- H.R. 502. A bill to provide for the establish- Northern Mariana Islands, Guam, and the nessee, Mr. ROSS of Arkansas, Mrs. ment of a Clean Energy Technology Manu- United States Virgin Islands to become BLACKBURN, Mr. GARRETT, Mr. facturing and Export Assistance Fund to as- civically engaged through local and Federal COFFMAN of Colorado, Mr. PENCE, Mr. sist United States businesses with exporting government fellowships; to the Committee CONAWAY, Mr. LANKFORD, Mr. SHU- clean energy technology products and serv- on Natural Resources. STER, Mr. GINGREY of Georgia, Mr. LI- ices; to the Committee on Foreign Affairs, By Mr. SCHOCK (for himself, Mrs. PINSKI, Mr. KLINE, Mr. RAHALL, Mr. and in addition to the Committee on Energy BIGGERT, Mr. JOHNSON of Illinois, Mr. BURGESS, Mr. BROUN of Georgia, Mr. and Commerce, for a period to be subse- HULTGREN, Mr. KINZINGER of Illinois, DAVIS of Kentucky, Mr. BACHUS, Mr. quently determined by the Speaker, in each Mr. MANZULLO, Mr. ROSKAM, Mr. FLORES, Mr. ALEXANDER, and Mr. case for consideration of such provisions as SCHILLING, Mr. SHIMKUS, and Mr. WOLF): fall within the jurisdiction of the committee WALSH of Illinois): H. Con. Res. 13. Concurrent resolution re- concerned. H.R. 513. A bill to prohibit the use of funds affirming ‘‘In God We Trust’’ as the official By Mr. GEORGE MILLER of California to transfer individuals detained by the motto of the United States and supporting (for himself and Mr. MARKEY): United States at Naval Station, Guantanamo and encouraging the public display of the na- H.R. 503. A bill to provide whistleblower Bay, Cuba, and certain other enemy belliger- tional motto in all public buildings, public protections to certain workers in the off- ents to the United States; to the Committee schools, and other government institutions; shore oil and gas industry; to the Committee on Armed Services. to the Committee on the Judiciary. on Education and the Workforce. By Mr. SENSENBRENNER (for him- By Mrs. BONO MACK: By Mrs. MYRICK: self, Mr. SMITH of Texas, and Mr. H. Res. 57. A resolution expressing the H.R. 504. A bill to provide immunity from ROGERS of Michigan): sense of the House of Representatives that civil liability to first responders engaged in H.R. 514. A bill to extend expiring provi- the United Nations and other international lawful efforts to prevent acts of terrorism, sions of the USA PATRIOT Improvement governmental organizations shall not be al- and for other purposes; to the Committee on and Reauthorization Act of 2005 and Intel- lowed to exercise control over the Internet; ligence Reform and Terrorism Prevention the Judiciary. to the Committee on Foreign Affairs. Act of 2004 relating to access to business By Mr. NADLER: By Ms. SPEIER (for herself, Ms. JACK- records, individual terrorists as agents of H.R. 505. A bill to amend title 18, United SON LEE of Texas, Ms. RICHARDSON, foreign powers, and roving wiretaps until De- States Code, to place limitations on the pos- Mr. ELLISON, Mr. GRIJALVA, Mrs. cember 8, 2011; to the Committee on the Ju- session, sale, and other disposition of a fire- MCCARTHY of New York, Mr. SCHIFF, diciary, and in addition to the Committee on arm by persons convicted of misdemeanor Ms. SUTTON, Ms. EDWARDS, Ms. TSON- Intelligence (Permanent Select), for a period sex offenses against children; to the Com- GAS, Mr. CONNOLLY of Virginia, Mr. to be subsequently determined by the Speak- JACKSON of Illinois, Mr. TONKO, Mr. mittee on the Judiciary. er, in each case for consideration of such pro- HINCHEY, Ms. NORTON, Mr. SMITH of By Ms. NORTON: visions as fall within the jurisdiction of the H.R. 506. A bill to amend the District of Co- committee concerned. Washington, and Ms. EDDIE BERNICE lumbia Home Rule Act to eliminate Congres- By Mr. SMITH of New Jersey (for him- JOHNSON of Texas): sional review of newly-passed District laws; H. Res. 58. A resolution expressing support self, Mr. WOLF, Mr. BURTON of Indi- to the Committee on Oversight and Govern- for designation of the first Saturday in Janu- ana, and Mr. ROHRABACHER): ment Reform, and in addition to the Com- H.R. 515. A bill to reauthorize the Belarus ary after Congress reconvenes as ‘‘National mittee on Rules, for a period to be subse- Democracy Act of 2004; to the Committee on Congress on your Corner Day‘‘; to the Com- quently determined by the Speaker, in each Foreign Affairs, and in addition to the Com- mittee on House Administration. case for consideration of such provisions as mittees on the Judiciary, and Financial By Mr. CROWLEY (for himself, Mr. fall within the jurisdiction of the committee Services, for a period to be subsequently de- ROYCE, Mrs. MALONEY, Mr. HOLT, Mr. concerned. termined by the Speaker, in each case for AL GREEN of Texas, Mr. WEINER, Mr. By Mr. PETRI (for himself and Mr. consideration of such provisions as fall with- HIGGINS, Mr. ENGEL, Mr. RYAN of WU): in the jurisdiction of the committee con- Ohio, Mr. MCDERMOTT, and Mr. H.R. 507. A bill to increase assessment ac- cerned. RUSH): curacy to better measure student achieve- By Mr. WOLF (for himself, Mr. ROGERS H. Res. 59. A resolution expressing the ment and provide States with greater flexi- of Kentucky, Mr. WITTMAN, Mr. AUS- sense of the House of Representatives regard- bility on assessment design; to the Com- TRIA, Mr. MCKINLEY, Mr. LIPINSKI, ing the democratic Constitution of the Re- mittee on Education and the Workforce. Ms. KAPTUR, Mr. RUPPERSBERGER, public of India and United States-India rela- By Mr. POSEY (for himself, Mr. BISHOP and Mr. FORBES): tions; to the Committee on Foreign Affairs. of Utah, Mr. LAMBORN, Mr. YOUNG of H.R. 516. A bill to establish a strategy to By Mr. POE of Texas (for himself, Mr. Alaska, Mrs. BLACKBURN, and Mr. encourage manufacturing in the United ROHRABACHER, Ms. JACKSON LEE of BARTLETT): States and for the repatriation of manufac- Texas, Mr. DICKS, Mr. TOWNS, Ms. H.R. 508. A bill to amend the Internal Rev- turing jobs off-shored to other countries, and CHU, Mr. YOUNG of Alaska, Mr. enue Code of 1986 to make permanent the for other purposes; to the Committee on En- CLEAVER, Mr. SCHOCK, and Mr. child tax credit and to allow for adjustments ergy and Commerce, and in addition to the FRANKS of Arizona): for inflation with respect to the child tax Committees on Transportation and Infra- H. Res. 60. A resolution urging the Sec- credit; to the Committee on Ways and structure, Financial Services, the Judiciary, retary of State to remove the People’s Means. Ways and Means, and Science, Space, and Mojahedin Organization of Iran from the De- By Mr. REHBERG (for himself, Mr. Technology, for a period to be subsequently partment of State’s list of Foreign Terrorist MATHESON, Mrs. LUMMIS, Mr. ROSS of determined by the Speaker, in each case for Organizations; to the Committee on the Ju- Arkansas, Mr. BISHOP of Utah, Mr. consideration of such provisions as fall with- diciary, and in addition to the Committee on BOSWELL, Mr. BOREN, Mr. BROUN of in the jurisdiction of the committee con- Foreign Affairs, for a period to be subse- Georgia, Mr. CARDOZA, Mr. CHAFFETZ, cerned. quently determined by the Speaker, in each Mr. HELLER, Mr. KLINE, Mr. LAB- By Mr. YOUNG of Alaska (for himself, case for consideration of such provisions as RADOR, Mr. SIMPSON, Mr. WALDEN, Mr. BISHOP of Utah, Mr. CHAFFETZ, fall within the jurisdiction of the committee and Mr. YOUNG of Alaska): Mr. JONES, Mr. MCKINLEY, Mr. concerned. H.R. 509. A bill to amend the Endangered CARTER, Mr. POE of Texas, Mr. BROUN By Mr. LIPINSKI (for himself, Mr. Species Act of 1973 to provide that Act shall of Georgia, Mr. LATTA, and Mr. GRIF- SMITH of New Jersey, Mr. REED, Mr. not apply to the gray wolf (canis lupus); to FITH of Virginia): JONES, Ms. KAPTUR, Ms. MCCOLLUM, the Committee on Natural Resources. H.R. 517. A bill to amend the Federal Water Ms. HIRONO, Mr. AKIN, Mr. BACA, Mr. By Mr. REHBERG (for himself, Mr. Pollution Control Act to eliminate the au- DONNELLY of Indiana, Mr. GRIJALVA, SIMPSON, and Mr. LABRADOR): thority of the Administrator of the Environ- Mr. RUPPERSBERGER, Mrs. H.R. 510. A bill to amend the Endangered mental Protection Agency to deny or re- CHRISTENSEN, Mr. HOLDEN, Ms. Species Act of 1973 to prohibit treatment of strict the use of a defined area as a dredged DELAURO, Ms. BORDALLO, Mr. GON- gray wolves in Idaho and Montana as endan- or fill material disposal site, and for other ZALEZ, Mr. HIGGINS, Mr. KING of New gered species, and for other purposes; to the purposes; to the Committee on Transpor- York, Mr. MCCAUL, and Mr. Committee on Natural Resources. tation and Infrastructure. PASCRELL): By Mr. ROONEY: By Mr. YOUNG of Alaska: H. Res. 61. A resolution supporting the con- H.R. 511. A bill to amend title 18, United H.R. 518. A bill to amend the Internal Rev- tributions of Catholic schools; to the Com- States Code, to prohibit the importation of enue Code of 1986 to allow Indian tribes to re- mittee on Education and the Workforce.

VerDate Mar 15 2010 04:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\L26JA7.100 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H510 CONGRESSIONAL RECORD — HOUSE January 26, 2011 By Mr. LARSON of Connecticut: tives, the following statements are sub- This bill is enacted pursuant to the power H. Res. 62. A resolution electing Members mitted regarding the specific powers granted to Congress under Article I, Section to certain standing committees of the House granted to Congress in the Constitu- 9, Clause 6 which prohibits the regulation of of Representatives; considered and agreed to. tion to enact the accompanying bill or commerce which favors one state over an- considered and agreed to. other. By Mr. BISHOP of New York: joint resolution. This bill is enacted pursuant to Amend- H. Res. 63. A resolution supporting the By Ms. HIRONO: ment IX of the United States Constitution. goals and ideals of Student Financial Aid H.R. 447. By Mr. GONZALEZ: Awareness Month to raise awareness of stu- Congress has the power to enact this legis- H.R. 456. dent financial aid; to the Committee on Edu- lation pursuant to the following: Congress has the power to enact this legis- cation and the Workforce. Article I, Section 8, Clauses 3 and 8. lation pursuant to the following: By Mr. GARAMENDI (for himself, Mr. By Ms. HIRONO: Article I, Section 8, Clause 1: ‘‘The Con- FARR, Mr. GEORGE MILLER of Cali- H.R. 448. gress shall have Power to lay and collect fornia, Mr. LEVIN, Ms. BORDALLO, Mr. Congress has the power to enact this legis- Taxes, Duties, Imposts and Excises, to pay LANGEVIN, Ms. MCCOLLUM, Mr. MAR- lation pursuant to the following: the Debts and provide for the common KEY, Mr. MORAN, Mr. PRICE of North Article I, Section 8, Clauses 3 and 8. Defence and general Welfare of the United Carolina, Mr. SERRANO, Mr. BERMAN, By Ms. HIRONO: States; but all Duties, Imposts and Excises Mr. VAN HOLLEN, and Mr. MCGOV- H.R. 449. shall be uniform throughout the United ERN): Congress has the power to enact this legis- States.’’ H. Res. 64. A resolution honoring the life lation pursuant to the following: By Mr. McKINLEY: and work of Robert Sargent Shriver; to the Article I, Section 8, Clauses 3 and 8. H.R. 457. Committee on Education and the Workforce. By Mr. REICHERT: Congress has the power to enact this legis- By Ms. KAPTUR: H.R. 450. lation pursuant to the following: H. Res. 65. A resolution recognizing the Congress has the power to enact this legis- According to Article I, Section 8, Clause 3 16th anniversary of the Future Leaders Ex- lation pursuant to the following: of the Constitution: The Congress shall have change (FLEX) program, a program funded The constitutional authority of Congress by the Government of the United States to power to enact this legislation to regulate to enact this legislation is provided by Arti- commerce with foreign nations, and among provide an opportunity for high school stu- cle I, Section 8 of the United States Con- dents from the countries of the former So- the several states, and with the Indian stitution, specifically Clause 1 (relating to tribes. viet Union to study and live in the United providing for the general welfare of the States in order to promote democratic val- By Ms. SLAUGHTER: United States) and Clause 18 (relating to the H.R. 458. ues and institutions in Eurasia, and sup- power to make all laws necessary and proper porting the mission, goals, and accomplish- Congress has the power to enact this legis- for carrying out the powers vested in Con- lation pursuant to the following: ments of the FLEX program; to the Com- gress), and Article IV, Section 3, Clause 2 (re- mittee on Foreign Affairs. Clauses 1, 3, and 18 of Section 8 of Article lating to the power of Congress to dispose of I of the Constitution. By Ms. KAPTUR: and make all needful rules and regulations H. Res. 66. A resolution supporting the es- By Mr. PAUL: respecting the territory or other property tablishment and full funding of a staff ex- H.R. 459. belonging to the United States). change program between the House of Rep- Congress has the power to enact this legis- resentatives and the Parliament of Ukraine, By Mr. SULLIVAN: lation pursuant to the following: the Verkhovna Rada, as soon as possible; to H.R. 451. This legislation is authorized by Article I, the Committee on Foreign Affairs. Congress has the power to enact this legis- Section 8 of the Constitution: ‘‘To coin By Mr. LAMBORN (for himself, Mr. lation pursuant to the following: Money, regulate the Value thereof, and of Article I, Section 8, Clause 3: ‘‘The Con- POLIS, Mr. TIPTON, and Mr. GARD- foreign Coin, and fix the Standard of Weights gress shall have Power To regulate Com- NER): and Measures’’ and ‘‘To provide for the Pun- H. Res. 67. A resolution to amend the Rules merce with foreign Nations, and among the ishment of counterfeiting the Securities and of the House of Representatives to prohibit several States, and with the Indian tribes.’’ current Coin of the United States’’. bills and joint resolutions from containing By Mr. ROE of Tennessee: By Mr. CHAFFETZ: more than one subject; to the Committee on H.R. 452. H.R. 460. Rules. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. QUIGLEY (for himself, Mr. lation pursuant to the following: lation pursuant to the following: CAPUANO, Mr. HIGGINS, Ms. MCCOL- The repeal of this provision is consistent This bill is enacted pursuant to the powers LUM, Mr. CICILLINE, and Mr. LIPIN- with the powers that are reserved to the granted to Congress under Article 1, Section SKI): States and to the people as expressed in 8, Clause 2. H. Res. 68. A resolution supporting the Amendment X to the United States Con- By Mr. CHAFFETZ: goals and ideals of ‘‘Hockey is For Everyone stitution. H.R. 461. Month‘‘; to the Committee on Education and By Mr. SHULER: Congress has the power to enact this legis- the Workforce, and in addition to the Com- H.R. 453. lation pursuant to the following: mittee on Veterans’ Affairs, for a period to Congress has the power to enact this legis- This bill is enacted pursuant to the powers be subsequently determined by the Speaker, lation pursuant to the following: granted to Congress under the 10th Amend- in each case for consideration of such provi- Article I, Section 4, of the Constitution ex- ment. sions as fall within the jurisdiction of the pressly provides Congress with the power to By Mr. GOODLATTE: committee concerned. enact laws governing the time, place, and H.R. 462. By Ms. LINDA T. SA´ NCHEZ of Cali- manner of elections for Members of the Congress has the power to enact this legis- fornia (for herself, Mr. GRIJALVA, Mr. House of Representatives. This express grant lation pursuant to the following: TOWNS, Mr. MEEKS, Ms. BORDALLO, of power would appear to permit Congress to Clause 1 Section 8 of Article 1 of the Mr. LOEBSACK, Ms. LEE of California, limit the number of times states can conduct United States Constitution and Amendment and Ms. SUTTON): congressional districting and to prescribe XVI of the United States Constitution. H. Res. 69. A resolution expressing support how such districting is conducted. By Mr. CHAFFETZ: for designation of the week of February 7 By Mr. ROE of Tennessee: H.R. 463. through February 11, 2011, as ‘‘National H.R. 454. Congress has the power to enact this legis- School Counseling Week‘‘; to the Committee Congress has the power to enact this legis- lation pursuant to the following: on Education and the Workforce. lation pursuant to the following: This bill is enacted pursuant to Article 1, By Mr. SCHWEIKERT: Article I, Section 9, Clause 7, which states: Section 8, Clause 1; Article 1, Section 8, H. Res. 70. A resolution amending the ‘‘No Money shall be drawn from the Treasury Clause 2; and Article 1, Section 8, Clause 18. Rules of the House of Representatives to pro- but in Consequence of Appropriations made By Mr. CHAFFETZ: hibit the consideration of any bill or joint by Law; and a regular Statement and Ac- H.R. 464. resolution carrying more than one subject; count of the Receipts and Expenditures of all Congress has the power to enact this legis- to the Committee on Rules. public Money shall be published from time to lation pursuant to the following: By Mr. STEARNS: time.’’ This bill is enacted pursuant to the powers H. Res. 71. A resolution honoring the life of By Mr. COLE: granted to Congress under Article 1, Section Dr. D. James Kennedy; to the Committee on H.R. 455. 8, Clauses 1 and 2. Oversight and Government Reform. Congress has the power to enact this legis- By Mr. ALEXANDER: f lation pursuant to the following: H.R. 465. CONSTITUTIONAL AUTHORITY This bill makes specific changes to exist- Congress has the power to enact this legis- STATEMENT ing law in a manner that returns power to lation pursuant to the following: the States and to the people, in accordance Clause 1, Section 8, Article 1 of the Con- Pursuant to clause 7 of rule XII of with Amendment X of the United States stitution, which states, ‘‘The Congress shall the Rules of the House of Representa- Constitution. have Power to . . . provide for the common

VerDate Mar 15 2010 05:13 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\L26JA7.100 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE January 26, 2011 CONGRESSIONAL RECORD — HOUSE H511 Defense and general Welfare of the United By Mr. BUCHANAN: ‘‘To declare War, grant Letters of Marque States . . .’’ H.R. 478. and Reprisal, and make Rules concerning By Mr. BACA: Congress has the power to enact this legis- Captures on Land and Water; H.R. 466. lation pursuant to the following: ‘‘To raise and support Armies, but no Ap- Congress has the power to enact this legis- The constitutional authority on which this propriation of Money to that Use shall be for lation pursuant to the following: resolution rests is the power of Congress as a longer Term than two Years; Article I, Section 8, Clause 1 of the U.S. enumerated in Article I, Section 8 of the ‘‘To provide and maintain a Navy; Constitution. United States Constitution. ‘‘To make Rules for the Government and By Ms. BERKLEY: By Mr. BUTTERFIELD: Regulation of the land and naval Forces; H.R. 467. H.R. 479. ‘‘To provide for calling forth the Militia to Congress has the power to enact this legis- Congress has the power to enact this legis- execute the Laws of the Union, suppress In- lation pursuant to the following: lation pursuant to the following: surrections and repel Invasions; Article I, § 8 of the United States Constitu- Article I, Section 8, Clause 7 of the United ‘‘To provide for organizing, arming, and tion. States Constitution. disciplining, the Militia, and for governing By Ms. BERKLEY: By Ms. CASTOR of Florida: such Part of them as may be employed in the H.R. 468. H.R. 480. Service of the United States, reserving to Congress has the power to enact this legis- Congress has the power to enact this legis- the States respectively, the Appointment of lation pursuant to the following: lation pursuant to the following: the Officers, and the Authority of training Article I, § 8 of the United States Constitu- Article I, Section 8, Clause (1) and Clause the Militia according to the discipline pre- tion. (3). scribed by Congress; By Mr. BISHOP of New York: By Mr. CONNOLLY of Virginia: ‘‘To exercise exclusive Legislation in all H.R. 469. H.R. 481. Cases whatsoever, over such District (not ex- Congress has the power to enact this legis- Congress has the power to enact this legis- ceeding ten Miles square) as may, by Cession lation pursuant to the following: lation pursuant to the following: of particular States, and the Acceptance of Clauses 1, 3, and 18 of Section 8 of Article Article 1, Section 8, Clause 18. Congress, become the Seat of the Govern- I of the Constitution. By Mr. COOPER: ment of the United States, and to exercise By Mr. HECK: H.R. 482. like Authority over all Places purchased by H.R. 470. Congress has the power to enact this legis- the Consent of the Legislature of the State Congress has the power to enact this legis- lation pursuant to the following: in which the Same shall be, for the Erection lation pursuant to the following: Congress has the power to enact this legis- of Forts, Magazines, Arsenals, dock-Yards, Article I, section 8 of the Constitution of lation pursuant to its authority under and other needful Buildings;—And the United States grants Congress the au- Clause 3 of Section 8 of Article 1 of the Con- ‘‘To make all Laws which shall be nec- thority to enact this bill. stitution to regulate commerce among the essary and proper for carrying into Execu- By Mr. BOEHNER: several states. tion the foregoing Powers, and all other H.R. 471. By Mr. DEFAZIO: Powers vested by this Constitution in the Congress has the power to enact this legis- H.R. 483. Government of the United States, or in any lation pursuant to the following: Congress has the power to enact this legis- Department or Officer thereof.’’ Clause 1 and Clause 17 of Section 8 of Arti- lation pursuant to the following: By Mr. GARAMENDI: cle I of the Constitution of the United States Article I, Section 8, Clause 4, which states H.R. 487. grants the Congress the power to enact this that Congress has the power to establish a Congress has the power to enact this legis- law. uniform Rule of Naturalization. lation pursuant to the following: By Mr. BOREN: By Mr. DEUTCH: Article 1—The Legislative Branch, Section H.R. 472. H.R. 484. 8—Powers of Congress: Congress has the power to enact this legis- Congress has the power to enact this legis- ‘‘The Congress shall have Power To lay and lation pursuant to the following: lation pursuant to the following: collect Taxes, Duties, Imposts and Excises, Clause 1 of Section 8 of Article I of the The First Amendment of the United States to pay the Debts and provide for the common Constitution. Constitution. Defence and general Welfare of the United By Mr. BOREN: By Mr. FRANKS of Arizona: States; but all Duties, Imposts and Excises H.R. 473. H.R. 485. shall be uniform throughout the United Congress has the power to enact this legis- Congress has the power to enact this legis- States; lation pursuant to the following: lation pursuant to the following: ‘‘To borrow money on the credit of the Clause II, Section III, Article IV of the Article 1, Section 8, Clause 1. United States; Constitution. By Mr. GARAMENDI: ‘‘To regulate Commerce with foreign Na- By Mr. BOREN: H.R. 486. tions, and among the several States, and H.R. 474. Congress has the power to enact this legis- with the Indian Tribes; Congress has the power to enact this legis- lation pursuant to the following: ‘‘To establish an uniform Rule of Natu- lation pursuant to the following: Article I, Section 8: ralization, and uniform Laws on the subject Clause III, Section VIII, Article I of the ‘‘The Congress shall have Power To lay and of Bankruptcies throughout the United Constitution. collect Taxes, Duties, Imposts and Excises, States; By Mr. BOREN: to pay the Debts and provide for the common ‘‘To coin Money, regulate the Value there- H.R. 475. Defence and general Welfare of the United of, and of foreign Coin, and fix the Standard Congress has the power to enact this legis- States; but all Duties, Imposts and Excises of Weights and Measures; lation pursuant to the following: shall be uniform throughout the United ‘‘To provide for the Punishment of coun- Clause I, Section VIII, Article I of the Con- States; terfeiting the Securities and current Coin of stitution. ‘‘To borrow Money on the credit of the the United States; By Mr. BRADY of Texas: United States; ‘‘To establish Post Offices and Post Roads; H.R. 476. ‘‘To regulate Commerce with foreign Na- ‘‘To promote the Progress of Science and Congress has the power to enact this legis- tions, and among the several States, and useful Arts, by securing for limited Times to lation pursuant to the following: with the Indian Tribes; Authors and Inventors the exclusive Right to Article I, Section 7: ‘‘All Bills for raising ‘‘To establish an uniform Rule of Natu- their respective Writings and Discoveries; Revenue shall originate in the House of Rep- ralization, and uniform Laws on the subject ‘‘To constitute Tribunals inferior to the resentatives . . .’’ of Bankruptcies throughout the United Supreme Court; Article I, Section 8: ‘‘The Congress shall States; ‘‘To define and punish Piracies and Felo- have Power To lay and collect Taxes, Duties, ‘‘To coin Money, regulate the Value there- nies committed on the high Seas, and Of- Imposts and Excises, . . .’’ of and of foreign Coin, and fix the Standard fenses against the Law of Nations; Amendment XVI (16th Amendment): ‘‘The of Weights and Measures; ‘‘To declare War, grant Letters of Marque Congress shall have power to lay and collect ‘‘To provide for the Punishment of coun- and Reprisal, and make Rules concerning taxes on incomes, from whatever source de- terfeiting the Securities and current Coin of Captures on Land and Water; rived, without apportionment among the the United States; ‘‘To raise and support Armies, but no Ap- several States, and without regard to any ‘‘To establish Post Offices and post Roads; propriation of Money to that Use shall be for census or enumeration.’’ ‘‘To promote the Progress of Science and a longer Term than two Years; By Mr. BRALEY of Iowa: useful Arts, by securing for limited Times to ‘‘To provide and maintain a Navy; H.R. 477. Authors and Inventors the exclusive Right to ‘‘To make Rules for the Government and Congress has the power to enact this legis- their respective Writings and Discoveries; Regulation of the land and naval Forces; lation pursuant to the following: ‘‘To constitute Tribunals inferior to the ‘‘To provide for calling forth the Militia to This bill is enacted pursuant to the power Supreme Court; execute the Laws of the Union, suppress In- granted to Congress under Article I, Section ‘‘To define and punish Piracies and Felo- surrections and repel Invasions; 8, Clause 18 of the United States Constitu- nies committed on the high Seas, and ‘‘To provide for organizing, arming, and tion. Offences against the Law of Nations; disciplining, the Militia, and for governing

VerDate Mar 15 2010 05:58 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JA7.047 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE H512 CONGRESSIONAL RECORD — HOUSE January 26, 2011 such Part of them as may be employed in the By Mr. JONES: Congress has the power to enact this legis- Service of the United States, reserving to H.R. 493. lation pursuant to the following: the States respectively, the Appointment of Congress has the power to enact this legis- Clause 1 of Section 8 of Article I of the the Officers, and the Authority of training lation pursuant to the following: United States Constitution, which states the Militia according to the discipline pre- The constitutional authority of Congress ‘‘The Congress shall have Power to lay and scribed by Congress; to enact this legislation is provided by Arti- collect Taxes, Duties, Imposts and Excises, ‘‘To exercise exclusive Legislation in all cle 1, Section 8 of the United States Con- to pay the debts and provide for the common Cases whatsoever, over such District (not ex- stitution (Clauses 12, 13, 14, and 16), which Defence and general Welfare of the United ceeding ten Miles square) as may, by Cession grants Congress the power to raise and sup- States: but all Duties, Imposts and Excises of particular States, and the acceptance of port an Army; to provide and maintain a shall be uniform throughout the United Congress, become the Seat of the Govern- Navy; to make rules for the government and States.’’ ment of the United States, and to exercise regulation of the land and naval forces; and Amendment XVI to the United States Con- like Authority over all Places purchased by to provide for organizing, arming, and dis- stitution, which states ‘‘The Congress shall the Consent of the Legislature of the State ciplining the militia. have power to lay and collect taxes on in- in which the Same shall be, for the Erection By Ms. KAPTUR: comes, from whatever source derived, with- of Forts, Magazines, Arsenals, dock-Yards, H.R. 494. out apportionment among several States, and other needful Buildings; And Congress has the power to enact this legis- and without regard to any census or enu- ‘‘To make all Laws which shall be nec- lation pursuant to the following: meration.’’ essary and proper for carrying into Execu- The constitutional authority of Congress By Mr. LEVIN: tion the foregoing Powers, and all other to enact this legislation is provided by Arti- H.R. 500. Powers vested by this Constitution in the cle I, Section 8 of the United States Con- Congress has the power to enact this legis- Government of the United States, or in any stitution, specifically Clause 1 (relating to lation pursuant to the following: Department or Officer thereof.’’ the power of Congress to provide for the gen- This bill makes changes to existing law re- By Mr. GERLACH: eral welfare of the United States), Clause 3 lating to Article 1, Section 7 which provides H.R. 488. (relating to the power to regulate commerce that ‘‘All bills for raising Revenue shall Congress has the power to enact this legis- among the several states), and Clause 18 (re- originate in the House of Representatives.’’ lation pursuant to the following: lating to the power to make all laws nec- By Mr. MARKEY: The Congress enacts this bill pursuant to essary and proper for carrying out the pow- H.R. 501. Clause 18 of Section 8 of Article I of the ers vested in Congress), and Article IV, Sec- Congress has the power to enact this legis- United States Constitution. tion 3, Clause 2 (relating to the power of Con- lation pursuant to the following: By Mr. GOSAR: gress to dispose of and make all needful rules The Constitutional authority of Congress H.R. 489. and regulations respecting the territory or to enact this legislation is provided by Arti- Congress has the power to enact this legis- other property belonging to the United cle IV, Section 3, which provides that Con- lation pursuant to the following: States). gress shall have the power to dispose of and Article I, Sec. 8, to exercise exclusive legis- By Mr. KING of New York: make all needful Rules and Regulations re- lation over federal lands in addition to the H.R. 495. specting the Territory or other Property be- Congressional power to control obstructions Congress has the power to enact this legis- longing to the United States. to navigable waters, including dams, and the lation pursuant to the following: By Ms. MATSUI: historical doctrine recognizing that the Article I, Section 8, Clause 1: ‘‘The Con- H.R. 502. States possess dominion over the beds of all gress shall have Power to lay and collect Congress has the power to enact this legis- navigable streams within their borders, and Taxes, Duties, Imposts and Excises, to pay lation pursuant to the following: the servitude that Congress’ power to regu- the Debts and provide for the common Article I, Section 8, Clauses 3 and 18. late commerce imposes upon such streams. Defence and general Welfare of the United By Mr. GEORGE MILLER of Cali- United States v. Chandler-Dunbar Co., 229 U.S. States; but all Duties, Imposts and Excises fornia: 53, 73 (U.S. 1913) (recognizing Congressional shall be uniform throughout the United H.R. 503. authority over dams obstructing navigable States.’’ Congress has the power to enact this legis- waters and the re-sale of hydroelectric water Article I, Section 8, Clause 18: ‘‘The Con- lation pursuant to the following: power). See also Arizona v. California, 283 gress shall have Power to make all Laws Clauses 3 and 18 of Section 8, Article I, of U.S. 423 (U.S. 1931) (Court deferred to Con- which shall be necessary and proper for car- the U.S. Constitution. gress for establishment of the Boulder Can- rying into Execution the forgoing Powers, By Mrs. MYRICK: yon Project Act and reasoning that ‘‘As the and all other Powers vested by this Constitu- H.R. 504. river is navigable and the means which the tion in the Government of the United States Congress has the power to enact this legis- Act provides are not unrelated to the control or in any Department or Officer thereof.’’ lation pursuant to the following: of navigation . . . the erection and mainte- By Mr. KING of New York: The U.S. Constitution—Article 1, Section nance of such dam and reservoir are clearly H.R. 496. 8—‘‘The Congress shall . . . provide for the within the powers conferred upon Congress. Congress has the power to enact this legis- common defence and general welfare of the . . . And the fact that purposes other than lation pursuant to the following: United States . . .’’ navigation will also be served could not in- Article I, Section 8, Clause 1: ‘‘The Con- By Mr. NADLER: validate the exercise of the authority con- gress shall have Power to lay and collect H.R. 505. ferred, even if those other purposes would Taxes, Duties, Imposts and Excises, to pay Congress has the power to enact this legis- not alone have justified an exercise of con- the Debts and provide for the common lation pursuant to the following: gressional power.’’ Finally, the Court has Defence and general Welfare of the United Clauses 3 and 18 of Section 8 of Article I of construed Congressional regulation over nav- States; but all Duties, Imposts and Excises the Constitution. igable waters broadly concluding that ‘‘that shall be uniform throughout the United By Ms. NORTON: authority is as broad as the needs of com- States.’’ H.R. 506. merce. United States v. Appalachian Power By Mr. LATTA: Congress has the power to enact this legis- Co., 311 U.S., 407, 409–410 (U.S. 1940). H.R. 497. lation pursuant to the following: By Mr. HEINRICH: Congress has the power to enact this legis- Clause 17 of Section 8 of Article I of the H.R. 490. lation pursuant to the following: Constitution. Congress has the power to enact this legis- Clause 6, Section 8, Article 1, which states By Mr. PETRI: lation pursuant to the following: ‘‘The Congress shall have the power...to H.R. 507. The constitutional authority of Congress coin Money, regulate the Value thereof, and Congress has the power to enact this legis- to enact this legislation is provided by Arti- of foreign Coin, and fix the Standard of lation pursuant to the following: cle IV, Section 3 of the United States Con- Weights and Measures.’’ Article I, Section 8, Clause 1 of the Con- stitution. By Mr. LATTA: stitution. By Mr. HEINRICH: H.R. 498. By Mr. POSEY: H.R. 491. Congress has the power to enact this legis- H.R. 508. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Amendment I to the United States Con- lation pursuant to the following: The constitutional authority of Congress stitution, which states ‘‘Congress shall make The Congress enacts this bill pursuant to to enact this legislation is provided by Arti- no law respecting an establishment of reli- Clause 1 of Section 8 of Article I of the cle IV, Section 3 of the United States Con- gion, or prohibiting the free exercise thereof; United States Constitution. stitution. or abridging the freedom of speech, or of the By Mr. REHBERG: By Mr. HOLT: press; or the right of the people peaceably to H.R. 509. H.R. 492. assemble, and to petition the Government Congress has the power to enact this legis- Congress has the power to enact this legis- for a redress of grievances.’’ lation pursuant to the following: lation pursuant to the following: By Mr. LATTA: Clause 3 of Section 8 of Article I of the Article I of the United States Constitution. H.R. 499. Constitution: ‘‘The Congress shall have

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Power . . . To regulate Commerce with for- [and] to regulate Commerce . . . among the H.R. 412: Mr. HASTINGS of Washington and eign Nations, and among the several States, several States, and with the Indian Tribes.’’ Mr. SMITH of Washington. and with the Indian Tribes.’’ H.R. 413: Mr. POLIS, Mr. FILNER, and Ms. f The specific Constitutional Authority LEE of California. cited here is not intended and should not be ADDITIONAL SPONSORS H.R. 414: Mr. HASTINGS of Florida, Mr. construed to be exclusive of any other gen- HOLT, Ms. SLAUGHTER, Ms. JACKSON LEE of eral or specific Constitutional Authority Under clause 7 of rule XII, sponsors Texas, Mr. POLIS, Mr. MORAN, and Ms. WOOL- that is otherwise applicable. were added to public bills and resolu- SEY. By Mr. REHBERG: tions as follows: H.R. 416: Mr. AL GREEN of Texas, Mr. H.R. 510. H.R. 4: Mr. YOUNG of Florida, Mr. WEINER, Mr. COURTNEY, and Mr. FILNER. Congress has the power to enact this legis- CICILLINE, Mr. COHEN, Mr. JORDAN, and Mr. H.R. 417: Mr. CARNAHAN. lation pursuant to the following: CARNAHAN. H.R. 431: Mr. GINGREY of Georgia, Mr. Clause 3 of Section 8 of Article I of the H.R. 10: Mr. GRIFFIN of Arkansas, Mr. FLEMING, Mr. WILSON of South Carolina, Mr. Constitution: ‘‘The Congress shall have REHBERG, Mr. DIAZ-BALART, Mr. FORBES, Mr. ROE of Tennessee, Mr. MARCHANT, Mr. FLO- Power . . . To regulate Commerce with for- LONG, Mr. WALBERG, Mr. ROSS of Florida, Mr. RES, and Mr. POSEY. eign Nations, and among the several States, PENCE, Mr. ROONEY, Mr. FLEMING, Mr. H.R. 440: Mr. CALVERT and Mr. and with the Indian Tribes.’’ PAULSEN, Mr. HARRIS, Mr. MCCAUL, Mr. FORTENBERRY. The specific Constitutional Authority SCALISE, Mr. THOMPSON of Pennsylvania, Mr. H.R. 445: Mr. MARCHANT. cited here is not intended and should not be ROYCE, Mr. AUSTRIA, Mr. SOUTHERLAND, Mr. H.J. Res. 1: Mr. FINCHER, Mr. GIBBS, Mr. construed to be exclusive of any other gen- DREIER, Mr. HUELSKAMP, Mr. HANNA, Mrs. GOWDY, Mr. MCCOTTER, Mr. SOUTHERLAND, eral or specific Constitutional Authority MYRICK, Mr. RIVERA, Mr. TIBERI, Mr. Mr. STUTZMAN, Mrs. SCHMIDT, Mr. that is otherwise applicable. GINGREY of Georgia, Mr. LUETKEMEYER, Mrs. MARCHANT, Mr. SCHWEIKERT, Mr. MULVANEY, By Mr. ROONEY: Mr. DESJARLAIS, and Mr. MCINTYRE. H.R. 511. ADAMS, Mr. FITZPATRICK, and Mr. WEBSTER. H.J. Res. 2: Mr. BISHOP of Georgia, Mr. Congress has the power to enact this legis- H.R. 21: Mr. GRIFFITH of Virginia, Mr. COOPER, Mr. MCINTYRE, Mr. DAVID SCOTT of lation pursuant to the following: BRADY of Texas, Mr. ISSA, Mr. DESJARLAIS, Georgia, Mr. FINCHER, Mr. GIBBS, Mr. GOWDY, Article 1 Section 8: ‘‘To regulate Com- and Mr. MARCHANT. Mr. JOHNSON of Illinois, Mr. MCCOTTER, Mr. merce with foreign Nations, and among the H.R. 24: Mrs. MCCARTHY of New York, Mr. SOUTHERLAND, Mr. STUTZMAN, Mrs. SCHMIDT, several States, and with Indian Tribes;’’ QUIGLEY, Mr. TIBERI, and Mr. KLINE. Mr. RUNYAN, Mr. GIBSON, Mr. ROSS of Arkan- By Mr. SABLAN: H.R. 27: Mr. DOYLE, Mr. YARMUTH, Mr. sas, Mr. BASS of New Hampshire, Mr. H.R. 512. BRALEY of Iowa, Mr. THOMPSON of Mis- Congress has the power to enact this legis- sissippi, Mr. PAYNE, and Mrs. LOWEY. DESJARLAIS, and Mr. BOSWELL. lation pursuant to the following: H.R. 97: Mr. PAULSEN, Mr. JORDAN, Mr. H.J. Res. 4: Mr. TIPTON. Under Article I, Section 8, Clause 3 of the AUSTRIA, and Mr. YOUNG of Florida. H.J. Res. 10: Mr. ALTMIRE. Constitution, Congress has the power to col- H.R. 100: Mr. CALVERT. H. Res. 19: Mr. FARR. lect taxes and expend funds to provide for H.R. 110: Mr. RYAN of Ohio. H. Res. 20: Mr. ISRAEL. the general welfare of the United States. H.R. 127: Mr. WOODALL, Mr. MARCHANT, H. Res. 21: Mr. FARR. Congress may also make laws that are nec- Mrs. BLACKBURN, Mr. ROE of Tennessee, Mr. H. Res. 40: Mr. ROGERS of Alabama, Ms. essary and proper for carrying into execution FORBES, Mr. DESJARLAIS, Mr. RIGELL, Mr. BUERKLE, Mrs. HARTZLER, Mrs. BLACK, Mr. their powers enumerated under Article I. FARENTHOLD, Mr. FRANKS of Arizona, Mr. POMPEO, Mr. WEBSTER, Mr. GINGREY of Geor- By Mr. SCHOCK: LAMBORN, Mr. HARRIS, and Mr. KING of Iowa. gia, Mr. WOMACK, Mr. LATTA, Mr. PAULSEN, H.R. 513. H.R. 153: Mr. YOUNG of Alaska and Mr. Mr. POSEY, Mr. PRICE of Georgia, Mr. BISHOP Congress has the power to enact this legis- GRIFFITH of Virginia. of Utah, Mr. MCCLINTOCK, Mr. CAMPBELL, Mr. lation pursuant to the following: H.R. 177: Mr. WALBERG and Mr. NUGENT. SOUTHERLAND, Mr. FLAKE, Mr. CRAWFORD, The constitutional authority on which this H.R. 178: Mr. WU, Mr. CALVERT, Mr. LATTA, Mr. MCHENRY, Mr. CHABOT, Mr. NUNNELEE, bill rests is the power of Congress as stated Mr. LUETKEMEYER, and Mr. NUGENT. Mr. BUCSHON, Mr. LAMBORN, Mr. BURTON of in Article I, Section 8 and Article I, Section H.R. 181: Mr. WU, Mr. WITTMAN, and Mr. Indiana, Mr. PEARCE, Mr. FLEMING, Mr. 9 of the United States Constitution. BOREN. HERGER, Mr. ROYCE, and Mr. GARRETT. By Mr. SENSENBRENNER: H.R. 190: Mr. GENE GREEN of Texas. f H.R. 514. H.R. 191: Ms. MCCOLLUM. Congress has the power to enact this legis- H.R. 192: Ms. HIRONO, Mr. GRIJALVA, Mr. DELETIONS OF SPONSORS FROM lation pursuant to the following: MCNERNEY, Ms. JACKSON LEE of Texas, and PUBLIC BILLS AND RESOLUTIONS The authority to enact this bill is derived Mr. HASTINGS of Florida. Under clause 7 of rule XII, sponsors from, but may not be limited to, Article I, H.R. 198: Mr. PLATTS. Section 8, Clause 1 of the United States Con- H.R. 263: Ms. HARMAN, Mr. DEUTCH, Mr. were deleted from public bills and reso- stitution. CICILLINE, and Mr. GRIJALVA. lutions as follows: By Mr. SMITH of New Jersey: H.R. 300: Ms. BORDALLO, Mr. LEWIS of Geor- H.J. Res. 22: Mr. AKIN, Mr. ALEXANDER, Mr. H.R. 515. gia, Mr. MEEKS, Ms. NORTON, Mr. CLAY, and AUSTRIA, Mrs. BACHMANN, Mr. BACHUS, Mr. Congress has the power to enact this legis- Mr. GRIJALVA. BARTLETT, Mr. BILBRAY, Mr. BISHOP of Utah, lation pursuant to the following: H.R. 306: Mr. WHITFIELD. Mrs. BLACKBURN, Mr. BOEHNER, Mr. BONNER, The constitutional authorities on which H.R. 308: Ms. DELAURO and Mr. GRIJALVA. Mr. BOUSTANY, Mr. BROUN of Georgia, Mr. this bill rests are those given in Article I, H.R. 317: Mr. HOLT. BURGESS, Mr. BURTON of Indiana, Mr. CAL- Section 5, Clause 2; Article I, Section 8, H.R. 321: Ms. MOORE. VERT, Mr. CAMP, Mr. CANTOR, Mrs. CAPITO, Clause 1; Article I, Section 8, Clause 4; Arti- H.R. 333: Mr. LANCE, Ms. MCCOLLUM, Ms. Mr. CARTER, Mr. COBLE, Mr. COFFMAN of Col- cle I, Section 8, Clause 18. HANABUSA, Mr. LUETKEMEYER, Mr. ALTMIRE, orado, Mr. CULBERSON, Mr. DAVIS of Ken- By Mr. WOLF: Mr. BACA, and Mr. CUELLAR. tucky, Mr. DIAZ-BALART, Mr. DUNCAN of H.R. 516. Congress has the power to enact this legis- H.R. 337: Mr. YOUNG of Alaska, Mr. GARY G. South Carolina, Mr. DUNCAN of Tennessee, lation pursuant to the following: MILLER of California, and Mr. KELLY. Mr. FLAKE, Mr. FLEMING, Mr. FORBES, Mr. The constitutional authority on which this H.R. 343: Mr. ALTMIRE, Mr. DEFAZIO, and FRANKS of Arizona, Mr. GALLEGLY, Mr. GAR- bill rests is the power of Congress to regulate Mr. JOHNSON of Illinois. RETT, Mr. GIBBS, Mr. GINGREY of Georgia, foreign and interstate commerce, as enumer- H.R. 358: Mr. HARPER, Mr. HUELSKAMP, and Mr. GOHMERT, Mr. GOODLATTE, Ms. GRANGER, ated in Article 1, Section 8, Clause 3 of the Mr. LATHAM. Mr. GRAVES of Missouri, Mr. HALL, Mr. HELL- United States Constitution. H.R. 365: Mr. ROGERS of Michigan, Mr. ER, Mr. HENSARLING, Mr. HERGER, Mr. By Mr. YOUNG of Alaska: PLATTS, Mr. DENT, and Mr. KING of New HUNTER, Mr. SAM JOHNSON of Texas, Mr. H.R. 517. York. JOHNSON of Illinois, Mr. JONES, Mr. KING of Congress has the power to enact this legis- H.R. 371: Mr. FLAKE. New York, Mr. KING of Iowa, Mr. KINGSTON, lation pursuant to the following: H.R. 372: Mr. DIAZ-BALART, Mr. RIVERA, Mr. KLINE, Mr. LAMBORN, Mr. LANCE, Mr. The constitutional authority on which this and Mr. NUGENT. LATOURETTE, Mr. LATTA, Mr. LEE of New bill rests is the power of Congress to make H.R. 389: Mr. WALBERG, Mr. LEE of New York, Mr. LEWIS of California, Mr. LONG, Mr. rules for the government and regulate com- York, Mr. SCHILLING, Mr. MARCHANT, Mr. LUCAS, Mr. LUETKEMEYER, Mr. MANZULLO, merce, as enumerated in Article 1, Section 8, DUNCAN of Tennessee, Mr. LONG, and Mr. Mr. MARCHANT, Mr. MCCAUL, Mr. MCCLIN- Clause 3 of the United States Constitution. DOLD. TOCK, Mr. MCKEON, Mr. MICA, Mr. GARY G. By Mr. YOUNG of Alaska: H.R. 397: Mr. SCHOCK. MILLER of California, Mr. MILLER of Florida, H.R. 518. H.R. 402: Mr. RUSH, Mr. FARR, Mr. MCGOV- Mrs. MYRICK, Mr. NEUGEBAUER, Mr. NUNES, Congress has the power to enact this legis- ERN, Mr. WELCH, Mr. JACKSON of Illinois, Mr. Mr. OLSON, Mr. PENCE, Mr. PITTS, Mr. lation pursuant to the following: FRANK of Massachusetts, and Ms. JACKSON PLATTS, Mr. POE of Texas, Mr. POSEY, Mr. Article I: Section 8: ‘‘The Congress shall LEE of Texas. PRICE of Georgia, Mr. REHBERG, Mr. have Power To lay and collect Taxes . . . H.R. 410: Mr. GENE GREEN of Texas. REICHERT, Mr. ROE of Tennessee, Mr. ROGERS

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of Kentucky, Mr. ROGERS of Alabama, Mr. ‘‘(C) to pay damages to the Secretary for (c) PRESERVATION OF FUNDS FOR PRESI- ROSS of Florida, Mrs. SCHMIDT, Mr. SESSIONS, failure to comply with these disclosure re- DENTIAL CANDIDATES.—Subsection (b) of sec- Mr. SHIMKUS, Mr. SHUSTER, Mr. STEARNS, Mr. quirements in an amount equal to 35 percent tion 9006 of such Code is amended to read as TERRY, Mr. TIBERI, Mr. WALDEN, Mr. WEST- of the amount that was required to be dis- follows: MORELAND, Mr. WILSON of South Carolina, closed. ‘‘(b) PAYMENTS FROM THE FUND.—Amounts Mr. YOUNG of Florida, and Mr. YOUNG of ‘‘(3) DISQUALIFIED CONTRIBUTOR.—The term in the Presidential Election Campaign Fund Alaska. ‘disqualified contributor’ means— shall be available, as provided by appropria- f ‘‘(A) any person who makes payments (di- tion Acts, solely for making expenditures to rectly or indirectly) of more than $100,000 to AMENDMENTS eligible candidates of a political party. No the covered person during the calendar year, expenditures may be made from such fund Under clause 8 of rule XVIII, pro- and unless the Secretary of the Treasury has re- posed amendments were submitted as ‘‘(B) any foreign individual, foreign cor- ceipt of a certification from the Commission follows: poration, or foreign country who makes any under section 9005.’’. payment (directly or indirectly) to the cov- H.R. 359 (d) PRESERVATION OF FUND FOR PRESI- ered person during the calendar year. OFFERED BY: MR. WALZ OF MINNESOTA DENTIAL PRIMARIES.—Subsection (b) of sec- A payment that is deposited into an account AMENDMENT NO. 7: Mr. Walz of Minnesota tion 9037 of such Code is amended to read as of a covered person that is not available for moves to recommit the bill H.R. 359 to the follows: electioneering communications shall not be Committee on Ways and Means with instruc- ‘‘(b) PAYMENTS FROM THE MATCHING PAY- taken into account for purposes of the pre- tions to report the same to the House forth- MENT ACCOUNT.—Amounts in the Presi- ceding sentence. with with the following amendment: dential Primary Matching Payment Account ‘‘(4) ELECTIONEERING COMMUNICATION.—The Strike all after the enacting clause and in- shall be available, as provided by appropria- term ‘electioneering communication’ means sert the following: tion Acts, solely for making transfers to the a communication that— SECTION 1. CAMPAIGN DISCLOSURE AGREE- candidate. No amount may be transferred ‘‘(A) refers to a clearly identified candidate MENT. from the account unless the Secretary has for any Federal public office, (a) DISQUALIFIED ENTITY.—Section 9003 of receipt of a certification from the Commis- ‘‘(B) reflects a view on such candidate or the Internal Revenue Code of 1986 is amended sion under section 9036, but not before the on the record of such candidate, and by adding at the end the following new sub- beginning of the matching payment period. ‘‘(C) is made within 30 days of a general section: In making such transfers to candidates of election or a primary election. ‘‘(f) DISQUALIFIED ENTITY.—For purposes of the same political party, the Secretary shall ‘‘(5) COVERED PERSON.— this section— seek to achieve an equitable distribution of ‘‘(A) IN GENERAL.—The term ‘covered per- ‘‘(1) IN GENERAL.—The term ‘disqualified funds available under subsection (a), and the son’ means any of the following persons: entity’ means any entity that has not en- Secretary shall take into account, in seeking ‘‘(i) Any foreign individual, corporation, tered into a campaign disclosure agreement to achieve an equitable distribution, the se- partnership, limited liability company, lim- with the Department of the Treasury. quence in which such certifications are re- ited liability partnership, trust or similar ‘‘(2) CAMPAIGN DISCLOSURE AGREEMENT.— ceived.’’. The term ‘campaign disclosure agreement’ entity or foreign country. (e) PRESERVATION OF FUNDS FOR NATIONAL means an agreement in which the entity ‘‘(ii) Any domestic corporation, partner- COMMITTEE.—Paragraph (3) of section 9008(b) agrees— ship, limited liability company, limited li- of such Code is amended to read as follows: ‘‘(A) to file disclosure statements with the ability partnership, trust or similar entity. Internal Revenue Service at such times, and ‘‘(iii) Any person described in section 501(c) ‘‘(3) PAYMENTS.—Amounts in the appro- covering such periods, as are required under and exempt from tax under section 501(a). priate account maintained under subsection section 527(j)(2), ‘‘(B) EXCEPTION.—Subparagraph (A) shall (a) shall be available, as provided by appro- ‘‘(B) with respect to its receipt of payment not apply to any person if the aggregate pay- priation Acts, solely for making expendi- for electioneering communications from cov- ments for electioneering communications tures to the national committee of a major ered persons on or after January 1, 2013, to during the calendar year by such person does party or minor party which elects to receive include within those disclosure statements— not exceed $25,000.’’. its entitlement under this subsection. Such ‘‘(i) the amount, date, and purpose of each (b) CONDITION.—Subsection (a) of section payments shall be available for use by such payment and the name and address of the 9003 of such Code is amended by striking committee in accordance with the provisions covered person making the payment, and ‘‘and’’ at the end of paragraph (2), by strik- of subsection (c). No expenditures may be ‘‘(ii) the name and address of each disquali- ing the period at the end of paragraph (3) and made from such fund unless the Secretary of fied contributor making a payment on or inserting ‘‘, and’’, and by inserting after the Treasury has receipt of a certification after January 1, 2013, to the covered person paragraph (3) the following new paragraph: from the Commission under subsection (g).’’. (including the occupation and name of em- ‘‘(4) agree to not make any payment to a (f) EFFECTIVE DATE.—The amendments ployer of such individual) and the amount disqualified entity for print, broadcast, made by this section shall take effect on the and date of each payment, and cable, or satellite communications.’’. date of the enactment of this Act.

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HOUSE BILLS APPROVED BY THE H.R. 4748. An Act to amend the Office of at 111 North 6th Street in St. Louis, Mis- PRESIDENT AFTER SINE DIE AD- National Drug Control Policy Reauthoriza- souri, as the ‘‘Earl Wilson, Jr. Post Office’’. JOURNMENT tion Act of 2006 to require a northern border H.R. 6412. An Act to amend title 28, United counternarcotics strategy, and for other pur- States Code, to require the Attorney General The President notified the Clerk of poses. to share criminal records with State sen- the House that on the following dates, H.R. 4973. An Act to amend the Fish and tencing commissions, and for other purposes. he had approved and signed bills of the Wildlife Act of 1956 to reauthorize volunteer H.R. 6510. An Act to direct the Adminis- following titles: programs and community partnerships for trator of General Services to convey a parcel December 29, 2010: national wildlife refuges, and for other pur- of real property in Houston, Texas, to the poses. H.R. 6398. An Act to require the Federal Military Museum of Texas, and for other H.R. 5116. An Act to invest in innovation Deposit Insurance Corporation to fully in- purposes. through research and development, to im- sure Interest on Lawyers Trust Accounts. H.R. 6533. An Act to implement the rec- prove the competitiveness of the United H.R. 6517. An Act to extend trade adjust- ommendations of the Federal Communica- States, and for other purposes. ment assistance and certain trade preference tions Commission report to the Congress re- H.R. 5133. An Act to designate the facility programs, to amend the Harmonized Tariff garding low-power FM service, and for other of the United States Postal Service located Schedule of the United States to modify purposes. at 331 1st Street in Carlstadt, New Jersey, as temporarily certain rates of duty, and for January 7, 2011: the ‘‘Staff Sergeant Frank T. Carvill and other purposes. H.R. 6523. An Act to authorize appropria- Lance Corporal Michael A. Schwarz Post Of- January 2, 2011: tions for fiscal year 2011 for military activi- fice Building’’. H.R. 847. An Act to amend the Public ties of the Department of Defense, for mili- H.R. 5470. An Act to exclude an external Health Service Act to extend and improve tary construction, and for defense activities power supply for certain security or life safe- protections and services to individuals di- of the Department of Energy, to prescribe ty alarms and surveillance system compo- rectly impacted by the terrorist attack in military personnel strengths for such fiscal nents from the application of certain energy New York City on September 11, 2001, and for year, and for other purposes. efficiency standards under the Energy Policy other purposes. and Conservation Act. January 4, 2011: H.R. 5605. An Act to designate the facility f H.R. 81. An Act to amend the High Seas of the United States Postal Service located Driftnet Fishing Moratorium Protection Act at 47 East Fayette Street in Uniontown, and the Magnuson-Stevens Fishery Con- SENATE BILLS APPROVED BY THE Pennsylvania, as the ‘‘George C. Marshall servation and Management Act to improve PRESIDENT AFTER SINE DIE AD- Post Office’’. JOURNMENT the conservation of sharks. H.R. 5606. An Act to designate the facility H.R. 628. An Act to establish a pilot pro- of the United States Postal Service located The President notified the Clerk of gram in certain United States district courts at 47 South 7th Street in Indiana, Pennsyl- the House that on the following dates, to encourage enhancement of expertise in vania, as the ‘‘James M. ‘Jimmy’ Stewart he had approved and signed bills of the patent cases among district judges. Post Office Building’’. Senate of the following titles: H.R. 1107. An Act to enact certain laws re- H.R. 5655. An Act to designate the Little December 29, 2010: lating to public contracts as title 41, United River Branch facility of the United States States Code, ‘‘Public Contracts’’. Postal Service located at 140 NE 84th Street S. 4058. An Act to extend certain expiring H.R. 1746. An Act to amend the Robert T. in Miami, Florida, as the ‘‘Jesse J. McCrary, provisions providing enhanced protections Stafford Disaster Relief and Emergency As- Jr. Post Office’’. for servicemembers relating to mortgage and sistance Act to reauthorize the pre-disaster H.R. 5809. An Act to amend the Energy Pol- mortgage foreclosure. mitigation program of the Federal Emer- icy Act of 2005 to reauthorize and modify January 4, 2011: gency Management Agency. provisions relating to the diesel emissions S. 118. An Act to amend section 202 of the H.R. 2142. An Act to require quarterly per- reduction program. Housing Act of 1959, to improve the program formance assessments of Government pro- H.R. 5877. An Act to designate the facility under such section for supportive housing for grams for purposes of assessing agency per- of the United States Postal Service located the elderly, and for other purposes. formance and improvement, and to establish at 655 Centre Street in Jamaica Plain, Mas- S. 841. An Act to direct the Secretary of agency performance improvement officers sachusetts, as the ‘‘Lance Corporal Alex- Transportation to study and establish a and the Performance Improvement Council. ander Scott Arredondo, United States Ma- motor vehicle safety standard that provides H.R. 2751. An Act to amend the Federal rine Corps Post Office Building’’. for a means of alerting blind and other pe- Food, Drug, and Cosmetic Act with respect H.R. 5901. An Act to amend the Internal destrians of motor vehicle operation. to the safety of the food supply. Revenue Code of 1986 to authorize the tax S. 1481. An Act to amend section 811 of the H.R. 4445. An Act to amend Public Law 95– court to appoint employees. Cranston-Gonzalez National Affordable 232 to repeal a restriction on treating as In- H.R. 6392. An Act to designate the facility Housing Act to improve the program under dian country certain lands held in trust for of the United States Postal Service located such section for supportive housing for per- Indian pueblos in New Mexico. at 5003 Westfields Boulevard in Centreville, sons with disabilities. H.R. 4602. An Act to designate the facility Virginia, as the ‘‘Colonel George Juskalian S. 3036. An Act to establish the National of the United States Postal Service located Post Office Building’’. Alzheimer’s Project. at 1332 Sharon Copley Road in Sharon Cen- H.R. 6400. An Act to designate the facility S. 3243. An Act to require U.S. Customs and ter, Ohio, as the ‘‘Emil Bolas Post Office’’. of the United States Postal Service located Border Protection to administer polygraph

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

VerDate Mar 15 2010 07:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 8527 Sfmt 0634 E:\CR\FM\A26JA7.037 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE CONGRESSIONAL RECORD—HOUSE H516 examinations to all applicants for law en- Forces after September 11, 2001, and for other S. 3874. An Act to amend the Safe Drinking forcement positions with U.S. Customs and purposes. Water Act to reduce lead in drinking water. S. 3481. An Act to amend the Federal Water Border Protection, to require U.S. Customs S. 3903. An Act to authorize leases of up to and Border Protection to initiate all periodic Pollution Control Act to clarify Federal re- 99 years for lands held in trust for Ohkay background reinvestigations of certain law sponsibility for stormwater pollution. Owingeh Pueblo. enforcement personnel, and for other pur- S. 3592. An Act to designate the facility of poses. the United States Postal Service located at S. 4036. An Act to clarify the National S. 3447. An Act to amend title 38, United 100 Commerce Drive in Tyrone, Georgia, as Credit Union Administration authority to States Code, to improve educational assist- the ‘‘First Lieutenant Robert Wilson Collins make stabilization fund expenditures with- ance for veterans who served in the Armed Post Office Building’’. out borrowing from the Treasury.

VerDate Mar 15 2010 07:57 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 8527 Sfmt 0634 E:\CR\FM\A26JA7.037 H26JAPT1 sroberts on DSK8KYBLC1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, WEDNESDAY, JANUARY 26, 2011 No. 11 Senate

The Senate met at 9:30 a.m. and was called appoint the Honorable KIRSTEN E. A bill (H.R. 2) to repeal the job-killing to order by the Honorable KIRSTEN E. GILLIBRAND, a Senator from the State of New health care law and health care-related pro- GILLIBRAND, a Senator from the State of New York, to perform the duties of the Chair. visions in the Health Care and Education York. DANIEL K. INOUYE, Reconciliation Act of 2010. President pro tempore. Mr. REID. I object to any further PRAYER Mrs. GILLIBRAND thereupon as- proceedings with respect to each of The Chaplain, Dr. Barry C. Black, of- sumed the chair as Acting President these bills. fered the following prayer: pro tempore. The ACTING PRESIDENT pro tem- Let us pray. f pore. Objection is heard. The bills will Almighty God, Lord of history, lead be placed on the calendar. RECOGNITION OF THE MAJORITY our Senators above all irrelevancies Mr. REID. Madam President, I sug- LEADER and trivialities to a unity of passion gest the absence of a quorum and ask and purpose. Create in them an ele- The ACTING PRESIDENT pro tem- the time be charged equally against vated and refined patriotism that will pore. The majority leader is recog- both sides. make them eager to know and do Your nized. The ACTING PRESIDENT pro tem- will. May the words of their mouths f pore. Without objection, it is so or- dered. The clerk will call the roll. and the meditations of their hearts be SCHEDULE acceptable to You, O God, our strength The bill clerk proceeded to call the and our Redeemer. Mr. REID. Madam President, fol- roll. Mr. THUNE. Madam President, I ask In the awareness that ‘‘without a vi- lowing leader remarks, if any, there unanimous consent the order for the sion the people perish,’’ give our Sen- will be a period of morning business quorum call be rescinded. ators a fresh vision of the United until 10:30 this morning, with Senators The ACTING PRESIDENT pro tem- States of America. Also, keep ever be- permitted to speak for up to 10 minutes pore. Without objection, it is so or- fore them the dream of the better each during that period of time. The dered. world that is yet to be. Republicans will control the first half, We pray in Your great Name. Amen. the majority will control the final half. f At 10:30, the Senate will proceed to RESERVATION OF LEADER TIME f consideration of S. Res. 14, a resolution The ACTING PRESIDENT pro tem- PLEDGE OF ALLEGIANCE honoring the victims of the tragedy in Tucson, AZ. There will be up to 31⁄2 pore. Under the previous order, the The Honorable KIRSTEN E. hours for debate on the resolution prior leadership time is reserved. GILLIBRAND led the Pledge of Alle- to a vote. As a result, Senators should f giance, as follows: expect a rollcall vote about 2:15 today. MORNING BUSINESS I pledge allegiance to the Flag of the Following the vote, we will resume United States of America, and to the Repub- The ACTING PRESIDENT pro tem- morning business, with 10-minute limi- lic for which it stands, one nation under God, pore. Under the previous order, the tations. indivisible, with liberty and justice for all. Senate will be in a period of morning f f business until 10:30 a.m., with Senators MEASURES PLACED ON THE permitted to speak therein for up to 10 APPOINTMENT OF ACTING CALENDAR—S. 162, S. 163, H.R. 2 minutes each, with the time equally di- PRESIDENT PRO TEMPORE Mr. REID. Madam President, there vided and controlled between the two The PRESIDING OFFICER. The are three bills at the desk due for their leaders or their designees, with the Re- clerk will please read a communication second reading. publicans controlling the first half and to the Senate from the President pro The ACTING PRESIDENT pro tem- the majority controlling the final half. tempore (Mr. INOUYE). pore. The clerk will report the bills en f The bill clerk read the following let- bloc. IMPORTANT PUBLIC ISSUES ter: The bill clerk read as follows: U.S. SENATE, Mr. THUNE. Madam President, I rise A bill (S. 162) to cut $500,000,000,000 spend- to speak about the issues that I think PRESIDENT PRO TEMPORE, ing in fiscal year 2011. Washington, DC, January 26, 2011. A bill (S. 163) to require the Government are most important to the American To the Senate: prioritize all obligations on the debt held by public. I appreciated the opportunity I Under the provisions of rule I, paragraph 3, the public in the event that the debt limit is had last evening, along with the Pre- of the Standing Rules of the Senate, I hereby reached. siding Officer, to sit and listen to the

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

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VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.000 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S250 CONGRESSIONAL RECORD — SENATE January 26, 2011 President’s State of the Union Address, The opposite example of that we saw There are so many things about this which is an annual rite of passage a year ago, when the health care re- bill that argue for us starting over and where the President lays out his blue- form bill was being debated on the doing it right. But I want to say this print and his vision for the next year. floor of the Senate. This is something morning, because I want to focus spe- In those remarks he did, as he did last that impacts literally one-sixth of the cifically on this issue of spending and year, touch on a number of themes American economy. Yet you had a bill debt, that much has been made of the that I think speak to issues that are that passed the Senate without a single fact that we are going to have a vote important for the country to face. Republican vote. In fact, in most cases coming up. On March 4, the continuing Certainly, there were statements in Republicans were not included, were resolution expires, at which point we that speech I agree with, in terms of not consulted, did not have input into will have to decide what we are going the things he said we need to be fo- that legislation. So you had a bill that to do in terms of funding the govern- cused on. There are some statements literally impacts one-sixth of the ment. I hope that debate or the lead-up with which I did not agree. But in American economy pass out of this to that vote sparks a debate about terms of the broader agenda, what Chamber on a party-line vote. That is spending because if we don’t start get- strikes me about the speech is he historic. Because in most cases, if you ting spending under control, this prob- talked about the need for tax reform, look throughout our Nation’s history, lem we have continues to snowball. We which is something I agree with. I when this country needs to do big have a $14.3 trillion debt. think it is an issue of competitiveness. things, there is a bipartisan effort to The other point I would make is He talked about medical malpractice try to get a bill that can attract broad there is another big vote looming reform, which is something many of us bipartisan support. sometime between late March and have been trying to get to be part of So as much as I support many of the early May—in the April timeframe the health care debate in this country things the President said last night, I most likely—where we are going to for a long time. Unfortunately, that would argue that the proof is in the have to raise the debt limit. We are al- got left on the cutting room floor last pudding. We are going to wait and see ready $14.3 trillion in debt as a nation, year. He talked about strengthening now whether his actions comport with and we are going to have to extend the Social Security and entitlement re- his words because the talk about nation’s borrowing authority above form, also a critical priority if we are spending and debt rings hollow if, in that so that we can finance the govern- serious about getting spending and fact, you are not willing to take on ment. We have maxed out the credit debt under control. He also talked spending in this country, spending in card. We cannot do this any longer. We about regulatory reform, looking at our government, and willing to take on don’t have the luxury of time. When we government reform and the types of ac- the issue of entitlement reform. In are facing a $14.3 trillion debt, much of tions we might be able to take to fact, notwithstanding the President’s which we owe to other countries streamline or shrink or make more ef- talk last year about a 3-year freeze on around the world, we put ourselves at ficient the Federal Government. He spending, we saw the largest buildup, great peril. We put our economy at also talked about the importance of en- the most massive expansion of govern- great peril. acting trade agreements, and I could ment we have seen literally since the I would argue it is a national secu- not agree more. I think trade is a crit- 1960s. rity issue, and I am not the only one ical part of our economy. Export oppor- The health care bill is a $21⁄2 trillion saying that. The Chairman of the Joint tunities for businesses in this country new expenditure for the Federal Gov- Chiefs of Staff, ADM Mike Mullen, said would create economic growth. It ernment when it is fully implemented, a few months back that the greatest would create jobs. Unfortunately, at a cost, I believe, to be much larger threat to America’s national security again, those are trade agreements that than that over time when you start is our national debt. That is the top have been stalled out here for some seeing these costs pile up and more and ranking military official in this coun- time in the Congress. more people shifted over into the gov- try saying it is not the—when we talk What strikes me about the speech is ernment program. about the greatest threat to America’s this. Last year, we heard a lot of the Hopefully, we are going to have a national security, he could have talked same themes. The President this year, vote here in the Senate. I believe we about al-Qaida, he could have talked I forgot to mention, talked about a 5- will have a vote. Our leader has indi- about the Iranian nuclear program, he year freeze on spending. Last year, he cated that we will get a vote on repeal- could have talked about China, he talked about a 3-year freeze on spend- ing health care reform. In my view, be- could have talked about North Korea. ing. He talked about trade agreements fore this begins to get implemented, it But what did he say? The greatest 1 year ago. Many of those same themes would make sense to throw it over- threat to America’s national security were struck 1 year ago. Yet we have board and start over and do this right is our national debt. That speaks vol- not seen the results of the rhetoric. and do it in a way that attracts bipar- umes about what we need to be focused What I would argue to the American tisan support and actually does some- on and what we as public officials here people and to all my colleagues is, it is thing to drive down the cost of health in the Senate need to devote our ener- important that we judge people not by care rather than increasing it because gies to. their rhetoric but by their actions. what we have seen already is what we So when we think about that, there Don’t watch what we say, watch what predicted would happen; that is, insur- are a couple of things that, obviously, we do. I think that is true of anyone in ance rates are going up, not down. The we can do. I have advocated, as have public life. We all need to be judged by massive taxes on that bill, of course, others, that we go back to the 2008 what we do and whether we are fol- get passed on, so consumers end up spending levels because in the last 2 lowing through with what we say we paying more for their health care, not years, we have seen spending on the are going to do. less. I would argue that we are going to non-national security discretionary So when the President talks about see some disastrous results from some part of the budget increase by 21 per- those priorities, I could not agree of the pay-fors in the bill. cent, at a time when inflation in the more. But, frankly, in order for any of The so-called CLASS Act, which is overall economy is 2 percent. So the those things to happen, it is going to another new entitlement program, is government has grown at 10 times the take Presidential leadership. If we are something that even the chairman of rate of inflation in the last 2 years. going to do something on tax reform, if the Senate Budget Committee, a When the President talks about we are going to do something on enti- Democratic chairman, a year ago when freezing spending this year, he is, in tlement reform, if we are going to do this was being debated, said is a Ponzi my view, dealing with an issue that something about spending and debt, scheme of the highest order, something really—the only analogy I can use—is the President is going to have to step Bernie Madoff would be proud of. It has like closing the barn door after the forward with bold proposals in order to a tail on it that is going to create defi- horse has already gotten out. We have accomplish that because bold things, cits in the outyears and make the fi- a major problem. We had a dramatic big things, need to be done on a bipar- nancial fiscal picture we face even runup in spending in the last 2 years, tisan basis. worse. and freezing it now will enshrine and

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.001 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S251 lock in to the baseline that massive in- Congresses. We have gotten where we metic one, not a superficial one, not crease in spending. are today because we did not make the one where we provide lipservice but If we go back to the 2008 levels, it hard choices when he should have, and where we are serious about reining in will be painful, but we don’t have the now the choices become much harder. spending—not just non-national secu- luxury of not dealing with this now. It I would also say that in the last 2 rity spending but also looking at the is going to be painful, but it is going to years, that debt has grown by over $3 long-term issues that are going to af- be necessary if we are serious about trillion, largely because of a trillion- fect this country’s balance sheet well providing a better future for our chil- dollar stimulus bill that we borrowed into the future, and those are our enti- dren and grandchildren. The alter- from our children and grandchildren, tlement programs. It is going to be native is that we continue to run up which didn’t do anything to create jobs tough stuff. It is not easy to do this. these trillion-dollar, $1.5 trillion defi- but did add $1 trillion to the debt, and I can’t help but think that if we had cits year over year over year, adding the health care bill, which, again, made some of these hard decisions a significantly more to that debt and many of the costs of that we are going few years ago, we wouldn’t be in the putting ourselves on a trajectory when to see into the future, but it has a pro- situation we are today. I came here as I think our economy is in great peril in found impact on the fiscal picture the a freshman Congressman back in 1997. the future. country is going to be considering. One of the first votes we had—big That is one aspect of it. We talk What does it mean to finance a $14.3 votes, I should say, on the floor of the about the non-national security discre- trillion debt? Well, it means this: We House of Representatives at the time— tionary part of the budget. Of course, spend so much on interest that next was a vote on a balanced budget the national security part of the budg- year the amount we spend on interest amendment, something that I think 38 et is already being scrutinized and will equal the amount we spend on na- States have. Our State of South Da- scrubbed. The Secretary of Defense, tional security. Think about that. The kota has a balanced budget amend- Robert Gates, has made it clear that entire security budget to defend this ment, which means our legislature and they are going to try to find savings country, that amount of money will be Governor can’t go home until they bal- and efficiencies in there to the tune—in equalled by the amount we spend on in- ance the budget. That vote passed. It fact, I think they have already deter- terest to finance the debt, and that takes two-thirds majorities in both the mined they can save somewhere on the continues to explode in the years House and the Senate and 38 States to order of $150 to $170 billion in the de- ahead. If for some reason we were to ratify to get a constitutional amend- fense budget over the next 5 years. But have a runup in interest rates, if some- ment approved. We got a big, larger then you have this other part of the thing happened in the economy, which, than two-thirds vote in the House of budget, the entitlement programs—So- with inflation starting to take off a lit- Representatives at that time. It came cial Security, Medicare, and Med- tle bit, generally interest rates would to the Senate, and it failed by one vote. icaid—which, of course, Medicare and follow that—and at some point in the Now, 67 votes here is the magic number Medicaid are driven by health care not too distant future, we could see in- to get the two-thirds threshold. It got costs, and until we figure out what we terest rates tick up. Well, we have been 66 votes in the Senate 14 years ago. are going to do on health care to rein able to manage our debt by the way we I can’t help but think how much bet- that in, to get that cost under control, financed it and the short-term bor- ter out financial picture would be it is going to be complicated to try to rowing. If you saw interest rates reset today had we taken that step back in fix. But that being said, I think that is and go up, it would have an even more 1997 and put a balanced budget amend- what argues for actually putting rem- profound impact on the amount we pay ment—enshrined that into our Con- edies in place that will put downward to finance that debt and the amount we stitution and imposed a discipline on pressure on health care costs, on utili- make in interest payments. the Congress that hasn’t existed. Clear- zation, so we can bring health care Every child in America today under ly, for politicians here in Washington, costs back under control. the age of 18 owes $114,000 because of it is too easy, when it comes down to There are a number of good ideas out that debt, and 6 years from now it will making hard choices, to take the easy there about how to do that. The debt be $196,000. What are we doing to future way, to hand the bill to our children commission made some recommenda- generations when we saddle them with and grandchildren. It is time to stop. tions, although most in the area of this enormous debt and put them in a We cannot afford this any longer. We Medicare and Medicaid were largely position where they are going to be are at $14.3 trillion and adding $1 tril- cosmetic because they couldn’t come faced with a lower standard of living lion every single year. to an agreement about how to fix and a lower quality of life than what So this is going to require tough de- health care. Social Security, on the we have experienced simply because we cisions, hard decisions. But I believe other hand, is available. It can be fixed. did not have the courage to make the this is a great country with great peo- I think the debt commission made a se- hard decisions that were necessary to ple. We have met big challenges before. ries of recommendations that I hope get this situation under control. I think the American people are ready the President and his team will take So I would suggest to my colleagues to step forward and deal with this chal- seriously and come to the Congress. I and to the President after his speech lenge. I think they are looking for po- think Republicans here in Congress are last night that this is not about talk. litical leadership to do that, to join willing to work with him because that It is not about rhetoric. It is about ac- them in that quest. As I said before, is something we can put on a sustain- tion. It is about what the American Presidential leadership is critical. It is able path. We ought to do it, and we people asked us to come here and do. I going to take leadership here in the ought to do it now because the longer think there were three messages com- Senate and the House of Representa- we wait, the worse the problem be- ing out of the election last fall: The tives. comes. American people want us focused on We cannot afford to kick the can So you have the entitlement issues, jobs and the economy, they want us fo- down the road any farther, to punt the you have the non-national security dis- cused on spending, and they want us fo- ball to the next generation. It is not cretionary spending—things that can cused on debt. fair to them. For generations in this be done, that this President, if he is We are going to have an opportunity country, we have had a sort of guiding willing to put his rhetoric into action in the next few months, when the con- principle; that is, one generation sac- and take leadership, can actually put tinuing resolution expires and we look rifices so the next generation can have up as a record of accomplishment for at the issue of funding the government a better life. We may be the first gen- the American people. The alternative into the future, to deal with the issue eration that turns that ethic on its ear is that we continue to add to the $14.3 of spending When we get to the debt and asks the next generation to sac- trillion debt. limit vote that will come up sometime rifice because we have not been willing I am not going to sit here and say for this spring, we will have an oppor- to live within our means. a moment that we are not all respon- tunity to talk about the debt. But it So I hope we can muster the courage sible for this. Obviously, there were ought to generate and spark a serious that is necessary, and I am going to do previous administrations and previous effort here in the Congress, not a cos- everything I can to continue to shine a

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.003 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S252 CONGRESSIONAL RECORD — SENATE January 26, 2011 light on this issue when we get into cumulated debt of America from the authority to come up with a report these budget debates. I, frankly, have a George Washington to the end of Wil- and force Congress to vote on it. Pow- series of budget reforms. I think that, liam Jefferson Clinton was $5 trillion. erful stuff, with a lot of bipartisan sup- absent a constitutional amendment, we And as President Clinton left office, he port. When this powerful piece of legis- ought to be putting some statutory re- said to President Bush: I want to give lation came to the floor of the Senate, forms in place that would force down- you, in the next year, a $120 million seven Republican Senators who were ward pressure on spending. surplus in terms of what you can an- cosponsors of the bill voted against the I have a bill that calls for a 2-year or ticipate to happen in the next year. It bill that they cosponsored, this effort biennial budget where we budget in one was a pretty positive situation with a to try to deal with our budget deficit in year, in the odd-numbered year, and in lot of job creation, businesses doing honest terms. After the bill failed, the the even-numbered year we do more well, homes being built. President said: I will create one by Ex- oversight. So when people here are run- Now fast forward from 2000 to 2008, 8 ecutive order. I served on it. It was Er- ning for reelection, instead of worrying years later. Let’s take a snapshot. skine Bowles and Alan Simpson about how to spend more money to What was the state of the economy? We cochairing an effort with 18 members. curry favor with a particular constitu- were facing unemployment at record At the end of the day, 11 of us, includ- ency, we will be doing oversight and levels in numbers growing by the ing myself, signed on to the final re- looking at how we can save money for month. We no longer had a national port. I always added the caveat—and I the next generation. So I would like to debt of $5 trillion. Eight years later think most would—that I don’t agree get a debate on that. I think we ought after President George Bush, that na- with all of it, but I think it was the to make the budget resolution we pass tional debt was $12 trillion, more than closest we were going to come to facing here binding and give it the teeth and doubled in an 8-year period. The obvi- a terrible crisis. The crisis is this: Out of every dollar the force of law which it does not have ous question is, what happened? Why we spend in Washington, we borrow 40 today. I think there are a series of pre- were we doing so well 8 years before cents. That is unsustainable. Whether and had fallen so badly 8 years later? scriptions that would be worthwhile for we are using that dollar to build a mis- us to not only entertain but hopefully We had two wars not paid for—we just added those to the national debt— sile or to pay for food stamps doesn’t implement to really take seriously the make much difference. We have to bor- in Iraq and Afghanistan. We had tax challenge that is before us. row 40 cents for every dollar we spend. cuts even to the wealthiest, something I thank the chair for the time, and I Where do we borrow the money? One of that had literally never occurred in the look forward to engaging in a debate our major creditors was in town last history of the United States, and that about spending and about debt and how week, President Hu Jintao of China, a added directly to the debt. We had pro- to better create jobs in this economy major creditor and a major competitor. grams unpaid for, signed by the Presi- for the American people, which is what Which takes me to the President’s dent into law, very expensive pro- I think they want us focused on. I hope State of the Union Address last night. it will be not just rhetoric but action grams, even in the area of Medicare. The Republicans are fixed on one par- that follows. Accumulate those things with the 9/11 ticular area. They believe the sum and I yield the floor. occurrence and the downturn in the substance of all that we do in Wash- The ACTING PRESIDENT pro tem- economy, and we saw our national debt ington should be focused on the deficit. pore. The Senator from Illinois. go from $5 trillion to $12 trillion. In- I think the deficit is critically impor- Mr. DURBIN. Madam President, how stead of President Bush leaving new tant. I voted for the deficit commission much time remains in morning busi- President Obama a surplus for the next report. We have to do things that are ness on the minority side? year, they anticipated a $1.2 trillion unpopular and we have to do them in a The ACTING PRESIDENT pro tem- deficit as President Bush left office. sensible and timely way. But it isn’t pore. There is 6 minutes 47 seconds re- That is what Barack Obama inherited the whole story. What the President maining. 24 months ago. tried to remind us last night is that we Mr. DURBIN. I ask unanimous con- To hear some of the comments being also have a great American economy. sent to reserve that time. I do not be- made, one would think President We have to ask ourselves: Will that lieve there is another Republican Sen- Obama had created the deficit crisis. economy be able to compete in the ator on the floor. He inherited the deficit crisis from world of the 21st century? How will we The ACTING PRESIDENT pro tem- President George Bush. He said: The do against competitive nations such as pore. Without objection, it is so or- first thing we need to do is get the China and Japan and Germany? Those dered. economy up and running. Republicans were questions asked by the President Mr. DURBIN. I ask unanimous con- were virtually no help. Only three Re- last night. sent to begin the Democratic side of publican Senators joined us in a stim- I have heard many Republican Sen- the morning business. ulus bill which is now being mocked ators and Congressmen since say those The ACTING PRESIDENT pro tem- and criticized. But, in fact, one-third of investments, that spending, we don’t pore. Without objection, it is so or- the stimulus was in tax cuts, tax cuts need. What we need is to focus on the dered. to working families to help them deficit. f through a recession. Another third was I think the President got it right. a safety net, unemployment insurance, The President is calling for balance, re- INVESTING IN AMERICA as well as help to State and local gov- sponsible deficit reform, and invest- Mr. DURBIN. Madam President, I lis- ernments. The final third was infra- ment in America that makes a dif- tened closely to the speech given by structure, building roads and bridges ference in who we are and what we can the Senator from South Dakota about and things across America for the be. The President talked about the the deficit. I was thinking as he gave economy. That is what the stimulus Sputnik moment, long before the Pre- the speech that it was a good one, but was. siding Officer was born, the Sputnik I think a little bit of history is war- Did it bring us back in a hurry from moment, October 4, 1957, when the So- ranted at this moment. our recession? No. But it stopped the viet Union launched the satellite Sput- In the year 2000, 11 years ago, Presi- decline in our economy, and we are nik into outer space. It scared us to dent William Jefferson Clinton was bringing ourselves back now as more death. Here this nemesis of the United leaving office. We had gone through a consumer confidence is being dem- States in the Cold War, the Soviet period of budget surpluses. We were onstrated than we have seen in a long Union, with the capacity to develop a taking the budget surplus generated time. bomb that could destroy major parts of each year and buying more longevity I was a member of President Obama’s America, was now in outer space and in Social Security, as appropriate. It deficit commission. For the record, I we were not. They had a missile that was a very positive situation. The na- want people to know that that deficit launched a satellite. It was a tiny little tional debt of America when President commission originally was legislation. thing, about the size of a basketball. It William Jefferson Clinton left office It was a statute. We were going to circled the Earth. At that time in Oc- was $5 trillion. In other words, the ac- enact a law to give this commission tober of 1957, a chill set in on Capitol

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.004 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S253 Hill when people got to thinking, sounds as if it might have led to some- is very simple. It means there is a maybe we are not as good as we thing, it did. It led to a situation today strong likelihood that you will be thought when it comes to math and where I can carry in my pocket a doing better 10 years from now than science and education, if the Russians BlackBerry which has a GPS. GPS you are doing today and an even great- beat us into outer space. came out of that calculation. Now er likelihood that your children will be Congress did something in 1958 in re- someone can basically determine where doing better than you did. sponse to that that was historic and DURBIN is by where his cell phone is. Many people in America think that considered radical at the time. Con- That has become common technology dream is in peril today. Some people gress came up with something called and science, but it was research by the even fear that America is in decline, the National Defense Education Act. It Federal Government that led us 50 that our greatest period of prosperity was the first time in the history of the years later to this moment. is behind us. To these purveyors of country when we had offered college I say that because the President was gloom and doom, to those who are sour loans to those other than veterans, and trying to make that point last night. and dour and think America and its it was a program that was going to When it comes to the future of our government can’t do anything right, reach across America and try to put economy and where we will be and the President sent a clear message: more young people in college. Did it whether we will be competitive, we You could not be more wrong about work? Look at the numbers. In 1940, 15 need to invest—it is not a bad word, it America. We are and will remain the percent of college age students went to is a good word—in our country: in peo- most economically vibrant, the most college, about a half a million students ple so they have the education and culturally vibrant country in the in college. In 1958, we started the loan training, so they can compete; in busi- world, with the best system. We are the programs. By 1960, the number of col- nesses so they have basic research and only country on Earth that tells a lege age students in college had grown the kind of incentives for innovation so young man or woman, 12 or 13 or 14 to 3.5 million. Two years later I was they can move forward in growing years old, whether their family has one of them. their businesses and increasing the been in this country 12 or 6 generations Now fast forward 10 more years to number of employees; and in building or whether they are a new immigrant, 1970. By 1970, 7.5 million students in the infrastructure of America that you can achieve the stars. No other America were in college. Forty percent makes a difference. country has that. That is a precious of college age students were going to There was a company a few decades part of our birthright that remains college. The investment of this govern- ago that became very popular named alive and well today, as we see in the ment into the National Defense Edu- Lands End. Most people know it. It has successes of so many. cation Act and student loans democra- since sold to Sears. They own it today. It is true that we live in a much dif- tized higher education, dramatically But when Lands End was thriving, it ferent world today than the generation increasing the number of students in was located in a small town in Wis- that preceded us. The rules have colleges and universities, and not only consin. A lot of people wondered how changed, and it is tougher to get ahead. prepared us for a man on the Moon and they could run a big mail order oper- Unemployment is unacceptably high, NASA but prepared our economy for ation out of a small town in Wisconsin. and the competition for jobs is real. more important things to come. The answer was they had put together The middle class feels squeezed. But, as Let me give an example. When Sput- enough infrastructure that it worked. the President said, this should not dis- nik was circling the globe, our sci- There were enough highways and courage us. It should challenge us. entists were sitting there upset and enough ways to provide their product Last night, the President explained frustrated that the Russians were the by mail and other delivery all around how we can rise to that challenge. He first in space. Up in Baltimore, there the United States. outlined how we can outinnovate, were two scientists at a laboratory, Now we are in a new generation of outeducate, and outbuild the rest of and they decided they would try to challenges. That generation is calling the world, tapping the creativity and track the Sputnik satellite. The Rus- for technology. The President talked imagination of our populous. sians, in order to prove they were actu- about advancing the technology of He urged us to invest in clean energy ally doing something, were emitting a computer reach to make sure we have technology and other cutting-edge in- signal from this satellite, this little high speed computer accessibility dustries and challenged us to put a mil- basketball-sized satellite. These sci- across the United States. That tech- lion alternative-fuel vehicles on the entists said: Let’s see if we can find nology, innovation, and education is road by 2015. Thanks to the ingenuity that signal, the frequency. They did. going to build a platform for us to be of researchers such as those at the GM Then they used—and I will get lost competitive. I think the President got fuel cell facility in Honeoye Falls, NY, here in a hurry because I am a liberal it right. We deal honestly with the def- I believe we can achieve this ambitious arts lawyer—the Doppler effect to de- icit, but we don’t do it so quickly that goal. I am also hopeful we can take up termine where the satellite was cir- we make the recession worse. And we and pass clean energy legislation in the cling the globe and its speed. They told invest in our people so that we are months ahead. some people at the Department of De- ready to compete in the 21st century. The President also called on Congress fense what they had found. The Depart- I yield the floor. to reform No Child Left Behind in ment of Defense challenged them and The ACTING PRESIDENT pro tem- order to restore America’s global lead- said: If you can tell us where the sat- pore. The Senator from New York. ership in education. I am particularly ellite is and how fast it is moving, Mr. SCHUMER. Madam President, I pleased that the President enthusiasti- could you reverse that equation? We thank my colleague from Illinois for cally endorsed a permanent extension would like to know if we had a satellite his as usual right-on-the-money words of the $2,500 college tuition tax credit I in outer space whether we could figure about the President’s speech. I antici- authored 2 years ago. I would like it to out where your radio receiver was. So pate eagerly the speech of my col- be even higher, to go to $3,000 this year. they did the calculations and did the league from Rhode Island who gra- It is no secret that much of our Na- work, and they determined it. ciously yielded to me. tion’s infrastructure is in disrepair and The purpose in asking the question I rise to commend President Obama that too many Americans do not have was so that we could reach a point in on the pitch perfect State of the Union access to high-speed Internet or high- national defense when, if the Russians he delivered last night. His speech was speed rail. For America to stay ahead launched a missile with a bomb on it smart and balanced, forward thinking, of our foreign competitors, we need to toward the United States, we could tell and unabashedly upbeat about the fu- improve the ways in which we trans- where it came from and launch one in ture of our country. port people and information. return. We did this calculation, and we Fundamentally, the President spoke Since the days of Henry Clay, with started the development of this in 1958, about the need to preserve the Amer- the internal improvements, when our where we could figure out where the re- ican dream, to bequeath its promise to Nation builds infrastructure, economic ceiving station was on Earth, if there the next generation as our parents be- growth follows, and this has clearly al- was a transmitting satellite. If it queathed it to us. The American dream ways been a government function. The

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.005 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S254 CONGRESSIONAL RECORD — SENATE January 26, 2011 President clearly understands this fact ple were just capable of seeing the fin- that, like our health care infrastruc- and spoke to it last night. ger. But for most people, they saw ture, will enable enormous growth in The President did not just focus on where he was pointing, and he has the private sector. growing jobs, the economy, and middle- pointed us toward an important future That is what infrastructure does. class paychecks last night. He showed for our country. These are the issues Roads are not valuable because people an acute awareness of the need to rein we are going to have to address in the go out with picks and shovels and bull- in Federal spending to get our Nation’s decades ahead, and we have to be pre- dozers and asphalt pavers and make fiscal house in order. I echo his call to pared now. I want to touch on about them. They are valuable because once consolidate or eliminate unnecessary three areas he pointed to. The first, of they are made, commerce runs across government programs and to revisit course, is infrastructure. I am not the them and the private sector expands. and revise regulations that have long only person in America who has no- That is just as true of communications outgrown their usefulness. Of course, ticed our crumbling infrastructure. Ev- and information technology and we need to find a balance, but I am erybody who drives on our roads, ev- broadband and our energy grid. We confident that more can and will be erybody who goes across our bridges, need to invest in infrastructure, and we done to make our government more everybody who has been to our water need to think about our modern infra- agile and efficient. and sewage plants knows we have structure, not just the infrastructure The President had the right blend: underinvested in those areas for dec- the Romans could build. Yes, cut out the waste, even eliminate ades. The other point the President made wasteful and inefficient and duplica- As the President pointed out last that was critically important is that tive programs, but do not throw out night, America’s own engineers give American manufacturing is not now the baby with the bathwater or, as he America a D for the status of our infra- competing on a level playing field with said, do not throw the engine off the structure. The Environmental Protec- our foreign opponents. Many people airplane when the plane is overweight. tion Agency has estimated that we have said this was a very ‘‘America So the combination of growth, invest- have $662 billion in total capital needs first’’ speech; that the President ment in our future, and innovation, for clean water and drinking water in- seemed more nationalistic than he has with fiscal moderation and reining in vestments over the next 10 years—$662 been before. I suspect that is because in waste, is just pitch perfect for the billion that we need to put into our his years as President, it has been driv- American people. water and water treatment system in en home to him how many disadvan- Lastly, I applaud the President for the next 10 years. By contrast, in the tages our foreign competition puts our addressing one of the most critical so-called stimulus bill, we put in $6 bil- manufacturers at. It is not fair. It cre- matters facing the country: our broken lion; 1 percent of what we need. We ates immense disabilities for them and immigration system. As you know, I have a lot of work we still have to do real handicaps, and we have to put have championed comprehensive immi- to make sure America has the clean American manufacturing back on a gration reform for some time, and the water treatment and drinking water it level playing field with their competi- President seemed to endorse many as- needs. tors around the globe. pects of the approach. He likes the ap- The infrastructure question is not I can go to the Cranston Print Works proach, bipartisan, that Senator just about infrastructure the Romans Company in Rhode Island, which is one GRAHAM and I put together. He has told could have built. It is not just about of the last remaining vestiges of the us that on several occasions. So I look roads and bridges and waterworks. The vaunted Rhode Island textile industry. forward to working with him as well as President referred to a Sputnik mo- It was Rhode Island’s textile industry my colleagues on the other side of the ment many years ago and President that started the industrial revolution. aisle as we map a path to comprehen- Kennedy’s drive to get us up into space Rhode Island’s textile industry pro- sive reform in the 112th Congress. and to accelerate our space program. pelled Rhode Island to have more mil- Some pundits and handicappers said When President Kennedy pushed to lionaires per capita than any other Congress seemed subdued, even re- put a man on the Moon within 10 years State in the country. Now it has win- strained last night. Well, if last night’s and bring him safely home, what that nowed away, winnowed away, and com- speech did not seem like the usual par- delivered was not just a man on the panies such as Cranston Print Works tisan pep rally, that is because it was Moon. What it delivered was the tech- that has been able to hang on and sur- not. The President’s speech was not nology that allowed a company called vive and be successful keenly know meant to appeal to Democrats or Re- COMSAT, a public-private corporation, how bad the disadvantages are. publicans or even Independents. It was to put up into space the satellite tech- You could have their CEO, George meant to appeal to Americans. In that, nology that became the infrastructure Shuster, give you a speech about how the President succeeded overwhelm- of our modern communications system. in almost every dimension of their op- ingly. The fact that we sat together That was done because of that call to erations they are at a disadvantage, side by side, Democrats and Repub- action. and very often a disadvantage that licans, was a fine fit with the Presi- It is not just our communications America has created, against their for- dent’s appeal to the whole of America, system that is core infrastructure, as eign competition. I just want to men- not to one side or the other. well as our roads and our bridges and tion one. The address last night embodied so our waterworks, it is also our informa- I have introduced the Offshoring Pre- many of the values and ideals that tion technology system, particularly in vention Act because if George Shuster unite us as Americans. It displayed the health care. When we build a robust were to take his facility in Rhode Is- kind of optimism we relish, thrive on, health information infrastructure—so land and move it overseas, he could and believe in. It was a great speech, a that as an American you are no longer choose the year he declared his profits wonderful moment of comity. I expect carrying your cardboard file-covered and defer them to the most advan- this moment will not fade soon, and I records from appointment to appoint- tageous tax year. When he stays in hope so too. ment, no longer having to explain who Rhode Island, he has to declare his I yield the floor for my colleague you are and what you have and what profits in that year no matter what. from Rhode Island. medications you are on and why you There is no reason on Earth we should The ACTING PRESIDENT pro tem- are there for the umpteenth time be- reward an American company that pore. The Senator from Rhode Island. cause the doctor has not seen your file moves its processes overseas with a tax Mr. WHITEHOUSE. Madam Presi- because it is not available to him elec- deferral advantage that they do not get dent, I compliment my distinguished tronically—when we fix all that so when they are here at home. My colleague from New York on his re- your pharmacy, your specialist, the Offshoring Prevention Act would pre- marks. I would like to add a few obser- laboratories you go to, the hospital, if vent that. vations of my own, but first I want to you have had to visit one, are all con- The last thing I want to say—because echo very much what he said. What the nected to your primary care provider I see my distinguished colleague from President did last night was to point a who is directing the care for your con- Arizona on the Senate floor and I want finger toward the future, and some peo- dition, that is a piece of infrastructure to make sure I leave him time—is just

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.007 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S255 a word about our long-term debt. I was Among those who lost their lives There are so many stories of courage immensely gratified the President took were 9-year-old Christina-Taylor and bravery associated with this ac- a firm position to defend Social Secu- Green, Dorothy Morris, Judge John tion. The quick reaction of our police rity. We who are familiar with the ac- Roll, Phyllis Schneck, Dorwan Stod- and other first responders was remark- tual facts know that Social Security dard, and Gabriel Matthew Zimmer- able, not to mention the incredible and has never contributed a dime to our man. extremely rapid care provided by the deficit, never contributed a dime to our Christina-Taylor Green was the 9- doctors and nurses and caregivers in debt, and that it is solvent for more year-old daughter of John and Roxanna Tucson. So in this great tragedy that than a quarter century ahead of us. It Green. She was born on September 11, has taken place, we can be comforted is not an immediate problem, and with 2001. She was a third grader, with an with the knowledge that our citizens very small adjustments it can be never avid interest in government, who was reacted in the way that Americans do— a problem. recently elected to the student council with heroism, with courage, and with In States such as Rhode Island and at Mesa Verde Elementary School. sacrifice. New York, and I suspect Arizona as Dorothy Morris was 76 years old. She I think it is entirely appropriate that well, we have people who count on So- attended the January 8 event with this resolution be passed as one of the cial Security. Social Security gives us George, her husband of over 50 years, first acts of the new 112th Congress of freedom. Social Security gives our sen- with whom she had two daughters and the Senate and House. I wish to thank iors freedom from want and freedom who was also critically injured as he all Americans for their concern, their from fear. It gives them freedom from tried to shield her from the shooting. prayers and the sympathy and support privation and freedom from poverty. It John Roll, whom I will talk about they have extended not only to the vic- gives the younger generation freedom later on, is a Pennsylvania native who tims and their families but also to the to pursue their own dreams, knowing was 63 years old. He began his profes- people of Arizona. There will be discussion for weeks their parents will have a dignified old sional career as a bailiff in 1972. He was and months ahead as to how it was pos- age because of Social Security, and appointed to the Federal bench in 1991 sible for this event to take place. I they can take risks and seek opportu- and became a chief judge for the Dis- don’t pretend to know all the answers. nities they would never otherwise be trict of Arizona in 2006. He was a de- It was clearly a deranged individual, an able to take if they knew they were the voted husband to his wife Maureen, fa- individual who perhaps we could argue, only support for their parents in their ther to his three sons, and grandfather while I can’t say for certain, his men- old age, if the only thing that stood be- to five grandchildren. He heroically at- tempted to shield Ron Barber from ad- tal illness should have been brought to tween their parents and penury was the attention of the proper authorities. them. Thankfully, Social Security ditional gunfire. Phyllis Schneck, the proud mother of We do have a law that provides for such gives that liberty to young people an action in the State of Arizona. At across this country, as well as the free- three and grandmother of seven and great-grandmother, from New Jersey the same time, the question needs to be dom it gives to old people. So I am de- asked: The actions that we now have lighted he took this stand and that So- and spending the winter in Arizona, was a 79-year-old church volunteer and become very aware of, was the possi- cial Security will not be improperly bility of those actions brought to the New York Giants fan. thrown under the bus of the important attention of the proper people so they debt and deficit reduction work we Dorwan Stoddard, a 76-year-old re- tired construction worker and volun- could take action? need to do. The fact is it happened. The fact is teer at the Mountain Avenue Church of With that, I will yield. I see, again, we who are elected representatives will Christ, is credited with shielding his Senator MCCAIN on the Senate floor. continue to have contact with our con- wife Mavy, a long-time friend whom he He is a distinguished Senator and a stituents. We will do so and not be de- great friend, and I do not want to take married while they were in their six- terred by the actions of this deranged time from him. ties and who was also injured in the individual. We cannot allow the actions I yield the floor. shooting. of a deranged individual to prevent us Gabriel Matthew Zimmerman was 30 f from interacting, in a fundamental years old, engaged to be married, and way, with our constituents. They de- CONCLUSION OF MORNING served as director of community out- BUSINESS serve it. I am confident we will be able reach to Representative GABRIELLE to continue the practice of townhall The ACTING PRESIDENT pro tem- GIFFORDS and was a social worker be- meetings, ‘‘Congress on Your Corner,’’ pore. Morning business is closed. fore serving with Representative GIF- the kinds of activities that are, in f FORDS. some ways, not entirely unique to the We all know GABRIELLE GIFFORDS United States of America but certainly HONORING THE VICTIMS AND HE- was the target of the attack and was ROES OF THE SHOOTING ON JAN- are not practiced in most parts of the critically injured. Overnight, we re- world. UARY 8, 2011, IN TUCSON, ARI- ceived extremely good news in that her ZONA So we are encouraged by the news condition has been upgraded from crit- concerning GABRIELLE GIFFORDS and The ACTING PRESIDENT pro tem- ical to good. That is incredible news we will harbor the hope and pray that pore. Under the previous order, the and is heartening to all of us. she will return to her duties in the Senate will proceed to the consider- Thirteen others were also wounded in Congress, representing the people of ation of S. Res. 14, which the clerk will the shooting, including Ron Barber and southern Arizona. We pray for the fam- report. Pamela Simon, who were both staffers ily of Judge John Roll and those others The legislative clerk read as follows: to Representative GIFFORDS, and sev- who gave their lives. Senator KYL and A resolution (S. Res. 14) honoring the vic- eral individuals, including Patricia I attended the various memorial serv- tims and heroes of the shooting on January Maisch, Army COL Bill Badger, retired, ices and events surrounding this trag- 8, 2011, in Tucson, Arizona. was also wounded in the shooting. edy in Tucson and we come away obvi- The ACTING PRESIDENT pro tem- Roger Sulzgeber, Joseph Zimudie, Dan- ously with deep sorrow over the event, pore. The Senator from Arizona. iel Hernandez, Jr., Anna Ballis and Dr. yet at the same time with a great deal Mr. MCCAIN. Madam President, this Steven Rayle helped apprehend the of pride and appreciation for our fellow resolution states that we honor the gunman and assist the injured, thereby citizens in Arizona and in Tucson who victims and heroes of the shooting on risking their lives for the safety of oth- have reacted in a heroic and giving and January 8, 2011, in Tucson, AZ. As we ers. loving and sharing fashion. all know, and the Nation and the world Some of the actions that took place So I guess we will be voting on this knows, on January 8, a gunman opened during this tragedy have been carried issue sometime this afternoon, and I fire at a ‘‘Congress on Your Corner’’ extensively in the media. The reaction know other colleagues will be speaking event hosted by Representative of the people of Tucson and in Arizona on behalf of this resolution. GABRIELLE GIFFORDS in Tucson, AZ, to this tragedy has been incredibly up- (The remarks of Mr. MCCAIN per- killing 6 and wounding 13 others. lifting and encouraging to all of us. taining to the introduction of S. 188 are

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.008 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S256 CONGRESSIONAL RECORD — SENATE January 26, 2011 printed in today’s RECORD under sionals who worked wonders to save Even former Vice President Dick ‘‘Statements on Introduced Bills and her life and to heal those who were Cheney, a hunter, and an outspoken Joint Resolutions.’’) hurt. We are grateful to the first re- second amendment rights advocate, Mr. MCCAIN. Madam President, I sponders and ordinary citizens who has said in his words, ‘‘maybe it is ap- suggest the absence of a quorum, with acted with such extraordinary courage propriate’’ to reinstate the ban on the time being charged to both sides. to help the victims, tackle the gun- high-capacity clips in the wake of the The ACTING PRESIDENT pro tem- man, and prevent an even more dev- Tucson tragedy. pore. Without objection, it is so or- astating loss of life. We also need to plug the holes in the dered. We offer our deepest condolences to Federal background check system to The clerk will call the roll. the heartbroken families and friends of make it harder for people with a his- The legislative clerk proceeded to those who were lost and all those who tory of serious mental illness or sub- call the roll. were wounded in body and spirit by stance abuse from getting guns. This Mr. DURBIN. Madam President, I ask this tragedy. We pray that time and man who was charged with the murders unanimous consent that the order for God in His infinite mercy will bring in Tucson is someone who was rejected the quorum call be rescinded. them comfort and peace. by our military because of his mental The ACTING PRESIDENT pro tem- A few days ago, we were encouraged condition. He was also told to leave a pore. Without objection, it is so or- to learn that Congresswoman GIFFORDS community college because they feared dered. was moving to a rehab hospital in that he was a danger to himself and Mr. DURBIN. Madam President, what Houston to begin a new phase of her re- others. And yet he could purchase a is the pending business before the Sen- covery. Yesterday her overall medical weapon and a high-capacity clip in Ari- ate? condition was upgraded to ‘‘good,’’ cer- zona, in America. The ACTING PRESIDENT pro tem- tainly good news. Soon we need to No one is proposing to take guns pore. S. Res. 14. begin the next phase in our national away from responsible hunters and Mr. DURBIN. Madam President, I discussion of this tragedy, in order to law-abiding citizens. The Supreme want to thank Majority Leader REID lessen the prospects of such violence in Court has made it clear, individuals and our colleagues from Arizona, Sen- the future. have the right to own guns and I re- ators KYL and MCCAIN, for bringing We cannot simply mourn and move spect that decision. But the Supreme this important resolution to the floor on. We have to have the courage to face Court has also said that the second of the Senate. It has been over 2 weeks, this tragedy squarely. It appears this amendment is ‘‘not a right to keep and but our shock and sadness over what terrible carnage was caused by a man carry any weapon whatsoever, in any happened on that beautiful Saturday with a history of mental illness and a manner whatsoever, and for whatever morning in Tucson is still very real. gun. It is not the first time. In 1981, purpose.’’ They were just ordinary Americans, President Ronald Reagan was shot by a We ought to be able to agree to keep engaged in what we might call the dia- mentally ill man with a gun. Nearly 4 the deadliest weapons out of the hands log of democracy, when a gunman years ago, a mentally ill student shot of people who are seriously unstable. stepped in and began firing. Within sec- and killed 32 people at Virginia Tech. President Obama gave a very moving onds Congresswoman GABRIELLE GIF- On Valentine’s Day 2008, a former stu- speech in Tucson about Christina FORDS and a dozen innocent bystanders dent with a history of mental insta- Green, the little third grader who had lay injured, and six irreplaceable lives bility walked into the lecture hall at just been elected to her student council were ended. Northern Illinois University in DeKalb, and often wore red, white, and blue in Most of us never had the good for- armed with a shotgun and three hand- honor of her country. tune to meet Judge John Roll, Gabe guns. He killed six people including The President said, ‘‘I want to live up Zimmerman, Phyllis Schneck, Dot himself and injured 21 others. to her expectations. I want our democ- Morris, Dorwan Stoddard, or that beau- In 1998, a man with a serious mental racy to be as good as Christina imag- tiful little girl, Christina Green. While illness walked into this building, the ined it. I want America to be as good as they shared the Earth with us, we did Capitol, and before it ended he had shot she imagined it.’’ not know them. But we have come to and killed two members of the Capitol I hope we will put political agendas know them in the last 2 weeks. They Police force. Some are going to argue aside and put our heads together so we were good and decent people who loved you cannot stop a disturbed person who can lessen the chances of another trag- their families, tried to help others, and is intent on committing an act of vio- edy such as Tucson. That would be the believed in the promise of this great lence. To some extent that is certainly very best memorial we could build to Nation. true. But you can take steps to limit those who lost their lives, and the best We mourn their loss. GABBY GIF- the harm that person can cause by we could do for America to do our job FORDS, our colleague in the House, be- keeping the deadliest of weapons out of to keep it safe. lieves in the promise of America’s de- that person’s hands. The gunman in I yield the floor and I suggest the ab- mocracy. She believes in it so passion- Tucson used a semiautomatic handgun sence of a quorum. ately that she chose to run for Con- with a high-capacity ammunition clip The ACTING PRESIDENT pro tem- gress, even though she probably could capable of holding over 30 rounds. He pore. The clerk will call the roll. have found a more comfortable and fired off 31 shots in a matter of seconds The bill clerk proceeded to call the even more financially rewarding life. before he had to reload and was tackled roll. She believed in democracy so much by brave citizens. Mrs. GILLIBRAND. Mr. President, I that she was one of those Members of If he had had to reload sooner, say, ask unanimous consent that the order Congress who would hop on an airplane after 10 rounds, at least 9 people in for the quorum call be rescinded. and fly across America on a weekly Tucson would not have been shot. The PRESIDING OFFICER (Mr. basis to be back home in her district in High-capacity clips were used to com- FRANKEN). Without objection, it is so Arizona. mit mass murder at Virginia Tech, ordered. She believed in this country so deep- Fort Hood in Texas, and in Tucson. Mrs. GILLIBRAND. Mr. President, I ly that she continued to reach out to There is no legitimate sporting or self- rise to give some brief remarks about her constituents even after the end of a defense purpose for such high-capacity the resolution we are considering spirited campaign when a lot of Mem- weaponry. Hundreds of homeowners do today. First and foremost, this resolu- bers of Congress were trying to find at not need to fire 31 rounds in a matter tion condemns, in the strongest pos- least a few weeks to take it easy before of seconds. sible terms, the horrific attack that they got back into the swing of things. High-capacity clips were once illegal took place earlier this month in Tuc- She was concerned about her safety. under the 1994 Federal assault weapons son, AZ, while my friend and colleague But she was dedicated to her job and ban signed by President Clinton, sup- GABRIELLE GIFFORDS was giving time her Nation and certainly the people she ported by Presidents Reagan, Carter, to her constituents through a ‘‘Con- represented. We are grateful to the doc- and Ford. But that law expired 7 years gress at Your Corner’’ event, an event tors and all of the medical profes- ago in 2004. that many of us in the Congress host

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.012 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S257 for our constituents, for them to come her truly is pulling her every day attending the event together. And speak to us about issues that matter to across the finish line, for their courage Phyllis Schneck, a great grandmother them most. and their dedication, and I wish to let who spent the winters in Tucson but During that attack, many lives were them know we will continue to pray for was actually from New Jersey, was lost. We express our deepest and heart- their recovery, we will continue to there as well, as were Dorwan and felt condolences to the families and the pray for all those who were injured and Mavy Stoddard. As all of these people friends and the loved ones who lost are recovering, and we pray for all the were waiting to speak to Congress- their loved ones during that attack. families who have lost their loved ones. woman GIFFORDS, a gunman ap- Each of those who are honored today Mr. President, I ask unanimous con- proached and shot the Congresswoman will be remembered for all they gave to sent that the debate time on the reso- in the head, then turning his gun on their communities and all they have lution be extended to 2:30 p.m., that all the others in line. Gabriel Zimmerman, done, including a great judge, John provisions of the previous order remain Judge Roll, Christina-Taylor Green, Roll, and community members Doro- in effect, and that the vote on adoption Dorothy Morris, Phyllis Schneck, and thy Morris, Phyllis Schneck, Dorwan of the resolution occur at 2:30 p.m. Dorwan Stoddard were all killed. Stoddard, and a great public servant, The PRESIDING OFFICER. Without George Morris, Mavy Stoddard, Pamela Gabriel Matthew Zimmerman. They objection, it is so ordered. Simon, Ron Barber, and the Congress- are all in our thoughts and prayers. Mrs. GILLIBRAND. Mr. President, I woman were injured, along with eight President Obama took the time to ask unanimous consent that all others. really talk about one life that was lost quorum calls during the remainder of Those who were killed had much that affected me most deeply, and that the debate on S. Res. 14 be charged more to offer in their lives. was about Christina-Taylor Green, the equally to each side. Gabe, the Congresswoman’s director 9-year-old girl who went to the ‘‘Con- The PRESIDING OFFICER. Without of community outreach, was only 30 gress at Your Corner’’ event to learn objection, it is so ordered. years old. He was engaged to be mar- about public service, to see her Con- Mrs. GILLIBRAND. I suggest the ab- ried. According to news reports, he was gressman do her job, to hear what she sence of a quorum. killed while rushing to assist others. had to say. The PRESIDING OFFICER. The He worked closely with my Tucson That young girl and her life and the clerk will call the roll. staff. image President Obama talked about The legislative clerk proceeded to Judge Roll was not only a very dis- in his speech not only in Tucson but in call the roll. tinguished and respected jurist but was his speech last night I thought affected Mr. KYL. Mr. President, I ask unani- known most of all in the Tucson com- all of us because his speech was about mous consent that the order for the munity for his kindness and courtesy. the hope and the dreams that every quorum call be rescinded. He was killed as he tried to protect child in America has for this country, The PRESIDING OFFICER. Without Ron Barber, who had been shot just for our democracy, the true aspirations objection, it is so ordered. moments before. that Christina had for this govern- Mr. KYL. Mr. President, yesterday I Christina-Taylor Green, as I men- ment, the expectations she had for us. spoke to the events of January 8 in tioned, was only 9 years old, a third I believe last night President Obama Tucson, AZ, specifically referencing grader. gave a call to action to all of us about the people we are honoring by the reso- Dorothy Morris was married for 50 who we should be as Americans, what lution that is before us today. At 2:30 years to George, and he was injured this country stands for, why we are all trying to protect his wife. The couple this afternoon, we will have an oppor- public servants, and why we are here to has two daughters. I met one of them tunity to act as a body, Democrats and do our jobs. I think it is the image and when I visited with George in the facil- Republicans from all parts of our coun- the life of Christina that gives us hope ity in which he is recuperating, where try, to recognize the people who were for the future about what we can be I was last Friday. injured, the families of those who were and what we can do together, and I Phyllis, like others in this group, was killed, and, of course, the heroes of the think that is what last night’s speech a volunteer at her church. She was also tragic Tucson shooting. was most about. known for her cooking. I want to take a moment to talk On that morning of January 8, Rep- Dorwan Stoddard I mentioned was resentative GABRIELLE GIFFORDS ar- about my dear friend GABBY, whose also a church volunteer, and he, too, courage and whose strength has been rived at a Tucson Safeway store for her was shot as he dove to the ground to extraordinary and is something that ‘‘Congress on Your Corner’’ event. She cover his wife, who escaped with not only inspires me but I think in- was there to meet with constituents, wounds to her legs. I had an oppor- spires every one of the young people which is something she enjoyed doing tunity to visit with her again Friday as here today and all of us in this country very much. This was the first such well. because she is surviving and she is de- event of the year. She had hosted oth- As we know, the gunman was pre- termined to overcome this horrific at- ers previously. pared to take more lives. His plans for tack against her and our democracy She was joined by members of her more bloodshed were thwarted by brave and against all of us. Every day she re- staff. Among them were Pam Simon, and selfless citizens. Their stories have covers is one more day where her Ron Barber, Gabriel Zimmerman, and been documented in the media in the strength is there as a bright light for Daniel Hernandez, an intern. They past few weeks, but a few of their he- all of us, as a reminder of what we are stood alongside as Congresswoman GIF- roic acts are worth recounting here. all capable of and a reminder of what is FORDS greeted her constituents who After a bullet grazed his head and best in each of us. I am going to go had lined up to speak with her. One of took him to the ground, Bill Badger, a visit GABBY this weekend and sit with those individuals was Judge John Roll, 74-year-old retired Army colonel—and her and give her the well wishes and chief judge of the U.S. District Court of in good shape, I might add—got up and the prayers of all of us here. Arizona, a personal friend of mine. he helped hold the gunman down until Having her seat remain open last Like most mornings, he had attended the police arrived. night was a stark reminder of what can mass. Then he decided to stop by the Anna Ballis was shopping that morn- be so easily lost, and the importance of Safeway to thank the Congresswoman ing at Safeway. She was leaving the our presence in that Chamber to do the for her assistance in dealing with the store when the shooting began. Accord- people’s business, that we are there not court’s overwhelming caseload. Also ing to reports, she rushed to the aid of for ourselves, we are not there as attending the event was 9-year-old Barber after a bullet hit an artery in Democrats or Republicans, but we are Christina-Taylor Green, who, like Con- his leg. Anna is the mother of two U.S. there as public servants, to do the will gresswoman GIFFORDS, had recently marines who have been deployed to of the American people, to do our jobs, won elected office. This third grader Iraq and Afghanistan multiple times. I and to represent the people we are sent had recently been elected to the stu- mentioned yesterday visiting Ron Bar- here to represent. dent council by Mesa Verde Elemen- ber in the hospital, holding Anna’s So I thank GABBY and her extraor- tary School. Dorothy Morris and her hand, repeating over and over again dinary husband Mark, whose love for husband George, a retired marine, were how she had saved his life.

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.014 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S258 CONGRESSIONAL RECORD — SENATE January 26, 2011 Such multiple acts of bravery and Mr. President, I note the absence of a reform to rein in frivolous lawsuits; on kindness. quorum. finding a bipartisan solution to Daniel Hernandez was in the gallery The PRESIDING OFFICER (Mr. strengthen Social Security for future at the State of the Union speech last UDALL of New Mexico). The clerk will generations of Americans; on finishing night. He is a 21-year-old intern for call the roll. the job in Iraq and Afghanistan; and on Congresswoman GIFFORDS. He rushed The legislative clerk proceeded to simplifying the individual Tax Code to her aid right after the incident. He call the roll. and reducing our corporate tax rates, had some training in first aid and ap- Mr. MCCONNELL. Mr. President, I which are making it harder and harder plied pressure to her wounds, which ask unanimous consent that the order for U.S. companies to compete around prevented her from bleeding more than for the quorum call be rescinded. the world. she did. He stayed with her even after The PRESIDING OFFICER (Mr. Working together in all these areas emergency service personnel arrived. CARDIN). Without objection, it is so or- would help the economy by encour- Sixty-one-year-old Patricia Maisch dered. aging the creation of private sector grabbed the magazine of additional am- RECOGNITION OF THE MINORITY LEADER jobs, improving security, and helping munition the gunman was hoping to re- The PRESIDING OFFICER. The Re- us keep our commitments to our chil- load in his weapon and then adminis- publican leader is recognized. dren and our parents. I take the Presi- tered first aid to a shooting victim. Mr. MCCONNELL. Mr. President, dent at his word when he says he is Steve Rayle, a doctor and former first, I would like to express my strong eager to cooperate with us on doing all emergency room physician, helped sub- support for the resolution on the floor of it. due the gunman until law enforcement honoring the victims and the heroes of But achieving each of these things arrived, and then he, too, helped to the Tucson shooting, and I thank Sen- should be an end unto itself. It cannot be contingent on some cynical bargain care for the injured. ators KYL and MCCAIN for submitting As the gunman was trying to reload it. whereby one party agrees to secure the his weapon, Roger Salzgeber wrestled Let me take this opportunity to ex- border as long as the other party him down from behind. press once again my sympathy to the agrees to amnesty for illegal immi- Joseph Zamudio ran toward the scene families of those who lost their lives grants; where one side agrees to in- from a nearby store when he heard the that morning and to join with all those crease domestic energy exploration as long as the other side agrees to cripple shots being fired and helped subdue the who are persevering in prayer for the gunman again until law enforcement the economy with higher fuel prices; injured, including Congresswoman GIF- officers arrived. where one side agrees to fight terror as FORDS, whose condition, thankfully, We are obviously grateful for these long as the other side agrees to artifi- still appears to be improving day by acts of bravery. We are proud of the cial timelines and preordained with- day. people I have mentioned but also all of drawal dates—in other words, a bargain We will never forget the heroism of the emergency workers who quickly ar- whereby the party offering to work to- those who sacrificed their own safety rived on the scene and provided life- gether has no real intention of working that morning in Tucson for the good of saving aid and comfort to the injured together at all. And too often that has those around them nor the dedication in the very crucial moments following been the approach this President and of those who attended to the wounded the attack. his party have taken over the last 2 immediately after the shooting both at I must mention also the incredible years. team of professionals, the surgeons and the scene and in the hospital rooms in Take health care. For more than a other highly skilled personnel at Uni- the days that followed. year, we offered to work with the versity Medical Center. We are proud We thank all of them for giving us, in White House and Democrats on a bill of that facility in southern Arizona, the midst of this horrific event, some that would incorporate the best think- and they certainly showed their com- reason for hope and a powerful example ing on both sides. They refused every petence in dealing with all of the of service to follow. step of the way. In the end, they got wounded and some who died. It is my hope that today’s resolution the bill they wanted: a massive govern- It has now been more than 2 weeks will help in some way to preserve the ment-driven system that creates an un- since the tragedy, and the families who memory of the dead, the injured, and knowable number of new bureaucratic lost loved ones are obviously still the heroes of Tucson. entities and two massive new govern- Hopefully, out of this terrible na- grieving. We all pray that they find ment entitlements, which is already comfort in the days ahead, and we hope tional tragedy the rest of us can draw leading people to lose the care they and pray that the wounded will soon strength and inspiration, grow in con- like, which nearly two-thirds of U.S. make full recoveries. In recent days, cern for those around us, and deepen doctors surveyed predict will lead to we have received some good news in our sense of purpose about the work we worse care, and which is causing al- that regard as those who were wounded do here every day. ready struggling businesses to struggle are beginning to recover and leave the STATE OF THE UNION ADDRESS even more with a mountain—a moun- hospital. Our friend and colleague Mr. President, for 2 years I have in- tain—of new mandates and fees. It is GABBY GIFFORDS, although she remains sisted again and again that the two only after this disastrous bill has be- in serious condition, we are heartened parties can and should work together come law that the President says he is to hear positive reports from her doc- on legislation that would spur the now interested in making it better, tors, and we wish her the very best as economy, create an environment for even as he belittles the legitimate con- she begins a new phase of her recovery good private sector jobs, and put our cerns so many Americans continue to in Houston. Nation on a stronger footing for the fu- have about it. The tragedy in Tucson was a shock to ture. Last night, the President did the He has taken the same approach to us all. It is difficult to comprehend same. So this afternoon I would like to spending and debt. Two years ago, the that such horror could be visited upon accept the President’s offer to work to- President came to Congress and told such fine individuals and their fami- gether just as I did after last year’s the country we needed to invest in the lies. In some respects, however, we see State of the Union. future through a trillion-dollar stim- once again how it has brought out the I agree with the President that we ulus that was supposed to be a model of best in good people. can and should work together to in- transparency and efficiency. Within a In honor of the victims and the he- crease, without Federal mandates, pro- year, this bill, which was sold to us as roes of this tragic event, Senator duction of more domestic sources of the answer to our Nation’s economic MCCAIN and I ask our colleagues in the energy, including nuclear, clean coal, woes, had become a national punch Senate to pass S. Res. 14. We can do lit- and natural gas; on strengthening and line, a tragic waste of money. And 2 tle to bring solace to those who lost protecting our borders and enforcing years after that investment in our fu- loved ones, but we can affirm that this immigration laws; on increasing U.S. ture was signed into law, what do we body is united in its grief for the fallen, exports by completing free-trade agree- have? Nearly $3.5 trillion more in debt its admiration for the heroes, and pray- ments with South Korea but also Pan- and nearly 3 million more Americans ers for the injured. ama and Colombia; on medical liability out of work.

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.015 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S259 These out-of-work Americans do not Mr. REID. Mr. President, it is my un- Stoddard, and Gabriel Matthew Zimmerman want to sit around and wait for the derstanding that all time has been used lost their lives in this attack; Democratic vision of the future to ap- under the order that is now before the Whereas Christina-Taylor Green, the 9- year-old daughter of John and Roxanna pear, compliments of the experts in Senate. If it has not, let’s pretend it Green, was born on September 11, 2001, and Washington. They are not particularly has and let’s start the vote now. was a third grader with an avid interest in moved by someone’s vision of what The PRESIDING OFFICER. Without government who was recently elected to the America could look like 40 years from objection, the order for the vote will be student council at Mesa Verde Elementary now if only they hand over more of changed to 2:25. School; their paychecks or more of their free- Mr. REID. Mr. President, I ask for Whereas Dorothy Morris, who was 76 years doms now. They want a job. They want the yeas and nays. old, attended the January 8 event with Washington to stop trying to help The PRESIDING OFFICER. Is there a George, her husband of over 50 years with whom she had 2 daughters, and who was also them and let them help themselves. sufficient second? critically injured as he tried to shield her So the President talks a good game, There appears to be. from the shooting; but call us skeptical, because when all The question is on agreeing to the Whereas John Roll, a Pennsylvania native of the applause is over and the speeches resolution. who was 63 years old, began his professional are through, the debt is higher, more The clerk will call the roll. career as a bailiff in 1972, was appointed to and more wasteful spending and job- The legislative clerk called the roll. the Federal bench in 1991, and became chief stifling regulations come to light, and Mr. DURBIN. I announce that the judge for the District of Arizona in 2006, was a devoted husband to his wife Maureen, fa- millions of Americans are still asking Senator from California (Mrs. FEIN- ther to his 3 sons, and grandfather to his 5 the same simple, persistent question: STEIN), the Senator from West Virginia grandchildren, and heroically attempted to Mr. President, where are the jobs? (Mr. ROCKEFELLER), and the Senator shield Ron Barber from additional gunfire; The President made some good sug- from Virginia (Mr. WEBB) are nec- Whereas Phyllis Schneck, a proud mother gestions on areas where we could work essarily absent. of 3, grandmother of 7, and great-grand- together, and we stand ready to do so, I further announce that, if present mother from New Jersey, was spending the just as we have in the past. But we and voting, the Senator from Cali- winter in Arizona, and was a 79-year-old have now seen enough to know that church volunteer and New York Giants fan; fornia (Mrs. FEINSTEIN), the Senator Whereas Dorwan Stoddard, a 76-year-old what the President says and what the from West Virginia (Mr. ROCKEFELLER), retired construction worker and volunteer at President does are two very different and the Senator from Virginia (Mr. the Mountain Avenue Church of Christ, is things. He has called for investments WEBB) would each vote ‘‘yea.’’ credited with shielding his wife Mavy, a in energy before and we got the stim- The PRESIDING OFFICER. Are there longtime friend whom he married while they ulus. He called for working with us on any other Senators in the Chamber de- were in their 60s, who was also injured in the trade. We are still waiting. He said be- siring to vote? shooting; fore we need to get serious about the Whereas Gabriel Matthew Zimmerman, The result was announced—yeas 97, who was 30 years old and engaged to be mar- debt, even as it reached dizzying new nays 0, as follows: ried, served as Director of Community Out- heights as a result of his policies. He [Rollcall Vote No. 1 Leg.] reach to Representative Gabrielle Giffords, speaks like one who recognizes that YEAS—97 and was a social worker before serving with spending is out of control, and yet his Representative Giffords; Akaka Franken Mikulski Whereas Representative Gabrielle Giffords response is to propose that we lock in Alexander Gillibrand Moran spending levels we already know are Ayotte Graham Murkowski was a target of this attack, and was criti- completely unsustainable. This isn’t Barrasso Grassley Murray cally injured; Baucus Hagan Nelson (NE) Whereas 13 others were also wounded in progress. This is an admission of de- Begich Harkin the shooting, including Ron Barber and Pam- feat. Americans don’t want a spending Nelson (FL) Bennet Hatch Paul ela Simon, both staffers to Representative freeze at unsustainable levels. They Bingaman Hoeven Portman Giffords; and Blumenthal Hutchison want cuts—dramatic cuts—and I hope Pryor Whereas several individuals, including Pa- Blunt Inhofe Reed the President will work with us on Boozman Inouye tricia Maisch, Army Col. Bill Badger (Re- achieving them soon. Boxer Isakson Reid tired), who was also wounded in the shoot- To put it simply, the President still Brown (MA) Johanns Risch ing, Roger Salzgeber, Joseph Zamudio, Dan- Roberts sounds as though he is trying to have it Brown (OH) Johnson (SD) iel Hernandez, Jr., Anna Ballis, and Dr. Ste- Burr Johnson (WI) Rubio ven Rayle helped apprehend the gunman and both ways. His tone may be changing, Cantwell Kerry Sanders assist the injured, thereby risking their lives but based on past performance we will Cardin Kirk Schumer for the safety of others, and should be com- Sessions remain skeptical until we see actual Carper Klobuchar mended for their bravery: Now, therefore, be Casey Kohl Shaheen results. Republicans have pledged to Chambliss Kyl Shelby it the voters that we will do everything Coats Landrieu Snowe Resolved, That the Senate— we can to cut wasteful government Coburn Lautenberg Stabenow (1) condemns in the strongest possible spending, work to lower the debt, get Cochran Leahy Tester terms the horrific attack which occurred at Collins Lee the ‘‘Congress on your Corner’’ event hosted government out of the way of economic Thune Conrad Levin Toomey by Representative Gabrielle Giffords in Tuc- growth, and to work to repeal the Coons Lieberman Udall (CO) son, Arizona, on January 8, 2011; Corker health care bill, even as we replace Lugar Udall (NM) Cornyn Manchin (2) offers its heartfelt condolences to the Vitter that health care bill with the kind of Crapo McCain families, friends, and loved ones of those who Warner commonsense reforms people actually DeMint McCaskill were killed in that attack; Durbin McConnell Whitehouse (3) expresses its hope for the rapid and want. The President has shown he is Wicker willing to talk about some of these Ensign Menendez complete recovery of those wounded in the Enzi Merkley Wyden things. Let’s hope he surprises us by shooting; NOT VOTING—3 (4) honors the memory of Christina-Taylor showing a new willingness to do more Green, Dorothy Morris, John Roll, Phyllis Feinstein Rockefeller Webb than that—to actually work with us on Schneck, Dorwan Stoddard, and Gabriel Mat- achieving real results. The resolution (S. Res. 14) was agreed thew Zimmerman; Mr. President, I yield the floor. to. (5) applauds the bravery and quick think- Mr. CORNYN. Mr. President, I sug- The preamble was agreed to. ing exhibited by those individuals who pre- gest the absence of a quorum. The resolution, with its preamble, vented the gunman from potentially taking The PRESIDING OFFICER. The reads as follows: more lives and helped to save those who had clerk will call the roll. been wounded; S. RES. 14 The legislative clerk proceeded to (6) recognizes the service of the first re- call the roll. Whereas on January 8, 2011, a gunman sponders who raced to the scene and the opened fire at a ‘‘Congress on your Corner’’ health care professionals who tended to the Mr. REID. Mr. President, I ask unan- event hosted by Representative Gabrielle victims once they reached the hospital, imous consent that the order for the Giffords in Tucson, Arizona, killing 6 and whose service and skill saved lives; quorum call be rescinded. wounding 13 others; (7) reaffirms the bedrock principle of The PRESIDING OFFICER. Without Whereas Christina-Taylor Green, Dorothy American democracy and representative gov- objection, it is so ordered. Morris, John Roll, Phyllis Schneck, Dorwan ernment, which is memorialized in the First

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.019 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S260 CONGRESSIONAL RECORD — SENATE January 26, 2011 Amendment of the Constitution and which the Cadet Wing, overseeing 1,200 cadets of the program. The Challenger was Representative Gabrielle Giffords herself and their activities. He was also named only the 25th flight of the space shuttle read in the Hall of the House of Representa- cadet colonel, the highest rank possible that the Nation witnessed. In that tives on January 6, 2011, of ‘‘the right of the for a cadet at the academy. He shared rerun over and over of the close-up people peaceably to assemble, and to peti- tion the Government for a redress of griev- with me how excited he was to be grad- view of those solid rocket boosters ances’’; uating and how proud he was to serve going off in different directions 10 (8) stands firm in its belief in a democracy our Nation in our military. I was proud miles high in the Florida sky, the Na- in which all can participate and in which in- of all he was achieving and he was cer- tion witnessed that extraordinary loss. timidation and threats of violence cannot si- tainly representing Arkansas well. I will never forget the memorial serv- lence the voices of any American; Following graduation, Anthony ice in Houston at the Johnson Space (9) honors the service and leadership of began undergraduate pilot training in Center, when the President of the Representative Gabrielle Giffords, a distin- Columbus, MS, flying the T–6 Texan, United States—as sometimes happens guished member of the House of Representa- the T–38 Talon and the B–1B Lancer in times of grief—became not the tives, as she courageously fights to recover; President of the United States, not the and Strategic Bomber. He received the Top (10) when adjourning today, shall do so out Gun Award for Formation Flying and Commander in Chief, but the comforter of respect to the victims of this attack. was presented with the Leadership in chief. And that was again vividly il- The PRESIDING OFFICER (Mr. Award by the local Air Force associa- lustrated a few weeks ago as President Obama delivered that ringing and high- BEGICH). The motion to reconsider is tion. Classified as ‘‘exceptionally quali- laid upon the table. fied’’ to pilot the B–1, Anthony was ly emotional speech in Tucson, AZ. So Mr. DURBIN. I suggest the absence of scheduled to deploy this month to 25 years ago, as all the crews gathered a quorum. Qatar. there at the Johnson Space Center, The PRESIDING OFFICER. The In life, Anthony’s favorite copilot President Reagan touched the Nation clerk will call the roll. was his wife Nicole. She shared his as the comforter in chief and pointed The legislative clerk proceeded to strong faith and purpose. After grad- out that despite that tragedy, those call the roll. uating from Colorado’s Lewis-Palmer brave souls were doing what America Mr. PRYOR. Mr. President, I ask High School as valedictorian, Nicole has in our genes. By nature, we are ex- unanimous consent that the order for participated in Serteen, a volunteer plorers and adventurers, and we don’t the quorum call be rescinded. program for teens and in mission trips ever give that up. Otherwise, we be- The PRESIDING OFFICER. Without to Peru and Guatemala. come a second-rate Nation. objection, it is so ordered. She went on to study theater edu- Look at the history of America as ex- plorers. Remember the criticism we f cation at the University of Northern Colorado, graduating magna cum read about in our history books con- MORNING BUSINESS laude. She pursued her theater career cerning President Thomas Jefferson The PRESIDING OFFICER. The Sen- and continued leadership roles in Bible when he wanted to spend a paltry cou- ate will resume morning business. studies and youth groups. During this ple of thousand dollars on an expedi- f time, many of Anthony and Nicole’s tion called the Lewis and Clark expedi- friends and families found guidance tion, to see if they could find the pas- PASSING OF ANTHONY AND through the devotionals they regularly sage to the Pacific coast. As a result of NICOLE RIGGAN sent. that mission, from which miraculously Mr. PRYOR. Mr. President, today I Today we continue to find encourage- they returned and most of them were come to the floor to honor CPT Martin ment and inspiration through the self- alive, they brought back all the arti- Anthony Riggan, Jr., and his wife Ni- less lives they lived. I will miss my facts of what this broad land con- cole Riggan. Their journey on this friend Anthony and his lovely wife Ni- tained. Earth was cut short but it was one cole, and I look forward to the day Remember when Tom Hanks played filled with honor, purpose, and distinc- when I see them again. Jim Lovell in ‘‘Apollo 13.’’ ‘‘Apollo 13’’ tion. Mr. President, I yield the floor. was one of the most successful Amer- Anthony was one of those individuals Mr. President, I suggest the absence ican space ventures not because they whom everyone knew would grow up to of a quorum. didn’t land on the Moon, because they be exceptional, and he did. I have The PRESIDING OFFICER. The couldn’t. Most of the spacecraft on the known him since he was a small child. clerk will call the roll. way to the Moon blew up. We thought We went to church together. I think it The bill clerk proceeded to call the we had three dead astronauts who were was in maybe the seventh grade when roll. going to drift in space until they ran he approached me the first time about Mr. NELSON of Florida. Mr. Presi- out of consumables. And it was that in- going to the U.S. Air Force Academy. I dent, I ask unanimous consent that the credible story about how all of Amer- have followed his path since he grad- order for the quorum call be rescinded. ica’s aerospace expertise resided with uated from Pulaski Academy High The PRESIDING OFFICER. Without the astronaut who had stayed behind. School in Little Rock in 2003, where he objection, it is so ordered. He had been training, but he was ex- served as class president, Honor Coun- f posed to the measles and so he was re- cil president, and was a representative placed. So then he was there, with all on the Varsity Football Leadership A CAN-DO AMERICA that knowledge and training for the Council. During this time, Anthony re- Mr. NELSON of Florida. Mr. Presi- mission and he could go into the simu- ceived numerous awards for his char- dent, whenever a Senator, such as Sen- lator and they were able to simulate in acter, service to others, and hard work. ator PRYOR from Arkansas, has to an- real time how they were going to con- Then he fulfilled his lifelong dream nounce to the Senate the loss of a near vert that motor of the lunar lander to to attend the United States Air Force personal friend, especially one he has get the space ship kicked out of lunar Academy where he continued to receive been friends with, and with their par- orbit and back on a trajectory to accolades for performance and leader- ents, for years, it is always a tremen- Earth. And remember after they got ship. As a member of the Board of Visi- dous loss. back—as Tom Hanks is playing Jim tors at the Air Force Academy, I was We are coming up in a couple of days Lovell, the commander, in the movie— able to visit the academy from time to on the 25th anniversary of another someone in the audience asks the com- time. I enjoyed seeing the facilities and great loss in this country, when the mander of the now safely returned crew visiting with the brass, but honestly I Space Shuttle Challenger exploded be- of Apollo 13: Well, is there really the most enjoyed getting to visit with An- fore our eyes on our television screens money to continue to explore space? thony in Colorado. During these times, on January, 28, 1986. It was such a And Lovell’s answer is: What would it he reminded me about the true defini- shock to the Nation, and it hit deep in have been like if Columbus had re- tion of selfless service. our psyche because the symbol of turned from America and they never In his senior year, Anthony was se- America’s technological prowess was went back to follow in his footsteps as lected to be Group 1 Commander for the space shuttle in the early infancy an explorer?

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.002 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S261 So it is, during this time of tragedy, But, at the same time, we then allow under the Small Business Act and the Small and hearing an individual Senator, NASA to do what it does best, which is Business Investment Act of 1958, and for Senator PRYOR, talk about the loss of to venture out and explore the heavens. other purposes. loved ones and family friends and In so doing, we are going to build a new There being no objection, the Senate young people with bright futures, and rocket that will take large components proceeded to consider the bill. the reflection in a day or so of the an- up and that will fulfill the President’s Mr. BEGICH. Madam President, I ask niversary of the Challenger tragedy goal, which is to go to Mars. unanimous consent that the bill be and the loss of seven lives, including The President specifically set a time- read three times and passed, the mo- the teacher, Christa McAuliffe, who table of 2025 to land and return safely tion to reconsider be laid upon the was going to teach that lesson plan to on an asteroid. That is no easy feat, table, with no intervening action or de- the classrooms from space, we are once given how fast an asteroid flies bate, and that any statements relating again reminded that because we dare to through space. But it will give us new to the measure be printed in the venture, because we are by nature ex- technologies, as we develop, to go to RECORD. plorers, there are risks, and sometimes Mars. The PRESIDING OFFICER. Without the price to be paid is with human life. Think of the unbelievable time it objection, it is so ordered. But that is not a reason not to take the would take us under conventional tech- The bill (H.R. 366) was ordered to a risk and to boldly venture forth. nology—10 months to get to Mars. third reading, was read the third time, This is a good reminder for us as Then, once you got to Mars, you pretty and passed. Americans as we face so many uncer- well have to stay on the surface of f tainties—whether it be financial and Mars for 1 year, until the planets are RECOGNIZING THE ANNIVERSARY our future of trying to get out of the realigned, revolving about the Sun, so OF THE TRAGIC EARTHQUAKE IN recession, or whether it be the uncer- Mars comes in closer to the Earth for HAITI ON JANUARY 12, 2010 tain future in Afghanistan or Pakistan, the 10-month trip back. That is why we or how the leadership of al-Qaida is need new technologies. An astronaut Mr. BEGICH. Madam President, I ask being morphed into other countries, who flew seven times, Dr. Franklin unanimous consent that the Senate such as Yemen or Somalia, or the con- Chang-Diaz, a plasma physicist from proceed to the immediate consider- stant uncertainty of whether we will MIT, is developing a plasma rocket ation of S. Res. 26, which was sub- have a job tomorrow, or whether we that will take us to Mars in 39 days. mitted earlier today. can retrain for the new kinds of jobs Then, with that short time flying, at The PRESIDING OFFICER. The that are coming on line. 400,000 miles per hour by plasma thrust, clerk will report the resolution by There are a lot of uncertainties—the we could stay on the surface 1 month, title. The bill clerk read as follows: uncertainties of our energy future. Can to return to Earth without having to we remain dependent on 70 percent of stay 1 year. A resolution (S. Res. 26) recognizing the our daily consumption of oil coming These are exciting new technologies. anniversary of the tragic earthquake in from places such as the Persian Gulf Haiti on January 12, 2010, honoring those A pilot project of that plasma rocket, who lost their lives in that earthquake, and and Nigeria and Venezuela? No. It is with the acronym VASIMR, is being expressing continued solidarity with the Hai- time for us to venture forth, to explore developed to fly on the space station tian people. new realms, to develop new tech- and provide a continuous pulse that There being no objection, the Senate nologies and to be creative. And, of will keep the space station boosted, in- proceeded to consider the resolution. course, as the President spoke last stead of it having, in the degrading of Mr. BEGICH. Madam President, I ask night, we can’t do that unless we have its orbit for conventional technology, unanimous consent that the resolution an educated workforce, which is so nec- to keep boosting it. be agreed to, the preamble be agreed essary for us to be creative. It is that Not only is the sky the limit, not to, the motions to reconsider be laid creativity, that Yankee ingenuity of only is the stratosphere the limit, the upon the table, with no intervening ac- Americans, that keeps us competitive heavens are the limit if we as Ameri- tion or debate, and that any state- in the global marketplace today be- cans will assume this can-do posture ments relating to the measure be print- cause we can outinvent, we can that is so typical of the personalities of ed in the RECORD. outcreate. That is the change America explorers and adventurers; in other The PRESIDING OFFICER. Without has. words, the personalities of we, the objection, it is so ordered. As we reflect upon the tragedies, the Americans. The resolution (S. Res. 26) was agreed individual tragedies that we have, the I yield the floor and suggest the ab- to. collective tragedy that we had as a na- sence of a quorum. The preamble was agreed to. tion—25 years ago with Challenger, The PRESIDING OFFICER. The The resolution, with its preamble, several years ago with the loss of Co- clerk will call the roll. reads as follows: lumbia, the losses we had most re- The bill clerk proceeded to call the S. RES. 26 cently that are seared into our hearts roll. in Tucson—the hope that springs forth Whereas on January 12, 2010, an earth- Mr. BEGICH. Madam President, I ask quake measuring 7.0 on the Richter scale for those who are wounded, that they unanimous consent that the order for struck the country of Haiti; would come back to lead normal lives, the quorum call be rescinded. Whereas, according to the United States these are our challenges. Keep at it. The PRESIDING OFFICER (Mrs. Geological Survey, the epicenter of the Keep at it. HAGAN). Without objection, it is so or- earthquake was located approximately 15 I say this also. Because it is a time of dered. miles southwest of Port-au-Prince, the cap- ital of Haiti; uncertainty, a lot of pundits are having f fun because it appears that NASA is in Whereas, according to the United States disarray. NASA should not be in dis- ADDITIONAL TEMPORARY EXTEN- Geological Survey, the earthquake was fol- array. We have a blueprint. We have a SION OF PROGRAMS UNDER THE lowed by 59 aftershocks of magnitude 4.5 on the Richter scale or greater, with the most roadmap for the future in the NASA SMALL BUSINESS ACT AND THE SMALL BUSINESS INVESTMENT severe measuring a magnitude of 6.0 on the bill that passed this Congress—one of Richter scale; the few that passed in the Congress be- ACT OF 1958 Whereas, according to the Government of fore the lameduck session. It simply Mr. BEGICH. Madam President, I ask Haiti, more than 230,000 people died as a re- says let’s continue to encourage the unanimous consent that the Senate sult of the earthquake, including 103 citizens commercial companies to develop a proceed to the immediate consider- of the United States; service of taking astronauts and cargo ation of H.R. 366, which is at the desk. Whereas an untold number of international to and from the space station and let’s aid personnel also died as a result of the The PRESIDING OFFICER. The earthquake, including more than 100 United see if we can do that safely, as deter- clerk will report the bill by title. Nations personnel; mined by NASA, but more efficiently The bill clerk read as follows: Whereas, according to the United Nations and, therefore, more cheaply, given the A bill (H.R. 366) to provide for an addi- and the International Organization for Mi- constraints of budgets. tional temporary extension of programs gration—

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.023 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S262 CONGRESSIONAL RECORD — SENATE January 26, 2011 (1) an estimated 3,000,000 people, or nearly Whereas significant long-term challenges Whereas Haiti requires sustained assist- 1⁄3 of the population of Haiti, have been di- remain as Haiti works to recover and re- ance from the United States and the inter- rectly affected by the disaster; and build; national community in order to confront the (2) an estimated 1,300,000 people were dis- Whereas the International Organization for ongoing cholera epidemic and promote re- placed from their homes to settlements; Migration estimates that approximately construction and development: Now, there- Whereas casualty numbers and infrastruc- 800,000 people remain in spontaneous and or- fore, be it ture damage, including damage to roads, ganized camps in Haiti; Resolved, That the Senate— ports, hospitals, and residential dwellings, Whereas, according to numerous non- (1) honors those who lost their lives as a place the earthquake as the worst cataclysm governmental organizations and United to hit Haiti in more than 200 years and, pro- States contractors, the pace of reconstruc- result of the tragic earthquake in Haiti on portionally, as one of the worst natural dis- tion in Haiti has lagged significantly behind January 12, 2010; asters in the world in modern times; the original emergency relief phase; (2) honors the sacrifices of the men and Whereas the Post Disaster Needs Assess- Whereas there is an acute need— women of the Government of Haiti, the Gov- ment, which was conducted by the Govern- (1) to increase local capacity in health care ernment of the United States, the United Na- ment of Haiti, the United Nations, the World and education; and tions, and the international community in Bank, the Inter-American Development (2) to focus international attention on em- their responses to those affected by the Bank, and other experts, estimates that ployment opportunities, rubble removal, per- earthquake; damage and economic losses totaled manent and sustainable shelter, reconstruc- (3) expresses continued solidarity with the $7,800,000,000, which is equal to approxi- tion of roads, safety and security, and funda- people of Haiti as they work to rebuild their mately 120 percent of the gross domestic mental human rights in Haiti, especially in neighborhoods, livelihoods, and country; product of Haiti in 2009; temporary camps and shelters; (4) reaffirms the commitment of the Sen- Whereas the Post Disaster Needs Assess- Whereas the alleged irregularities and ate to support the long-term reconstruction ment estimates that $11,500,000,000 is needed fraud that occurred in the election held in of Haiti, in partnership with the Government during the next 3 years for the reconstruc- Haiti on November 28, 2010, have imperiled of Haiti and in coordination with other do- tion of Haiti and to lay the groundwork for the credibility of the electoral process, un- nors; long-term development; dermined the recovery effort, and further de- (5) supports the efforts of the Executive Whereas Haiti was the poorest, least devel- stabilized security throughout Haiti; Branch to prevent the spread of cholera, oped country in the Western Hemisphere be- Whereas political leadership is required to treat persons who contract the disease, pro- fore the January 2010 earthquake, when— ensure that a democratically elected govern- vide technical assistance to the Haitian Min- (1) more than 70 percent of Haitians lived ment, which is respected by the people of istry of Public Health, and improve long- on less than $2 per day; and Haiti and recognized by the international term water, sanitation, and health systems; (2) Haiti was ranked of 149th out of 182 community, is prepared to assume office on (6) expresses support for the United States countries on the United Nations Human De- February 7, 2011, or shortly thereafter; Embassy team in Port-au-Prince, members velopment Index; Whereas, on October 19, 2010, an outbreak of the United States Coast Guard, United Whereas, before the earthquake, Haiti was of cholera was detected in the lower States Armed Forces, other United States in the process of recovering from a cata- Artibonite region of Haiti; strophic series of hurricanes and tropical Government personnel, and all members of Whereas initial efforts to contain the epi- storms, food shortages, rising commodity international organizations who have per- demic were disrupted by Hurricane Tomas prices, and political instability, but was severed through adverse local conditions and and resulting widespread flooding, which led showing encouraging signs of improvement; continue to serve Haiti and the Haitian peo- to the spreading and entrenchment of the Whereas President Barack Obama vowed ple; disease throughout Haiti; the ‘‘unwavering support’’ of the United (7) supports the continued effort of the In- Whereas, according to the Haitian Min- States and pledged a ‘‘swift, coordinated and terim Haiti Recovery Commission, under the istry of Public Health and Population, be- aggressive effort to save lives and support leadership of former President Bill Clinton tween the outbreak in October 2010 and Jan- the recovery in Haiti’’; and Prime Minister Bellerive, in its efforts uary 21, 2011— Whereas Senate Resolution 392, which was to improve coordination, build state capac- (1) more than 3,850 people have died from agreed to on January 21, 2010, by unanimous ity, and bring donors and the Government of cholera in Haiti; and consent— Haiti together to effectively lead the recon- (1) expressed the profound sympathy and (2) more than 194,000 people in Haiti have struction process; unwavering support of the Senate for the been affected by the disease; (8) urges the international community— people of Haiti; and Whereas, according to the Pan American (A) to call on the leaders of Haiti to imme- (2) urged all nations to commit to assisting Health Organization and the Centers for Dis- diately reach a democratic resolution to the the people of Haiti with their long-term ease Control and Prevention, cholera could current electoral crisis to enable the newly needs; spread to as many as 400,000 people within elected leaders of the Government of Haiti to Whereas the response to the tragedy from the first year of the epidemic, potentially take office by February 7, 2011, or shortly causing 8,000 deaths at the current case fa- the global community, and especially from thereafter; tality rate; the countries of the Western Hemisphere, (B) to continue to focus assistance on the Whereas the United States has provided has been overwhelmingly positive; priorities of the Government of Haiti; $40,000,000 worth of assistance to combat the Whereas the initial emergency response of (C) to develop, improve, and scale-up com- cholera epidemic, primarily through the Of- the men and women of the United States munications and participatory mechanisms fice of Foreign Disaster Assistance, to assist Government, led by the United States Agen- to more substantially involve Haitian civil cy for International Development and United with stockpiling health commodities, equip- ping cholera treatments centers, providing society at all stages of the cholera and post- States Southern Command, was swift and earthquake responses; and resolute; public information, and developing a safe (D) to give priority to programs that pro- Whereas individuals, businesses, and phil- and sustainable water and sanitation sys- tect and involve vulnerable populations, in- anthropic organizations throughout the tem; cluding internally displaced persons, chil- United States and the international commu- Whereas the efforts to combat the cholera dren, and persons with disabilities; nity responded to the crisis by supporting epidemic have helped to drive the mortality (9) urges aid agencies— Haiti and its people through innovative rate from cholera down from 7 percent to 1 ways, such as fundraising through text mes- percent of all contracted cases during the 3- (A) to train and use Haitian local and na- saging; month period ending on January 21, 2011; tional authorities in the delivery of assist- Whereas more than $2,700,000,000 is esti- Whereas, during the first year following ance; and mated to have been raised from private dona- the January 12, 2010 earthquake in Haiti, the (B) to enhance their coordination and con- tions in response to the tragedy in Haiti; people of Haiti have demonstrated unwaver- sultation with the Haitian people and key Whereas the Haitian diaspora community ing resilience, dignity, and courage; Haitian Government ministries to ensure the in the United States, which was integral to Whereas at the conference of international effectiveness of aid; and emergency relief efforts— donors entitled ‘‘Towards a New Future for (10) expresses support for— (1) has annually contributed significant Haiti’’, which was held on March 31, 2010, 59 (A) the continuation of the work of United monetary support to Haiti through remit- donors pledged approximately $5,570,000,000 States agencies, nongovernmental organiza- tances; and (including nearly $1,200,000,000 pledged by do- tions, private volunteer organizations, re- (2) continues to seek opportunities to part- nors from the United States) to support the gional institutions, and United Nations ner with the United States Agency for Inter- Action Plan for National Recovery and De- agencies to confront the consequences of the national Development and other Federal velopment of the Government of Haiti; crises affecting Haiti; agencies to rebuild Haiti; Whereas the United Nations Office of the (B) comprehensive assessments of the long- Whereas Haiti continues to suffer from ex- Special Envoy for Haiti estimates that ap- term needs for confronting the cholera epi- treme poverty, gross inequality, a deficit of proximately 63 percent of the recovery and demic in Haiti, including the construction of political leadership at all levels, and weak or development funds pledged for 2010 have been adequate water and sanitation infrastruc- corrupt state institutions; disbursed; and ture; and

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.004 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S263 (C) the continuation of humanitarian and Many of us have come to know the HEALTH CARE development efforts between the Govern- work of Judge Roll after his tragic, he- ment of the United States and the Govern- Mr. BROWN of Ohio. Mr. President, I roic death in the recent shooting where come to the floor pretty regularly to ment of Haiti, the Haitian Diaspora, and he died protecting Ron Barber, Con- international actors who support the goal of read letters from Ohioans, from people gresswoman GIFFORDS’ district direc- a better future for Haiti. in my State, about things in their lives tor, and sacrificing himself. My office f that are important to them. I think in knew about him before, about Judge this institution we—all of us, myself MEASURE READ THE FIRST Roll’s work on behalf of the judicial included—too often forget the pain of system in Arizona. TIME—S. 192 so many people at home who have lost Mr. BEGICH. Madam President, I un- Judge Roll contacted my committee staff last year, after a GAO report jobs, who have lost hopes, who have derstand that S. 192, introduced earlier criticizing the way Arizona was uti- lost health care. today by Senator DEMINT, is at the lizing their courthouse space. This is a I think often about—as I know the desk and I ask for its first reading. letter from Judge Roll to us: Senator from Oregon does—how dif- The PRESIDING OFFICER. The ficult it would be for a parent to ex- On behalf of the district of Arizona, I clerk will read the bill by title. strongly disagree with many of the conclu- plain to their son or daughter: I lost The bill clerk read as follows: sions in the report, particularly as they re- my job and we lost our health insur- A bill (S. 192) to repeal the job-killing late to Arizona and its attempts to cope with ance and now we may have to move. health care law and health care-related pro- an ever-burgeoning criminal caseload largely Nobody has worked harder in the visions in the Health Care and Education arising from border enforcement. Senate than the Presiding Officer from Reconciliation Act of 2010. He hoped his response to the report Oregon on fixing HAMP and reforming Mr. BEGICH. Madam President, I would be helpful to us. It was. We have some of the programs that can help now ask for its second reading and ob- learned that the problems they have in people stay in their homes. I appreciate ject to my own request. Arizona on the border are something the work the Presiding Officer does. The PRESIDING OFFICER. Objec- they have never experienced before. It My letters today are from people all tion is heard. has put their judicial system into real over Ohio about health insurance. It The bill will be read the second time problems, and consequently this judge was a long fight to be able to take on on the next legislative day. was taking a leadership role in reach- the insurance companies and basically f ing out to us to let us know that GAO say to the insurance companies: You report was not accurate. APPOINTMENTS are not going to run this health care We have had a chance to talk with system the way you have, excluding The PRESIDING OFFICER. The both Senator MCCAIN and Senator KYL. people with preexisting conditions, de- President pro tempore of the Senate I sat down with Senator BOXER, who is nying claims after they have turned in and the Speaker of the House of Rep- the chairman of our committee, and their insurance after they have been resentatives, pursuant to the provi- talked about what we might be able to sick, dealing with all the problems peo- sions of section 201(a)(2) of the Congres- do in a very expeditious way. I believe ple have. sional Budget Act of 1974, have ap- the decision to name the Yuma, AZ, The business model for health insur- pointed Dr. Douglas W. Elmendorf as courthouse after Judge Roll is a fitting ance in this country too often has been Director of the Congressional Budget tribute to a man who served his State the insurance companies hire a bunch Office for the term expiring January 3, with distinction. of bureaucrats to keep people from The courthouse is a new courthouse, 2015. buying insurance—the preexisting con- government construction, to help al- The Chair, on behalf of the Repub- dition exclusion—and then hire a leviate some of the overcrowding going lican leader, pursuant to Public Law bunch of people on the other end, when on in Arizona right now, primarily be- 111–25, announces the appointment of someone gets sick and turns in their cause of the problems that exist on the the following individual to serve as a insurance claims, to try to deny them border. member of the Ronald Reagan Centen- their claims. I understand insurance nial Commission for the life of the I do not know of any time in the years I have been here that a bill has companies do that. I do not even blame commission: The Honorable ORRIN been introduced and then discharged insurance companies because they are HATCH of Utah vice Robert Bennett. all competing with one another. They Mr. BEGICH. Madam President, I the same day. We all feel strongly enough that this needs to be handled in may have to do that. But the fact is, it suggest the absence of a quorum. does not work for our health care sys- The PRESIDING OFFICER. The this way. It is the very least we can do. Judge Roll was highly regarded by tem. clerk will call the roll. his colleagues and clearly took his That is what we fixed last year, and The legislative clerk proceeded to judgeship seriously, doing more than that is what Ohioans understand. I call the roll. simply deciding cases and going home. guess I—I do not want to say ‘‘resent,’’ Mr. INHOFE. Madam President, I ask He was an active advocate for the judi- but in some ways I do resent when I see unanimous consent that the order for cial system in Arizona. I believe we conservative Washington politicians, the quorum call be rescinded. would have had this courthouse named who, for 20 or 25 years, have had tax- The PRESIDING OFFICER. Without after him upon his retirement had his payer-financed health insurance for objection, it is so ordered. life not been tragically taken. them and their families, and now they f Today Senators MCCAIN and KYL in- want to vote—in the House of Rep- JUDGE JOHN ROLL troduced S. 188, and I am happy to an- resentatives, and some do here—to nounce that Senator BOXER and I have take away benefits for senior citizens Mr. INHOFE. Madam President, I discharged S. 188 to the floor on this or take away benefits for small busi- heard this morning the tributes that same day. Anything else I do not think nesses or young people who have a pre- were made by Senator JOHN MCCAIN would have been appropriate. existing condition or others. and Senator JOHN KYL about the role I yield the floor, and I suggest the ab- I will not take too long, but I wish to that was played by the very heroic sence of a quorum. read three or four stories or maybe a judge who lost his life in the tragedy The PRESIDING OFFICER (Mr. handful more than that. that took place in Tucson. WHITEHOUSE). The clerk will call the Laura—I will only mention first Shortly after the tragedy, the offices roll. names. These are letters from people in of Senators MCCAIN and KYL reached The legislative clerk proceeded to Ohio who have written me. Laura, from out to my committee—the committee call the roll. Dayton, in Montgomery County in on which I am ranking member and Mr. BROWN of Ohio. Mr. President, I southwest Ohio, writes: Senator BOXER is chairman. They ask unanimous consent that the order My youngest nephew has juvenile diabetes talked about how they would go about for the quorum call be rescinded. and he just started college in-state. Due to honoring Judge John Roll by naming The PRESIDING OFFICER (Mr. the new health care law, he will be able to the new courthouse that will be con- MERKLEY). Without objection, it is so stay on my older sister’s health care insur- structed in Yuma, AZ, after him. ordered. ance plan when he graduates from college.

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.004 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S264 CONGRESSIONAL RECORD — SENATE January 26, 2011 My third oldest nephew can now go back on She says: State and Federal pro- dent signed it, those seniors now will my second oldest sister’s insurance plan. grams are what helped my mother. see their drug costs during that period It appears [that some in Congress care] This whole attitude of let’s repeal cut entirely in half, not taxpayer-sub- more about money than the American peo- the health care bill and then get the sidized cut in half but the drug compa- ple. Please fight for me so I won’t have to worry about losing my health insurance plan government out of it, and letting indi- nies giving up half of what they were if I get seriously ill in the future. viduals take care of themselves is the paid. American way—no, it is not. The This is from Donald in Hardin Coun- This story comes from Christine in American way is Medicare, is Medicaid, ty, northwest of Columbus: Medina County, up close to where I is Social Security, is private enter- I know firsthand that the lack of necessary live. It is a county south of Cleveland. prise, is individualism, is helping one medical and dental services for children and She writes: another, is a spirit of community in students of all ages has created a serious im- My name is Christine and I want to tell our communities. It is all that, and it pediment to the learning process. Families you the story of Carol . . . my mom. . . . with access to a regular source of medical Nine years ago, my father was downsized. is not get government out of our lives. care are more likely to keep the entire fam- His position of over 40 years was eliminated They are against Social Security and ily healthy and create a better learning envi- and so was my parents’ health coverage. My they are against Medicare. Those are ronment within the home. father was only a few months shy of retire- not the American values I was raised The health care reforms you helped pass ment so Medicare was available to him and with and most people I know were are vital to the nation’s economic recovery my mom was on COBRA. My mom’s em- raised with. and a crucial ingredient for great public ployer of over 20 years had just recently shut schools. . . . Moreover, passage of this re- Michael from Twinsburg, north of form was a moral imperative. . . . its doors and while she found work through Akron, in northeast Ohio, writes: a temp agency, it was only part-time and she Donald, in addition to what he writes didn’t qualify for benefits. . . . my 22 year old son—a college student— about young people—there is an effort was kicked off my insurance plan because of A few months later my mom was diagnosed in the Ohio legislature where I believe with Non-Hodgkin’s Lymphoma and Emphy- his age last year. It now costs $460 a month to insure him. 30 Republican legislators have legisla- sema. tion to cancel or eliminate universal Fortunately, her life was not in immediate In January, he will be added back to my danger and their lives were coasting along policy and it will cost nothing. There is no all-day kindergarten—as if cutting until her COBRA ran out. additional charge to add my son. This is due back on children of that age, when to the health insurance legislation. children’s brains are developing, and COBRA is a plan you pay a lot of Please [talk about] these good things. Most they are growing and maturing, espe- money for. Actually, you pay the em- people do not know this and other good cially at those crucial ages of 3, 4, 5, 6 ployer’s and the employee’s side—yours things. years old—to pull the rug out from and the employer’s—to get coverage for Keep in mind, as I read these, this under them makes absolutely no sense. up to 18 months after you lose your job kind of benefit that goes to Michael’s The last letter I will read is from and your insurance. son. If the people in this body and in Rachael, who lives in Cincinnati, in Christine writes: the other body—the people in the southwest Ohio: . . . have you ever tried to find healthcare House of Representatives who actually I simply wanted to thank you for the Pre- coverage for someone with a history of can- voted to repeal the health care bill—if Existing Condition Insurance Plan. It is . . . cer and emphysema? I can, so from personal they have their way—and these are very important . . . to me. experience, it’s infuriating, but I was able to mostly people who they themselves are Your support for health care reform is find it. It would . . . cost her $1,400 per getting taxpayer-financed health insur- greatly appreciated. Health insurance for my month— ance—they want to deny to Michael pre-existing condition will become one less Mr. President, $1,400 per month— thing I need to worry about. Thank you, and his son, they want to deny those thank you, thank you! with a $4,000 deductible per year. kinds of benefits we have voted for, I can now concentrate solely on finding a That means she would pay insur- while they, at the same time, are get- job to replace the one I lost in January. . . . ance—$1,400 a month. She would not be ting taxpayer-financed health insur- Again, I hear people say—I have able to collect on any of her bills until ance. I guess one word would be hypo- heard this for years. President Bush she had already paid an additional critical, another would be callous, an- said it a few times, others have said it: $4,000 out of her pocket. other would be cold. I do not under- Everybody in this country gets health This was more than my parents were bring- stand that way of thinking from some care. If something is wrong, you go to ing home each month so needless to say of my colleagues. the hospital, you go to the emergency whatever savings and retirement they had Steve from Groveport, in Franklin room. was used up quickly. What other option did County, Columbus, the center of the Well, the emergency room does not [they] have? State, writes: take care of you if you have chronic During this time, my mom’s health dete- asthma, the emergency room does not riorated. She required chemo and several I believe the new health care law is one of hospital stays due to her lung collapsing. the greatest things ever done for the middle take care of you if you have cancer. . . . I remember sitting with her in the hos- class. . . . The emergency room will take care of I am so tired of hearing that [many in] this pital and listening to how worried she was you if you go in with a heart attack, country [are] against it. Every poll I’ve seen about how she was going to pay [her] bill. but the emergency room does not take shows it’s split . . . down the middle. The care of you if you need preventive care As if these kinds of illnesses are not other side . . . has got to be heard! bad enough in the stress it causes to a to keep you out of the hospital, to Steve wrote this a couple weeks ago. make you less likely to have that heart family, the anxiety it causes to a fam- I think what we have seen has changed, ily, on top of that, they just wonder: attack. as people learn more about these bene- I read these letters about health in- What do we do about insurance? We fits. For instance, come January 1, surance. I don’t want to debate health know people get sicker and recover every senior in America can go to the insurance legislation anymore. I don’t more slowly when they have that kind doctor and get, without copays and think we need to talk about this. We of anxiety about paying the bills. deductibles, a physical or can get a have passed the law. We have made My parents are good people. My dad is a mammography test or can get screened things better. We have given people veteran. They worked their entire lives and for osteoporosis or can get colorectal who have insurance better insurance sacrificed to give me and my older sisters a screening. better life than they had. They were fortu- now because of these consumer protec- nate to have 3 tireless advocates always Seniors also, in the so-called dough- tions. People without insurance now looking out for them. Not everyone has that. nut hole, where they continue to pay a will get assistance. People who have in- She then goes on: premium but do not get a benefit— surance and were about to get thrown under the Bush-constructed health care off can keep it now. State and Federal programs are what bill, there is this huge hole that costs We need to focus on the real prob- helped my parents. Without them, I honestly don’t know where they’d be today. people a lot of money—because of the lems in this country that we haven’t My hope is that you’ll remember my mom health care bill, because it is law, be- addressed well enough, one of which is and everyone like her. Their lives are de- cause the Senator from Oregon and I job creation. I am hopeful my col- pending on it. and others voted for it and the Presi- leagues will back off this whole idea of

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.030 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S265 let’s keep debating health insurance the following resolutions be subject to to bring those responsible for this hei- and let’s keep relitigating this and a 60-vote threshold for adoption: nous crime to justice. let’s keep rediscussing it and let’s try Wyden-Grassley-McCaskill resolution The Obama administration already to repeal it. Instead, we can fix some and Udall of Colorado resolution; that has offered U.S. law enforcement as- things, as the President said last night, the following remaining resolutions be sistance, which I encourage Egypt to make some minor changes in it. But subject to a threshold of two-thirds of accept—particularly in light of find- let’s go back to what we need to do: those voting for adoption: S. Res. 8; S. ings that indicate al-Qaida or other create jobs in this country and help Res. 10, as amended; and S. Res. 21, as international terrorism networks were manufacturing. amended; that there be no amend- involved. My State is the third largest manu- ments, motions or points of order in Unfortunately, this bombing attack facturing State in the country. We order to any of these resolutions prior is not an isolated incident in Egypt. need to do a lot to make sure that as to the vote in relation to the resolu- Just about one year ago, three men we innovate, as we do the best innova- tion, except for the substitute amend- armed with automatic weapons killed tion in the world and do the best re- ments to S. Res. 10 and S. Res. 21 listed six Christian churchgoers as they search and development, that those above; further, that if a resolution fails emerged from a Christmas Mass service jobs stay in the United States and to achieve the listed threshold for in the Egyptian town of Naga don’t get outsourced. That is our mis- adoption, it be returned to its previous Hammadi, along with one Muslim off- sion, to make sure these jobs are cre- status. duty police officer. ated here. The PRESIDING OFFICER. Without While I commend the Egyptian gov- I yield the floor and suggest the ab- objection, it is so ordered. ernment’s quick arrest and ongoing sence of a quorum. Mr. REID. Madam President, I have prosecution of the four suspects in that The PRESIDING OFFICER. The had a number of conversations this case, the fact that these incidents of clerk will call the roll. evening with my counterpart, the Re- violence against their own Christian The legislative clerk proceeded to publican leader. We on this side have a community have continued in Egypt is call the roll. caucus scheduled for tomorrow at 12:30 very worrying. The PRESIDING OFFICER. In my and so do the Republicans. These votes Coptic Christians have been prac- capacity as a Senator from Oregon, I are all going to occur after we finish ticing their faith in Egypt since antiq- ask unanimous consent that the order our caucuses anyway, so there are uity. Egypt is home to some of the old- for the quorum call be rescinded. going to be no votes in the morning. est Christian schools in the world, Without objection, it is so ordered. The debate will start in the morning. where students have been taught the- f We are going to come in at 10 o’clock. ology and the text of the Bible. Coptic There will be no morning business. It Christians are an important part of RECESS SUBJECT TO THE CALL OF has been suggested we come in at 10:30 Egyptian society and make up approxi- THE CHAIR because of the inclement weather, and mately ten percent of Egypt’s popu- The PRESIDING OFFICER. In my that is fine. There will be no morning lation. Protecting them and other reli- capacity as a Senator from Oregon, I business in the morning, and then we gious minorities from acts of violence ask unanimous consent that the Sen- will vote immediately on these matters should be a top priority for the Egyp- ate stand in recess subject to the call set forth in this agreement. tian government. of the Chair. The weather reports are that the Sun The New Year’s bombing in Egypt is, There being no objection, the Senate, is going to be shining. Tomorrow it unfortunately, also part of a disturbing at 7:45 p.m., recessed subject to the call will be cold, and we know the streets pattern of violence against religious of the Chair and reassembled at 8:25 are bad. But as I have indicated, we are minorities in the Middle East. p.m. when called to order by the Pre- not going to have the votes until to- For example, on October 31, 2010, Our siding Officer (Mrs. HAGAN). morrow afternoon, so we hope it will Lady of Salvation Church in Iraq was The PRESIDING OFFICER. The ma- all work out. Senator MCCONNELL and I the victim of a vicious attack by an al- jority leader. will visit this issue again if anything Qaida affiliate, where over 50 innocent f untoward happens. We know it would lives were taken. Such despicable acts of aggression UNANIMOUS-CONSENT AGREEMENT be better if we didn’t have this bad weather, but we are not all fortunate should not be tolerated. They force mi- Mr. REID. Madam President, I ask enough to live in southern Nevada. nority communities, who deserve unanimous consent that at a time to be Sometimes bad weather does come. greater protection, to live in fear of determined by the majority leader, That being the case, we have been out random acts of violence. after consultation with the Republican of session now for several weeks. We Such violence and discrimination leader, the Senate proceed to the con- have this organizational stuff that we cause members of minority commu- sideration of the following resolutions have to get out of the way so we can nities to become refugees in their own en bloc: start having matters referred out of country or to seek refuge in other A Wyden-Grassley-McCaskill resolu- the committees. So as inconvenient as countries. The ability of religious mi- tion relative to secret holds, which is it is for everyone, we need to move for- norities to worship freely and safely at the desk; a Udall of Colorado resolu- ward. should be a basic tenent of any modern tion regarding waiving the reading of f society. an amendment, which is at the desk; S. It is incumbent on Egypt, as a leader Res. 8, Senator HARKIN; S. Res. 10, Sen- BOMBING OF SAINTS CHURCH in the Middle East, to promote an at- ator UDALL of New Mexico with a sub- Mr. DURBIN. Madam President, mosphere of tolerance where members stitute amendment, which is at the shortly after midnight Mass during the of all religions are given an equal op- desk; and S. Res. 21, Senator MERKLEY, early hours of New Year’s Day, a hei- portunity to thrive and participate in with a substitute amendment, which is nous suicide bombing attack at the the life of the country. at the desk; that there be up to 8 hours Saints Church in Alexandria, Egypt, Earlier, Senator WHITEHOUSE joined of debate, equally divided between the killed 21 innocent worshippers and in- me in a letter to President Mubarak two leaders or their designees, for the jured dozens of others. expressing our concern for the protec- purpose of debating these resolutions My condolences go out to the fami- tion of minority communities in concurrently; that upon the use or lies of the victims and to the Coptic Egypt, including the lack of represen- yielding back of time, the substitute community. This was a devastating tation that Coptic Christians have in amendment to S. Res. 10 be agreed to loss for the Christian community in government as well as the govern- and the substitute amendment to S. Egypt and Christian communities ment’s failure to fully prosecute those Res. 21 be agreed to; the Senate then around the world, including in my responsible for acts of violence against proceed to vote in relation to the reso- home State of Illinois. Coptic Christians in the past. lutions in the order listed above with I urge the Egyptian government to We are concerned that the current no intervening action or debate; that work swiftly and within the rule of law situation may embolden extremists

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.032 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S266 CONGRESSIONAL RECORD — SENATE January 26, 2011 and foster increasing religious intoler- unanimous consent that a copy be In the years since, Bobby Shriver—Sarge’s ance and sectarian violence. printed in the RECORD. oldest son and—I co-founded three fighting I have joined Senator ROBERT MENEN- There being no objection, the mate- units in the war against global poverty: DATA, ONE and (RED). We may not yet DEZ on a resolution condemning the rial was ordered to be printed in the know what it will take to finish the fight New Year’s Day attack in Egypt and RECORD. and silence suffering in our time, but we are expressing condolences to all Egyp- [From the New York Times, Jan. 19, 2011] flat out trying to live up to Sarge’s drill. tians who have suffered from terrorist I have beautiful memories of Bobby and me WHAT I LEARNED FROM SARGENT SHRIVER attacks in the past. sitting with his father and mother at the Egypt has a reputation as a peaceful, (By Bono) Shrivers’ kitchen table—the same team that moderate Arab state, where, as pro- The Irish are still mesmerized by the gazed over J.F.K.’s shoulder—looking over vided under its laws, all faiths are free mythical place that is America, but in the our paltry attempts at speechifying, prod- ’60s our fascination got out of hand. I was ding and pushing us toward comprehen- to practice their religion without fear not old enough to remember the sacrifices of sibility and credibility, a challenge when of retribution or violence. Egypt is a the great generation who saved Europe in your son starts hanging round with a bleed- leader in the region and a close friend the Second World War, or to quite com- ing-heart Irish rock star. of the United States. But there is no prehend what was going on in Vietnam. But Toward the end, when I visited Sarge as a place in Egyptian society for the kind what I do remember, and cannot forget, is frailer man, I was astonished by his good of extremists who attacked and killed watching a man walk on the moon in 1969 spirits and good humor. He had the room and thinking here is a nation that finds joy around him laughing out loud. I thought it a peaceful churchgoers on New Year’s fitting final victory in a life that embodied Day. in the impossible. The Irish saw the Kennedys as our own service and transcended, so often, grave I again express my deepest condo- royal family out on loan to America. A mil- duty, that he had a certain weightlessness lences to the members of Saints lion of them turned out on J.F.K.’s home- about him. Even then, his job nearly done, Church and join all of America in pray- coming to see these patrician public servants his light shone undiminished, and brightened ers for the victims of this tragedy. who, despite their station, had no patience us all. f for the status quo. (They also loved that the f Kennedys looked more WASP than any REMEMBERING SARGENT SHRIVER ‘‘Prod,’’ our familiar term for Protestant.) ADDITIONAL STATEMENTS Mr. LEAHY. Madam President, I I remember Bobby’s rolled-up sleeves, Jack’s jutted jaw and the message—a call to would like to take a moment to pay RECOGNIZING BRUCE RANDOLPH tribute to a hero of mine, Robert Sar- action—that the world didn’t have to be the way it was. Science and faith had found a SCHOOL gent Shriver. He was a man of real perfect rhyme. ∑ Mr. BENNET. Madam President, courage, extraordinary idealism, com- In the background, but hardly in the shad- today I congratulate Bruce Randolph mitted to serving this country, and a ows, was Robert Sargent Shriver. A diamond School in Denver, which President dear friend. intelligence, too bright to keep in the dark- Obama recognized in the State of the ness. He was not Robert or Bob, he was As a veteran of World War II, the Union Address for its remarkable turn- founding director of the Peace Corps, Sarge, and for all the love in him, he knew that love was a tough word. Easy to say, around. and the driving force behind Lyndon Just 3 years ago, Bruce Randolph was Johnson’s war on poverty, Sarge be- tough to see it through. Love, yes, and peace, too, in no small measure; this was the one of the lowest performing schools in lieved in the good things government ’60s but you wouldn’t know it just by looking my home State of Colorado, but last can do for people. Among his many ac- at him. No long hair in the Shriver house, or May, 97 percent of the seniors grad- complishments, he gave us the Head rock ’n’ roll. He and his beautiful bride, Eu- uated, including many who will be the Start program, the Job Corps and nice Kennedy Shriver, would go to Mass first in their families to go to college. Legal Services for the Poor, and the every day—as much an act of rebellion I remember as superintendent work- Volunteers in Service to America. against brutal modernity as it was an act of ing with the principal at the time, Later in life he became the U.S. Am- worship. Love, yes, but love as a brave act, a Kristin Waters, to get these turn- bassador to France, and then president bold act, requiring toughness and sacrifice. His faith demanded action, from him, from around efforts off the ground, and it is of the Special Olympics, an organiza- all of us. For the Word to become flesh, we tremendous to see all the progress that tion founded by his remarkable wife had to become the eyes, the ears, the hands has been made on behalf of the stu- Eunice Kennedy Shriver. of a just God. Injustice could, in the words of dents at Bruce Randolph. Sargent Shriver’s impact on Amer- the old spiritual, ‘‘Be Overcome.’’ Robert The Bruce Randolph community has ican life was profound. Through the Sargent sang, ‘‘Make me a channel of your seen firsthand that school turnarounds many programs he championed, Sarge peace,’’ and became the song. are possible, and with hard work and had a direct and lasting effect on the Make me a channel of your peace: flexibility, we can improve our schools lives of millions of Americans. He was Where there is hatred let me bring your love. to better prepare our kids for success wholly committed to helping people Where there is injury, your pardon, Lord, in college and the 21st century job mar- and to the ideals he believed our coun- And where there’s doubt, true faith in you. Oh, Master grant that I may never seek, ket. We truly can improve the lives of try ought to stand for, and he was tire- So much to be consoled as to console. our kids when teachers, parents, prin- less and unrelenting in his pursuit of To be understood as to understand, cipals and communities come together. those goals. To be loved as to love with all my soul. And now we need to work together to The Peace Corps, one of Sarge’s most Make me a channel of your peace, bring similar turnaround efforts to important and long-lasting accom- Where there’s despair in life, let me bring other low-performing schools in Colo- plishments, enables young Americans hope. rado and across the country. To build to serve their country by building un- Where there is darkness, only light, on successes like these, we need to put derstanding between cultures and And where there’s sadness, ever joy. politics aside, listen to the ideas and working to improve the lives of others The Peace Corps was Jack Kennedy’s cre- aspirations of those closest to our kids, in developing countries. Shriver’s spir- ation but embodied Sargent Shriver’s spirit. and work together to reform our public it lives on through the Peace Corps, Lyndon Johnson declared war on poverty but Sarge led the charge. These, and the Special schools in a way that supports talented and it is incumbent on all of us to en- Olympics, were as dramatic an incarnation teaching, closes the achievement gap sure that the agency fulfills his vision, of the ideas at the heart of America as the and equips our kids with the skills and the vision of President Kennedy. space program. they are going to need to compete for My friend Bono, a committed advo- Robert Sargent Shriver changed the world the jobs of the 21st century. cate in the fight against global pov- more than a few times and, I am happy to On a more personal note, for me, for erty, was himself inspired by President say, changed my world forever. In the late one moment, in a place that sometimes Kennedy’s call to action and by Sar- ’90s, when the Jubilee 2000 campaign—which feels so removed from the work being gent Shriver’s work to put it into ef- aimed to cancel the debts that the poorest done in classrooms across the country, nations owed to the richest—asked me to fect. He recently wrote an op-ed which help in the United States, I called on the having the children and teachers of appeared in the New York Times enti- Shriver clan for help and advice. What I got Bruce Randolph invoked as an example tled, ‘‘What I Learned From Sargent were those things in spades, and a call to of what is possible in public education Shriver.’’ In honor of Sarge, I ask arms like a thump in the back. was very powerful.

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.035 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S267 Congratulations again to teachers, REMEMBERING GENERAL VANG fornia, Wisconsin, and Rhode Island are parents, students and the principal at PAO proud to have Hmong call our States Bruce Randolph School. This is a great ∑ Mr. WHITEHOUSE. Madam Presi- their home. honor for all those involved in the dent, today I commemorate the recent In 1997, the Clinton administration turnaround effort and the continued passing of an iconic figure from a by- authorized a plaque to be placed at Ar- success at Bruce Randolph School.∑ gone era—a man who, with the help of lington National Cemetery stating that his loyal Hmong people, kept what the valor of General Vang Pao’s troops f some estimate to be as many as 70,000 would never be forgotten. As my col- North Vietnamese soldiers from de- league from Minnesota told Min- WELLS WOOD TURNING & ploying through Laos to kill Ameri- nesota’s Star Tribune, there would be a FINISHING, INC. cans during the Vietnam war. few thousand more names on the Viet- General Vang Pao, the military lead- nam Veterans Memorial were it not for ∑ Ms. SNOWE. Madam President, as er of the mountain-dwelling Laotian the efforts of the Hmong. Today, we in ranking member of the Senate Com- Hmong during this era, was already at the Senate and thousands of Hmong mittee on Small Business and Entre- war with Pathet-Lao communist forces throughout the world remember the preneurship, I have the privilege of in Laos when the United States began bravery and dedication Vang Pao and hearing countless small business suc- working with him. The goal of the U.S. his troops exercised while fighting to cess stories from hard-working entre- in Laos at the time was to prevent uphold democracy and protect the lives preneurs across the country. And these North Vietnamese from using Laos as a of so many young Americans at War in stories are all the more gratifying supply line for their attacks on South Southeast Asia.∑ when they involve companies located Vietnam along what was known as the f in my home State of Maine. Today I Ho Chi Minh Trail. Unfortunately for recognize the extraordinary achieve- the Hmong, who lived in the moun- MESSAGES FROM THE PRESIDENT ments of Wells Wood Turning & Fin- tainous jungles between Laos and Messages from the President of the ishing, Inc., a small firm which re- North Vietnam, their homes were lo- United States were communicated to cently celebrated several major mile- cated along this trail. the Senate by Mr. Pate, one of his sec- stones in the company’s history. Vang Pao told the New York Times retaries. Wells Wood Turning, located in the in 2008 that ‘‘There were three missions f western Maine town of Buckfield, spe- that were very important that were cializes in turning, finishing, and man- given to us and to me . . . One was EXECUTIVE MESSAGES REFERRED ufacturing a variety of custom wood stopping the flow of the North Viet- As in executive session the Presiding products. Wells fashions a number of namese troops through the Ho Chi Officer laid before the Senate messages traditional wooden handles, knobs, and Minh Trail to go to the south through from the President of the United table legs, in addition to all manner of Laos. Second was to rescue any Amer- States submitting sundry nominations custom craft turnings, like bird houses, ican pilots during the Vietnam War. and a treaty which were referred to the salt and pepper shakers, and napkin Third, to protect the Americans that appropriate committees. rings. The company also produces navigated the B–52s and the jets to (The nominations received today are wooden toy parts, and miniature and bomb North Vietnam.’’ printed at the end of the Senate promotional baseball bats. Wells Wood Bill Lair, Vang Pao’s contact with proceedings.) Turning primarily uses white birch in the CIA, recounted Vang Pao saying, f the construction of its products, but ‘‘You give us the weapons, and we’ll also utilizes other species of wood, such fight the communists.’’ And so began a REPORT ON THE CONTINUATION as ash, maple, and hickory. covert war in Laos in which thousands OF THE NATIONAL EMERGENCY In December, Wells Wood Turning of Vang Pao’s Hmong soldiers gave THAT WAS DECLARED IN EXECU- marked two significant milestones. their lives, always persevering despite TIVE ORDER 13396 ON FEBRUARY First was the company’s 25th anniver- very heavy casualties. 7, 2006, WITH RESPECT TO THE sary, which is a major accomplishment To his mountain people and even to SITUATION IN OR IN RELATION in any industry, much less Maine’s some of his CIA contacts, Vang Pao TO COˆ TE D’IVOIRE—PM 3 competitive wood products industry. had a larger-than-life status. He shared And December 24 marked the com- The PRESIDING OFFICER laid be- meager food rations with his troops, fore the Senate the following message pany’s 18th year without a lost time commanded from the field instead of accident at its plant, a truly remark- from the President of the United his headquarters, and led troops on the States, together with an accompanying able feat. These milestones are a testa- frontlines of battles, where he suffered ment to the company’s skilled work- report; which was referred to the Com- bullet wounds to his arm and chest. mittee on Banking, Housing, and force and their diligent efforts to pro- Vang Pao was known to have stated, Urban Affairs: mote a strong and safe working envi- ‘‘If we die, we die together. Nobody will ronment. I congratulate Tom Wallace, be left behind.’’ These words proved To the Congress of the United States: the company’s president, and everyone tragic as the Vietnam war came to an Section 202(d) of the National Emer- at Wells Wood Turning for their dedi- end. U.S. forces evacuated Vang Pao gencies Act (50 U.S.C. 1622(d)) provides cated service and impeccable record of and his leadership but were unable to for the automatic termination of a na- quality and safety over the past quar- mount an evacuation of the majority of tional emergency, unless, prior to the ter century. his people. Vang Pao and his top asso- anniversary date of its declaration, the A member of the Maine Wood Prod- ciates were forced to leave Laos as over President publishes in the Federal Reg- ucts Association and the Wood Prod- 20,000 of their compatriots stood on an ister and transmits to the Congress a ucts Manufacturers Association, Wells airstrip in the mountains, waiting to notice stating that the emergency is to Wood Turning & Finishing has proven be evacuated by their U.S. supporters continue in effect beyond the anniver- itself to be an exemplary small busi- as the enemy quickly approached. The sary date. In accordance with this pro- ness. With a commitment to serving evacuation never occurred. Thousands vision, I have sent to the Federal Reg- the customer by providing striking were left behind and killed as com- ister for publication the enclosed no- wood products, designed to the cus- munist forces completed their inva- tice stating that the national emer- tomers’ specifications and in a timely sion. gency declared in Executive Order 13396 manner, Wells Wood Turning has Today, many Hmong reside in pov- of February 7, 2006, with respect to the earned a reputation for fine craftsman- erty-stricken resettlement villages in situation in or in relation to Coˆ te ship. I again thank Tom Wallace and Laos. A few thousand still remain in d’Ivoire is to continue in effect beyond everyone at Wells Wood Turning for the mountains, where there are allega- February 7, 2011. their strong work ethic and extraor- tions that they have been persecuted in The situation in or in relation to dinary safety record, and wish them recent years. And many have resettled Coˆ te d’Ivoire, which has been addressed continued success.∑ in the United States. Minnesota, Cali- by the United Nations Security Council

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.036 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S268 CONGRESSIONAL RECORD — SENATE January 26, 2011 in Resolution 1572 of November 15, 2004, visions in the Health Care and Education bia, transmitting, pursuant to law, a report and subsequent resolutions, has re- Reconciliation Act of 2010. on D.C. Act 18–636 ‘‘Alternative Money Lend- sulted in the massacre of large num- f ing and Services Reform Amendment Act of bers of civilians, widespread human 2010’’; to the Committee on Homeland Secu- EXECUTIVE AND OTHER rity and Governmental Affairs. rights abuses, significant political vio- COMMUNICATIONS EC–134. A communication from the Chair- lence and unrest, and fatal attacks man of the Council of the District of Colum- against international peacekeeping The following communications were bia, transmitting, pursuant to law, a report forces. In March 2007, the Ouagadougou laid before the Senate, together with on D.C. Act 18–637 ‘‘Computation of Gross In- Political Agreement was signed by the accompanying papers, reports, and doc- come Clarification Act of 2010’’; to the Com- two primary protagonists in Coˆ te uments, and were referred as indicated: mittee on Homeland Security and Govern- d’Ivoire’s conflict. As demonstrated by EC–123. A communication from the Chair- mental Affairs. EC–135. A communication from the Chair- recent events surrounding the presi- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- dential election in Coˆ te d’Ivoire, the bia, transmitting, pursuant to law, a report situation in or in relation to Coˆ te on D.C. Act 18–625 ‘‘Department of Health Functions Clarification Temporary Amend- on D.C. Act 18–638 ‘‘Annual Financial Report- d’Ivoire continues to pose an unusual ment Act of 2010’’; to the Committee on ing Modernization Amendment Act of 2010’’; and extraordinary threat to the na- Homeland Security and Governmental Af- to the Committee on Homeland Security and tional security and foreign policy of fairs. Governmental Affairs. the United States. For these reasons, I EC–124. A communication from the Chair- EC–136. A communication from the Chair- man of the Council of the District of Colum- have determined that it is necessary to man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report continue the national emergency and on D.C. Act 18–639 ‘‘Closing of a Public Alley related measures blocking the property on D.C. Act 18–626 ‘‘Performance Parking Ex- tension Temporary Amendment Act of 2010’’; in Square 0441, S.O. 09–8516, Act of 2010’’; to of certain persons contributing to the the Committee on Homeland Security and ˆ to the Committee on Homeland Security and conflict in Cote d’Ivoire. Governmental Affairs. Governmental Affairs. EC–137. A communication from the Chair- BARACK OBAMA. EC–125. A communication from the Chair- man of the Council of the District of Colum- THE WHITE HOUSE, January 26, 2011. man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report f on D.C. Act 18–640 ‘‘Settlement Payment In- on D.C. Act 18–627 ‘‘Extension of Time Tem- tegrity Amendment Act of 2010’’; to the Com- MESSAGE FROM THE HOUSE porary Amendment Act of 2010’’; to the Com- mittee on Homeland Security and Govern- mittee on Homeland Security and Govern- At 10:04 a.m., a message from the mental Affairs. mental Affairs. House of Representatives, delivered by EC–138. A communication from the Chair- EC–126. A communication from the Chair- man of the Council of the District of Colum- Mr. Novotny, announced that pursuant man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report to section 114(b) of the John C. Stennis bia, transmitting, pursuant to law, a report on D.C. Act 18–641 ‘‘14W and Anthony Bowen Center for Public Service Training and on D.C. Act 18–628 ‘‘Fiscal Year 2011 Income YMCA Project Tax Abatement Implementa- Tax Secured Revenue Refunding Bond Development Act (2 U.S.C. 1103), the tion Clarification Act of 2010’’; to the Com- Issuance Temporary Approval Act of 2010’’; Democratic leader appoints the fol- mittee on Homeland Security and Govern- to the Committee on Homeland Security and lowing Member to the Board of Trust- mental Affairs. ees for the John C. Stennis Center for Governmental Affairs. EC–139. A communication from the Chair- Public Service Training and Develop- EC–127. A communication from the Chair- man of the Council of the District of Colum- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report ment for a term of 6 years: TERRI A. bia, transmitting, pursuant to law, a report SEWELL of Alabama. on D.C. Act 18–642 ‘‘Long-Term Care Ombuds- on D.C. Act 18–629 ‘‘Fiscal Year 2011 Income man Program Amendment Act of 2010’’; to f Tax Secured Revenue Bond and General Obli- the Committee on Homeland Security and gation Bond Issuance Temporary Approval Governmental Affairs. MEASURES PLACED ON THE Act of 2010’’; to the Committee on Homeland EC–140. A communication from the Chair- CALENDAR Security and Governmental Affairs. man of the Council of the District of Colum- The following bills were read the sec- EC–128. A communication from the Chair- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- ond time, and placed on the calendar: on D.C. Act 18–643 ‘‘Capital Access Program bia, transmitting, pursuant to law, a report Act of 2010’’; to the Committee on Homeland S. 162. A bill to cut $500,000,000,000 in spend- on D.C. Act 18–630 ‘‘Veterans License Plates Security and Governmental Affairs. ing in fiscal year 2011. Authorization Amendment Act of 2010’’; to EC–141. A communication from the Chair- S. 163. A bill to require that the Govern- the Committee on Homeland Security and man of the Council of the District of Colum- ment prioritize all obligations on the debt Governmental Affairs. bia, transmitting, pursuant to law, a report held by the public in the event that the debt EC–129. A communication from the Chair- on D.C. Act 18–644 ‘‘Closing of G Street, S.E., limit is reached. man of the Council of the District of Colum- adjacent to Square 1104, S.O. 06–5665, Act of H.R. 2. An act to repeal the job-killing bia, transmitting, pursuant to law, a report 2010’’; to the Committee on Homeland Secu- health care law and health care-related pro- on D.C. Act 18–631 ‘‘Artist Protection Act of rity and Governmental Affairs. visions in the Health Care and Education 2010’’; to the Committee on Homeland Secu- EC–142. A communication from the Chair- Reconciliation Act of 2010. rity and Governmental Affairs. man of the Council of the District of Colum- f EC–130. A communication from the Chair- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- on D.C. Act 18–645 ‘‘Processing Sales Tax MEASURES READ THE FIRST TIME bia, transmitting, pursuant to law, a report Clarification Act of 2010’’; to the Committee ON JANUARY 25, 2011 on D.C. Act 18–632 ‘‘Samuel J. Simmons on Homeland Security and Governmental Af- NCBA Estates No. 1 Limited Partnership The following bills were read the first fairs. Real Property Tax Exemption and Equitable EC–143. A communication from the Chair- time: Real Property Tax Relief Act of 2010’’; to the man of the Council of the District of Colum- H.R. 2. An act to repeal the job-killing Committee on Homeland Security and Gov- bia, transmitting, pursuant to law, a report health care law and health care-related pro- ernmental Affairs. on D.C. Act 18–646 ‘‘Reverend Donald Robin- visions in the Health Care and Education EC–131. A communication from the Chair- son Field Designation Act of 2010’’; to the Reconciliation Act of 2010. man of the Council of the District of Colum- Committee on Homeland Security and Gov- S. 162. A bill to cut $500,000,000,000 in spend- bia, transmitting, pursuant to law, a report ernmental Affairs. ing in fiscal year 2011. on D.C. Act 18–634 ‘‘District of Columbia Uni- EC–144. A communication from the Chair- S. 163. A bill to require that the Govern- form Law Commission Act of 2010’’; to the man of the Council of the District of Colum- ment prioritize all obligations on the debt Committee on Homeland Security and Gov- bia, transmitting, pursuant to law, a report held by the public in the event that the debt ernmental Affairs. on D.C. Act 18–647 ‘‘District of Columbia limit is reached. EC–132. A communication from the Chair- Good Time Credits Amendment Act of 2010’’; man of the Council of the District of Colum- f to the Committee on Homeland Security and bia, transmitting, pursuant to law, a report Governmental Affairs. MEASURES READ THE FIRST TIME on D.C. Act 18–635 ‘‘Saving D.C. Homes from EC–145. A communication from the Chair- Foreclosure Amendment Act of 2010’’; to the man of the Council of the District of Colum- The following bill was read the first Committee on Homeland Security and Gov- bia, transmitting, pursuant to law, a report time: ernmental Affairs. on D.C. Act 18–648 ‘‘Miss B’s Center, the Ber- S. 192. A bill to repeal the job—killing EC–133. A communication from the Chair- nice Elizabeth Fonteneau Building Designa- health care law and health care-related pro- man of the Council of the District of Colum- tion Act of 2010’’; to the Committee on

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.008 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S269 Homeland Security and Governmental Af- 2011–2) received in the Office of the President nator for Health Information Technology, fairs. of the Senate on January 5, 2011; to the Com- Department of Health and Human Services, EC–146. A communication from the Chair- mittee on Finance. transmitting, pursuant to law, the report of man of the Council of the District of Colum- EC–155. A communication from the Chief of a rule entitled ‘‘Establishment of the Perma- bia, transmitting, pursuant to law, a report the Publications and Regulations Branch, In- nent Certification Program for Health Infor- on D.C. Act 18–649 ‘‘Rental Housing Commis- ternal Revenue Service, Department of the mation Technology’’ (RIN0991-AB59) received sion Reform Amendment Act of 2010’’; to the Treasury, transmitting, pursuant to law, the during adjournment of the Senate in the Of- Committee on Homeland Security and Gov- report of a rule entitled ‘‘Over-the-Counter fice of the President of the Senate on Janu- ernmental Affairs. Drugs—Additional Guidance’’ (Notice 2011–5) ary 13, 2011; to the Committee on Health, EC–147. A communication from the Chair- received during adjournment of the Senate Education, Labor, and Pensions. man of the Council of the District of Colum- in the Office of the President of the Senate EC–165. A communication from the Direc- bia, transmitting, pursuant to law, a report on January 5, 2011; to the Committee on Fi- tor, Office of Acquisition Policy and Senior on D.C. Act 18–650 ‘‘Rental Housing Act Ex- nance. Procurement Executive, General Services tension Amendment Act of 2010’’; to the EC–156. A communication from the Chief of Administration, transmitting, pursuant to Committee on Homeland Security and Gov- the Publications and Regulations Branch, In- law, the report of a rule entitled ‘‘Federal ernmental Affairs. ternal Revenue Service, Department of the Acquisition Regulation; Federal Acquisition EC–148. A communication from the Sec- Treasury, transmitting, pursuant to law, the Circular 2005–49; Small Entity Compliance retary of the Treasury, transmitting, pursu- report of a rule entitled ‘‘Update of Weighted Guide’’ (FAC 2005–49) received during ad- ant to law, the six-month periodic report on Average Interest Rates, Yield Curves, and journment of the Senate in the Office of the the national emergency with respect to the Segment Rates’’ (Notice 2011–7) received dur- President of the Senate on January 24, 2011; Western Balkans that was declared in Execu- ing adjournment of the Senate in the Office to the Committee on Homeland Security and tive Order 13219 of June 26, 2001; to the Com- of the President of the Senate on January 19, Governmental Affairs. mittee on Banking, Housing, and Urban Af- 2011; to the Committee on Finance. EC–166. A communication from the Direc- fairs. EC–157. A communication from the Chief of tor, Office of Acquisition Policy and Senior EC–149. A communication from the Direc- the Publications and Regulations Branch, In- Procurement Executive, General Services tor of the Regulatory Management Division, ternal Revenue Service, Department of the Administration, transmitting, pursuant to Office of Policy, Environmental Protection Treasury, transmitting, pursuant to law, the law, the report of a rule entitled ‘‘Federal Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Modification of No- Acquisition Regulation; Public Access to the report of a rule entitled ‘‘Notice of Re- tice 2010–71’’ (Notice 2011–9) received during Federal Awardee Performance and Integrity Issuance of the Prevention of Significant De- adjournment of the Senate in the Office of Information System’’ ((RIN9000-AL96)(FAC the President of the Senate on January 24, terioration Applicability Determination for 2005-49)) received during adjournment of the 2011; to the Committee on Finance. the Carlsbad Energy Center Project, Carls- Senate in the Office of the President of the bad, CA’’ (FRL No. 9256–9) received during EC–158. A communication from the Chief of the Publications and Regulations Branch, In- Senate on January 24, 2011; to the Com- adjournment of the Senate in the Office of mittee on Homeland Security and Govern- the President of the Senate on January 24, ternal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the mental Affairs. 2011; to the Committee on Environment and EC–167. A communication from the Direc- report of a rule entitled ‘‘Permitted Dis- Public Works. tor, Office of Acquisition Policy and Senior parity in Employer-Provided Contributions EC–150. A communication from the Sec- Procurement Executive, General Services or Benefits’’ (Revenue Ruling 2011–3) received retary of Health and Human Services, trans- Administration, transmitting, pursuant to in the Office of the President of the Senate mitting, pursuant to law, a report entitled law, the report of a rule entitled ‘‘Federal on January 5, 2011; to the Committee on Fi- ‘‘Evaluation of the Rural PACE Provider Acquisition Regulation; Federal Acquisition Grant Program’’; to the Committee on Fi- nance. EC–159. A communication from the Chief of Circular 2005–49; Introduction’’ (FAC 2005–49) nance. the Publications and Regulations Branch, In- received during adjournment of the Senate EC–151. A communication from the Pro- ternal Revenue Service, Department of the in the Office of the President of the Senate gram Manager, Centers for Medicare and Treasury, transmitting, pursuant to law, the on January 24, 2011; to the Committee on Medicaid Services, Department of Health report of a rule entitled ‘‘Inflation Adjusted Homeland Security and Governmental Af- and Human Services, transmitting, pursuant Items for 2011’’ (Rev. Proc. 2011–12) received fairs. to law, the report of a rule entitled ‘‘Med- in the Office of the President of the Senate EC–168. A communication from the Execu- icaid Program: Final Fiscal Year 2009 and on January 5, 2011; to the Committee on Fi- tive Director of the Consumer Product Safe- Preliminary Fiscal Year 2011 Dispropor- nance. ty Commission, transmitting, pursuant to tionate Share Hospital Allotments, and EC–160. A communication from the Chief of law, a report relative to the Commission’s Final Fiscal Year 2009 and Preliminary Fis- the Publications and Regulations Branch, In- annual FAIR Act Inventory Summary for cal Year 2011 Institutions for Mental Dis- ternal Revenue Service, Department of the fiscal year 2010; to the Committee on Home- eases Disproportionate Share Hospital Lim- Treasury, transmitting, pursuant to law, the land Security and Governmental Affairs. its’’ (RIN0938-AQ44) received during adjourn- report of a rule entitled ‘‘Update of CC:INTL EC–169. A communication from the Sec- ment of the Senate in the Office of the Presi- No-Rule Revenue Procedure, Rev. Proc. 2010– retary of Housing and Urban Development, dent of the Senate on January 5, 2011; to the 7’’ (Revenue Procedure 2011–7) received in the transmitting, pursuant to law, the Semi-An- Committee on Finance. Office of the President of the Senate on Jan- nual Report of the Inspector General for the EC–152. A communication from the Pro- uary 5, 2011; to the Committee on Finance. period from April 1, 2010 through September gram Manager, Centers for Medicare and EC–161. A communication from the Chief of 30, 2010; to the Committee on Homeland Se- Medicaid Services, Department of Health the Publications and Regulations Branch, In- curity and Governmental Affairs. and Human Services, transmitting, pursuant ternal Revenue Service, Department of the EC–170. A communication from the Regu- to law, the report of a rule entitled ‘‘Medi- Treasury, transmitting, pursuant to law, the latory Officer, Foreign Agricultural Service, care, Medicaid, and Children’s Health Insur- report of a rule entitled ‘‘Amendments to the Department of Agriculture, transmitting, ance Programs; Additional Screening Re- Section 7216 Regulations—Disclosure or Use pursuant to law, the report of a rule entitled quirements, Application Fees, Temporary of Information By Preparers of Returns’’ ‘‘Adjustment of Appendices to the Dairy Tar- Enrollment Moratoria, Payment Suspensions ((RIN1545-BI86)(TD 9478)) received during ad- iff-Rate Import Quota Licensing Regulation and Compliance Plans for Providers and Sup- journment of the Senate in the Office of the for the 2010 Tariff-Rate Quota Year’’ (7 CFR pliers’’ (RIN0938-AQ20) received during ad- President of the Senate on January 24, 2011; Part 6) received in the Office of the President journment of the Senate in the Office of the to the Committee on Finance. of the Senate on January 5, 2011; to the Com- President of the Senate on January 24, 2011; EC–162. A communication from the Assist- mittee on Agriculture, Nutrition, and For- to the Committee on Finance. ant Legal Adviser for Treaty Affairs, Depart- estry. EC–153. A communication from the Chief of ment of State, transmitting, pursuant to the EC–171. A communication from the Direc- the Publications and Regulations Branch, In- Case-Zablocki Act, 1 U.S.C. 112b, as amended, tor of the Regulatory Review Group, Farm ternal Revenue Service, Department of the the report of the texts and background state- Service Agency, Department of Agriculture, Treasury, transmitting, pursuant to law, the ments of international agreements, other transmitting, pursuant to law, the report of report of a rule entitled ‘‘Affordable Care than treaties (List 2010-0190–2010-0197); to the a rule entitled ‘‘Prevention of Payments to Act Nondiscrimination Provisions Applica- Committee on Foreign Relations. Deceased Persons’’ (RIN0560-AH91) received ble to Insured Group Health Plans’’ (Notice EC–163. A communication from the Assist- in the Office of the President of the Senate 2011–1) received in the Office of the President ant Legal Adviser for Treaty Affairs, Depart- on January 5, 2011; to the Committee on Ag- of the Senate on January 5, 2011; to the Com- ment of State, transmitting, pursuant to the riculture, Nutrition, and Forestry. mittee on Finance. Case-Zablocki Act, 1 U.S.C. 112b, as amended, EC–172. A communication from the Regu- EC–154. A communication from the Chief of the report of the texts and background state- latory Analyst, Grain Inspection, Packers the Publications and Regulations Branch, In- ments of international agreements, other and Stockyards Administration, Department ternal Revenue Service, Department of the than treaties (List 2011-0001–2011-0006); to the of Agriculture, transmitting, pursuant to Treasury, transmitting, pursuant to law, the Committee on Foreign Relations. law, the report of a rule entitled ‘‘Required report of a rule entitled ‘‘Initial Guidance on EC–164. A communication from the Pro- Scale Tests’’ (RIN0580-AB10) received during the Application of Section 162(m)(6)’’ (Notice gram Manager, Office of the National Coordi- adjournment of the Senate in the Office of

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.014 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S270 CONGRESSIONAL RECORD — SENATE January 26, 2011 the President of the Senate on January 19, (FRL No. 9248–9) received in the Office of the Plans; Colorado; Revisions to Regulation 1’’ 2011; to the Committee on Agriculture, Nu- President of the Senate on January 5, 2011; (FRL No. 9209–3) received during adjourn- trition, and Forestry. to the Committee on Environment and Pub- ment of the Senate in the Office of the Presi- EC–173. A communication from the Con- lic Works. dent of the Senate on January 24, 2011; to the gressional Review Coordinator, Animal and EC–181. A communication from the Direc- Committee on Environment and Public Plant Health Inspection Service, Department tor of the Regulatory Management Division, Works. of Agriculture, transmitting, pursuant to Office of Policy, Economics, and Innovation, EC–188. A communication from the Direc- law, the report of a rule entitled ‘‘Highly Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Pathogenic Avian Influenza’’ (Docket No. ting, pursuant to law, the report of a rule en- Office of Policy, Economics, and Innovation, APHIS-2006-0074) received during adjourn- titled ‘‘Testing of Certain High Production Environmental Protection Agency, transmit- ment of the Senate in the Office of the Presi- Volume Chemicals; Second Group of Chemi- ting, pursuant to law, the report of a rule en- dent of the Senate on January 24, 2011; to the cals’’ (FRL No. 8846–9) received in the Office titled ‘‘Approval and Promulgation of Air Committee on Agriculture, Nutrition, and of the President of the Senate on January 5, Quality Implementation Plans; Virginia; Forestry. 2011; to the Committee on Environment and Adoption of the Revised Lead Standards and EC–174. A communication from the Direc- Public Works. Related Reference Conditions, and Update of tor of the Regulatory Management Division, EC–182. A communication from the Direc- Appendices’’ (FRL No. 9255–9) received dur- Office of Policy, Economics, and Innovation, tor of the Regulatory Management Division, ing adjournment of the Senate in the Office Environmental Protection Agency, transmit- Office of Policy, Economics, and Innovation, of the President of the Senate on January 24, ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- 2011; to the Committee on Environment and titled ‘‘Mefenoxam; Pesticide Tolerances’’ ting, pursuant to law, the report of a rule en- Public Works. EC–189. A communication from the Direc- (FRL No. 8855–1) received during adjourn- titled ‘‘Alaska: Adequacy of Alaska Munic- tor of the Regulatory Management Division, ment of the Senate in the Office of the Presi- ipal Solid Waste Landfill Permit Program’’ Office of Policy, Economics, and Innovation, dent of the Senate on January 24, 2011; to the (FRL No. 9247–6) received in the Office of the Environmental Protection Agency, transmit- Committee on Agriculture, Nutrition, and President of the Senate on January 5, 2011; ting, pursuant to law, the report of a rule en- to the Committee on Environment and Pub- Forestry. titled ‘‘Approval and Promulgation of Air EC–175. A communication from the Direc- lic Works. Quality Implementation Plans; Maryland; tor of the Regulatory Management Division, EC–183. A communication from the Direc- Adoption of Control Techniques Guidelines Office of Policy, Economics, and Innovation, tor of the Regulatory Management Division, for Flat Wood Paneling Coatings’’ (FRL No. Office of Policy, Economics, and Innovation, Environmental Protection Agency, transmit- 9256–2) received during adjournment of the Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Senate in the Office of the President of the titled ‘‘Fluazifop-P-butyl; Pesticide Toler- ting, pursuant to law, the report of a rule en- Senate on January 24, 2011; to the Com- ances’’ (FRL No. 8861–1) received in the Of- titled ‘‘Standards of Performance for Fossil- mittee on Environment and Public Works. fice of the President of the Senate on Janu- Fuel-Fired, Electric Utility, Industrial-Com- EC–190. A communication from the Direc- ary 25, 2011; to the Committee on Agri- mercial-Institutional, and Small Industrial- tor of the Regulatory Management Division, culture, Nutrition, and Forestry. Commercial-Institutional Steam Generating Office of Policy, Economics, and Innovation, EC–176. A communication from the Direc- Units’’ (FRL No. 9255–1) received during ad- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, journment of the Senate in the Office of the ting, pursuant to law, the report of a rule en- Office of Policy, Economics, and Innovation, President of the Senate on January 19, 2011; titled ‘‘Testing of Certain High Production Environmental Protection Agency, transmit- to the Committee on Environment and Pub- Volume Chemicals; Second Group of Chemi- ting, pursuant to law, the report of a rule en- lic Works. cals; Technical Correction’’ (FRL No. 8862–6) titled ‘‘Fluazinam; Pesticide Tolerances’’ EC–184. A communication from the Direc- received in the Office of the President of the (FRL No. 8859–3) received during adjourn- tor of the Regulatory Management Division, Senate on January 25, 2011; to the Com- ment of the Senate in the Office of the Presi- Office of Policy, Economics, and Innovation, mittee on Environment and Public Works. dent of the Senate on January 19, 2011; to the Environmental Protection Agency, transmit- EC–191. A communication from the Direc- Committee on Agriculture, Nutrition, and ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Forestry. titled ‘‘Approval and Promulgation of One- Office of Policy, Economics, and Innovation, EC–177. A communication from the Direc- Year Extension for Attaining the 1997 8-Hour Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Ozone Standard for the New Jersey Portion ting, pursuant to law, the report of a rule en- Office of Policy, Economics, and Innovation, of the Philadelphia-Wilmington-Atlantic titled ‘‘Revisions to the California State Im- Environmental Protection Agency, transmit- City Moderate Nonattainment Area’’ (FRL plementation Plan, Santa Barbara Air Pollu- ting, pursuant to law, the report of a rule en- No. 9255–5) received during adjournment of tion Control District, Antelope Valley Air titled ‘‘Sulfentrazone; Pesticide Tolerances’’ the Senate in the Office of the President of Quality Management District, Ventura (FRL No . 8860–1) received in the Office of the the Senate on January 24, 2011; to the Com- County Air Pollution Control District and President of the Senate on January 25, 2011; mittee on Environment and Public Works. Placer County Air Pollution Control Dis- to the Committee on Agriculture, Nutrition, EC–185. A communication from the Direc- trict’’ (FRL No. 9249–5) received in the Office and Forestry. tor of the Regulatory Management Division, of the President of the Senate on January 25, EC–178. A communication from the Chair- Office of Policy, Economics, and Innovation, 2011; to the Committee on Environment and man of the Commodity Futures Trading Environmental Protection Agency, transmit- Public Works. Commission, transmitting, pursuant to law, ting, pursuant to law, the report of a rule en- EC–192. A communication from the Direc- the Oversight of Caron Markets Working titled ‘‘Approval of One-Year Extension for tor of the Regulatory Management Division, Group’s report entitled ‘‘Report on the Over- Attaining the 1997 8-Hour Ozone Standard for Office of Policy, Economics, and Innovation, sight of Existing and Prospective Carbon the Delaware, Maryland, and Pennsylvania Environmental Protection Agency, transmit- Markets’’ received during adjournment of portions of the Philadelphia-Wilmington-At- ting, pursuant to law, the report of a rule en- the Senate in the Office of the President of lantic City Moderate Nonattainment Area’’ titled ‘‘Revisions to the California State Im- plementation Plan, San Joaquin Valley Uni- the Senate on January 24, 2011; to the Com- (FRL No. 9251–7) received during adjourn- fied Air Pollution Control District’’ (FRL mittee on Agriculture, Nutrition, and For- ment of the Senate in the Office of the Presi- No. 9249–2) received in the Office of the Presi- estry. dent of the Senate on January 24, 2011; to the dent of the Senate on January 25, 2011; to the EC–179. A communication from the Direc- Committee on Environment and Public tor of the Regulatory Management Division, Committee on Environment and Public Works. Works. Office of Policy, Economics, and Innovation, EC–186. A communication from the Direc- EC–193. A communication from the Direc- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- Office of Policy, Economics, and Innovation, Office of Policy, Economics, and Innovation, titled ‘‘Guidelines for Awarding Clean Water Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Act Section 319 Base Grants to Indian ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Tribes’’ (FRL No. 9247–8) received in the Of- titled ‘‘Promulgation of Air Quality Imple- titled ‘‘Removal of Limitation of Approval of fice of the President of the Senate on Janu- mentation Plans; Wisconsin; Particulate Prevention of Significant Deterioration Pro- ary 5, 2011; to the Committee on Environ- Matter Standard’’ (FRL No. 9250–6) received visions Concerning Greenhouse Gas Emit- ment and Public Works. during adjournment of the Senate in the Of- ting-Sources in State Implementation Plans; EC–180. A communication from the Direc- fice of the President of the Senate on Janu- Alabama’’ (FRL No. 9259–8) received in the tor of the Regulatory Management Division, ary 24, 2011; to the Committee on Environ- Office of the President of the Senate on Jan- Office of Policy, Economics, and Innovation, ment and Public Works. uary 25, 2011; to the Committee on Environ- Environmental Protection Agency, transmit- EC–187. A communication from the Direc- ment and Public Works. ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, EC–194. A communication from the Direc- titled ‘‘Approval and Promulgation of Air Office of Policy, Economics, and Innovation, tor of the Regulatory Management Division, Quality Implementation Plans; Texas; Revi- Environmental Protection Agency, transmit- Office of Policy, Economics, and Innovation, sions to Rules and Regulations for Control of ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Air Pollution; Permitting of Grandfathered titled ‘‘Approval and Disapproval and Pro- ting, pursuant to law, the report of a rule en- and Electing Electric Generating Facilities’’ mulgation of Air Quality Implementation titled ‘‘Approval and Promulgation of Air

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.015 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S271 Quality Implementation Plans; Tennessee; Revision 1) received during adjournment of mittee on Homeland Security and Govern- Approval of Section 110(a)(1) Maintenance the Senate in the Office of the President of mental Affairs. Plan for the 1997 8-Hour Ozone Standards for the Senate on January 7, 2011; to the Com- EC–212. A communication from the Senior the Nashville, Tennessee area’’ (FRL No. mittee on Environment and Public Works. Procurement Executive, Office of Acquisi- 9259–2) received in the Office of the President EC–202. A communication from the Chair- tion Policy, General Services Administra- of the Senate on January 25, 2011; to the man of the Council of the District of Colum- tion, transmitting, pursuant to law, the re- Committee on Environment and Public bia, transmitting, pursuant to law, a report port of a rule entitled ‘‘Federal Acquisition Works. on D.C. Act 18–611 ‘‘Wayne Place Senior Liv- Regulation; FAR Case 2011–005, Repeal of the EC–195. A communication from the Direc- ing Limited Partnership Real Property Tax Small Business Competitiveness Demonstra- tor of the Regulatory Management Division, Exemption Act of 2010’’; to the Committee on tion Program’’ ((RIN9000–AL87)(FAC 2005–48)) Office of Policy, Economics, and Innovation, Homeland Security and Governmental Af- received during adjournment of the Senate Environmental Protection Agency, transmit- fairs. in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- EC–203. A communication from the Chair- on January 25, 2011; to the Committee on titled ‘‘Removal of Limitation of Approval of man of the Council of the District of Colum- Homeland Security and Governmental Af- Prevention of Significant Deterioration Pro- bia, transmitting, pursuant to law, a report fairs. visions Concerning Greenhouse Gas Emit- on D.C. Act 18–612 ‘‘2323 Pennsylvania Ave- EC–213. A communication from the Senior ting-Sources in State Implementation Plans; nue Southeast Redevelopment Project Real Procurement Executive, Office of Acquisi- Mississippi’’ (FRL No. 9259–7) received in the Property Limited Tax Abatement Assistance tion Policy, General Services Administra- Office of the President of the Senate on Jan- Act of 2010’’; to the Committee on Homeland tion, transmitting, pursuant to law, the re- uary 25, 2011; to the Committee on Environ- Security and Governmental Affairs. port of a rule entitled ‘‘Federal Acquisition ment and Public Works. EC–204. A communication from the Chair- Regulation; FAR Case 2009–018, Payrolls and EC–196. A communication from the Direc- man of the Council of the District of Colum- Basic Records’’ ((RIN9000–AL53)(FAC 2005– tor of the Regulatory Management Division, bia, transmitting, pursuant to law, a report 48)) received in the Office of the President of Office of Policy, Economics, and Innovation, on D.C. Act 18–613 ‘‘Thirteenth Church of the Senate on January 25, 2011; to the Com- Environmental Protection Agency, transmit- Christ Real Property Tax Relief and Exemp- mittee on Homeland Security and Govern- ting, pursuant to law, the report of a rule en- tion Act of 2010’’; to the Committee on mental Affairs. titled ‘‘Hazardous Waste Management Sys- Homeland Security and Governmental Af- EC–214. A communication from the Sec- tem; Identifying and Listing Hazardous fairs. retary of the American Battle Monuments Waste Exclusion’’ (FRL No. 9259–1) received EC–205. A communication from the Chair- Commission, transmitting, pursuant to law, in the Office of the President of the Senate man of the Council of the District of Colum- the Commission’s annual report for fiscal on January 25, 2011; to the Committee on En- bia, transmitting, pursuant to law, a report year 2010; to the Committee on Homeland Se- vironment and Public Works. on D.C. Act 18–614 ‘‘800 Kenilworth Avenue curity and Governmental Affairs. EC–215. A communication from the Admin- EC–197. A communication from the Direc- Northeast Redevelopment Project Real Prop- istrator, General Services Administration, tor of the Regulatory Management Division, erty Limited Tax Abatement Assistance Act transmitting, pursuant to law, a report rel- Office of Policy, Economics, and Innovation, of 2010’’; to the Committee on Homeland Se- ative to mileage reimbursement rates for Environmental Protection Agency, transmit- curity and Governmental Affairs. ting, pursuant to law, the report of a rule en- EC–206. A communication from the Chair- Federal employees who use privately owned titled ‘‘Approval and Promulgation of Air man of the Council of the District of Colum- vehicles while on official travel; to the Com- Quality Implementation Plans; Wisconsin; bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- The Milwaukee-Racine and Sheboygan on D.C. Act 18–615 ‘‘Randall School Disposi- mental Affairs. EC–216. A communication from the Direc- Areas; Determination of Attainment of the tion Restatement Act of 2010’’; to the Com- tor of Legislative Affairs, Office of the Direc- 1997 8-hour Ozone Standard; Withdrawal of mittee on Homeland Security and Govern- tor of National Intelligence, transmitting, Direct Final Rule’’ (FRL No. 9258–7) received mental Affairs. pursuant to law, a report relative to a nomi- in the Office of the President of the Senate EC–207. A communication from the Chair- nation in the position of Principal Deputy on January 25, 2011; to the Committee on En- man of the Council of the District of Colum- Director of National Intelligence; to the Se- vironment and Public Works. bia, transmitting, pursuant to law, a report EC–198. A communication from the Direc- on D.C. Act 18–616 ‘‘Cooperative Housing As- lect Committee on Intelligence. EC–217. A communication from the Sec- tor of Congressional Affairs, Nuclear Regu- sociation Economic Interest Recordation retary of the Interior, transmitting, pursu- latory Commission, transmitting, pursuant Tax Temporary Amendment Act of 2010’’; to ant to law, a report relative to an order that to law, the report of a rule entitled ‘‘Format the Committee on Homeland Security and would cancel construction debt assessed and Content of Plant-Specific Pressurized Governmental Affairs. against Indian-owned lands within the Flat- Thermal Shock Safety Analysis Reports for EC–208. A communication from the Chair- head Indian Irrigation Project; to the Com- Pressurized Water Reactors’’ (Regulatory man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report mittee on Indian Affairs. Guide 1.154) received during adjournment of EC–218. A communication from the Assist- on D.C. Act 18–617 ‘‘African American Civil the Senate in the Office of the President of ant Secretary of the Interior (Indian Af- War Memorial Freedom Foundation, Inc., Af- the Senate on January 19, 2011; to the Com- fairs), transmitting, pursuant to law, a re- rican-American Civil War Museum Approval mittee on Environment and Public Works. port entitled ‘‘Funding Requirements for EC–199. A communication from the Assist- Temporary Act of 2010’’; to the Committee Contract Support Costs of Self-Determina- ant Secretary for Fish and Wildlife Parks, on Homeland Security and Governmental Af- tion Contracts Fiscal Year 2009 Report’’; to National Wildlife Refuge Service, Depart- fairs. the Committee on Indian Affairs. EC–209. A communication from the Chair- ment of the Interior, transmitting, pursuant EC–219. A communication from the Deputy man of the Council of the District of Colum- to law, the report of a rule entitled ‘‘2010– General Counsel, Office of Government Con- bia, transmitting, pursuant to law, a report 2011 Refuge-Specific Hunting and Sport Fish- tracting, Small Business Administration, on D.C. Act 18–633 ‘‘Prevention of Child ing Regulations—Additions’’ (RIN1018-AX20) transmitting, pursuant to law, the report of Abuse and Neglect Amendment Act of 2010’’; as received during adjournment of the Sen- a rule entitled ‘‘Women-Owned Small Busi- to the Committee on Homeland Security and ate in the Office of the President of the Sen- ness Federal Contract Program’’ (RIN3245– Governmental Affairs. ate on January 7, 2011; to the Committee on AG06) received during adjournment of the EC–210. A communication from the Senior Environment and Public Works. Senate in the Office of the President of the EC–200. A communication from the Direc- Procurement Executive, Office of Acquisi- Senate on January 19, 2011; to the Com- tor of Congressional Affairs, Office of Nu- tion Policy, General Services Administra- mittee on Small Business and Entrepreneur- clear Reactor Regulations, Nuclear Regu- tion, transmitting, pursuant to law, the re- ship. latory Commission, transmitting, pursuant port of a rule entitled ‘‘Federal Acquisition EC–220. A communication from the Direc- to law, the report of a rule entitled ‘‘Notice Regulation; FAR Case 2009–027, Personal tor, Regulations Policy and Management, Of- of Availability of the Models for Plant-Spe- Identity Verification of Contractor Per- fice of the General Counsel, Department of cific Adoption of Technical Specifications sonnel’’ ((RIN9000–AL60)(FAC 2005–48)) re- Veterans Affairs, transmitting, pursuant to Task Force Traveler TSTF-513, Revision 3, ceived in the Office of the President of the law, the report of a rule entitled ‘‘VA Vet- ‘‘Revise PWR Operability Requirements and Senate on January 25, 2011; to the Com- eran-Owned Small Business Verification Actions for RCS Leakage Instrumentation’’ mittee on Homeland Security and Govern- Guidelines’’ (RIN2900–AM78) received during (NRC-2009-0444) received during adjournment mental Affairs. adjournment of Senate in the Office of the EC–211. A communication from the Senior of the Senate in the Office of the President President of the Senate on January 24, 2011; Procurement Executive, Office of Acquisi- of the Senate on January 7, 2011; to the Com- to the Committee on Veterans’ Affairs. mittee on Environment and Public Works. tion Policy, General Services Administra- EC–201. A communication from the Direc- tion, transmitting, pursuant to law, the re- f tor of Congressional Affairs, Nuclear Regu- port of a rule entitled ‘‘Federal Acquisition INTRODUCTION OF BILLS AND latory Commission, transmitting, pursuant Regulation; FAR Case 2009–031, Terminating JOINT RESOLUTIONS to law, the report of a rule entitled ‘‘Nuclear Contracts’’ ((RIN9000-AL56)(FAC 2005–48)) re- Critically Safety Standards for Fuels and ceived in the Office of the President of the The following bills and joint resolu- Materials Facilities’’ (Regulatory Guide 3.71, Senate on January 25, 2011; to the Com- tions were introduced, read the first

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.017 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S272 CONGRESSIONAL RECORD — SENATE January 26, 2011 and second times by unanimous con- care delivery system; to the Committee on S. 208. A bill to amend the Internal Rev- sent, and referred as indicated: Health, Education, Labor, and Pensions. enue Code of 1986 to extend the 100 percent By Mr. CASEY: exclusion for gain on certain small business By Mr. MCCAIN (for himself and Mr. S. 198. A bill to require the return and re- stock; to the Committee on Finance. KYL): distribution among State transportation de- By Mr. KIRK: S. 188. A bill to designate the United partments of certain unexpended highway S. 209. A bill to prohibit the use of funds to States courthouse under construction at 98 funding; to the Committee on Environment transfer individuals detained by the United West First Street, Yuma, Arizona, as the and Public Works. States at Naval Station, Guantanamo Bay, ‘‘John M. Roll United States Courthouse’’; to By Mr. CASEY: Cuba, and certain other enemy belligerents the Committee on Environment and Public S. 199. A bill to require the obligation of to the United States; to the Committee on Works. certain highway funding within a 3-year pe- Armed Services. By Mr. MORAN (for himself, Ms. CANT- riod; to the Committee on Environment and By Mr. COBURN (for himself and Mr. WELL, Mr. ROBERTS, Mrs. MURRAY, Public Works. WARNER): Mr. BLUNT, Mrs. MCCASKILL, and Mr. By Mr. SCHUMER: S. 210. A bill to amend title 44, United GRAHAM): S. 200. A bill for the relief of Alemseghed States Code, to eliminate the mandatory S. 189. A bill to require the Secretary of Mussie Tesfamical; to the Committee on the printing of bills and resolutions for the use Defense, in awarding a contract for the KC– Judiciary. of offices of Members of Congress; to the X Aerial Refueling Aircraft Program, to con- By Mr. MCCAIN (for himself and Mr. Committee on Rules and Administration. sider any unfair competitive advantage that KYL): By Mr. HATCH (for himself, Mr. an offeror may possess; to the Committee on S. 201. A bill to clarify the jurisdiction of CORNYN, Mr. CRAPO, Mr. INHOFE, Mr. Armed Services. the Secretary of the Interior with respect to MCCAIN, Mr. GRASSLEY, Mr. ROBERTS, By Mrs. HUTCHISON: the C.C. Cragin Dam and Reservoir, and for Mr. LUGAR, Mr. BURR, Ms. SNOWE, S. 190. A bill to amend title 23, United other purposes; to the Committee on Energy Mr. ENSIGN, Mr. ISAKSON, Mr. States Code, to prohibit the imposition of and Natural Resources. BARRASSO, Mr. JOHANNS, Mr. new tolls on the Federal-aid system, and for By Mr. PAUL (for himself, Mr. DEMINT, CHAMBLISS, Ms. AYOTTE, Mr. other purposes; to the Committee on Envi- and Mr. VITTER): PORTMAN, Mr. BLUNT, Mr. HOEVEN, ronment and Public Works. S. 202. A bill to require a full audit of the and Mr. KIRK): By Mr. LIEBERMAN (for himself and Board of Governors of the Federal Reserve S.J. Res. 3. A joint resolution proposing an Ms. COLLINS): System and the Federal reserve banks by the amendment to the Constitution of the S. 191. A bill to direct the Department of Comptroller General of the United States be- United States relative to balancing the budg- Homeland Security to undertake a study on fore the end of 2012, and for other purposes; et; to the Committee on the Judiciary. emergency communications; to the Com- to the Committee on Banking, Housing, and f mittee on Homeland Security and Govern- Urban Affairs. mental Affairs. By Mr. BEGICH: SUBMISSION OF CONCURRENT AND By Mr. DEMINT (for himself, Ms. S. 203. A bill to direct the Administrator of SENATE RESOLUTIONS AYOTTE, Mr. BARRASSO, Mr. BLUNT, the National Oceanic and Atmospheric Ad- Mr. BOOZMAN, Mr. BROWN of Massa- ministration to institute research into the The following concurrent resolutions chusetts, Mr. BURR, Mr. CHAMBLISS, special circumstances associated with oil and Senate resolutions were read, and Mr. COATS, Mr. COBURN, Mr. CORKER, spill prevention and response in Arctic wa- referred (or acted upon), as indicated: Mr. CORNYN, Mr. CRAPO, Mr. ENSIGN, ters, including assessment of impacts on By Mr. NELSON of Florida (for him- Mr. GRAHAM, Mr. HATCH, Mrs. Arctic marine mammals and other wildlife, self, Mr. KERRY, Mrs. FEINSTEIN, Mrs. HUTCHISON, Mr. INHOFE, Mr. ISAKSON, marine debris research and removal, and risk GILLIBRAND, Mr. CASEY, Mr. LAUTEN- Mr. JOHANNS, Mr. JOHNSON of Wis- assessment, and for other purposes; to the BERG, Mr. LUGAR, Mr. CORKER, Mr. consin, Mr. KYL, Mr. LEE, Mr. Committee on Commerce, Science, and MENENDEZ, Mr. RUBIO, and Ms. MCCAIN, Mr. MCCONNELL, Mr. MORAN, Transportation. LANDRIEU): Mr. PAUL, Mr. PORTMAN, Mr. RISCH, By Mr. BEGICH: S. Res. 26. A resolution recognizing the an- Mr. ROBERTS, Mr. RUBIO, Mr. SES- S. 204. A bill to amend the Oil Pollution niversary of the tragic earthquake in Haiti SIONS, Mr. SHELBY, Mr. THUNE, Mr. Act of 1990 to permit funds in the Oil Spill on January 12, 2010, honoring those who lost TOOMEY, Mr. VITTER, Mr. WICKER, Mr. Liability Trust to be used by the National their lives in that earthquake, and express- KIRK, Ms. SNOWE, and Mr. ENZI): Oceanic and Atmospheric Administration, ing continued solidarity with the Haitian S. 192. A bill to repeal the job—killing the Coast Guard, and other Federal agencies people; considered and agreed to. health care law and health care-related pro- for certain research, prevention, and re- By Mr. WEBB: visions in the Health Care and Education sponse capabilities with respect to dis- S. Res. 27. A resolution designating Janu- Reconciliation Act of 2010; read the first charges of oil, for environmental studies, and ary 26, 2011, as ‘‘National Kawasaki Disease time. for grant programs to communities affected Awareness Day’’; to the Committee on the By Mr. LEAHY: by oil spills on the outer Continental Shelf, Judiciary. S. 193. A bill to extend the sunset of cer- and to provide funding for such uses and for By Mr. SCHUMER: tain provisions of the USA PATRIOT Act, other purposes; to the Committee on Fi- S. Con. Res. 4. A concurrent resolution ex- and for other purposes; to the Committee on nance. pressing the sense of Congress that an appro- the Judiciary. By Mr. BEGICH: priate site on Chaplains Hill in Arlington By Mr. MCCONNELL (for himself, Mr. S. 205. A bill to amend the Outer Conti- National Cemetery should be provided for a COBURN, and Mr. JOHANNS): nental Shelf Lands Act to require that oil memorial marker to honor the memory of S. 194. A bill to reduce Federal spending produced from Federal leases in certain Arc- the Jewish chaplains who died while on ac- and the deficit by terminating taxpayer fi- tic waters be transported by pipeline to on- tive duty in the Armed Forces of the United nancing of presidential election campaigns shore facilities and to provide for the sharing States; to the Committee on Veterans’ Af- and party conventions; to the Committee on of certain outer Continental Shelf revenues fairs. Finance. from areas in the Alaska Adjacent Zone; to f By Mr. REID of Nevada (for Mr. ROCKE- the Committee on Energy and Natural Re- FELLER (for himself, Mr. CORNYN, Mr. sources. ADDITIONAL COSPONSORS KOHL, and Ms. SNOWE)): By Mr. LIEBERMAN (for himself, Ms. S. 1 S. 195. A bill to reinstate Federal matching COLLINS, Mrs. FEINSTEIN, Mr. ALEX- of State spending of child support incentive ANDER, and Mr. ENSIGN): At the request of Mr. REID, the name payments; to the Committee on Finance. S. 206. A bill to reauthorize the DC Oppor- of the Senator from Oregon (Mr. By Mr. GRASSLEY: tunity Scholarship Program, and for other WYDEN) was added as a cosponsor of S. S. 196. A bill to amend the Patient Protec- purposes; to the Committee on Homeland Se- 1, a bill to strengthen the economic tion and Affordable Care Act to provide for curity and Governmental Affairs. competitiveness of the United States. participation in the Exchange of the Presi- By Mr. KOHL (for himself, Mrs. FEIN- S. 7 dent, Vice President, Members of Congress, STEIN, Mr. DURBIN, Mr. LEAHY, Mr. political appointees, and congressional staff; REID of Nevada, Mr. LAUTENBERG, At the request of Mr. REID, the name to the Committee on Homeland Security and Mrs. BOXER, Mr. WHITEHOUSE, and of the Senator from Oregon (Mr. Governmental Affairs. Ms. KLOBUCHAR): WYDEN) was added as a cosponsor of S. By Mr. ENSIGN (for himself, Mr. S. 207. A bill to amend the Omnibus Crime 7, a bill to reform the Federal tax code. INHOFE, Mr. VITTER, Mr. BURR, Mr. Control and Safe Streets Act of 1968 to en- S. 18 CORNYN, and Mr. ALEXANDER): hance the COPS ON THE BEAT grant pro- S. 197. A bill to improve patient access to gram, and for other purposes; to the Com- At the request of Mr. JOHANNS, the health care services and provide improved mittee on the Judiciary. names of the Senator from Kentucky medical care by reducing the excessive bur- By Mr. KERRY (for himself and Ms. (Mr. PAUL) and the Senator from Mis- den the liability system places on the health SNOWE): sissippi (Mr. COCHRAN) were added as

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.019 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S273 cosponsors of S. 18, a bill to repeal the (Mr. BLUMENTHAL) was added as a co- STATEMENTS ON INTRODUCED expansion of information reporting re- sponsor of S. 72, a bill to repeal the ex- BILLS AND JOINT RESOLUTIONS quirements for payments of $600 or pansion of information reporting re- By Mr. MCCAIN (for himself and more to corporations and for other pur- quirements for payments of $600 or Mr. KYL): poses. more to corporations, and for other S. 188. A bill to designate the United S. 19 purposes. States courthouse under construction At the request of Mr. HATCH, the S. 75 at 98 West First Street, Yuma, Arizona, name of the Senator from Mississippi At the request of Mr. KOHL, the name as the ‘‘John M. Roll United States (Mr. COCHRAN) was added as a cospon- of the Senator from New York (Mr. Courthouse’’; to the Committee on En- sor of S. 19, a bill to restore American’s SCHUMER) was added as a cosponsor of vironment and Public Works. individual liberty by striking the Fed- S. 75, a bill to restore the rule that Mr. MCCAIN. Mr. President, I wish to eral mandate to purchase insurance. agreements between manufacturers introduce legislation to name the S. 20 and retailers, distributors, or whole- United States courthouse in Yuma, AZ, At the request of Mr. HATCH, the salers to set the minimum price below the John M. Roll United States Court- name of the Senator from Mississippi which the manufacturer’s product or house. Is that legislation at the desk? (Mr. COCHRAN) was added as a cospon- service cannot be sold violates the The ACTING PRESIDENT pro tem- sor of S. 20, a bill to protect American Sherman Act. pore. The bill will be received. job creation by striking the job-killing S. 81 Mr. MCCAIN. Madam President, I am Federal employer mandate. At the request of Mr. ISAKSON, the pleased to introduce legislation, along S. 21 names of the Senator from Georgia with Senator KYL, that would des- At the request of Mr. REID, the name (Mr. CHAMBLISS) and the Senator from ignate the soon-to-be-constructed Fed- of the Senator from New York (Mrs. Florida (Mr. RUBIO) were added as co- eral courthouse in Yuma, AZ, to be GILLIBRAND) was added as a cosponsor sponsors of S. 81, a bill to direct unused named in honor of Chief Judge John of S. 21, a bill to secure the United appropriations for Senate Official Per- Roll, who died tragically during the States against cyber attack, to en- sonnel and Office Expense Accounts to senseless act of violence against Con- hance American competitiveness and be deposited in the Treasury and used gresswoman GIFFORDS and other Arizo- create jobs in the information tech- for deficit reduction or to reduce the nans in Tucson earlier this month. I nology industry, and to protect the Federal debt. had the distinct privilege of knowing identities and sensitive information of American citizens and businesses. S. 167 and working with Chief Judge Roll for At the request of Mr. ENSIGN, the many years. In fact, it was my honor to S. 32 names of the Senator from Georgia recommend him to President George At the request of Mr. LAUTENBERG, (Mr. CHAMBLISS) and the Senator from Herbert Walker Bush for nomination to the name of the Senator from New Mississippi (Mr. COCHRAN) were added the Federal bench in 1991. He served York (Mrs. GILLIBRAND) was added as a with distinction. Most recently, Judge cosponsor of S. 32, a bill to prohibit the as cosponsors of S. 167, a bill to amend transfer or possession of large capacity title 18, United States Code, to prohibit Roll became known by so many in the ammunition feeding devices, and for taking minors across State lines in cir- State of Arizona, the Judicial Con- other purposes. cumvention of laws requiring the in- ference, and many in Congress as a volvement of parents in abortion deci- tireless advocate for the plaintiffs, de- S. 34 sions. fendants, and judges in Arizona by At the request of Mr. LAUTENBERG, working to secure additional funding the name of the Senator from New S. RES. 10 and resources to assist the court in its York (Mrs. GILLIBRAND) was added as a At the request of Mr. UDALL of New cosponsor of S. 34, a bill to increase Mexico, the name of the Senator from heavy caseload. public safety by permitting the Attor- Colorado (Mr. BENNET) was added as a The morning of the shooting, Judge ney General to deny the transfer of cosponsor of S. Res. 10, a resolution to Roll was in line to speak to Congress- firearms or the issuance of firearms improve the debate and consideration woman GIFFORDS, who was also a and explosives licenses to known or of legislative matters and nominations friend, about his efforts to have the suspected dangerous terrorists. in the Senate. Ninth Circuit declared a judicial emer- gency in the District of Arizona. He S. 35 S. RES. 20 died doing what he did each and every At the request of Mr. LAUTENBERG, At the request of Mr. JOHANNS, the the name of the Senator from New names of the Senator from South Da- day: working to guarantee the Federal courts in our State were capable of York (Mrs. GILLIBRAND) was added as a kota (Mr. THUNE) and the Senator from cosponsor of S. 35, a bill to establish Idaho (Mr. CRAPO) were added as co- handling the growing caseload, while background check procedures for gun sponsors of S. Res. 20, a resolution ex- ensuring swift justice for all. shows. pressing the sense of the Senate that Judge Roll exemplified the qualities all Presidents should seek in can- S. 44 the United States should immediately didates for the Federal bench: intel- At the request of Ms. KLOBUCHAR, the approve the United States-Korea Free name of the Senator from Connecticut Trade Agreement, the United States- ligence, humility, integrity, and fidel- ity to the law. He embodied all these (Mr. BLUMENTHAL) was added as a co- Colombia Trade Promotion Agreement, sponsor of S. 44, a bill to amend part D and the United States-Panama Trade qualities and many more. Additionally, of title XVIII of the Social Security Promotion Agreement. he was known as a kind neighbor, a dedicated father and husband, and a Act to require the Secretary of Health S. RES. 21 and Human Services to negotiate cov- At the request of Mr. MERKLEY, the loyal friend. He will now be known also ered part D drug prices on behalf of names of the Senator from Rhode Is- as a hero. The Arizona Daily Star reported on Medicare beneficiaries. land (Mr. WHITEHOUSE), the Senator January 20, 2011: S. 49 from West Virginia (Mr. ROCKEFELLER), At the request of Mr. KOHL, the name the Senator from Illinois (Mr. DURBIN), Surveillance footage of the January 8 of the Senator from New York (Mr. the Senator from Connecticut (Mr. shooting campaign in Tucson showed that Judge Roll used his body as a shield to cover SCHUMER) was added as a cosponsor of LIEBERMAN), the Senator from Vermont the wounded Ron Barber. Roll then took a S. 49, a bill to amend the Federal anti- (Mr. SANDERS), the Senator from New bullet to the back and lost his life in the trust laws to provide expanded cov- Hampshire (Mrs. SHAHEEN), the Sen- process. erage and to eliminate exemptions ator from Pennsylvania (Mr. CASEY), ‘‘The judge is a hero,’’ Pima County sher- from such laws that are contrary to the the Senator from Iowa (Mr. HARKIN) iff’s Bureau Chief Rick Kastigar said. public interest with respect to rail- and the Senator from New York (Mrs. The article states that the suspected roads. GILLIBRAND) were added as cosponsors gunman: S. 72 of S. Res. 21, a resolution to amend the . . . shot Barber, Giffords’ district director. At the request of Mr. BAUCUS, the Standing Rules of the Senate to pro- Almost simultaneously, Roll moved Barber name of the Senator from Connecticut vide procedures for extended debate. toward the ground and both crawled beneath

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.021 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S274 CONGRESSIONAL RECORD — SENATE January 26, 2011 a table, Kastigar said. Roll then got on top of staff with whom he had just been dis- by implementing parts of the bill ad- Barber. cussing the need to designate the need ministratively. The reforms adopted by ‘‘Judge Roll is responsible for directing Mr. for more judges as a judicial emer- this Attorney General could be undone Barber out of the line of fire and helped save gency. by a future Attorney General with the his life,’’ Kastigar said. We are eternally grateful for his stroke of a pen. We must ensure that Barber told the Arizona Daily Star: many years of public service. I believe the progress in accountability and That just gives me more admiration for naming the courthouse in his honor be- transparency that we achieved last the judge than I ever had. . . . John Roll was fits the rich legacy he leaves behind. year is not lost simply because it was a dear, dear man. I urge my colleagues to support this never written into the statute. Barber and Judge Roll had been legislation in honor of my friend Judge Third, we must enact the parts of the friends for many years, dating back to John Roll. bill that the Attorney General did not their days as college students at the or could not adopt because they require University of Arizona. Most recently, By Mr. LEAHY: a change in the statute. Chief among they worked together with the Arizona S. 193. A bill to extend the sunset of these is adding a new sunset on Na- congressional delegation to secure certain provisions of the USA PA- tional Security Letters. Second is re- funding for a new Federal courthouse TRIOT Act, and for other purposes; to pealing the presumption in favor of the in Yuma, AZ, to alleviate the conges- the Committee on the Judiciary. government that a judge must honor tion at the Tucson Federal courthouse. Mr. LEAHY. Mr. President, Congress when he or she reviews an application In fact, Judge Roll had just reviewed now faces a deadline to take action on for a section 215 order for business the architectural drawings of the new the expiring provisions of the USA PA- records. The government does not need courthouse weeks before his death and TRIOT Act. The bill I introduce today, this presumption. In fact, the Attorney told my office he was very pleased with the USA PATRIOT Act Sunset Exten- General endorsed the repeal of the pre- the design. sion Act of 2011, will preserve law en- sumption when he expressed his sup- It is the hope of myself and Senator forcement techniques that are set to port for the bill in the prior Congress. KYL and every Member of the Arizona expire on February 28, 2011, and extend When this bill was considered by the delegation that the architectural de- them to December 2013. This bill will Judiciary Committee in the 111th Con- signs will soon include the name of also promote transparency and expand gress, it received a bipartisan vote. Chief Judge John Roll prominently on privacy and civil liberties safeguards in Members of the committee agreed to the building. This esteemed jurist, current law. It increases judicial over- continue discussions over a handful of friend, and hero deserves this honor sight of government surveillance pow- provisions to ensure that the final lan- and much more. Our State has lost a ers that capture information on Ameri- guage promoted transparency, pro- good man, a true and able advocate for cans. This is a package of reforms that tected civil liberties, and aided law en- justice for all, and a great Arizonan. all Americans should support. In fact, a forcement. I appreciate the votes of For this reason, I ask my fellow Sen- bipartisan group of Senators on the Ju- Senators KYL and CORNYN in favor of ators to join me in passing this legisla- diciary Committee voted in favor of it the reported bill. In the weeks fol- tion to allow the new Yuma Federal in the last Congress. lowing the 2009 markup, this bipartisan courthouse to be proudly known as the In the 111th Congress, the Judiciary group of Senators worked closely with John M. Roll United States Court- Committee reported virtually identical me and Senator FEINSTEIN to reach an house. legislation, S. 1692, with bipartisan agreement on language that each Sen- Mr. KYL. Mr. President, my State support, including the votes of Sen- ator supported, and that the Depart- has lost an outstanding jurist, a true ators KYL and CORNYN. Subsequent ne- ment of Justice endorsed. In a letter and able public servant, and a great Ar- gotiations produced a package that was dated November 9, 2009, the Attorney izonan in Judge John M. Roll. In his endorsed by the Attorney General and General strongly endorsed the bill and honor, my Arizona colleague, Senator the Director of National Intelligence. stated unequivocally that the bill did MCCAIN, and I propose naming the Because Congress did not act on that not pose any operational concerns. soon-to-be constructed Yuma Federal negotiated package of reforms, but in- That support was reaffirmed in a letter courthouse the ‘‘Judge John M. Roll stead passed an extension of the expir- from the Attorney General and the Di- United States Courthouse.’’ ing authorities until February 28, 2011, rector of National Intelligence to Sen- Judge John Roll was the top pro- I took steps to see that key portions of ate and House leadership on February ponent for the addition of a new court- the package were implemented admin- 19, 2010. house in Yuma, which is intended to istratively by the Department of Jus- The bill I introduce today is virtually help deal with the vast number of Fed- tice. identical to the product of those nego- eral cases in the underserved Yuma Even with this progress, enacting the tiations. It includes only two non- sector. He was involved in nearly every USA PATRIOT Act Sunset Extension controversial updates. First, the new aspect of its approval, working tire- Act of 2011 remains imperative for sev- bill updates the deadlines by which the lessly to overcome the many obstacles eral reasons. First, surveillance au- Department of Justice must issue pub- that arose during the process and thorities are set to expire in a matter lic reports. This modification simply spending countless hours poring over of weeks. We should not play politics reflects the fact that more than 1 year designs and meeting with architects with national security by delaying de- has passed since the original dates and contractors. Without Judge Roll’s bate over these issues until the 11th were written into the bill. Second, the energy and enthusiasm the project may hour. I am prepared to extend the sun- section of the bill that previously re- not have been accomplished. sets on the three expiring provisions to quired the Department of Justice to es- We name special places after special December 2013, the same sunset date I tablish minimization procedures for people not just to thank them, al- included in S.1692RS, the bill I intro- National Security Letters is redrafted though we do, but to honor the quali- duced in the 111th Congress. Earlier to reflect that fact that the Depart- ties that make them exceptional and this month, a bill was introduced in ment adopted such procedures in Octo- distinct. the House of Representatives to extend ber 2010. Otherwise, this bill is the I had the privilege and honor of the expiring provisions only until Feb- same in substance as that which was working with Judge John Roll for ruary 2012, an expiration date chosen supported by a bipartisan majority of many years. He was known for his fair- deliberately to try to force a debate the Senate Judiciary Committee in ness to all who appeared in his court- over national security in an election 2009. room, both plaintiffs and defendants. year. My bill sets a longer sunset pe- We must move quickly, in advance of As chief judge, he was a vigorous advo- riod, which law enforcement strongly the looming deadline, to pass this bi- cate, working to guarantee the Federal favors. partisan package. We can preserve the courts in Arizona were capable of hand- Second, the Senate should pass the authorities currently in place, which ing their extraordinary caseload. In USA PATRIOT Act Sunset Extension give law enforcement the tools it needs fact, he died protecting the life of a Act of 2011 to codify the steps forward to protect national security. And we member of Representative GIFFORD’s that the Attorney General has taken can ensure that inspectors general, the

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.009 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S275 Congress, and the public maintain vigi- added by subsection (a), is repealed effective SEC. 3. ORDERS FOR ACCESS TO CERTAIN BUSI- lant oversight of the government, mak- December 31, 2013. NESS RECORDS AND TANGIBLE THINGS. ‘‘(2) TRANSITION PROVISION.—Notwith- ing sure these authorities are used (a) IN GENERAL.—Section 501 of the Foreign standing paragraph (1), subparagraph (C) of properly and within Constitutional Intelligence Surveillance Act of 1978 (50 bounds. I urge all Senators to support section 101(b)(1) of the Foreign Intelligence U.S.C. 1861) is amended— the USA PATRIOT Act Sunset Exten- Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) (1) in the section heading, by inserting shall continue to apply on and after Decem- sion Act of 2011. ‘‘AND OTHER TANGIBLE THINGS’’ after ber 31, 2013, with respect to any particular ‘‘CERTAIN BUSINESS RECORDS’’; Mr. President, I ask unanimous con- foreign intelligence investigation or with re- sent that the text of the bill be printed (2) in subsection (b)(2)— spect to any particular offense or potential (A) in subparagraph (A)— in the RECORD. offense that began or occurred before Decem- (i) by striking ‘‘a statement of facts show- There being no objection, the text of ber 31, 2013.’’. ing’’ and inserting ‘‘a statement of the facts the bill was ordered to be printed in (2) CONFORMING AMENDMENT.— and circumstances relied upon by the appli- the RECORD, as follows: (A) IN GENERAL.—Section 601(a)(2) of the cant to justify the belief of the applicant’’; S. 193 Foreign Intelligence Surveillance Act of 1978 and (ii) by striking ‘‘clandestine intelligence Be it enacted by the Senate and House of Rep- (50 U.S.C. 1871(a)(2)) is amended by striking activities,’’ and all that follows and insert- resentatives of the United States of America in the semicolon at the end and inserting ‘‘pur- ing ‘‘clandestine intelligence activities;’’; Congress assembled, suant to subsection (b)(2) of section 6001 of the Intelligence Reform and Terrorism Pre- and SECTION 1. SHORT TITLE. (B) by striking subparagraph (B) and in- This Act may be cited as the ‘‘USA PA- vention Act of 2004 (Public Law 108–458; 50 U.S.C. 1801 note);’’. serting the following: TRIOT Act Sunset Extension Act of 2011’’. ‘‘(B) if the records sought are the circula- (B) EFFECTIVE DATE.—The amendment SEC. 2. SUNSETS. tion records or patron lists of a library (as made by subparagraph (A) shall take effect (a) SECTIONS 206 AND 215 SUNSET.— defined in section 213(1) of the Library Serv- on December 31, 2013. (1) IN GENERAL.—Section 102(b)(1) of the ices and Technology Act (20 U.S.C. 9122(1)), a USA PATRIOT Improvement and Reauthor- (c) NATIONAL SECURITY LETTERS.— statement of facts showing that there are ization Act of 2005 (Public Law 109–177; 50 (1) REPEAL.—Effective on December 31, reasonable grounds to believe that the U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 2013— records sought— U.S.C. 1862 note) is amended by striking (A) section 2709 of title 18, United States ‘‘(i) are relevant to an authorized inves- ‘‘February, 28, 2011’’ and inserting ‘‘ Decem- Code, is amended to read as such provision tigation (other than a threat assessment) ber 31, 2013’’. read on October 25, 2001; conducted in accordance with subsection (2) CONFORMING AMENDMENTS.— (B) section 1114(a)(5) of the Right to Finan- (a)(2) to obtain foreign intelligence informa- (A) IN GENERAL.—The Foreign Intelligence cial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) tion not concerning a United States person Surveillance Act of 1978 (50 U.S.C. 1801 et is amended to read as such provision read on or to protect against international terrorism seq.), as amended by section 3 of this Act, is October 25, 2001; or clandestine intelligence activities; and amended— ‘‘(ii)(I) pertain to a foreign power or an (C) subsections (a) and (b) of section 626 of (i) in the table of contents in the first sec- agent of a foreign power; the Fair Credit Reporting Act (15 U.S.C. tion, by striking the items relating to title V ‘‘(II) are relevant to the activities of a sus- 1681u) are amended to read as subsections (a) and sections 501, 502, and 503 and inserting pected agent of a foreign power who is the the following: and (b), respectively, of the second of the 2 subject of such authorized investigation; or sections designated as section 624 of such Act ‘‘TITLE V—ACCESS TO CERTAIN BUSI- ‘‘(III) pertain to an individual in contact (15 U.S.C. 1681u) (relating to disclosure to the NESS RECORDS FOR FOREIGN INTEL- with, or known to, a suspected agent of a for- LIGENCE PURPOSES Federal Bureau of Investigation for counter- eign power; and intelligence purposes), as added by section ‘‘Sec. 501. Definitions. ‘‘(C) a statement of proposed minimization 601 of the Intelligence Authorization Act for ‘‘Sec. 502. Access to certain business records procedures.’’; and Fiscal Year 1996 (Public Law 104–93; 109 Stat. for foreign intelligence and (3) in subsection (c)(1)— 974), read on October 25, 2001; international terrorism inves- (A) by inserting ‘‘and that the proposed tigations.’’; (D) section 627 of the Fair Credit Reporting minimization procedures meet the definition Act (15 U.S.C. 1681v) is repealed; and of minimization procedures under subsection (ii) in title V (50 U.S.C. 1861 et seq.)— (E) section 802 of the National Security (g)’’ after ‘‘subsections (a) and (b)’’; (I) in the title heading, by striking ‘‘AND Act of 1947 (50 U.S.C. 436) is amended to read (B) by inserting ‘‘, and directing that the OTHER TANGIBLE THINGS’’; and as such provision read on October 25, 2001. minimization procedures be followed’’ after (II) by striking section 503; and ‘‘release of tangible things’’; and (iii) in section 601(a)(1)(D) (50 U.S.C. (2) TRANSITION PROVISION.—Notwith- standing paragraph (1), the provisions of law (C) by striking the second sentence. 1871(a)(1)(D)), by striking ‘‘section 501;’’ and (b) TRANSITION PROCEDURES.—Notwith- referred to in paragraph (1), as in effect on inserting ‘‘section 502 or under section 501 standing the amendments made by this Act, December 30, 2013, shall continue to apply on pursuant to section 102(b)(2) of the USA PA- an order entered under section 501(c)(1) of TRIOT Improvement and Reauthorization and after December 31, 2013, with respect to the Foreign Intelligence Surveillance Act of Act of 2005 (Public Law 109–177; 50 U.S.C. 1861 any particular foreign intelligence investiga- 1978 (50 U.S.C. 1861(c)(1)) that is in effect on note);’’. tion or with respect to any particular offense the effective date of the amendments made (B) APPLICATION UNDER SECTION 404 OF THE or potential offense that began or occurred by this section shall remain in effect until FISA AMENDMENTS ACT OF 2008.—Section before December 31, 2013. the expiration of the order. 404(b)(4)(A) of the FISA Amendments Act of (3) TECHNICAL AND CONFORMING AMEND- (c) TECHNICAL AND CONFORMING AMEND- 2008 (Public Law 110–261; 122 Stat. 2477) is MENTS.—Effective December 31, 2013— MENTS.— amended by striking the period at the end (A) section 3511 of title 18, United States (1) DEFINITIONS.—Title V of the Foreign In- and inserting ‘‘, except that paragraph (1)(D) Code, is amended— telligence Surveillance Act of 1978 (50 U.S.C. of such section 601(a) shall be applied as if it (i) in subsections (a), (c), and (d), by strik- 1861 et seq.) is amended by adding at the end read as follows: ing ‘‘or 627(a)’’ each place it appears; and the following: ‘‘ ‘(D) access to records under section 502 or (ii) in subsection (b)(1)(A), as amended by ‘‘SEC. 503. DEFINITIONS. under section 501 pursuant to section section 6(b) of this Act, by striking ‘‘section ‘‘In this title, the terms ‘Attorney Gen- 102(b)(2) of the USA PATRIOT Improvement 626 or 627 of the Fair Credit Reporting Act (15 eral’, ‘foreign intelligence information’, and Reauthorization Act of 2005 (Public Law ‘international terrorism’, ‘person’, ‘United U.S.C. 1681u and 1681v)’’ and inserting ‘‘sec- 109–177; 50 U.S.C. 1861 note);’.’’. States’, and ‘United States person’ have the tion 626 of the Fair Credit Reporting Act (15 (C) EFFECTIVE DATE.—The amendments meanings given such terms in section 101.’’. U.S.C. 1681u)’’; made by this paragraph shall take effect on (2) TITLE HEADING.—Title V of the Foreign December 31, 2013. (B) section 118(c) of the USA PATRIOT Im- Intelligence Surveillance Act of 1978 (50 provement and Reauthorization Act of 2005 (b) INDIVIDUAL TERRORISTS AS AGENTS OF U.S.C. 1861 et seq.) is amended in the title FOREIGN POWERS.— (18 U.S.C. 3511 note) is amended— heading by inserting ‘‘AND OTHER TAN- (1) EXTENSION OF SUNSET.—Section 6001(b) (i) in subparagraph (C), by adding ‘‘and’’ at GIBLE THINGS’’ after ‘‘CERTAIN BUSI- of the Intelligence Reform and Terrorism the end; NESS RECORDS’’. Prevention Act of 2004 (Public Law 108–458; 50 (ii) in subparagraph (D), by striking ‘‘; (3) TABLE OF CONTENTS.—The table of con- U.S.C. 1801 note) is amended to read as fol- and’’ and inserting a period; and tents in the first section of the Foreign In- lows: (iii) by striking subparagraph (E); and telligence Surveillance Act of 1978 (50 U.S.C. ‘‘(b) SUNSET.— (C) the table of sections for the Fair Credit 1801 et seq.) is amended— ‘‘(1) REPEAL.—Subparagraph (C) of section Reporting Act (15 U.S.C. 1681 et seq.) is (A) by striking the items relating to title 101(b)(1) of the Foreign Intelligence Surveil- amended by striking the item relating to V and section 501 and inserting the fol- lance Act of 1978 (50 U.S.C. 1801(b)(1)), as section 627. lowing:

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G26JA6.016 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S276 CONGRESSIONAL RECORD — SENATE January 26, 2011 ‘‘TITLE V—ACCESS TO CERTAIN BUSI- ance with any applicable minimization pro- ‘‘(iii) other persons as permitted by the Di- NESS RECORDS AND OTHER TANGIBLE cedures by reviewing the circumstances rector of the Federal Bureau of Investigation THINGS FOR FOREIGN INTELLIGENCE under which information concerning United or the designee of the Director. PURPOSES States persons was retained or dissemi- ‘‘(B) PERSONS NECESSARY FOR COMPLI- ‘‘Sec. 501. Access to certain business records nated.’’. ANCE.—Upon a request by the Director of the and other tangible things for (3) EMERGENCIES.—Section 403 of the For- Federal Bureau of Investigation or the des- foreign intelligence purposes eign Intelligence Surveillance Act of 1978 (50 ignee of the Director, those persons to whom and international terrorism in- U.S.C. 1843) is amended— disclosure will be made under subparagraph vestigations.’’; and (A) by redesignating subsection (c) as sub- (A)(i) or to whom such disclosure was made section (d); and before the request shall be identified to the (B) by inserting after the item relating to (B) by inserting after subsection (b) the Director or the designee. section 502 the following: following: ‘‘(C) NONDISCLOSURE REQUIREMENT.—A per- ‘‘Sec. 503. Definitions.’’. ‘‘(c) If the Attorney General authorizes the son to whom disclosure is made under sub- SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP emergency installation and use of a pen reg- paragraph (A) shall be subject to the non- AND TRACE DEVICES FOR FOREIGN ister or trap and trace device under this sec- disclosure requirements applicable to a per- INTELLIGENCE PURPOSES. tion, the Attorney General shall require that son to whom a request is issued under sub- (a) APPLICATION.—Section 402(c) of the For- minimization procedures be followed, if ap- section (a) in the same manner as the person eign Intelligence Surveillance Act of 1978 (50 propriate.’’. to whom the request is issued. U.S.C. 1842(c)) is amended— (4) USE OF INFORMATION.—Section 405(a)(1) ‘‘(D) NOTICE.—Any recipient that discloses (1) in paragraph (1), by striking ‘‘and’’ at of the Foreign Intelligence Surveillance Act to a person described in subparagraph (A) in- the end; of 1978 (50 U.S.C. 1845(a)(1)) is amended by formation otherwise subject to a nondisclo- (2) in paragraph (2)— striking ‘‘provisions of this section’’ and in- sure requirement shall inform the person of (A) by striking ‘‘a certification by the ap- serting ‘‘minimization procedures required the applicable nondisclosure requirement. plicant’’ and inserting ‘‘a statement of the under this title’’. ‘‘(3) RIGHT TO JUDICIAL REVIEW.— facts and circumstances relied upon by the (c) TRANSITION PROCEDURES.— ‘‘(A) IN GENERAL.—A wire or electronic applicant to justify the belief of the appli- (1) ORDERS IN EFFECT.—Notwithstanding communications service provider that re- cant’’; and the amendments made by this Act, an order ceives a request under subsection (a) shall (B) by striking the period at the end and entered under section 402(d)(1) of the Foreign have the right to judicial review of any ap- inserting ‘‘; and’’; and Intelligence Surveillance Act of 1978 (50 plicable nondisclosure requirement. (3) by adding at the end the following: U.S.C. 1842(d)(1)) that is in effect on the ef- ‘‘(B) NOTIFICATION.—A request under sub- ‘‘(3) a statement of whether minimization fective date of the amendments made by this section (a) shall state that if the recipient procedures are being proposed and, if so, a section shall remain in effect until the expi- wishes to have a court review a nondisclo- statement of the proposed minimization pro- ration of the order. sure requirement, the recipient shall notify cedures.’’. (2) EXTENSIONS.—A request for an exten- the Government. (b) MINIMIZATION.— sion of an order referred to in paragraph (1) ‘‘(C) INITIATION OF PROCEEDINGS.—If a re- (1) DEFINITION.—Section 401 of the Foreign shall be subject to the requirements of the cipient of a request under subsection (a) Intelligence Surveillance Act of 1978 (50 Foreign Intelligence Surveillance Act of 1978 makes a notification under subparagraph U.S.C. 1841) is amended by adding at the end (50 U.S.C. 1801 et seq.), as amended by this (B), the Government shall initiate judicial the following: Act. review under the procedures established in ‘‘(4) The term ‘minimization procedures’ SEC. 5. LIMITATIONS ON DISCLOSURE OF NA- section 3511 of this title, unless an appro- means— TIONAL SECURITY LETTERS. priate official of the Federal Bureau of the ‘‘(A) specific procedures, that are reason- (a) IN GENERAL.—Section 2709 of title 18, Investigation makes a notification under ably designed in light of the purpose and United States Code, is amended by striking paragraph (4). technique of an order for the installation and subsection (c) and inserting the following: ‘‘(4) TERMINATION.—In the case of any re- use of a pen register or trap and trace device, ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— quest for which a recipient has submitted a to minimize the retention, and prohibit the ‘‘(1) PROHIBITION.— notification under paragraph (3)(B), if the dissemination, of nonpublicly available in- ‘‘(A) IN GENERAL.—If a certification is facts supporting a nondisclosure requirement formation known to concern unconsenting issued under subparagraph (B) and notice of cease to exist, an appropriate official of the United States persons consistent with the the right to judicial review under paragraph Federal Bureau of Investigation shall need of the United States to obtain, produce, (3) is provided, no wire or electronic commu- promptly notify the wire or electronic serv- and disseminate foreign intelligence infor- nication service provider, or officer, em- ice provider, or officer, employee, or agent mation; ployee, or agent thereof, that receives a re- thereof, subject to the nondisclosure require- ‘‘(B) procedures that require that nonpub- quest under subsection (a), shall disclose to ment that the nondisclosure requirement is licly available information, which is not for- any person that the Director of the Federal no longer in effect.’’. eign intelligence information shall not be Bureau of Investigation has sought or ob- (b) IDENTITY OF FINANCIAL INSTITUTIONS disseminated in a manner that identifies any tained access to information or records AND CREDIT REPORTS.—Section 626 of the United States person, without such person’s under this section. Fair Credit Reporting Act (15 U.S.C. 1681u) is consent, unless such person’s identity is nec- ‘‘(B) CERTIFICATION.—The requirements of amended by striking subsection (d) and in- essary to understand foreign intelligence in- subparagraph (A) shall apply if the Director serting the following: formation or assess its importance; and of the Federal Bureau of Investigation, or a ‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— ‘‘(C) notwithstanding subparagraphs (A) designee of the Director whose rank shall be ‘‘(1) PROHIBITION.— and (B), procedures that allow for the reten- no lower than Deputy Assistant Director at ‘‘(A) IN GENERAL.—If a certification is tion and dissemination of information that Bureau headquarters or a Special Agent in issued under subparagraph (B) and notice of is evidence of a crime which has been, is Charge of a Bureau field office, certifies the right to judicial review under paragraph being, or is about to be committed and that that, absent a prohibition of disclosure under (3) is provided, no consumer reporting agen- is to be retained or disseminated for law en- this subsection, there may result— cy, or officer, employee, or agent thereof, forcement purposes.’’. ‘‘(i) a danger to the national security of that receives a request or order under sub- (2) PEN REGISTERS AND TRAP AND TRACE DE- the United States; section (a), (b), or (c), shall disclose or speci- VICES.—Section 402 of the Foreign Intel- ‘‘(ii) interference with a criminal, counter- fy in any consumer report, that the Federal ligence Surveillance Act of 1978 (50 U.S.C. terrorism, or counterintelligence investiga- Bureau of Investigation has sought or ob- 1842) is amended— tion; tained access to information or records (A) in subsection (d)(1), by striking ‘‘the ‘‘(iii) interference with diplomatic rela- under subsection (a), (b), or (c). judge finds’’ and all that follows and insert- tions; or ‘‘(B) CERTIFICATION.—The requirements of ing the following: ‘‘the judge finds— ‘‘(iv) danger to the life or physical safety subparagraph (A) shall apply if the Director ‘‘(A) that the application satisfies the re- of any person. of the Federal Bureau of Investigation, or a quirements of this section; and ‘‘(2) EXCEPTION.— designee of the Director whose rank shall be ‘‘(B) that, if there are exceptional cir- ‘‘(A) IN GENERAL.—A wire or electronic no lower than Deputy Assistant Director at cumstances justifying the use of minimiza- communication service provider, or officer, Bureau headquarters or a Special Agent in tion procedures in a particular case, the pro- employee, or agent thereof, that receives a Charge of a Bureau field office, certifies posed minimization procedures meet the def- request under subsection (a) may disclose in- that, absent a prohibition of disclosure under inition of minimization procedures under formation otherwise subject to any applica- this subsection, there may result— this title.’’; and ble nondisclosure requirement to— ‘‘(i) a danger to the national security of (B) by adding at the end the following: ‘‘(i) those persons to whom disclosure is the United States; ‘‘(h) At or before the end of the period of necessary in order to comply with the re- ‘‘(ii) interference with a criminal, counter- time for which the installation and use of a quest; terrorism, or counterintelligence investiga- pen register or trap and trace device is ap- ‘‘(ii) an attorney in order to obtain legal tion; proved under an order or an extension under advice or assistance regarding the request; ‘‘(iii) interference with diplomatic rela- this section, the judge may assess compli- or tions; or

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‘‘(iv) danger to the life or physical safety ‘‘(B) CERTIFICATION.—The requirements of authorized to conduct investigations of, or of any person. subparagraph (A) shall apply if the head of a intelligence or counterintelligence activities ‘‘(2) EXCEPTION.— government agency authorized to conduct or analysis related to, international ter- ‘‘(A) IN GENERAL.—A consumer reporting investigations of, or intelligence or counter- rorism shall promptly notify the consumer agency, or officer, employee, or agent there- intelligence activities or analysis related to, reporting agency, or officer, employee, or of, that receives a request or order under international terrorism, or a designee, cer- agent thereof, subject to the nondisclosure subsection (a), (b), or (c) may disclose infor- tifies that, absent a prohibition of disclosure requirement that the nondisclosure require- mation otherwise subject to any applicable under this subsection, there may result— ment is no longer in effect.’’. nondisclosure requirement to— ‘‘(i) a danger to the national security of ‘‘(i) those persons to whom disclosure is the United States; (d) FINANCIAL RECORDS.—Section 1114(a)(5) necessary in order to comply with the re- ‘‘(ii) interference with a criminal, counter- of the Right to Financial Privacy Act of 1978 quest or order; terrorism, or counterintelligence investiga- (12 U.S.C. 3414(a)(5)) is amended by striking ‘‘(ii) an attorney in order to obtain legal tion; subparagraph (D) and inserting the fol- advice or assistance regarding the request or ‘‘(iii) interference with diplomatic rela- lowing: order; or tions; or ‘‘(D) PROHIBITION OF CERTAIN DISCLO- ‘‘(iii) other persons as permitted by the Di- ‘‘(iv) danger to the life or physical safety rector of the Federal Bureau of Investigation of any person. SURE.— ‘‘(i) PROHIBITION.— or the designee of the Director. ‘‘(2) EXCEPTION.— N GENERAL ‘‘(B) PERSONS NECESSARY FOR COMPLI- ‘‘(A) IN GENERAL.—A consumer reporting ‘‘(I) I .—If a certification is ANCE.—Upon a request by the Director of the agency, or officer, employee, or agent there- issued under subclause (II) and notice of the Federal Bureau of Investigation or the des- of, that receives a request under subsection right to judicial review under clause (iii) is ignee of the Director, those persons to whom (a) may disclose information otherwise sub- provided, no financial institution, or officer, disclosure will be made under subparagraph ject to any applicable nondisclosure require- employee, or agent thereof, that receives a (A)(i) or to whom such disclosure was made ment to— request under subparagraph (A), shall dis- before the request shall be identified to the ‘‘(i) those persons to whom disclosure is close to any person that the Federal Bureau Director or the designee. necessary in order to comply with the re- of Investigation has sought or obtained ac- ‘‘(C) NONDISCLOSURE REQUIREMENT.—A per- quest; cess to information or records under sub- son to whom disclosure is made under sub- ‘‘(ii) an attorney in order to obtain legal paragraph (A). paragraph (A) shall be subject to the non- advice or assistance regarding the request; ‘‘(II) CERTIFICATION.—The requirements of disclosure requirements applicable to a per- or subclause (I) shall apply if the Director of son to whom a request or order is issued ‘‘(iii) other persons as permitted by the the Federal Bureau of Investigation, or a under subsection (a), (b), or (c) in the same head of the government agency authorized to designee of the Director whose rank shall be manner as the person to whom the request or conduct investigations of, or intelligence or no lower than Deputy Assistant Director at order is issued. counterintelligence activities or analysis re- Bureau headquarters or a Special Agent in ‘‘(D) NOTICE.—Any recipient that discloses lated to, international terrorism, or a des- Charge of a Bureau field office, certifies to a person described in subparagraph (A) in- ignee. that, absent a prohibition of disclosure under formation otherwise subject to a nondisclo- ‘‘(B) PERSONS NECESSARY FOR COMPLI- this subparagraph, there may result— sure requirement shall inform the person of ANCE.—Upon a request by the head of a gov- ‘‘(aa) a danger to the national security of the applicable nondisclosure requirement. ernment agency authorized to conduct inves- the United States; ‘‘(3) RIGHT TO JUDICIAL REVIEW.— tigations of, or intelligence or counterintel- ‘‘(bb) interference with a criminal, ‘‘(A) IN GENERAL.—A consumer reporting ligence activities or analysis related to, counterterrorism, or counterintelligence in- agency that receives a request or order under international terrorism, or a designee, those vestigation; subsection (a), (b), or (c) shall have the right persons to whom disclosure will be made ‘‘(cc) interference with diplomatic rela- to judicial review of any applicable non- under subparagraph (A)(i) or to whom such tions; or disclosure requirement. disclosure was made before the request shall ‘‘(dd) danger to the life or physical safety ‘‘(B) NOTIFICATION.—A request or order be identified to the head of the government of any person. under subsection (a), (b), or (c) shall state agency or the designee. ‘‘(ii) EXCEPTION.— ONDISCLOSURE REQUIREMENT that if the recipient wishes to have a court ‘‘(C) N .—A per- ‘‘(I) IN GENERAL.—A financial institution, review a nondisclosure requirement, the re- son to whom disclosure is made under sub- or officer, employee, or agent thereof, that cipient shall notify the Government. paragraph (A) shall be subject to the non- receives a request under subparagraph (A) ‘‘(C) INITIATION OF PROCEEDINGS.—If a re- disclosure requirements applicable to a per- may disclose information otherwise subject son to whom a request is issued under sub- cipient of a request or order under sub- to any applicable nondisclosure requirement section (a) in the same manner as the person section (a), (b), or (c) makes a notification to— to whom the request is issued. under subparagraph (B), the Government ‘‘(aa) those persons to whom disclosure is ‘‘(D) NOTICE.—Any recipient that discloses shall initiate judicial review under the pro- necessary in order to comply with the re- to a person described in subparagraph (A) in- cedures established in section 3511 of title 18, quest; United States Code, unless an appropriate of- formation otherwise subject to a nondisclo- sure requirement shall inform the person of ‘‘(bb) an attorney in order to obtain legal ficial of the Federal Bureau of Investigation advice or assistance regarding the request; makes a notification under paragraph (4). the applicable nondisclosure requirement. ‘‘(3) RIGHT TO JUDICIAL REVIEW.— or ‘‘(4) TERMINATION.—In the case of any re- ‘‘(cc) other persons as permitted by the Di- quest or order for which a consumer report- ‘‘(A) IN GENERAL.—A consumer reporting agency that receives a request under sub- rector of the Federal Bureau of Investigation ing agency has submitted a notification or the designee of the Director. under paragraph (3)(B), if the facts sup- section (a) shall have the right to judicial re- ‘‘(II) PERSONS NECESSARY FOR COMPLI- porting a nondisclosure requirement cease to view of any applicable nondisclosure require- ment. ANCE.—Upon a request by the Director of the exist, an appropriate official of the Federal Federal Bureau of Investigation or the des- Bureau of Investigation shall promptly no- ‘‘(B) NOTIFICATION.—A request under sub- ignee of the Director, those persons to whom tify the consumer reporting agency, or offi- section (a) shall state that if the recipient disclosure will be made under subclause cer, employee, or agent thereof, subject to wishes to have a court review a nondisclo- (I)(aa) or to whom such disclosure was made the nondisclosure requirement that the non- sure requirement, the recipient shall notify before the request shall be identified to the disclosure requirement is no longer in ef- the government. Director or the designee. fect.’’. ‘‘(C) INITIATION OF PROCEEDINGS.—If a re- ‘‘(III) NONDISCLOSURE REQUIREMENT.—A (c) DISCLOSURES TO GOVERNMENTAL AGEN- cipient of a request under subsection (a) CIES FOR COUNTERTERRORISM PURPOSES.— makes a notification under subparagraph person to whom disclosure is made under Section 627 of the Fair Credit Reporting Act (B), the government shall initiate judicial subclause (I) shall be subject to the non- (15 U.S.C. 1681v) is amended by striking sub- review under the procedures established in disclosure requirements applicable to a per- section (c) and inserting the following: section 3511 of title 18, United States Code, son to whom a request is issued under sub- ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— unless an appropriate official of the govern- paragraph (A) in the same manner as the ‘‘(1) PROHIBITION.— ment agency authorized to conduct inves- person to whom the request is issued. ‘‘(A) IN GENERAL.—If a certification is tigations of, or intelligence or counterintel- ‘‘(IV) NOTICE.—Any recipient that discloses issued under subparagraph (B) and notice of ligence activities or analysis related to, to a person described in subclause (I) infor- the right to judicial review under paragraph international terrorism makes a notification mation otherwise subject to a nondisclosure (3) is provided, no consumer reporting agen- under paragraph (4). requirement shall inform the person of the cy, or officer, employee, or agent thereof, ‘‘(4) TERMINATION.—In the case of any re- applicable nondisclosure requirement. that receives a request under subsection (a), quest for which a consumer reporting agency ‘‘(iii) RIGHT TO JUDICIAL REVIEW.— shall disclose to any person or specify in any has submitted a notification under para- ‘‘(I) IN GENERAL.—A financial institution consumer report, that a government agency graph (3)(B), if the facts supporting a non- that receives a request under subparagraph has sought or obtained access to information disclosure requirement cease to exist, an ap- (A) shall have the right to judicial review of under subsection (a). propriate official of the government agency any applicable nondisclosure requirement.

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‘‘(II) NOTIFICATION.—A request under sub- section (a) in the same manner as the person order is being conducted. The applicable non- paragraph (A) shall state that if the recipi- to whom the request is issued. disclosure requirement shall remain in effect ent wishes to have a court review a non- ‘‘(D) NOTICE.—Any recipient that discloses during the pendency of proceedings relating disclosure requirement, the recipient shall to a person described in subparagraph (A) in- to the requirement. notify the Government. formation otherwise subject to a nondisclo- ‘‘(C) CONSIDERATION.—A district court of ‘‘(III) INITIATION OF PROCEEDINGS.—If a re- sure requirement shall inform the person of the United States that receives an applica- cipient of a request under subparagraph (A) the applicable nondisclosure requirement. tion under subparagraph (B) should rule ex- makes a notification under subclause (II), ‘‘(3) RIGHT TO JUDICIAL REVIEW.— peditiously, and shall, subject to paragraph the Government shall initiate judicial re- ‘‘(A) IN GENERAL.—A governmental or pri- (3), issue a nondisclosure order that includes view under the procedures established in sec- vate entity that receives a request under conditions appropriate to the circumstances. tion 3511 of title 18, United States Code, un- subsection (a) shall have the right to judicial ‘‘(2) APPLICATION CONTENTS.—An applica- less an appropriate official of the Federal review of any applicable nondisclosure re- tion for a nondisclosure order or extension Bureau of Investigation makes a notification quirement. thereof under this subsection shall include a under clause (iv). ‘‘(B) NOTIFICATION.—A request under sub- certification from the Attorney General, ‘‘(iv) TERMINATION.—In the case of any re- section (a) shall state that if the recipient Deputy Attorney General, an Assistant At- quest for which a financial institution has wishes to have a court review a nondisclo- torney General, or the Director of the Fed- submitted a notification under clause sure requirement, the recipient shall notify eral Bureau of Investigation, or in the case (iii)(II), if the facts supporting a nondisclo- the Government. of a request by a department, agency, or in- sure requirement cease to exist, an appro- ‘‘(C) INITIATION OF PROCEEDINGS.—If a re- strumentality of the Federal Government priate official of the Federal Bureau of In- cipient of a request under subsection (a) other than the Department of Justice, the vestigation shall promptly notify the finan- makes a notification under subparagraph head or deputy head of the department, cial institution, or officer, employee, or (B), the Government shall initiate judicial agency, or instrumentality, containing a agent thereof, subject to the nondisclosure review under the procedures established in statement of specific and articulable facts requirement that the nondisclosure require- section 3511 of title 18, United States Code, indicating that, absent a prohibition of dis- ment is no longer in effect.’’. unless an appropriate official of the author- closure under this subsection, there may re- ized investigative agency described in sub- sult— (e) REQUESTS BY AUTHORIZED INVESTIGA- section (a) makes a notification under para- ‘‘(A) a danger to the national security of TIVE AGENCIES.—Section 802 of the National graph (4). the United States; Security Act of 1947 (50 U.S.C. 436), is amend- ‘‘(4) TERMINATION.—In the case of any re- ‘‘(B) interference with a criminal, counter- ed by striking subsection (b) and inserting quest for which a governmental or private terrorism, or counterintelligence investiga- the following: entity has submitted a notification under tion; ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— paragraph (3)(B), if the facts supporting a ‘‘(C) interference with diplomatic rela- ‘‘(1) PROHIBITION.— nondisclosure requirement cease to exist, an tions; or ‘‘(A) IN GENERAL.—If a certification is appropriate official of the authorized inves- ‘‘(D) danger to the life or physical safety of issued under subparagraph (B) and notice of tigative agency described in subsection (a) any person. the right to judicial review under paragraph shall promptly notify the governmental or ‘‘(3) STANDARD.—A district court of the (3) is provided, no governmental or private private entity, or officer, employee, or agent United States shall issue a nondisclosure re- entity, or officer, employee, or agent there- thereof, subject to the nondisclosure require- quirement order or extension thereof under of, that receives a request under subsection ment that the nondisclosure requirement is this subsection if the court determines, giv- (a), shall disclose to any person that an au- no longer in effect.’’. ing substantial weight to the certification thorized investigative agency described in SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND under paragraph (2) that there is reason to subsection (a) has sought or obtained access NATIONAL SECURITY LETTERS. believe that disclosure of the information to information under subsection (a). (a) FISA.—Section 501(f)(2) of the Foreign subject to the nondisclosure requirement ‘‘(B) CERTIFICATION.—The requirements of Intelligence Surveillance Act of 1978 (50 during the applicable time period will result subparagraph (A) shall apply if the head of U.S.C. 1861(f)(2)) is amended— in— an authorized investigative agency described (1) in subparagraph (A)— ‘‘(A) a danger to the national security of in subsection (a), or a designee, certifies (A) in clause (i)— the United States; that, absent a prohibition of disclosure under (i) by striking ‘‘a production order’’ and in- ‘‘(B) interference with a criminal, counter- this subsection, there may result— serting ‘‘a production order or nondisclosure terrorism, or counterintelligence investiga- ‘‘(i) a danger to the national security of order’’; and tion; the United States; (ii) by striking ‘‘Not less than 1 year’’ and ‘‘(C) interference with diplomatic rela- ‘‘(ii) interference with a criminal, counter- all that follows; and tions; or terrorism, or counterintelligence investiga- (B) in clause (ii), by striking ‘‘production ‘‘(D) danger to the life or physical safety of tion; order or nondisclosure’’; and any person.’’. ‘‘(iii) interference with diplomatic rela- (2) in subparagraph (C)— (c) MINIMIZATION.—Section 501(g)(1) of the tions; or (A) by striking clause (ii); and Foreign Intelligence Surveillance Act of 1978 ‘‘(iv) danger to the life or physical safety (B) by redesignating clause (iii) as clause (50 U.S.C. 1861(g)(1)) is amended by striking of any person. (ii). ‘‘Not later than’’ and all that follows and in- ‘‘(2) EXCEPTION.— (b) JUDICIAL REVIEW OF NATIONAL SECURITY serting ‘‘At or before the end of the period of ‘‘(A) IN GENERAL.—A governmental or pri- LETTERS.—Section 3511(b) of title 18, United time for the production of tangible things vate entity, or officer, employee, or agent States Code, is amended to read as follows: under an order approved under this section thereof, that receives a request under sub- ‘‘(b) NONDISCLOSURE.— or at any time after the production of tan- section (a) may disclose information other- ‘‘(1) IN GENERAL.— gible things under an order approved under wise subject to any applicable nondisclosure ‘‘(A) NOTICE.—If a recipient of a request or this section, a judge may assess compliance requirement to— order for a report, records, or other informa- with the minimization procedures by review- ‘‘(i) those persons to whom disclosure is tion under section 2709 of this title, section ing the circumstances under which informa- necessary in order to comply with the re- 626 or 627 of the Fair Credit Reporting Act (15 tion concerning United States persons was quest; U.S.C. 1681u and 1681v), section 1114 of the retained or disseminated.’’. ‘‘(ii) an attorney in order to obtain legal Right to Financial Privacy Act of 1978 (12 SEC. 7. CERTIFICATION FOR ACCESS TO TELE- advice or assistance regarding the request; U.S.C. 3414), or section 802 of the National PHONE TOLL AND TRANSACTIONAL RECORDS. or Security Act of 1947 (50 U.S.C. 436), wishes to (a) IN GENERAL.—Section 2709 of title 18, ‘‘(iii) other persons as permitted by the have a court review a nondisclosure require- United States Code, as amended by this Act, head of the authorized investigative agency ment imposed in connection with the request is amended— described in subsection (a). or order, the recipient shall notify the Gov- (1) by striking subsection (e); ‘‘(B) PERSONS NECESSARY FOR COMPLI- ernment. (2) by redesignating subsections (c) and (d) ANCE.—Upon a request by the head of an au- ‘‘(B) APPLICATION.—Not later than 30 days as subsections (d) and (e), respectively; and thorized investigative agency described in after the date of receipt of a notification (3) by inserting after subsection (b) the fol- subsection (a), or a designee, those persons under subparagraph (A), the Government lowing: to whom disclosure will be made under sub- shall apply for an order prohibiting the dis- ‘‘(c) WRITTEN STATEMENT.—The Director of paragraph (A)(i) or to whom such disclosure closure of the existence or contents of the the Federal Bureau of Investigation, or a was made before the request shall be identi- relevant request or order. An application designee in a position not lower than Deputy fied to the head of the authorized investiga- under this subparagraph may be filed in the Assistant Director at Bureau headquarters tive agency or the designee. district court of the United States for the ju- or a Special Agent in Charge in a Bureau ‘‘(C) NONDISCLOSURE REQUIREMENT.—A per- dicial district in which the recipient of the field office designated by the Director, may son to whom disclosure is made under sub- order is doing business or in the district make a certification under subsection (b) paragraph (A) shall be subject to the non- court of the United States for any judicial only upon a written statement, which shall disclosure requirements applicable to a per- district within which the authorized inves- be retained by the Federal Bureau of Inves- son to whom a request is issued under sub- tigation that is the basis for the request or tigation, of specific facts showing that there

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are reasonable grounds to believe that the (1) OBSTRUCTION OF CRIMINAL INVESTIGA- in contact with or otherwise directly linked information sought is relevant to the au- TIONS.—Section 1510(e) of title 18, United to the subject of an authorized national se- thorized investigation described in sub- States Code, is amended by striking ‘‘section curity investigation. section (b).’’. 2709(c)(1) of this title, section 626(d)(1) or ‘‘(3) UNCLASSIFIED FORM.— (b) IDENTITY OF FINANCIAL INSTITUTIONS 627(c)(1) of the Fair Credit Reporting Act (15 ‘‘(A) IN GENERAL.—Not later than February AND CREDIT REPORTS.—Section 626 of the U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1, 2012, and every 6 months thereafter, the Fair Credit Reporting Act (15 U.S.C. 1681u), 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Attorney General shall submit to the Select as amended by this Act, is amended— Financial Privacy Act (12 U.S.C. 3414(a)(3)(A) Committee on Intelligence, the Committee (1) by striking subsection (h); or 3414(a)(5)(D)(i)),’’ and inserting ‘‘section on the Judiciary, and the Committee on (2) by redesignating subsections (d), (e), (f), 2709(d)(1) of this title, section 626(e)(1) or Banking, Housing, and Urban Affairs of the and (g) as subsections (e), (f), (g), and (h), re- 627(c)(1) of the Fair Credit Reporting Act (15 Senate and the Permanent Select Committee spectively; and U.S.C. 1681u(e)(1) and 1681v(c)(1)), section on Intelligence, the Committee on the Judi- (3) by inserting after subsection (c) the fol- 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to ciary, and the Committee on Financial Serv- lowing: Financial Privacy Act of 1978 (12 U.S.C. ices of the House of Representatives a report ‘‘(d) WRITTEN STATEMENT.—The Director of 3414(a)(3)(A) and 3414(a)(5)(D)(i)),’’. fully informing the committees concerning the Federal Bureau of Investigation, or a (2) SEMIANNUAL REPORTS.—Section 507(b) of the aggregate total of all requests identified designee in a position not lower than Deputy the National Security Act of 1947 (50 U.S.C. under paragraph (2) during the applicable pe- Assistant Director at Bureau headquarters 415b(b)) is amended— riod ending on the last day of the second or a Special Agent in Charge in a Bureau (A) by striking paragraphs (4) and (5); and month before the date for submission of the field office designated by the Director, may (B) by redesignating paragraph (6) as para- report. Each report under this subparagraph make a certification under subsection (a) or graph (4). shall be in unclassified form. (b) only upon a written statement, which SEC. 8. PUBLIC REPORTING ON NATIONAL SECU- ‘‘(B) CONTENTS.—Each report under sub- shall be retained by the Federal Bureau of RITY LETTERS. paragraph (A) shall include the aggregate Investigation, of specific facts showing that (a) IN GENERAL.—Section 118(c) of the USA there are reasonable grounds to believe that total of requests— PATRIOT Improvement and Reauthorization ‘‘(i) that relate to a United States person; the information sought is relevant to the au- Act of 2005 (18 U.S.C. 3511 note) is amended to thorized investigation described in sub- ‘‘(ii) that relate to a person that is not a read as follows: United States person; section (a) or (b), as the case may be.’’. ‘‘(c) REPORTS ON REQUESTS FOR NATIONAL ‘‘(iii) that relate to a person that is— (c) DISCLOSURES TO GOVERNMENTAL AGEN- SECURITY LETTERS.— ‘‘(I) the subject of an authorized national CIES FOR COUNTERTERRORISM PURPOSES.— ‘‘(1) DEFINITIONS.—In this subsection— Section 627(b) of the Fair Credit Reporting ‘‘(A) the term ‘applicable period’ means— security investigation; or Act (15 U.S.C. 1681v(b)) is amended— ‘‘(i) with respect to the first report sub- ‘‘(II) an individual who has been in contact (1) in the subsection heading, by striking mitted under paragraph (2) or (3), the period with or otherwise directly linked to the sub- ‘‘FORM OF CERTIFICATION’’ and inserting beginning 180 days after the date of enact- ject of an authorized national security inves- ‘‘CERTIFICATION’’; ment of the USA PATRIOT Act Sunset Ex- tigation; and (2) by striking ‘‘The certification’’ and in- tension Act of 2011 and ending on December ‘‘(iv) that relate to a person that is not serting the following: 31, 2011; and known to be the subject of an authorized na- ‘‘(1) FORM OF CERTIFICATION.—The certifi- ‘‘(ii) with respect to the second report sub- tional security investigation or to have been cation’’; and mitted under paragraph (2) or (3), and each in contact with or otherwise directly linked (3) by adding at the end the following: report thereafter, the 6-month period ending to the subject of an authorized national se- ‘‘(2) WRITTEN STATEMENT.—A supervisory on the last day of the second month before curity investigation.’’. official or officer described in paragraph (1) the date for submission of the report; and (b) TECHNICAL AND CONFORMING AMEND- may make a certification under subsection ‘‘(B) the term ‘United States person’ has MENT.—Section 627 of the Fair Credit Report- (a) only upon a written statement, which the meaning given that term in section 101 of ing Act (15 U.S.C. 1681v) is amended by strik- shall be retained by the government agency, the Foreign Intelligence Surveillance Act of ing subsection (f). of specific facts showing that there are rea- 1978 (50 U.S.C. 1801). SEC. 9. PUBLIC REPORTING ON THE FOREIGN IN- sonable grounds to believe that the informa- ‘‘(2) CLASSIFIED FORM.— TELLIGENCE SURVEILLANCE ACT OF 1978. tion sought is relevant to the authorized in- ‘‘(A) IN GENERAL.—Not later than February (a) IN GENERAL.—Title VI of the Foreign vestigation described in subsection (a).’’. 1, 2012, and every 6 months thereafter, the Intelligence Surveillance Act of 1978 (50 (d) FINANCIAL RECORDS.—Section 1114(a)(5) Attorney General shall submit to the Select U.S.C. 1871) is amended by adding at the end of the Right to Financial Privacy Act of 1978 Committee on Intelligence, the Committee the following: (12 U.S.C. 3414(a)(5)), as amended by this Act, on the Judiciary, and the Committee on is amended— Banking, Housing, and Urban Affairs of the ‘‘SEC. 602. ANNUAL UNCLASSIFIED REPORT. (1) by striking subparagraph (C); Senate and the Permanent Select Committee ‘‘Not later than June 30, 2012, and every (2) by redesignating subparagraph (B) as on Intelligence, the Committee on the Judi- year thereafter, the Attorney General, in subparagraph (C); and ciary, and the Committee on Financial Serv- consultation with the Director of National (3) by inserting after subparagraph (A) the ices of the House of Representatives a report Intelligence, and with due regard for the pro- following: fully informing the committees concerning tection of classified information from unau- ‘‘(B) The Director of the Federal Bureau of the requests made under section 2709(a) of thorized disclosure, shall submit to the Com- Investigation, or a designee in a position not title 18, United States Code, section mittee on the Judiciary and the Select Com- lower than Deputy Assistant Director at Bu- 1114(a)(5)(A) of the Right to Financial Pri- mittee on Intelligence of the Senate and the reau headquarters or a Special Agent in vacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)), sec- Committee on the Judiciary and the Perma- Charge in a Bureau field office designated by tion 626 of the Fair Credit Reporting Act (15 nent Select Committee on Intelligence of the the Director, may make a certification U.S.C. 1681u), section 627 of the Fair Credit House of Representatives an unclassified re- under subparagraph (A) only upon a written Reporting Act (15 U.S.C. 1681v), or section 802 port summarizing how the authorities under statement, which shall be retained by the of the National Security Act of 1947 (50 this Act are used, including the impact of Federal Bureau of Investigation, of specific U.S.C. 436) during the applicable period. the use of the authorities under this Act on facts showing that there are reasonable ‘‘(B) CONTENTS.—Each report under sub- the privacy of United States persons (as de- grounds to believe that the information paragraph (A) shall include, for each provi- fined in section 101).’’. sought is relevant to the authorized inves- sion of law described in subparagraph (A)— (b) TECHNICAL AND CONFORMING AMEND- tigation described in subparagraph (A).’’. ‘‘(i) the number of authorized requests MENT.—The table of contents in the first sec- (e) REQUESTS BY AUTHORIZED INVESTIGA- under the provision, including requests for tion of the Foreign Intelligence Surveillance TIVE AGENCIES.—Section 802(a) of the Na- Act of 1978 (50 U.S.C. 1801 et seq.) is amended tional Security Act of 1947 (50 U.S.C. 436(a)) subscriber information; and ‘‘(ii) the number of authorized requests by inserting after the item relating to sec- is amended by adding at the end the fol- tion 601 the following: lowing: under the provision— ‘‘(4) A department or agency head, deputy ‘‘(I) that relate to a United States person; ‘‘Sec. 602. Annual unclassified report.’’. department or agency head, or senior official ‘‘(II) that relate to a person that is not a SEC. 10. AUDITS. described in paragraph (3)(A) may make a United States person; (a) TANGIBLE THINGS.—Section 106A of the certification under paragraph (3)(A) only ‘‘(III) that relate to a person that is— USA PATRIOT Improvement and Reauthor- upon a written statement, which shall be re- ‘‘(aa) the subject of an authorized national ization Act of 2005 (Public Law 109–177; 120 tained by the authorized investigative agen- security investigation; or Stat. 200) is amended— cy, of specific facts showing that there are ‘‘(bb) an individual who has been in con- (1) in subsection (b)— reasonable grounds to believe that the infor- tact with or otherwise directly linked to the (A) in paragraph (1), by striking ‘‘2006’’ and mation sought is relevant to the authorized subject of an authorized national security in- inserting ‘‘2011’’; inquiry or investigation described in para- vestigation; and (B) by striking paragraphs (2) and (3); graph (3)(A)(ii).’’. ‘‘(IV) that relate to a person that is not (C) by redesignating paragraphs (4) and (5) (f) TECHNICAL AND CONFORMING AMEND- known to be the subject of an authorized na- as paragraphs (2) and (3), respectively; and MENTS.— tional security investigation or to have been (D) in paragraph (3), as so redesignated—

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.025 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S280 CONGRESSIONAL RECORD — SENATE January 26, 2011 (i) by striking subparagraph (C) and insert- community that conducts an assessment ‘‘(B) section 1114(a)(5)(A) of the Right to ing the following: under this subsection shall submit to the Financial Privacy Act of 1978 (12 U.S.C. ‘‘(C) with respect to calendar years 2007 Committee on the Judiciary and the Select 3414(a)(5)(A)) (to obtain financial institution through 2011, an examination of the mini- Committee on Intelligence of the Senate and customer records); mization procedures used in relation to or- the Committee on the Judiciary and the Per- ‘‘(C) section 802 of the National Security ders under section 501 of the Foreign Intel- manent Select Committee on Intelligence of Act of 1947 (50 U.S.C. 436) (to obtain financial ligence Surveillance Act of 1978 (50 U.S.C. the House of Representatives a report con- information, records, and consumer reports); 1861) and whether the minimization proce- taining the results of the assessment for cal- ‘‘(D) section 626 of the Fair Credit Report- dures protect the constitutional rights of endar years 2010 and 2011.’’; ing Act (15 U.S.C. 1681u) (to obtain certain fi- United States persons.’’; and (5) in subsection (e), as redesignated by nancial information and consumer reports); (ii) in subparagraph (D), by striking ‘‘(as paragraph (3)— or such term is defined in section 3(4) of the Na- (A) in paragraph (1)— ‘‘(E) section 627 of the Fair Credit Report- tional Security Act of 1947 (50 U.S.C. (i) by striking ‘‘a report under subsection ing Act (15 U.S.C. 1681v) (to obtain credit 401a(4)))’’; (c)(1) or (c)(2)’’ and inserting ‘‘any report agency consumer records for counterter- (2) in subsection (c), by adding at the end under subsection (c) or (d)’’; and rorism investigations); and the following: (ii) by inserting ‘‘and any Inspector Gen- ‘‘(3) the term ‘United States person’ has ‘‘(3) CALENDAR YEARS 2007, 2008, AND 2009.— eral of an element of the intelligence com- the meaning given that term in section 101 of Not later than September 30, 2011, the In- munity that submits a report under this sec- the Foreign Intelligence Surveillance Act of spector General of the Department of Justice tion’’ after ‘‘Justice’’; and 1978 (50 U.S.C. 1801).’’; shall submit to the Committee on the Judici- (B) in paragraph (2), by striking ‘‘the re- (4) by redesignating subsections (d), (e), ary and the Permanent Select Committee on ports submitted under subsection (c)(1) and and (f) as subsections (e), (f), and (g), respec- Intelligence of the House of Representatives (c)(2)’’ and inserting ‘‘any report submitted tively; and the Committee on the Judiciary and the under subsection (c) or (d)’’; (5) by inserting after subsection (c) the fol- Select Committee on Intelligence of the Sen- (6) in subsection (f) as redesignated by lowing: ate a report containing the results of the paragraph (3)— ‘‘(d) INTELLIGENCE ASSESSMENT.— audit conducted under subsection (a) for cal- (A) by striking ‘‘The reports submitted ‘‘(1) IN GENERAL.—For the period beginning endar years 2007, 2008, and 2009. under subsections (c)(1) and (c)(2)’’ and in- on January 1, 2007 and ending on December ‘‘(4) CALENDAR YEARS 2010 AND 2011.—Not serting ‘‘Each report submitted under sub- 31, 2011, the Inspector General of each ele- later than December 31, 2012, the Inspector section (c)’’; and ment of the intelligence community outside General of the Department of Justice shall (B) by striking ‘‘subsection (d)(2)’’ and in- of the Department of Justice that issued na- submit to the Committee on the Judiciary serting ‘‘subsection (e)(2)’’; and tional security letters in the intelligence ac- and the Permanent Select Committee on In- (7) by adding at the end the following: tivities of the element of the intelligence telligence of the House of Representatives ‘‘(g) DEFINITIONS.—In this section— community shall— and the Committee on the Judiciary and the ‘‘(1) the term ‘intelligence community’ has ‘‘(A) examine the use of national security Select Committee on Intelligence of the Sen- the meaning given that term in section 3 of letters by the element of the intelligence ate a report containing the results of the the National Security Act of 1947 (50 U.S.C. community during the period; audit conducted under subsection (a) for cal- 401a); and ‘‘(B) describe any noteworthy facts or cir- endar years 2010 and 2011.’’; ‘‘(2) the term ‘United States person’ has cumstances relating to the use of national (3) by redesignating subsections (d) and (e) the meaning given that term in section 101 of security letters by the element of the intel- as subsections (e) and (f), respectively; the Foreign Intelligence Surveillance Act of ligence community, including any improper (4) by inserting after subsection (c) the fol- 1978 (50 U.S.C. 1801).’’. or illegal use of such authority; lowing: (b) NATIONAL SECURITY LETTERS.—Section ‘‘(C) assess the importance of information ‘‘(d) INTELLIGENCE ASSESSMENT.— 119 of the USA PATRIOT Improvement and received under the national security letters ‘‘(1) IN GENERAL.—For the period beginning Reauthorization Act of 2005 (Public Law 109– to the intelligence activities of the element on January 1, 2007 and ending on December 177; 120 Stat. 219) is amended— of the intelligence community; and 31, 2011, the Inspector General of each ele- (1) in subsection (b)— ‘‘(D) examine the manner in which infor- ment of the intelligence community outside (A) in paragraph (1), by striking ‘‘2006’’ and mation received under the national security of the Department of Justice that used infor- inserting ‘‘2011’’; and letters was collected, retained, analyzed, and mation acquired under title V of the Foreign (B) in paragraph (3)(C), by striking ‘‘(as disseminated. Intelligence Surveillance Act of 1978 (50 such term is defined in section 3(4) of the Na- ‘‘(2) SUBMISSION DATES FOR ASSESSMENT.— U.S.C. 1861 et seq.) in the intelligence activi- tional Security Act of 1947 (50 U.S.C. ‘‘(A) CALENDAR YEARS 2007 THROUGH 2009.— ties of the element of the intelligence com- 401a(4)))’’; Not later than September 30, 2011, the In- munity shall— (2) in subsection (c), by adding at the end spector General of each element of the intel- ‘‘(A) assess the importance of the informa- the following: ligence community that conducts an assess- tion to the intelligence activities of the ele- ‘‘(3) CALENDAR YEARS 2007, 2008, AND 2009.— ment under this subsection shall submit to ment of the intelligence community; Not later than September 30, 2011, the In- the Committee on the Judiciary and the Se- ‘‘(B) examine the manner in which that in- spector General of the Department of Justice lect Committee on Intelligence of the Senate formation was collected, retained, analyzed, shall submit to the Committee on the Judici- and the Committee on the Judiciary and the and disseminated by the element of the in- ary and the Permanent Select Committee on Permanent Select Committee on Intelligence telligence community; Intelligence of the House of Representatives of the House of Representatives a report con- ‘‘(C) describe any noteworthy facts or cir- and the Committee on the Judiciary and the taining the results of the assessment for cal- cumstances relating to orders under title V Select Committee on Intelligence of the Sen- endar years 2007 through 2009. of the Foreign Intelligence Surveillance Act ate a report containing the results of the ‘‘(B) CALENDAR YEARS 2010 AND 2011.—Not of 1978 as the orders relate to the element of audit conducted under subsection (a) for cal- later than December 31, 2012, the Inspector the intelligence community; and endar years 2007, 2008, and 2009. General of any element of the intelligence ‘‘(D) examine any minimization procedures ‘‘(4) CALENDAR YEARS 2010 AND 2011.—Not community that conducts an assessment used by the element of the intelligence com- later than December 31, 2012, the Inspector under this subsection shall submit to the munity under title V of the Foreign Intel- General of the Department of Justice shall Committee on the Judiciary and the Select ligence Surveillance Act of 1978 and whether submit to the Committee on the Judiciary Committee on Intelligence of the Senate and the minimization procedures protect the and the Permanent Select Committee on In- the Committee on the Judiciary and the Per- constitutional rights of United States per- telligence of the House of Representatives manent Select Committee on Intelligence of sons. and the Committee on the Judiciary and the the House of Representatives a report con- ‘‘(2) SUBMISSION DATES FOR ASSESSMENT.— Select Committee on Intelligence of the Sen- taining the results of the assessment for cal- ‘‘(A) CALENDAR YEARS 2007 THROUGH 2009.— ate a report containing the results of the endar years 2010 and 2011.’’; Not later than September 30, 2011, the In- audit conducted under subsection (a) for cal- (6) in subsection (e), as redesignated by spector General of each element of the intel- endar years 2010 and 2011.’’; paragraph (4)— ligence community that conducts an assess- (3) by striking subsection (g) and inserting (A) in paragraph (1)— ment under this subsection shall submit to the following: (i) by striking ‘‘a report under subsection the Committee on the Judiciary and the Se- ‘‘(h) DEFINITIONS.—In this section— (c)(1) or (c)(2)’’ and inserting ‘‘any report lect Committee on Intelligence of the Senate ‘‘(1) the term ‘intelligence community’ has under subsection (c) or (d)’’; and and the Committee on the Judiciary and the the meaning given that term in section 3 of (ii) by inserting ‘‘and any Inspector Gen- Permanent Select Committee on Intelligence the National Security Act of 1947 (50 U.S.C. eral of an element of the intelligence com- of the House of Representative a report con- 401a); munity that submits a report under this sec- taining the results of the assessment for cal- ‘‘(2) the term ‘national security letter’ tion’’ after ‘‘Justice’’; and endar years 2007 through 2009. means a request for information under— (B) in paragraph (2), by striking ‘‘the re- ‘‘(B) CALENDAR YEARS 2010 AND 2011.—Not ‘‘(A) section 2709(a) of title 18, United ports submitted under subsection (c)(1) or later than December 31, 2012, the Inspector States Code (to access certain communica- (c)(2)’’ and inserting ‘‘any report submitted General of each element of the intelligence tion service provider records); under subsection (c) or (d)’’; and

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(7) in subsection (f), as redesignated by a report containing the results of the audits (6) UNCLASSIFIED FORM.—Each report sub- paragraph (4)— conducted under paragraph (1) for calendar mitted under paragraph (3) and any com- (A) by striking ‘‘The reports submitted years 2007 through 2009. ments included in that report under para- under subsections (c)(1) or (c)(2)’’ and insert- (B) CALENDAR YEARS 2010 AND 2011.—Not graph (5)(B) shall be in unclassified form, but ing ‘‘Each report submitted under subsection later than December 31, 2012, the Inspector may include a classified annex. (c)’’; and General of the Department of Justice shall (d) DEFINITIONS.—In this section— (B) by striking ‘‘subsection (d)(2)’’ and in- submit to the Committee on the Judiciary (1) the terms ‘‘foreign intelligence infor- serting ‘‘subsection (e)(2)’’. and the Select Committee on Intelligence of mation’’ and ‘‘United States person’’ have (c) PEN REGISTERS AND TRAP AND TRACE the Senate and the Committee on the Judici- the meanings given those terms in section DEVICES.— ary and the Permanent Select Committee on 101 of the Foreign Intelligence Surveillance (1) AUDITS.—The Inspector General of the Intelligence of the House of Representatives Act of 1978 (50 U.S.C. 1801); and Department of Justice shall perform com- a report containing the results of the audits (2) the term ‘‘intelligence community’’ has prehensive audits of the effectiveness and conducted under paragraph (1) for calendar the meaning given that term in section 3 of use, including any improper or illegal use, of years 2010 and 2011. the National Security Act of 1947 (50 U.S.C. pen registers and trap and trace devices (4) INTELLIGENCE ASSESSMENT.— 401a). under title IV of the Foreign Intelligence (A) IN GENERAL.—For the period beginning SEC. 11. DELAYED NOTICE SEARCH WARRANTS. Surveillance Act of 1978 (50 U.S.C. 1841 et January 1, 2007 and ending on December 31, Section 3103a(b)(3) of title 18, United States seq.) during the period beginning on January 2011, the Inspector General of any element of Code, is amended by striking ‘‘30 days’’ and 1, 2007 and ending on December 31, 2011. the intelligence community outside of the inserting ‘‘7 days’’. (2) REQUIREMENTS.—The audits required under paragraph (1) shall include— Department of Justice that used information SEC. 12. PROCEDURES. (A) an examination of the use of pen reg- acquired under a pen register or trap and (a) IN GENERAL.—The Attorney General isters and trap and trace devices under title trace device under title IV of the Foreign In- shall periodically review, and revise as nec- IV of the Foreign Intelligence Surveillance telligence Surveillance Act of 1978 in the in- essary, the procedures adopted by the Attor- Act of 1978 for calendar years 2007 through telligence activities of the element of the in- ney General on October 1, 2010 for the collec- 2011; telligence community shall— tion, use, and storage of information ob- (B) an examination of the installation and (i) assess the importance of the informa- tained in response to a national security let- use of a pen register or trap and trace device tion to the intelligence activities of the ele- ter issued under section 2709 of title 18, on emergency bases under section 403 of the ment of the intelligence community; United States Code, section 1114(a)(5) of the Foreign Intelligence Surveillance Act of 1978 (ii) examine the manner in which the infor- Right to Financial Privacy Act of 1978 (12 (50 U.S.C. 1843); mation was collected, retained, analyzed, U.S.C. 3414(5)), section 626 of the Fair Credit (C) any noteworthy facts or circumstances and disseminated; Reporting Act (15 U.S.C. 1681u), or section 627 relating to the use of a pen register or trap (iii) describe any noteworthy facts or cir- of the Fair Credit Reporting Act (15 U.S.C. and trace device under title IV of the For- cumstances relating to orders under title IV 1681v). eign Intelligence Surveillance Act of 1978, in- of the Foreign Intelligence Surveillance Act (b) CONSIDERATIONS.—In reviewing and re- cluding any improper or illegal use of the au- of 1978 as the orders relate to the element of vising the procedures described in subsection thority provided under that title; and the intelligence community; and (a), the Attorney General shall give due con- (D) an examination of the effectiveness of (iv) examine any minimization procedures sideration to the privacy interests of individ- the authority under title IV of the Foreign used by the element of the intelligence com- uals and the need to protect national secu- Intelligence Surveillance Act of 1978 as an munity in relation to pen registers and trap rity. investigative tool, including— and trace devices under title IV of the For- (c) REVISIONS TO PROCEDURES AND OVER- (i) the importance of the information ac- eign Intelligence Surveillance Act of 1978 SIGHT.—If the Attorney General makes any quired to the intelligence activities of the and whether the minimization procedures significant changes to the procedures de- Federal Bureau of Investigation; protect the constitutional rights of United scribed in subsection (a), the Attorney Gen- (ii) the manner in which the information is States persons. eral shall notify and submit a copy of the collected, retained, analyzed, and dissemi- (B) SUBMISSION DATES FOR ASSESSMENT.— changes to the Committee on the Judiciary nated by the Federal Bureau of Investiga- (i) CALENDAR YEARS 2007 THROUGH 2009.—Not and the Select Committee on Intelligence of tion, including any direct access to the infor- later than September 30, 2011, the Inspector the Senate and the Committee on the Judici- mation provided to any other department, General of each element of the intelligence ary and the Permanent Select Committee on agency, or instrumentality of Federal, State, community that conducts an assessment Intelligence of the House of Representatives. local, or tribal governments or any private under this paragraph shall submit to the SEC. 13. SEVERABILITY. sector entity; Committee on the Judiciary and the Select If any provision of this Act or an amend- (iii) with respect to calendar years 2010 and Committee on Intelligence of the Senate and ment made by this Act, or the application of 2011, an examination of the minimization the Committee on the Judiciary and the Per- the provision to any person or circumstance, procedures of the Federal Bureau of Inves- manent Select Committee on Intelligence of is held to be unconstitutional, the remainder tigation used in relation to pen registers and the House of Representative a report con- of this Act and the amendments made by trap and trace devices under title IV of the taining the results of the assessment for cal- this Act, and the application of the provi- Foreign Intelligence Surveillance Act of 1978 endar years 2007 through 2009. sions of this Act and the amendments made and whether the minimization procedures (ii) CALENDAR YEARS 2010 AND 2011.—Not by this Act to any other person or cir- protect the constitutional rights of United later than December 31, 2012, the Inspector cumstance, shall not be affected thereby. States persons; General of each element of the intelligence SEC. 14. OFFSET. (iv) whether, and how often, the Federal community that conducts an assessment Of the unobligated balances available in Bureau of Investigation used information ac- under this paragraph shall submit to the the Department of Justice Assets Forfeiture quired under a pen register or trap and trace Committee on the Judiciary and the Select Fund established under section 524(c)(1) of device under title IV of the Foreign Intel- Committee on Intelligence of the Senate and title 28, United States Code, $5,000,000 are ligence Surveillance Act of 1978 to produce the Committee on the Judiciary and the Per- permanently rescinded and shall be returned an analytical intelligence product for dis- manent Select Committee on Intelligence of to the general fund of the Treasury. tribution within the Federal Bureau of In- the House of Representative a report con- SEC. 15. EFFECTIVE DATE. vestigation, to the intelligence community, taining the results of the assessment for cal- The amendments made by sections 3, 4, 5, or to another department, agency, or instru- endar years 2010 and 2011. 6, 7, and 11 shall take effect on the date that mentality of Federal, State, local, or tribal (5) PRIOR NOTICE TO ATTORNEY GENERAL AND is 120 days after the date of enactment of governments; and DIRECTOR OF NATIONAL INTELLIGENCE; COM- this Act. (v) whether, and how often, the Federal MENTS.— Bureau of Investigation provided informa- (A) NOTICE.—Not later than 30 days before tion acquired under a pen register or trap the submission of any report paragraph (3) or By Mr. MCCONNELL (for himself, and trace device under title IV of the For- (4), the Inspector General of the Department Mr. COBURN, and Mr. JOHANNS): eign Intelligence Surveillance Act of 1978 to of Justice and any Inspector General of an S. 194. A bill to reduce Fedeal spend- law enforcement authorities for use in crimi- element of the intelligence community that ing and the deficit by terminating tax- nal proceedings. submits a report under this subsection shall payer financing of presidential election (3) SUBMISSION DATES.— provide the report to the Attorney General campaigns and party conventions; to (A) CALENDAR YEARS 2007 THROUGH 2009.—Not and the Director of National Intelligence. the Committee on Finance. later than September 30, 2011, the Inspector (B) COMMENTS.—The Attorney General or Mr. MCCONNELL. Mr. President, I General of the Department of Justice shall the Director of National Intelligence may ask unanimous consent that the text of submit to the Committee on the Judiciary provide such comments to be included in any and the Select Committee on Intelligence of report submitted under paragraph (3) or (4) the bill be printed in the RECORD. the Senate and the Committee on the Judici- as the Attorney General or the Director of There being no objection, the text of ary and the Permanent Select Committee on National Intelligence may consider nec- the bill was ordered to be printed in Intelligence of the House of Representatives essary. the RECORD, as follows:

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.025 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S282 CONGRESSIONAL RECORD — SENATE January 26, 2011 S. 194 cent. The Urban Institute estimates Cragin Project in northern Arizona. A Be it enacted by the Senate and House of Rep- that $4 in child support expenditures companion measure is being introduced resentatives of the United States of America in reduces spending in other public pro- today in the House by Congressman Congress assembled, grams by $5. PAUL GOSAR from Arizona. SECTION 1. TERMINATION OF TAXPAYER FINANC- So, the Child Support Enforcement Pursuant to the Arizona Water Set- ING OF PRESIDENTIAL ELECTION program’s results are impressive and it tlements Act of 2004, AWSA, Congress CAMPAIGNS. authorized the Secretary of the Inte- (a) TERMINATION OF DESIGNATION OF INCOME is widely recognized as one of the most TAX PAYMENTS.—Section 6096 of the Internal effective programs operated by the rior to accept from the Salt River Revenue Code of 1986 is amended by adding Federal Government. In fact, the pro- Project, SRP, title of the C.C. Cragin at the end the following new subsection: gram is notable for collecting $4.78 for Dam and Reservoir for the express use ‘‘(d) TERMINATION.—This section shall not each dollar of expenditure. It is a true of the Salt River Federal Reclamation apply to taxable years beginning after De- bargain that works well. Project. While it is clear that Congress cember 31, 2009.’’. Child support programs do much intended to transfer jurisdiction of the (b) TERMINATION OF FUND AND ACCOUNT.— more than just collect money. It works Cragin Project to the Department of (1) TERMINATION OF PRESIDENTIAL ELECTION the Interior, and in particular, the Bu- CAMPAIGN FUND.— with noncustodial parents who need reau of Reclamation, the lands under- (A) IN GENERAL.—Chapter 95 of subtitle H employment so that they can make of such Code is amended by adding at the end regular payments. Child support staff lying the Project are technically lo- the following new section: also plays a critical role in times of cated within the Coconino National ‘‘SEC. 9014. TERMINATION. high unemployment, by processing ad- Forest and the Tonto National Forest. ‘‘The provisions of this chapter shall not justments to support orders so that This has resulted in a disagreement be- tween the Bureau of Reclamation and apply with respect to any presidential elec- noncustodial parents do not fall hope- tion (or any presidential nominating conven- the National Forest Service concerning lessly behind. tion) after the date of the enactment of this jurisdiction over the operation and When Congress passed the Child Sup- section, or to any candidate in such an elec- management activities of the Cragin port Performance and Incentive Act of tion.’’. Project. (B) TRANSFER OF EXCESS FUNDS TO GENERAL 1998, CSPIA, it created an innovative For more than 5 years, SRP and Rec- FUND.—Section 9006 of such Code is amended incentive program that rewards effi- lamation have attempted to reach an by adding at the end the following new sub- cient, results-oriented child support agreement with the Forest Service section: enforcement efforts. These earned per- ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER that recognizes Reclamation’s para- formance incentives must be used for mount jurisdiction over the Cragin TERMINATION.—The Secretary shall transfer child support activities. One of every all amounts in the fund after the date of the Project. Unfortunately, the Forest enactment of this section to the general fund four dollars from State expenditures to Service maintains that this technical of the Treasury.’’. fund the child support program comes ambiguity under the AWSA implies (2) TERMINATION OF ACCOUNT.—Chapter 96 of from CSPIA incentives and matched they have a regulatory role in approv- subtitle H of such Code is amended by adding Federal funds. The Deficit Reduction ing Cragin Project operations and at the end the following new section: Act, DRA, of 2005 repealed the author- maintenance. This bill represents a ne- ‘‘SEC. 9043. TERMINATION. ity to use the earned performance in- gotiated compromise between the ‘‘The provisions of this chapter shall not centives as a match for Federal funds. agencies and our offices that appro- apply to any candidate with respect to any The bill we have introduced today re- priately clarifies each agency’s role presidential election after the date of the en- verses the funding reduction imposed actment of this section.’’. with respect to the Dam and the Fed- (c) CLERICAL AMENDMENTS.— by the DRA. eral lands surrounding it. A similar bill (1) The table of sections for chapter 95 of States are using the incentives in a was introduced during the 111th Con- subtitle H of such Code is amended by adding variety of ways. In my State of West gress and was reported with an amend- at the end the following new item: Virginia, the incentive dollars are ment by the Senate Energy and Nat- ‘‘Sec. 9014. Termination.’’. being used to invest in technology to ural Resources Committee. The version (2) The table of sections for chapter 96 of upgrade services and enhance customer we are introducing today is identical to subtitle H of such Code is amended by adding service. Thirty States or territories are the Committee reported bill. at the end the following new item: investing in staff and program oper- Speedy resolution of this jurisdic- ‘‘Sec. 9043. Termination.’’. ations. Sixteen States are investing in tional issue is urgently needed in order technology, and three others are in- to address repairs and other oper- By Mr. REID (for Mr. ROCKE- vesting in customer service programs. ational needs of the Cragin Project, in- FELLER (for himself, Mr. The Child Support Protection Act cluding planning for the future water CORNYN, Mr. KOHL, and Ms. would give States the authority to use needs of the City of Payson and other SNOWE): earned performance incentives to fund northern Arizona communities. This S. 195. A bill to reinstate Federal this important work and continue the clarification would simply provide Rec- matching of State spending of child impressive results that are being lamation with the oversight responsi- support incentive payments; to the achieved. This permanent reversal is bility that Congress originally in- Committee on Finance. critical so that those in State and local tended. I urge my colleagues to support Mr. ROCKEFELLER. Mr. President, government can budget for the future. this bill. today, I rise to introduce the Child I urge my colleagues in the Senate to By Mr. PAUL (for himself, Mr. Support Protection Act of 2011 with my cosponsor this much needed legislation colleagues, Senators CORNYN, KOHL, DEMINT, and Mr. VITTER): that is not only important to child sup- S. 202. A bill to require a full audit of and SNOWE. This bill continues the port enforcement, but our children, the Board of Governors of the Federal long-standing, bipartisan support of their families, and the States. Reserve System and the Federal re- Congress for the Child Support En- serve banks by the Comptroller Gen- forcement program, which began with By Mr. MCCAIN (for himself and eral of the United States before the end the passage of the authorizing legisla- Mr. KYL): of 2012, and for other purposes; to the tion in 1974. S. 201. A bill to clarify the jurisdic- Committee on Banking, Housing, and Child support enforcement is a strong tion of the Secretary of the Interior Urban Affairs. partnership between the Federal Gov- with respect to the C.C. Cragin Dam Mr. PAUL. Mr. President, I ask unan- ernment and State governments to and Reservoir, and for other purposes; imous consent that the text of the bill help parents provide long-term support to the Committee on Energy and Nat- be printed in the RECORD. for their children. It includes a net- ural Resources. There being no objection, the text of work of 60,000 dedicated staff serving 17 Mr. MCCAIN. Mr. President, I am the bill was ordered to be printed in million children across this country. It pleased to be joined by my colleague, the RECORD, as follows: provided $24.4 billion to children in Senator KYL, in introducing a bill that S. 202 2009. The Congressional Research Serv- would clarify the jurisdiction of the Be it enacted by the Senate and House of Rep- ice reports that receipt of child support Bureau of Reclamation over program resentatives of the United States of America in reduces child poverty by nearly 25 per- activities associated with the C.C. Congress assembled,

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.026 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S283 SECTION 1. SHORT TITLE. whose children are trapped in failing ical participating schools. The new This Act may be cited as the ‘‘Federal Re- schools and do not have those options. amounts are still well below the per serve Transparency Act of 2011’’. School reformers in Washington, pupil cost of educating a child in the SEC. 2. AUDIT REFORM AND TRANSPARENCY FOR through their hard work and, at times, District of Columbia public schools. THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. controversial policies, have begun to While we have kept the income ceiling (a) IN GENERAL.—Notwithstanding section make a difference for students in the for entry into the program unchanged, 714 of title 31, United States Code, or any District of Columbia. I applaud the we have increased slightly the income other provision of law, an audit of the Board work of Michelle Rhee and her team in ceiling for those already participating of Governors of the Federal Reserve System their tireless efforts to make the Dis- in the program to ensure that parents and the Federal reserve banks under sub- trict’s schools better. I am pleased that are not forced to choose between a section (b) of such section 714 shall be com- Mayor Gray has indicated he will con- modest raise in their income and the pleted before the end of 2012. tinue school reform because there is scholarship. (b) REPORT.— The most recent study conducted by (1) IN GENERAL.—A report on the audit re- much more work to do on behalf of quired under subsection (a) shall be sub- Washington’s schoolchildren. District the Department of Education’s Insti- mitted by the Comptroller General to the of Columbia test scores are on the rise tute of Education Science shows that Congress before the end of the 90-day period but even so, according to recent Na- the offer of an OSP scholarship raised a beginning on the date on which such audit is tional Assessment of Educational student’s probability of completing completed and made available to the Speak- Progress data, the District of Colum- high school by twelve percentage er of the House of Representatives, the ma- bia, while having one of the highest per points overall. The offer of a scholar- jority and minority leaders of the House of pupil expenditures in the country, set- ship improved the graduation prospects Representatives, the majority and minority by thirteen percentage points for the leaders of the Senate, the Chairman and tles at the bottom of all states in read- Ranking Member of the committee and each ing and math for both 4th and 8th high-priority group of students from subcommittee of jurisdiction in the House of grade students. District of Columbia schools designated ‘‘Schools in Need of Representatives and the Senate, and any schools also have among the lowest Improvement’’ and for those students other Member of Congress who requests it. graduation rates in the country. actually using an OSP scholarship the (2) CONTENTS.—The report under paragraph We all know that meaningful and ef- improved graduation rate went up to (1) shall include a detailed description of the fective change is slow and we still have twenty percentage points. In the Dis- findings and conclusion of the Comptroller a long way to go before we can be con- trict of Columbia, where the gradua- General with respect to the audit that is the fident that each student in the District tion rates are among the lowest in the subject of the report, together with such rec- country, this is important data that ommendations for legislative or administra- is getting the public education they de- tive action as the Comptroller General may serve. Ronald Holassie, a high school cannot be overlooked. Overall, parents determine to be appropriate. student in the OSP, expressed the im- of OSP students were more satisfied (c) REPEAL OF CERTAIN LIMITATIONS.—Sub- plications of this well when he said and felt school was safer if their child section (b) of section 714 of title 31, United ‘‘public schools in the District did not was offered or used an OSP scholarship. States Code, is amended by striking all after go bad over night and they won’t get In a landmark education speech at ‘‘in writing.’’. better over night.’’ Students cannot the outset of his presidency, President (d) TECHNICAL AND CONFORMING AMEND- wait for reforms to take effect in the Obama promised that Education Sec- MENT.—Section 714 of title 31, United States retary Arne Duncan ‘‘will use only one Code, is amended by striking subsection (f). worst of the District’s public schools— they need a good education right now if test when deciding what ideas to sup- By Mr. LIEBERMAN (for himself, they are going to be able to fulfill their port ...: It’s not whether an idea is Ms. COLLINS, Mrs. FEINSTEIN, potential. The Opportunity Scholar- liberal or conservative, but whether it Mr. ALEXANDER, and Mr. EN- ships respond to that immediate need. works.’’ By that standard, this pro- SIGN): One of the goals of the OSP is holis- gram should be continued. It is not a S. 206. A bill to reauthorize the DC tic support of the reforms that are Democratic, Republican, or Inde- Opportunity Scholarship Program, and helping to improve education in all pendent program—it is not a liberal or for other purposes; to the Committee sectors of education here in the Dis- conservative program—it is a program on Homeland Security and Govern- trict. Since 2003, Congress has sup- that puts children first. The Oppor- mental Affairs. ported a tri-sector approach by appro- tunity Scholarship Program works as Mr. LIEBERMAN. Mr. President, I priating new funds for District public evidenced by increased graduation rise today to introduce the Scholar- schools, District public charter schools rates, higher reading proficiency, and ships for Opportunity and Results and the Opportunity Scholarship Pro- the overwhelming support of District Act—SOAR—which seeks to reauthor- gram. Critics of the OSP argue that it families. I urge Republicans and Demo- ize the DC Opportunity Scholarship takes away funds from public schools. crats to rally behind the OSP program. Program or OSP. And I am proud to be That is simply not true. The scholar- Last year we had a vote on the bill that joined by a bipartisan group of Sen- ship program was intentionally de- received the support of 42 Senators. In ators in introducing this bill—Senator signed to ensure that any funding for this Congress, I will be fighting for an- COLLINS, Senator FEINSTEIN, Senator Opportunity Scholarships would not re- other vote and am confident there will ALEXANDER and Senator ENSIGN. duce funding for public schools. This be more than 50 votes to reauthorize The DC Opportunity Scholarship Pro- legislation will provide additional new the program. With these votes and the gram offers scholarships to low-income money for the District of Columbia’s strong support of Speaker BOEHNER I students, especially those from failing Public Schools, for District of Colum- am hopeful we can give students here schools, to attend private schools bia Public Charter Schools, and for the in the District the opportunities they where they can get a better education. continuation of the Opportunity Schol- deserve. This program offers District of Colum- arship Program. We have not changed Mr. President, I ask unanimous con- bia students and their families a choice the three part funding design of the sent that the text of the bill be printed that improves the quality of their edu- initiative. in the RECORD. cation and significantly increases their The SOAR Act also strengthens the There being no objection, the text of likelihood of graduating from high existing requirements for all schools the bill was ordered to be printed in school and attending college. participating in the OSP by requiring a the RECORD, as follows: Here in Washington, there are many valid certificate of occupancy and en- S. 206 families who can exercise school suring that teachers in core subjects Be it enacted by the Senate and House of Rep- choice. They can afford to live in have an appropriate college degree. resentatives of the United States of America in neighborhoods with good schools, they The bill continues to target students Congress assembled, SECTION 1. SHORT TITLE. can provide engaging supplemental and from lower income families who are at- This Act may be cited as the ‘‘Scholarships afterschool opportunities for their chil- tending those schools most in need of for Opportunity and Results Act of 2011’’ or dren, or they can choose to send their improvement and it increases the tui- the ‘‘SOAR Act’’. children to private schools. However, tion amounts slightly to levels con- SEC. 2. FINDINGS. there are many low-income families sistent with the tuition charged at typ- Congress finds the following:

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APPLICATIONS. sions for their children, including the edu- also was found to result in significantly (a) IN GENERAL.—In order to receive a cational setting that will best serve the in- higher graduation rates for DC OSP stu- grant under section 4(a), an eligible entity terests and educational needs of their child. dents. shall submit an application to the Secretary (2) For many parents in the District of Co- (7) The DC OSP is a program that offers at such time, in such manner, and accom- lumbia, public school choice provided under families in need, in the District of Columbia, panied by such information as the Secretary the Elementary and Secondary Education important alternatives while public schools may require. Act of 1965, as amended by the No Child Left are improved. This program should be reau- (b) CONTENTS.—The Secretary may not ap- Behind Act of 2001, as well as under other thorized as 1 part of a 3-part comprehensive prove the request of an eligible entity for a public school choice programs, is inadequate. funding strategy for the District of Columbia grant under section 4(a) unless the entity’s More educational options are needed to en- school system that provides new and equal application includes— sure all families in the District of Columbia funding for public schools, public charter (1) a detailed description of— have access to a quality education. In par- schools, and opportunity scholarships for (A) how the entity will address the prior- ities described in section 6; ticular, funds are needed to provide low-in- students to attend private schools. come parents with enhanced public opportu- (B) how the entity will ensure that if more SEC. 3. PURPOSE. eligible students seek admission in the pro- nities and private educational environments, The purpose of this Act is to provide low- gram than the program can accommodate, regardless of whether such environments are income parents residing in the District of eligible students are selected for admission secular or nonsecular. Columbia, particularly parents of students through a random selection process which (3) While the per-student cost for students who attend elementary schools or secondary gives weight to the priorities described in in the public schools of the District of Co- schools identified for improvement, correc- section 6; lumbia is one of the highest in the United tive action, or restructuring under section States, test scores for such students con- 1116 of the Elementary and Secondary Edu- (C) how the entity will ensure that if more tinue to be among the lowest in the Nation. cation Act of 1965 (20 U.S.C. 6316), with ex- participating eligible students seek admis- The National Assessment of Educational panded opportunities for enrolling their chil- sion to a participating school than the Progress (NAEP), an annual report released dren in other schools in the District of Co- school can accommodate, participating eligi- by the National Center for Education Statis- lumbia, at least until the public schools in ble students are selected for admission tics, reported in its 2009 study that students the District of Columbia have adequately ad- through a random selection process; in the District of Columbia were being out- dressed shortfalls in health, safety, and secu- (D) how the entity will notify parents of el- performed by every State in the Nation. On rity, and the students in the District of Co- igible students of the expanded choice oppor- the 2009 NAEP, 56 percent of fourth grade lumbia public schools are testing in mathe- tunities in order to allow the parents to students scored ‘‘below basic’’ in reading, matics and reading at or above the national make informed decisions; and 44 percent scored ‘‘below basic’’ in math- average. (E) the activities that the entity will carry ematics. Among eighth grade students, 49 SEC. 4. GENERAL AUTHORITY. out to provide parents of eligible students with expanded choice opportunities through percent scored ‘‘below basic’’ in reading and (a) AUTHORITY.—From amounts made 60 percent scored ‘‘below basic’’ in mathe- available to carry out this section in accord- the awarding of scholarships under section matics. On the 2009 NAEP reading assess- ance with section 14(b)(1), the Secretary 7(a); ment, only 17 percent of the District of Co- shall award grants on a competitive basis to (F) how the entity will determine the lumbia fourth grade students could read pro- eligible entities with approved applications amount that will be provided to parents for ficiently, while only 13 percent of the eighth under section 5 to carry out a program to the tuition, fees, and transportation ex- grade students scored at the proficient or ad- provide eligible students with expanded penses, if any; vanced level. school choice opportunities. The Secretary (G) how the entity will— (4) In 2003, Congress passed the DC School may award a single grant or multiple grants, (i) seek out private elementary schools and Choice Incentive Act of 2003 (Public Law 108– depending on the quality of applications sub- secondary schools in the District of Colum- 199, 118 Stat. 126), to provide opportunity mitted and the priorities of this Act. bia to participate in the program; and scholarships to parents of students in the (b) DURATION OF GRANTS.—The Secretary (ii) ensure that participating schools will District of Columbia to enable them to pur- shall make grants under this section for a meet the reporting and other requirements sue a high quality education at a public or period of not more than 5 years. of this Act, and accommodate site visits in private elementary or secondary school of (c) MEMORANDUM OF UNDERSTANDING.— accordance with section 7(a)(4)(D); their choice. The DC opportunity scholarship (1) IN GENERAL.—The Secretary and the (H) how the entity will ensure that partici- program (DC OSP) under such Act was part Mayor of the District of Columbia shall pating schools are financially responsible of a comprehensive 3-part funding arrange- enter into a memorandum of understanding and will use the funds received under a grant ment that also included additional funds for regarding the implementation of the pro- under section 4(a) effectively; the District of Columbia public schools, and gram authorized under subsection (a) and the (I) how the entity will address the renewal additional funds for public charter schools of funding described in paragraphs (2) and (3) of of scholarships to participating eligible stu- the District of Columbia. The intent of the section 14(b). dents, including continued eligibility; and approach was to ensure that progress would (2) CONTENTS.—The memorandum of under- (J) how the entity will ensure that a ma- continue to be made to improve public standing shall address how the Mayor of the jority of its voting board members or gov- schools and public charter schools, and that District of Columbia will ensure that the erning organization are residents of the Dis- funding for the opportunity scholarship pro- public schools and the public charter schools trict of Columbia; and gram would not lead to a reduction in fund- of the District of Columbia comply with all (2) an assurance that the entity will com- ing for the District of Columbia public and reasonable requests for information as nec- ply with all requests regarding any evalua- charter schools. Resources would be avail- essary to fulfill the requirements for evalua- tion carried out under section 9. able for a variety of educational options that tions conducted under section 9. SEC. 6. PRIORITIES. would give families in the District of Colum- (d) SPECIAL RULES.— In awarding grants under section 4(a), the bia a range of choices with regard to the edu- (1) USE OF FUNDS.—Notwithstanding any Secretary shall give priority to applications cation of their children. other provision of law, funds appropriated from eligible entities that will most effec- (5) The DC OSP was established in accord- for the DC opportunity scholarship program tively— ance with the U.S. Supreme Court decision, under the Omnibus Appropriations Act, 2009 (1) give priority to eligible students who, Zelman v. Simmons-Harris, 536 U.S. 639 (Public Law 111–8, 123 Stat. 654), the Consoli- in the school year preceding the school year (2002), which found that a program enacted dated Appropriations Act of 2010 (Public Law for which the eligible student is seeking a for the valid secular purpose of providing 111–117, 123 Stat. 3181), or any other Act, scholarship, attended an elementary school educational assistance to low-income chil- shall be available until expended and may be or secondary school identified for improve- dren in a demonstrably failing public school used to provide opportunity scholarships ment, corrective action, or restructuring system is constitutional if it is neutral with under section 7 to new applicants. under section 1116 of the Elementary and respect to religion and provides assistance to (2) REPEAL OF SITE INSPECTION AND REPORT- Secondary Education Act of 1965 (20 U.S.C. a broad class of citizens who direct govern- ING REQUIREMENTS.—The fourth and fifth pro- 6316); ment aid to religious and secular schools visos under the heading ‘‘Federal Payment (2) give priority to students whose house- solely as a result of their genuine and inde- for School Improvement’’ of title IV of Divi- hold includes a sibling or other child who is pendent private choices. sion C of the Consolidated Appropriations already participating in the program of the (6) Since the inception of the DC OSP, it Act of 2010 (Public Law 111–117, 123 Stat. 3182) eligible entity under section 4(a), regardless has consistently been oversubscribed. Par- are repealed. Any unobligated amounts re- of whether such students have, in the past, ents express strong support for the oppor- served to carry out such provisos shall be been assigned as members of a control study tunity scholarship program. Rigorous stud- made available to an eligible entity for ad- group for the purposes of an evaluation ies of the program by the Institute of Edu- ministrative purposes or for opportunity under section 9; cation Sciences have shown significant im- scholarships under a grant under subsection (3) target resources to students and fami- provements in parental satisfaction and in (a), including for opportunity scholarships lies that lack the financial resources to take reading scores that are more dramatic when for new applicants for the 2011–2012 school advantage of available educational options; only those students consistently using the year. and

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(4) provide students and families with the (F) ensures that each teacher of core sub- (d) RELIGIOUSLY AFFILIATED SCHOOLS.— widest range of educational options. ject matter in the school has a baccalaureate (1) IN GENERAL.—Notwithstanding any SEC. 7. USE OF FUNDS. degree or equivalent degree. other provision of law, a school participating (a) OPPORTUNITY SCHOLARSHIPS.— (b) ADMINISTRATIVE EXPENSES.—An eligible in any program under this Act that is oper- (1) IN GENERAL.—Subject to paragraphs (2) entity receiving a grant under section 4(a) ated by, supervised by, controlled by, or con- and (3), an eligible entity receiving a grant may use not more than 3 percent of the nected to, a religious organization may exer- under section 4(a) shall use the grant funds amount provided under the grant each year cise its right in matters of employment con- to provide eligible students with opportunity for the administrative expenses of carrying sistent with title VII of the Civil Rights Act scholarships to pay the tuition, fees, and out its program under such section during of 1964 (42 U.S.C. 2000e–1 et seq.), including transportation expenses, if any, to enable the year, including— the exemptions in such title. the eligible students to attend the District of (1) determining the eligibility of students (2) MAINTENANCE OF PURPOSE.—Notwith- Columbia private elementary school or sec- to participate; standing any other provision of law, funds ondary school of their choice beginning in (2) selecting eligible students to receive made available under section 7(a) to eligible school year 2011–2012. Each such eligible enti- scholarships; students, which are used at a participating ty shall ensure that the amount of any tui- (3) determining the amount of scholarships school as a result of their parents’ choice, tion or fees charged by a school participating and issuing the scholarships to eligible stu- shall not, consistent with the first amend- in such eligible entity’s program under sec- dents; and ment of the United States Constitution, ne- tion 4(a) to an eligible student participating (4) compiling and maintaining financial cessitate any change in the participating in the program does not exceed the amount and programmatic records. school’s teaching mission, require any par- of tuition or fees that the school charges to (c) PARENTAL ASSISTANCE.—An eligible en- ticipating school to remove religious art, students who do not participate in the pro- tity receiving a grant under section 4(a) may icons, scriptures, or other symbols, or pre- gram. use not more than 2 percent of the amount clude any participating school from retain- (2) PAYMENTS TO PARENTS.—An eligible en- provided under the grant each year for the ing religious terms in its name, selecting its tity receiving a grant under section 4(a) expenses of educating parents about the pro- board members on a religious basis, or in- shall make scholarship payments under the gram under this Act and assisting parents cluding religious references in its mission program under section 4(a) to the parent of through the application process under this statements and other chartering or gov- the eligible student participating in the pro- Act during the year, including— erning documents. gram, in a manner which ensures that such (1) providing information about the pro- (e) RULE OF CONSTRUCTION.—A scholarship (or any other form of support provided to payments will be used for the payment of gram and the participating schools to par- parents of eligible students) provided under tuition, fees, and transportation expenses (if ents of eligible students; section 7(a) shall be considered assistance to any), in accordance with this Act. (2) providing funds to assist parents of stu- the student and shall not be considered as- (3) AMOUNT OF ASSISTANCE.— dents in meeting expenses that might other- (A) VARYING AMOUNTS PERMITTED.—Subject sistance to the school that enrolls the eligi- wise preclude the participation of eligible ble student. The amount of any such scholar- to the other requirements of this section, an students in the program; and eligible entity receiving a grant under sec- ship (or other form of support provided to (3) streamlining the application process for parents of an eligible student) shall not be tion 4(a) may award scholarships in larger parents. amounts to those eligible students with the treated as income of the parents for purposes (d) STUDENT ACADEMIC ASSISTANCE.—An el- greatest need. of Federal tax laws or for determining eligi- igible entity receiving a grant under section bility for any other Federal program. (B) ANNUAL LIMIT ON AMOUNT.— 4(a) may use not more than 1 percent of the (i) LIMIT FOR SCHOOL YEAR 2011–2012.—The SEC. 9. EVALUATIONS. amount provided under the grant each year (a) IN GENERAL.— amount of assistance provided to any eligi- for expenses to provide tutoring services to ble student by an eligible entity under a pro- (1) DUTIES OF THE SECRETARY AND THE participating eligible students that need ad- gram under section 4(a) for school year 2011– MAYOR.—The Secretary and the Mayor of the ditional academic assistance in the students’ 2012 may not exceed— District of Columbia shall— new schools. If there are insufficient funds to (I) $8,000 for attendance in kindergarten (A) jointly enter into an agreement with pay for these costs for all such students, the through grade 8; and the Institute of Education Sciences of the eligible entity shall give priority to students (II) $12,000 for attendance in grades 9 Department of Education to evaluate annu- who previously attended an elementary through 12. ally the performance of students who re- school or secondary school that was identi- (ii) CUMULATIVE INFLATION ADJUSTMENT.— ceived scholarships under the 5-year program fied for improvement, corrective action, or The limits described in clause (i) shall apply under section 4(a), and the Mayor shall en- restructuring under section 1116 of the Ele- for each school year following school year sure that, for the purposes of this evalua- 2011–2012, except that the Secretary shall ad- mentary and Secondary Education Act of tion, all public and public charter schools of just the maximum amounts of assistance (as 1965 (20 U.S.C. 6316) as of the time the stu- the District of Columbia comply with all described in clause (i) and adjusted under dent attended the school. reasonable requests for information; this clause for the preceding year) for infla- SEC. 8. NONDISCRIMINATION. (B) jointly enter into an agreement to tion, as measured by the percentage in- (a) IN GENERAL.—An eligible entity or a monitor and evaluate the use of funds au- crease, if any, from the preceding fiscal year school participating in any program under thorized and appropriated under paragraphs in the Consumer Price Index for All Urban this Act shall not discriminate against pro- (2) and (3) of section 14(b) for the public Consumers, published by the Bureau of gram participants or applicants on the basis schools and public charter schools of the Dis- Labor Statistics of the Department of Labor. of race, color, national origin, religion, or trict of Columbia; and (4) PARTICIPATING SCHOOL REQUIREMENTS.— sex. (C) make the evaluations public in accord- None of the funds provided under subsection (b) APPLICABILITY AND SINGLE SEX ance with subsection (c). (a) for opportunity scholarships may be used SCHOOLS, CLASSES, OR ACTIVITIES.— (2) DUTIES OF THE SECRETARY.—The Sec- by an eligible student to enroll in a partici- (1) IN GENERAL.—Notwithstanding any retary, through a grant, contract, or cooper- pating private school unless the partici- other provision of law, the prohibition of sex ative agreement, shall— pating school— discrimination in subsection (a) shall not (A) ensure that the evaluation under para- (A) has and maintains a valid certificate of apply to a participating school that is oper- graph (1)(A) is conducted using the strongest occupancy issued by the District of Colum- ated by, supervised by, controlled by, or con- possible research design for determining the bia; nected to a religious organization to the ex- effectiveness of the program funded under (B) makes readily available to all prospec- tent that the application of subsection (a) is section 4(a) that addresses the issues de- tive students information on its school ac- inconsistent with the religious tenets or be- scribed in paragraph (4); and creditation; liefs of the school. (B) disseminate information on the impact (C) in the case of a school that has been op- (2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVI- of the program in increasing the academic erating for 5 years or less, submits to the eli- TIES.—Notwithstanding subsection (a) or any growth and achievement of participating gible entity administering the program proof other provision of law, a parent may choose students, and on the impact of the program of adequate financial resources reflecting the and a school may offer a single sex school, on students and schools in the District of Co- financial sustainability of the school and the class, or activity. lumbia. school’s ability to be in operation through (3) APPLICABILITY.—For purposes of this (3) DUTIES OF THE INSTITUTE OF EDUCATION the school year; Act, the provisions of section 909 of the Edu- SCIENCES.—The Institute of Education (D) agrees to submit to site visits as deter- cation Amendments of 1972 (20 U.S.C. 1688) Sciences shall— mined to be necessary by the eligible entity, shall apply to this Act as if section 909 of the (A) use a grade appropriate measurement except that a participating school shall not Education Amendments of 1972 (20 U.S.C. each school year to assess participating eli- be required to submit to more than one site 1688) were part of this Act. gible students; visit per year; (c) CHILDREN WITH DISABILITIES.—Nothing (B) measure the academic achievement of (E) has financial systems, controls, poli- in this Act may be construed to alter or all participating eligible students; and cies, and procedures to ensure that funds are modify the provisions of the Individuals with (C) work with the eligible entities to en- used in accordance with the requirements of Disabilities Education Act (20 U.S.C. 1400 et sure that the parents of each student who ap- this Act; and seq.). plies for an opportunity scholarship under a

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OTHER REQUIREMENTS FOR PARTICI- SEC. 10. REPORTING REQUIREMENTS. PATING SCHOOLS. that nothing in this subparagraph shall af- (a) ACTIVITIES REPORTS.—Each eligible en- (a) REQUESTS FOR DATA AND INFORMA- fect a student’s priority for an opportunity tity receiving funds under section 4(a) during TION.—Each school participating in a pro- scholarship as provided under section 6(2). a year shall submit a report to the Secretary gram funded under section 4(a) shall comply (4) ISSUES TO BE EVALUATED.—The issues to not later than July 30 of the following year with all requests for data and information be evaluated include— regarding the activities carried out with the regarding evaluations conducted under sec- (A) a comparison of the academic growth funds during the preceding year. and achievement of participating eligible tion 9(a). (b) ACHIEVEMENT REPORTS.— students in the measurements described in (1) IN GENERAL.—In addition to the reports (b) RULES OF CONDUCT AND OTHER SCHOOL this section with the academic growth and required under subsection (a), each grantee POLICIES.—Each school participating in a achievement of eligible students in the same receiving funds under section 4(a) shall, not program funded under section 4(a), including grades in the public schools and public char- later than September 1 of the year during each participating school described in sec- ter schools of the District of Columbia, who which the second academic year of the grant- tion 8(d), may require eligible students to sought to participate in the scholarship pro- ee’s program is completed and each of the abide by any rules of conduct and other re- gram but were not selected; next 2 years thereafter, submit to the Sec- quirements applicable to all other students (B) the success of the program in expand- retary a report, including any pertinent data at the school. ing choice options for parents, improving pa- collected in the preceding 2 academic years, rental and student satisfaction, and increas- (c) NATIONALLY NORM-REFERENCED STAND- concerning— ing parental involvement in the education of ARDIZED TESTS.— (A) the academic growth and achievement their children; (1) IN GENERAL.—Each school participating of students participating in the program; (C) the reasons parents choose for their in a program funded under section 4(a) shall (B) the graduation and college admission children to participate in the program; administer a nationally norm-referenced rates of students who participate in the pro- (D) a comparison of the retention rates, standardized test in reading and mathe- gram, where appropriate; and dropout rates, and (if appropriate) gradua- matics to each student enrolled in the school (C) parental satisfaction with the program. tion and college admission rates of students who is receiving an opportunity scholarship. (2) PROHIBITING DISCLOSURE OF PERSONAL who participate in the program funded under The results of such test shall be reported to INFORMATION.—No report under this sub- section 4(a), as compared to the retention the student’s parents or legal guardians and section may contain any personally identifi- rates, dropout rates, and (if appropriate) to the Secretary, through the Institute of able information. graduation and college admission rates of Education Sciences of the Department of (c) REPORTS TO PARENT.— students of similar backgrounds who do not Education, for the purposes of conducting (1) IN GENERAL.—Each grantee receiving participate in such program; the evaluation under section 9. funds under section 4(a) shall ensure that (E) the impact of the program on students, (2) MAKE-UP SESSION.—If a school partici- each school participating in the grantee’s and public elementary schools and secondary pating in a program funded under section program under this Act during a year reports schools, in the District of Columbia; 4(a) does not administer a nationally norm- at least once during the year to the parents (F) a comparison of the safety of the referenced standardized test or the Institute of each of the school’s students who are par- schools attended by students who participate of Education Sciences does not receive data ticipating in the program on— in the program funded under section 4(a) and regarding the results of such test for a stu- (A) the student’s academic achievement, as the schools attended by students who do not dent who is receiving an opportunity schol- measured by a comparison with the aggre- participate in the program, based on the per- arship, then the Secretary, acting through gate academic achievement of other partici- ceptions of the students and parents and on the Institute of Education Sciences, shall ad- pating students at the student’s school in objective measures of safety; minister such test not less than once during the same grade or level, as appropriate, and (G) such other issues as the Secretary con- each school year to each student receiving the aggregate academic achievement of the siders appropriate for inclusion in the eval- an opportunity scholarship. student’s peers at the student’s school in the uation; and same grade or level, as appropriate; SEC. 12. DEFINITIONS. (H) an analysis of the issues described in (B) the safety of the school, including the In this Act: subparagraphs (A) through (G) with respect incidence of school violence, student suspen- (1) ELEMENTARY SCHOOL.—The term ‘‘ele- to the subgroup of eligible students partici- sions, and student expulsions; and mentary school’’ means an institutional day pating in the program funded under section (C) the accreditation status of the school. or residential school, including a public ele- 4(a) who consistently use the opportunity (2) PROHIBITING DISCLOSURE OF PERSONAL mentary charter school, that provides ele- scholarships to attend a participating INFORMATION.—No report under this sub- mentary education, as determined under Dis- school. section may contain any personally identifi- trict of Columbia law. (5) PROHIBITION.—Personally identifiable able information, except as to the student (2) ELIGIBLE ENTITY.—The term ‘‘eligible information regarding the results of the who is the subject of the report to that stu- entity’’ means any of the following: measurements used for the evaluations may dent’s parent. (A) A nonprofit organization. not be disclosed, except to the parents of the (d) REPORT TO CONGRESS.— (B) A consortium of nonprofit organiza- student to whom the information relates. (1) REPORTS BY SECRETARY.—The Secretary tions. (b) REPORTS.—The Secretary shall submit to the Committees on Appropriations, Edu- shall submit to the Committees on Appro- (3) ELIGIBLE STUDENT.—The term ‘‘eligible cation and the Workforce, and Oversight and priations, Education and the Workforce, and student’’ means a student who is a resident Government Reform of the House of Rep- Oversight and Government Reform of the of the District of Columbia and comes from resentatives and the Committees on Appro- House of Representatives, and the Commit- a household— priations, Health, Education, Labor, and tees on Appropriations, Health, Education, (A) receiving assistance under the supple- Pensions, and Homeland Security and Gov- Labor, and Pensions, and Homeland Security mental nutrition assistance program estab- ernmental Affairs of the Senate— and Governmental Affairs of the Senate, an lished under the Food and Nutrition Act of (1) annual interim reports, not later than annual report on the findings of the reports 2008 (7 U.S.C. 2011 et seq.); or December 1 of each year for which a grant is submitted under subsections (a) and (b). (B) whose income does not exceed— made under section 4(a), on the progress and (2) REPORTS BY MAYOR.—In order for funds (i) 185 percent of the poverty line; or preliminary results of the evaluation of the under paragraphs (2) and (3) of section 14(b) (ii) in the case of a student participating in program funded under such section; and to be made available to the District of Co- the program under this Act in the preceding (2) a final report, not later than 1 year lumbia, the Mayor of the District of Colum- year, 300 percent of the poverty line. after the final year for which a grant is made bia shall submit to the Committees on Ap- (4) PARENT.—The term ‘‘parent’’ has the under section 4(a), on the results of the eval- propriations, the Committee on Education meaning given that term in section 9101 of uation of the program funded under such sec- and the Workforce, and the Committee on the Elementary and Secondary Education tion. Oversight and Government Reform, of the Act of 1965 (20 U.S.C. 7801). (c) PUBLIC AVAILABILITY.—All reports and House of Representatives, and the Com- (5) POVERTY LINE.—The term ‘‘poverty underlying data gathered pursuant to this mittee on Appropriations, the Committee on line’’ has the meaning given that term in section shall be made available to the public Health, Education, Labor, and Pensions, and section 9101 of the Elementary and Sec- upon request, in a timely manner following the Committee on Homeland Security and ondary Education Act of 1965 (20 U.S.C. 7801). submission of the applicable report under Governmental Affairs of the Senate, infor- (6) SECONDARY SCHOOL.—The term ‘‘sec- subsection (b), except that personally identi- mation on— ondary school’’ means an institutional day

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.031 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S287 or residential school, including a public sec- that the educational success of the pro- also being replicated in the House with ondary charter school, that provides sec- gram’s participants in reading has out- a bill introduced by Speaker BOEHNER. ondary education, as determined under Dis- paced those in DC public schools. One of the reasons that I so strongly trict of Columbia law, except that the term Approximately 6 years ago, leaders in believe in the three-sector approach to does not include any education beyond grade funding for education in the District is 12. the District of Columbia became frus- that it reaffirms Congress’ commit- (7) SECRETARY.—The term ‘‘Secretary’’ trated with institutionalized failure means the Secretary of Education. within the public school system, and ment to improving educational out- SEC. 13. TRANSITION PROVISIONS. designed a unique ‘‘three-sector’’ strat- comes and opportunities, not just for (a) REPEAL.—The DC School Choice Incen- egy that provided new funding for pub- the students attending private schools, tive Act of 2003 (title III of division C of the lic schools, public charter schools and but also for all students in the Dis- Consolidated Appropriations Act, 2004 (Pub- new educational options for needy chil- trict—including those attending DC lic Law 108–199; 118 Stat. 126)) is repealed. dren. Working with the District, Con- public and charter schools. (b) REAUTHORIZATION OF PROGRAM.—This gress and the Bush administration then I know that each of us shares the Act shall be deemed to be the reauthoriza- implemented the DC School Choice In- common goal of ensuring that all stu- tion of the District of Columbia opportunity dents in the District are receiving the scholarship program under the DC School centive Act in 2004, giving birth to the Choice Incentive Act of 2003. DC Opportunity Scholarship Program. highest quality education, which is (c) ORDERLY TRANSITION.—Subject to sub- The program is the first to provide why it is incumbent upon us to act and sections(d) and (e), the Secretary shall take federally funded scholarships to stu- to act now to fully reauthorize the DC such steps as the Secretary determines to be dents, and has enabled low-income stu- Opportunity Scholarship Program. appropriate to provide for the orderly transi- dents from the District of Columbia By Mr. KOHL (for himself, Mrs. tion to the authority of this Act from any public school system to attend the authority under the provisions of the DC FEINSTEIN, Mr. DURBIN, Mr. independent-private or parochial School Choice Incentive Act of 2003 (Public LEAHY, Mr. REID, Mr. LAUTEN- school of their choice. For many of Law 108–199; 118 Stat. 126), as the DC School BERG, Mrs. BOXER, Mr. Choice Incentive Act of 2003 was in effect on these students, this was their first op- WHITEHOUSE, and Ms. the day before the date of enactment of this portunity to access a high-quality edu- Act. KLOBUCHAR): cation. S. 207. A bill to amend the Omnibus (d) RULE OF CONSTRUCTION.—Nothing in In March 2009, the Department of Crime Control and Safe Streets Act of this Act or a repeal made by this Act shall Education released its evaluation of 1968 to enhance the COPS ON THE be construed to alter or affect the memo- the program’s impact after three years, randum of understanding entered into with BEAT grant program, and for other which showed that overall, students of- the District of Columbia, or any grant or purposes; to the Committee on the Ju- contract awarded, under the DC School fered scholarships had higher reading diciary. Choice Incentive Act of 2003 (Public Law 108– achievement than those not offered Mr. KOHL. Mr. President, I rise 199; 118 Stat. 126), as the DC School Choice scholarships—the equivalent of an ad- today with Senators LEAHY, REID, Incentive Act of 2003 was in effect on the day ditional three months of learning. WHITEHOUSE and others to introduce before the date of enactment of this Act. Studies have also shown that parents (e) MULTI-YEAR AWARDS.—The recipient of the COPS Improvement Act of 2011. were overwhelmingly satisfied with This legislation would reauthorize and a multi-year grant or contract award under their children’s experience in the pro- the DC School Choice Incentive Act of 2003 make improvements to one of the De- (Public Law 108–199; 118 Stat. 126), as the DC gram. Common reasons for this higher partment of Justice’s most successful School Choice Incentive Act of 2003 was in ef- level of satisfaction included, apprecia- efforts to fight crime, the Community fect on the day before the date of enactment tion for the ability to choose their Oriented Policing Services, COPS, pro- of this Act, shall continue to receive funds in child’s school, the success their chil- gram. accordance with the terms and conditions of dren are having in new school environ- The success story of the COPS pro- such award. ments, and the support provided by the gram has been told many times, but it SEC. 14. AUTHORIZATION OF APPROPRIATIONS. DC Children and Youth Investment is worth repeating. The goal in 1994 was (a) AUTHORIZATION OF APPROPRIATIONS.— Trust Corporation, which runs the pro- to put an additional 100,000 cops on the There are authorized to be appropriated to gram. carry out this Act, for the uses described in beat. Over the next 5 years, from 1995 In May 2009, Chairman LIEBERMAN subsection (b), $60,000,000 for fiscal year 2012 to 1999, the COPS Universal Hiring Pro- and each of the 4 succeeding fiscal years. and I held a compelling hearing in the gram distributed nearly $1 billion per (b) USE OF FUNDS AUTHORIZED UNDER THIS Homeland Security and Governmental year in grants to state and local law ACT.—For each fiscal year, any amount ap- Affairs Committee where we heard the enforcement agencies in all 50 states to propriated to carry out this Act shall be personal success stories of current and hire additional law enforcement offi- equally divided among— former participants in the program. cers, allowing us to achieve our goal of (1) the Secretary, in order to carry out the Their testimony helped to highlight 100,000 new officers. District of Columbia opportunity scholarship the real-world implications of dis- Common sense told the American program established under section 4(a); continuing the program. (2) the District of Columbia Public people that having more police walking Schools, in order to improve public school Ronald Holassie, then a junior at the beat would lead to less crime, and education in the District of Columbia; and Archbishop Carroll, gave compelling our experience with the COPS program (3) the State Education Office of the Dis- testimony about the impact this pro- proved that to be true. This unprece- trict of Columbia, in order to expand quality gram has had on his life. His mother dented effort to put more police offi- public charter schools in the District of Co- was so concerned about the education cers in our communities coincided with lumbia. he had been receiving that she was con- significant reductions in crime during Ms. COLLINS. Mr. President, I am sidering sending him to school in her the 1990s. As the number of police rose, pleased to be joining Senator home country of Trinidad, until she we saw 8 consecutive years of reduc- LIEBERMAN in introducing the Scholar- found out about the Opportunity tions in crime. Few programs can ships for Opportunity and Results Act Scholarship Program. Ronald said claim such a clear record of success. of 2011, also known as the SOAR Act. something very near the end of our Unfortunately, the success of the This important piece of legislation will hearing in response to a question from COPS program led some to declare vic- reauthorize the DC Opportunity Schol- a member of the Committee that I also tory. Beginning in 2001, funding for the arship Program, which has successfully found enlightening. He said, ‘‘DC COPS program came under attack. provided additional educational op- schools didn’t get bad over night, and President Bush proposed cuts to state tions for some of our nation’s most at- they aren’t going to get better over- and local law enforcement programs risk children. night either.’’ The program is critical that totaled well over $1 billion during Sadly, DC’s public schools continue to that improvement. his tenure. Despite bipartisan efforts in to underperform despite a per-pupil ex- Based on what we have learned over Congress to prevent those cuts, state penditure rate that is one of the high- the past few years, Chairman and local law enforcement funding con- est in the nation. Experts have care- LIEBERMAN and I drafted a bipartisan sistently declined. Ultimately, the ad- fully studied the DC Opportunity bill to reauthorize the DC Opportunity ministration succeeded in eliminating Scholarship Program and concluded Scholarship Program. This effort is the COPS Hiring Program in 2005.

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.031 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S288 CONGRESSIONAL RECORD — SENATE January 26, 2011 These cuts have been felt by the peo- community safety. Furthermore, by ferred to in this subsection as the ‘COPS Of- ple who work tirelessly every day to hiring more officers we will be better fice’). keep our communities safe, and the able to combat the crime that harms ‘‘(2) DIRECTOR.—The COPS Office shall be consequences have been real. Cities our economy by driving business oppor- headed by a Director who shall— ‘‘(A) appointed by the Attorney General; across the country have seen the size of tunities out of distressed neighbor- and their police forces reduced. Many cities hoods, taking with them economic op- ‘‘(B) have final authority over all grants, have hundreds of vacancies on their portunity. cooperative agreements, and contracts forces that they cannot afford to fill. The COPS Improvement Act of 2011 awarded by the COPS Office. They have been forced to choose be- would authorize $900 million per year ‘‘(b) GRANT AUTHORIZATION.—The Attorney tween keeping officers employed and over six years for the COPS program. It General shall carry out grant programs buying vital equipment. The men and would allocate $500 million per year for under which the Attorney General makes women who have sworn to protect us the hiring officers, $150 million for grants to States, units of local government, from ever-evolving threats cannot go community prosecutors, and $250 mil- Indian tribal governments, other public and private entities, and multi-jurisdictional or without either. lion per year for technology grants. regional consortia for the purposes described Over the past several years, there has To be sure, some will argue that $900 in subsections (c), (d), (e), and (f).’’; been a bipartisan effort in Congress to million is too large a price tag. But it (4) in subsection (c), as so redesignated— renew our commitment to local law en- is hard to put a price tag on the secu- (A) in the heading, by striking ‘‘uses of forcement by restoring COPS funding. rity of our communities. Investing grant amounts.—’’ and inserting ‘‘COMMU- In 2009, we dedicated $1 billion to the money in such a successful program NITY POLICING AND CRIME PREVENTION COPS program through the American with such an important goal is cer- GRANTS’’; Recovery and Reinvestment Act. These tainly worth the cost. We must also re- (B) in paragraph (3), by striking ‘‘, to in- funds helped state, local, and tribal law member that preventing crime from crease the number of officers deployed in community-oriented policing’’; enforcement agencies create and pre- occurring saves taxpayers from the (C) in paragraph (4), by inserting ‘‘or serve thousands of law enforcement po- costs associated with victim assistance train’’ after ‘‘pay for’’; sitions. This boost has gone a long way and incarceration. For that reason, a (D) by striking paragraph (9); to help many departments weather the recent report by the Brookings Institu- (E) by redesignating paragraphs (5) economic downturn, but need is great— tion found ‘‘COPS . . . to be one of the through (8) as paragraphs (6) through (9), re- the COPS Office received nearly 7,300 most cost-effective options available spectively; applications requesting 39,000 officers for fighting crime.’’ (F) by inserting after paragraph (4) the fol- and $8.3 billion in funds in response to It is difficult to overstate the impor- lowing: ‘‘(5) award grants to hire school resource this grant funding. tance of passing the COPS Improve- officers and to establish school-based part- We can all agree that local law en- ment Act. Because of the success of the nerships between local law enforcement forcement needs our unwavering sup- program and the need for a renewed agencies and local school systems to combat port. One way we can do this is to reau- commitment to it, the bill has long had crime, gangs, drug activities, and other prob- thorize the COPS program through the the support of every major law enforce- lems in and around elementary and sec- COPS Improvement Act of 2011. This ment group in the Nation, including ondary schools;’’; legislation will re-authorize hiring pro- the International Association of Chiefs (G) by striking paragraph (13); grams for three specific purposes—gen- of Police, the National Association of (H) by redesignating paragraphs (14), (15), eral community policing, local and (16) as paragraphs (13), (14), and (15), re- Police Organizations, the National spectively; counter-terrorism officers, and school Sheriffs Association, the International (I) in paragraph (15), as so redesignated, by resource officers. The bill steps up our Brotherhood of Police Organizations, striking ‘‘and’’ at the end; commitment to community policing the National Organization of Black (J) by redesignating paragraph (17) as para- and community cooperation by reau- Law Enforcement Officials, the Inter- graph (18); thorizing community prosecutor national Union of Police Associations, (K) by inserting after paragraph (15), as so grants. Technology grants that cut and the Fraternal Order of Police. redesignated, the following: down on investigation time and paper- These law enforcement officers put ‘‘(16) establish and implement innovative work are included so that officers can programs to reduce and prevent illegal drug their lives on the line every day to manufacturing, distribution, and use, includ- spend more time on the beat and less make our communities a safe place to ing the manufacturing, distribution, and use time behind a desk. The bill also cre- live, and they deserve our full support. of methamphetamine; and ates an independent COPS Office with- I urge my colleagues to support this ‘‘(17) award enhancing community policing in the Department of Justice, a step important legislation. and crime prevention grants that meet that is important to the program’s con- Mr. President, I ask unanimous con- emerging law enforcement needs, as war- tinued success and oversight. Finally, sent that the text of the bill be printed ranted.’’; and the legislation revitalizes a Troops-to- in the RECORD. (L) in paragraph (18), as so redesignated, by Cops program to encourage local police There being no objection, the text of striking ‘‘through (16)’’ and inserting the bill was ordered to be printed in ‘‘through (17)’’; agencies to hire former military per- (5) by striking subsections (h) and (i); sonnel who are honorably discharged the RECORD, as follows: (6) by redesignating subsections (j) and (k) from military service or who are dis- S. 207 as subsections (k) and (l), respectively; placed by base closings. Be it enacted by the Senate and House of Rep- (7) by redesignating subsections (d) The bill makes additional improve- resentatives of the United States of America in through (g) as subsections (g) through (j), re- ments to the COPS program by includ- Congress assembled, spectively; ing safeguards to ensure that our SECTION 1. SHORT TITLE. (8) by inserting after subsection (c), as so money is being spent wisely. For exam- This Act may be cited as the ‘‘COPS Im- redesignated, the following: ple, it will allow the COPS Office to do provements Act of 2011’’. ‘‘(d) TROOPS-TO-COPS PROGRAMS.— SEC. 2. COPS GRANT IMPROVEMENTS. ‘‘(1) IN GENERAL.—Grants made under sub- more than simply revoke or suspend a section (b) may be used to hire former mem- grant if a recipient fails to comply (a) IN GENERAL.—Section 1701 of title I of the Omnibus Crime Control and Safe Streets bers of the Armed Forces to serve as career with its terms. The COPS Office, at the Act of 1968 (42 U.S.C. 3796dd) is amended— law enforcement officers for deployment in direction of the Attorney General, (1) by striking subsection (c); community-oriented policing, particularly in would be able to take any enforcement (2) by redesignating subsection (b) as sub- communities that are adversely affected by a action available to the Department of section (c); recent military base closing. Justice, such as civil penalties or (3) by striking subsection (a) and inserting ‘‘(2) DEFINITION.—In this subsection, recoupment of funds. the following: ‘former member of the Armed Forces’ means In addition to strengthening law en- ‘‘(a) THE OFFICE OF COMMUNITY ORIENTED a member of the Armed Forces of the United States who is involuntarily separated from forcement’s ability to prevent and POLICING SERVICES.— ‘‘(1) OFFICE.—There is within the Depart- the Armed Forces within the meaning of sec- fight crime, the COPS Improvement ment of Justice, under the general authority tion 1141 of title 10, United States Code. Act directly creates jobs and helps of the Attorney General, a separate and dis- ‘‘(e) COMMUNITY PROSECUTORS PROGRAM.— local governments cope with the eco- tinct office to be known as the Office of The Attorney General may make grants nomic downturn without jeopardizing Community Oriented Policing Services (re- under subsection (b) to pay for additional

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.033 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S289 community prosecuting programs, including the duration of such renewal, to provide ad- (C) in paragraph (2), as so redesignated, by programs that assign prosecutors to— ditional funds, if the Attorney General deter- inserting ‘‘, except for the program under ‘‘(1) handle cases from specific geographic mines that the funds made available to the part Q of this title’’ before the period. areas; and recipient were used in a manner required (2) LAW ENFORCEMENT COMPUTER SYS- ‘‘(2) address counter-terrorism problems, under an approved application and if the re- TEMS.—Section 107 of title I of the Omnibus specific violent crime problems (including cipient can demonstrate significant progress Crime Control and Safe Streets Act of 1968 intensive illegal gang, gun, and drug enforce- in achieving the objectives of the initial ap- (42 U.S.C. 3712f) is amended by adding at the ment and quality of life initiatives), and lo- plication. end the following: calized violent and other crime problems ‘‘(b) NO COST EXTENSIONS.—Notwith- ‘‘(c) EXCEPTION.—This section shall not based on needs identified by local law en- standing subsection (a), the Attorney Gen- apply to any grant made under part Q of this forcement agencies, community organiza- eral may extend a grant period, without lim- title.’’. tions, and others. itations as to the duration of such extension, ‘‘(f) TECHNOLOGY GRANTS.—The Attorney to provide additional time to complete the By Mr. KERRY (for himself and General may make grants under subsection objectives of the initial grant award.’’. Ms. SNOWE): (b) to develop and use new technologies (in- (d) LIMITATION ON USE OF FUNDS.—Section S. 208. A bill to amend the Internal cluding interoperable communications tech- 1704 of title I of the Omnibus Crime Control nologies, modernized criminal record tech- and Safe Streets Act of 1968 (42 U.S.C. 3796dd– Revenue Code of 1986 to extend the 100 nology, and forensic technology) to assist 3) is amended— percent exclusion for gain on certain State and local law enforcement agencies in (1) in subsection (a), by striking ‘‘that small business stock; to the Committee reorienting the emphasis of their activities would, in the absence of Federal funds re- on Finance. from reacting to crime to preventing crime ceived under this part, be made available Mr. KERRY. Mr. President, for years and to train law enforcement officers to use from State or local sources’’ and inserting I have worked to encourage investment such technologies.’’; ‘‘that the Attorney General determines (9) in subsection (g), as so redesignated— in small businesses. We all realize that would, in the absence of Federal funds re- small businesses are the backbone of (A) in paragraph (1), by striking ‘‘to ceived under this part, be made available for States, units of local government, Indian the purpose of the grant under this part from our economy. As the economy con- tribal governments, and to other public and State or local sources’’; and tinues to recover, we must help small private entities,’’; (2) by striking subsection (c). businesses have access to capital. (B) in paragraph (2), by striking ‘‘define for (e) ENFORCEMENT ACTIONS.—Section 1706 of Many of our most successful corpora- State and local governments, and other pub- title I of the Omnibus Crime Control and tions started as small businesses, in- lic and private entities,’’ and inserting ‘‘es- Safe Streets Act of 1968 (42 U.S.C. 3796dd–5) is tablish’’; and cluding AOL, Apple Computer, Compaq amended— Computer, Datastream, Intel Corpora- (C) in the first sentence of paragraph (3), (1) in the section heading, by striking by inserting ‘‘(including regional community ‘‘REVOCATION OR SUSPENSION OF FUND- tion, and Sun Microsystems. As you policing institutes)’’ after ‘‘training centers ING’’ and inserting ‘‘ENFORCEMENT AC- can see from this partial list, many of or facilities’’; TIONS’’; and these companies played an integral (10) in subsection (i), as so redesignated— (2) by striking ‘‘revoke or suspend’’ and all role in making the Internet a reality. (A) by striking ‘‘subsection (a)’’ the first that follows and inserting ‘‘take any enforce- Investing in small businesses is es- place that term appears and inserting ‘‘para- ment action available to the Department of graphs (1) and (2) of subsection (c)’’; and sential to strengthening our economy. Justice.’’. Not only will investment in small busi- (B) by striking ‘‘in each fiscal year pursu- (f) DEFINITIONS.—Section 1709(1) of title I of ant to subsection (a)’’ and inserting ‘‘in each the Omnibus Crime Control and Safe Streets nesses spur job creation, it will lead to fiscal year for purposes described in para- Act of 1968 (42 U.S.C. 3796dd–8(1)) is amend- new technological breakthroughs. We graph (1) and (2) of subsection (c)’’; ed— are at an integral juncture in devel- (11) in subsection (j), as so redesignated— (1) by striking ‘‘who is authorized’’ and in- oping clean energy technology. I be- (A) by striking ‘‘subsection (a)’’ and insert- serting ‘‘who is a sworn law enforcement of- lieve that small businesses will repeat ing ‘‘subsection (b)’’; and ficer and is authorized’’; and the role it played at, the vanguard of (B) by striking the second sentence; (2) by inserting ‘‘, including officers for the (12) in subsection (k)(1), as so redesig- the computer revolution—by leading Amtrak Police Department’’ before the pe- the Nation in developing the tech- nated— riod at the end. (A) by striking ‘‘subsection (i) and’’; and (g) AUTHORIZATION OF APPROPRIATIONS.— nologies which result in clean energy. (B) by striking ‘‘subsection (b)’’ and insert- Section 1001(a)(11) of title I of the Omnibus Small businesses already are at the ing ‘‘subsection (c)’’; and Crime Control and Safe Streets Act of 1968 forefront of these industries, and we (13) by adding at the end the following: (42 U.S.C. 3793(a)(11)) is amended— need to do everything we can to en- ETENTION OF ADDITIONAL OFFICER ‘‘(m) R (1) in subparagraph (A), by striking POSITIONS.—For any grant under paragraph courage investment in these small ‘‘$1,047,119,000 for each of fiscal years 2006 (1) or (2) of subsection (c) for hiring or rehir- businesses. through 2009’’ and inserting ‘‘$900,000,000 for ing career law enforcement officers, a grant Today, Senator SNOWE and I are in- each of fiscal years 2012 through 2017’’; and recipient shall retain each additional law en- troducing legislation to extend the zero forcement officer position created under that (2) in subparagraph (B)— (A) in the first sentence— capital gains rate on certain small grant for not less than 12 months after the business stock and the exception from end of the period of that grant, unless the (i) by striking ‘‘3 percent’’ and inserting ‘‘5 Attorney General waives, wholly or in part, percent’’; and minimum tax preference treatment the retention requirement of a program, (ii) by striking ‘‘section 1701(d)’’ and in- through 2012. During the past two Con- project, or activity. serting ‘‘section 1701(g)’’; and gresses, Senator SNOWE and I intro- ‘‘(n) PROPORTIONALITY OF AWARDS.—The (B) by striking the second sentence and in- duced legislation which would make Attorney General shall ensure that the same serting the following: ‘‘Of the funds available permanent changes to the 50 percent for grants under part Q, not less than percentage of the total number of eligible exclusion for gain on small business applicants in each State receive a grant $500,000,000 shall be used for grants for the under this section.’’. purposes specified in section 1701(c), not stock. (b) APPLICATIONS.—Section 1702 of title I of more than $150,000,000 shall be used for Back in 1993, I worked with Senator the Omnibus Crime Control and Safe Streets grants under section 1701(e), and not more Bumpers to enact legislation to provide Act of 1968 (42 U.S.C. 3796dd–1) is amended— than $250,000,000 shall be used for grants a 50 percent exclusion for gain for indi- (1) in subsection (c)— under section 1701(f).’’. viduals from the sale of certain small (A) in the matter preceding paragraph (1), (h) PURPOSES.—Section 10002 of the Public business stock that is held for 5 years. by inserting ‘‘, unless waived by the Attor- Safety Partnership and Community Policing Since the enactment of this provision, ney General’’ after ‘‘under this part shall’’; Act of 1994 (42 U.S.C. 3796dd note) is amend- (B) by striking paragraph (8); and ed— the capital gains rate has been lowered (C) by redesignating paragraphs (9) (1) in paragraph (4), by striking ‘‘develop- without any changes to the exclusion. through (11) as paragraphs (8) through (10), ment’’ and inserting ‘‘use’’; and Due to the lower capital rates, the 50 respectively; and (2) in the matter following paragraph (4), percent exclusion no longer provided a (2) by striking subsection (d). by striking ‘‘for a period of 6 years’’. strong incentive for investment in (c) RENEWAL OF GRANTS.—Section 1703 of (i) COPS PROGRAM IMPROVEMENTS.— small businesses. title I of the Omnibus Crime Control and (1) IN GENERAL.—Section 109(b) of title I of Our efforts to improve this provision Safe Streets Act of 1968 (42 U.S.C. 3796dd–2) is the Omnibus Crime Control and Safe Streets amended to read as follows: Act of 1968 (42 U.S.C. 3712h(b)) is amended— have been successful. The American ‘‘SEC. 1703. RENEWAL OF GRANTS. (A) by striking paragraph (1); Recovery and Reinvestment Act tem- ‘‘(a) IN GENERAL.—A grant made under this (B) by redesignating paragraphs (2) and (3) porarily increased the exclusion to 75 part may be renewed, without limitations on as paragraphs (1) and (2), respectively; and percent. The Small Business Jobs Act

VerDate Mar 15 2010 05:44 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.032 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S290 CONGRESSIONAL RECORD — SENATE January 26, 2011 of 2010 temporarily increased the exclu- (1) an estimated 3,000,000 people, or nearly Whereas significant long-term challenges sion to 100 percent and the alternative 1⁄3 of the population of Haiti, have been di- remain as Haiti works to recover and re- minimum tax, AMT, preference item rectly affected by the disaster; and build; (2) an estimated 1,300,000 people were dis- for gain excluded under this provision Whereas the International Organization for placed from their homes to settlements; Migration estimates that approximately would be temporarily eliminated. Whereas casualty numbers and infrastruc- 800,000 people remain in spontaneous and or- These provisions were further extended ture damage, including damage to roads, ganized camps in Haiti; through 2011 by the Tax Relief, Unem- ports, hospitals, and residential dwellings, Whereas, according to numerous non- ployment Insurance Reauthorization, place the earthquake as the worst cataclysm governmental organizations and United and Job Creation Act of 2010. The legis- to hit Haiti in more than 200 years and, pro- States contractors, the pace of reconstruc- lation that I am introducing would ex- portionally, as one of the worst natural dis- tion in Haiti has lagged significantly behind tend these provisions through 2012. asters in the world in modern times; the original emergency relief phase; Whereas the Post Disaster Needs Assess- Extending the zero capital gains rate Whereas there is an acute need— ment, which was conducted by the Govern- (1) to increase local capacity in health care on small business stock through 2012 ment of Haiti, the United Nations, the World and education; and would put this provision on equal foot- Bank, the Inter-American Development (2) to focus international attention on em- ing with the extension of the lower Bank, and other experts, estimates that ployment opportunities, rubble removal, per- capital gains rate included in the Tax damage and economic losses totaled manent and sustainable shelter, reconstruc- Relief, Unemployment Insurance, Re- $7,800,000,000, which is equal to approxi- tion of roads, safety and security, and funda- authorization, and Job Creation Act of mately 120 percent of the gross domestic mental human rights in Haiti, especially in 2010. product of Haiti in 2009; temporary camps and shelters; Whereas the Post Disaster Needs Assess- Whereas the alleged irregularities and I believe that the additional improve- ment estimates that $11,500,000,000 is needed ments should still be made to the ex- fraud that occurred in the election held in during the next 3 years for the reconstruc- Haiti on November 28, 2010, have imperiled clusion for small business stock and I tion of Haiti and to lay the groundwork for the credibility of the electoral process, un- will continue to work on this issue. As long-term development; dermined the recovery effort, and further de- Congress begins its work on tax re- Whereas Haiti was the poorest, least devel- stabilized security throughout Haiti; form, encouraging investment in small oped country in the Western Hemisphere be- Whereas political leadership is required to businesses should be a goal of tax re- fore the January 2010 earthquake, when— ensure that a democratically elected govern- (1) more than 70 percent of Haitians lived form. ment, which is respected by the people of on less than $2 per day; and Haiti and recognized by the international I urge my colleagues to support an (2) Haiti was ranked of 149th out of 182 community, is prepared to assume office on extension of the zero capital gains rate countries on the United Nations Human De- February 7, 2011, or shortly thereafter; velopment Index; and I look forward to working on tax Whereas, on October 19, 2010, an outbreak Whereas, before the earthquake, Haiti was reform which encourages job creation of cholera was detected in the lower in the process of recovering from a cata- and investment in small businesses. Artibonite region of Haiti; strophic series of hurricanes and tropical Whereas initial efforts to contain the epi- f storms, food shortages, rising commodity demic were disrupted by Hurricane Tomas prices, and political instability, but was SUBMITTED RESOLUTIONS and resulting widespread flooding, which led showing encouraging signs of improvement; to the spreading and entrenchment of the Whereas President Barack Obama vowed disease throughout Haiti; the ‘‘unwavering support’’ of the United Whereas, according to the Haitian Min- SENATE RESOLUTION 26—RECOG- States and pledged a ‘‘swift, coordinated and istry of Public Health and Population, be- NIZING THE ANNIVERSARY OF aggressive effort to save lives and support tween the outbreak in October 2010 and Jan- THE TRAGIC EARTHQUAKE IN the recovery in Haiti’’; uary 21, 2011— Whereas Senate Resolution 392, which was HAITI ON JANUARY 12, 2010, HON- (1) more than 3,850 people have died from agreed to on January 21, 2010, by unanimous ORING THOSE WHO LOST THEIR cholera in Haiti; and LIVES IN THAT EARTHQUAKE, consent— (1) expressed the profound sympathy and (2) more than 194,000 people in Haiti have AND EXPRESSING CONTINUED unwavering support of the Senate for the been affected by the disease; SOLIDARITY WITH THE HAITIAN people of Haiti; and Whereas, according to the Pan American PEOPLE (2) urged all nations to commit to assisting Health Organization and the Centers for Dis- ease Control and Prevention, cholera could Mr. NELSON of Florida (for himself, the people of Haiti with their long-term needs; spread to as many as 400,000 people within Mr. KERRY, Mrs. FEINSTEIN, Mrs. Whereas the response to the tragedy from the first year of the epidemic, potentially GILLIBRAND, Mr. CASEY, Mr. LAUTEN- the global community, and especially from causing 8,000 deaths at the current case fa- BERG, Mr. LUGAR, Mr. CORKER, Mr. the countries of the Western Hemisphere, tality rate; MENENDEZ, Mr. RUBIO, and Ms. has been overwhelmingly positive; Whereas the United States has provided LANDRIEU) submitted the following res- Whereas the initial emergency response of $40,000,000 worth of assistance to combat the olution; which was considered and the men and women of the United States cholera epidemic, primarily through the Of- agreed to: Government, led by the United States Agen- fice of Foreign Disaster Assistance, to assist cy for International Development and United with stockpiling health commodities, equip- S. RES. 26 States Southern Command, was swift and ping cholera treatments centers, providing Whereas on January 12, 2010, an earth- resolute; public information, and developing a safe quake measuring 7.0 on the Richter scale Whereas individuals, businesses, and phil- and sustainable water and sanitation sys- struck the country of Haiti; anthropic organizations throughout the tem; Whereas, according to the United States United States and the international commu- Whereas the efforts to combat the cholera Geological Survey, the epicenter of the nity responded to the crisis by supporting epidemic have helped to drive the mortality earthquake was located approximately 15 Haiti and its people through innovative rate from cholera down from 7 percent to 1 miles southwest of Port-au-Prince, the cap- ways, such as fundraising through text mes- percent of all contracted cases during the 3- ital of Haiti; saging; month period ending on January 21, 2011; Whereas, according to the United States Whereas more than $2,700,000,000 is esti- Whereas, during the first year following Geological Survey, the earthquake was fol- mated to have been raised from private dona- the January 12, 2010 earthquake in Haiti, the lowed by 59 aftershocks of magnitude 4.5 on tions in response to the tragedy in Haiti; people of Haiti have demonstrated unwaver- the Richter scale or greater, with the most Whereas the Haitian diaspora community ing resilience, dignity, and courage; severe measuring a magnitude of 6.0 on the in the United States, which was integral to Whereas at the conference of international Richter scale; emergency relief efforts— donors entitled ‘‘Towards a New Future for Whereas, according to the Government of (1) has annually contributed significant Haiti’’, which was held on March 31, 2010, 59 Haiti, more than 230,000 people died as a re- monetary support to Haiti through remit- donors pledged approximately $5,570,000,000 sult of the earthquake, including 103 citizens tances; and (including nearly $1,200,000,000 pledged by do- of the United States; (2) continues to seek opportunities to part- nors from the United States) to support the Whereas an untold number of international ner with the United States Agency for Inter- Action Plan for National Recovery and De- aid personnel also died as a result of the national Development and other Federal velopment of the Government of Haiti; earthquake, including more than 100 United agencies to rebuild Haiti; Whereas the United Nations Office of the Nations personnel; Whereas Haiti continues to suffer from ex- Special Envoy for Haiti estimates that ap- Whereas, according to the United Nations treme poverty, gross inequality, a deficit of proximately 63 percent of the recovery and and the International Organization for Mi- political leadership at all levels, and weak or development funds pledged for 2010 have been gration— corrupt state institutions; disbursed; and

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.035 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S291 Whereas Haiti requires sustained assist- ment of Haiti, the Haitian Diaspora, and USS Dorchester was sunk by German tor- ance from the United States and the inter- international actors who support the goal of pedoes off the coast of Greenland; national community in order to confront the a better future for Haiti. Whereas Chaplain Goode received the Four ongoing cholera epidemic and promote re- f Chaplains’ Medal for Heroism and the Distin- construction and development: Now, there- guished Service Cross for his heroic efforts fore, be it SENATE RESOLUTION 27—DESIG- to save the lives of those onboard the Dor- Resolved, That the Senate— NATING JANUARY 26, 2011, AS chester; (1) honors those who lost their lives as a ‘‘NATIONAL KAWASAKI DISEASE Whereas Army Chaplain Rabbi Irving result of the tragic earthquake in Haiti on AWARENESS DAY’’ Tepper was killed in action in France on Au- January 12, 2010; gust 13, 1944; (2) honors the sacrifices of the men and Mr. WEBB submitted the following Whereas Chaplain Tepper also saw combat women of the Government of Haiti, the Gov- resolution; which was referred to the in Morocco, Tunisia, and Sicily while at- ernment of the United States, the United Na- Committee on the Judiciary: tached to an infantry combat team in the tions, and the international community in S. RES. 27 Ninth Division; their responses to those affected by the Whereas Army Chaplain Rabbi Louis Whereas Kawasaki disease is a serious ill- earthquake; Werfel died on December 24, 1944, at the ness characterized by the inflammation of (3) expresses continued solidarity with the young age of 27, in a plane crash while en blood vessels throughout the body; people of Haiti as they work to rebuild their route to conduct Chanukah services; Whereas symptoms of Kawasaki disease in- neighborhoods, livelihoods, and country; Whereas Chaplain Werfel was known as clude fever, rash, swelling, irritation, red- (4) reaffirms the commitment of the Sen- ‘‘The Flying Rabbi’’ because his duties re- ness of the whites of the eyes, and inflamma- ate to support the long-term reconstruction quired traveling great distances by plane to tion of the mouth, lips, and throat; of Haiti, in partnership with the Government serve Army personnel of Jewish faith at out- Whereas Kawasaki disease primarily af- of Haiti and in coordination with other do- lying posts; fects young children and is a leading cause of nors; Whereas Army Chaplain Rabbi Meir Engel acquired heart disease in the United States; (5) supports the efforts of the Executive died at the Naval Hospital in Saigon on De- Whereas the Centers for Disease Control Branch to prevent the spread of cholera, cember 16, 1964, after faithfully serving his estimates that in 2006 approximately 5,500 in- treat persons who contract the disease, pro- country during World War II, the Korean dividuals with Kawasaki disease were hos- vide technical assistance to the Haitian Min- War, and the Vietnam War; istry of Public Health, and improve long- pitalized in the United States; Whereas Army Chaplain Rabbi Morton term water, sanitation, and health systems; Whereas Kawasaki disease affects children Singer died on December 17, 1968, in a plane (6) expresses support for the United States of all races, but occurs most often in chil- crash while on a mission in Vietnam to con- Embassy team in Port-au-Prince, members dren of Asian and Pacific Island descent; duct Chanukah services; of the United States Coast Guard, United Whereas the cause of Kawasaki disease is Whereas Army Chaplain Rabbi Herman States Armed Forces, other United States unknown; Rosen died in service of his faith and his Government personnel, and all members of Whereas Kawasaki disease can usually be country on June 18, 1943; international organizations who have per- treated if diagnosed promptly, but can cause Whereas Chaplain Rabbi Herman Rosen’s severed through adverse local conditions and major health problems or even death if left son, Air Force Chaplain Solomon Rosen, also continue to serve Haiti and the Haitian peo- untreated; died in service of his faith and his country, ple; Whereas there is no test to definitively di- on November 2, 1948; (7) supports the continued effort of the In- agnose cases of Kawasaki disease; Whereas Army Chaplain Rabbi Nachman terim Haiti Recovery Commission, under the Whereas a lack of awareness among health Arnoff died in service of his faith and his leadership of former President Bill Clinton professionals and the public may contribute country on May 9, 1946; and Prime Minister Bellerive, in its efforts to the underdiagnosis of Kawasaki disease; Whereas Army Chaplain Rabbi Frank Gold- to improve coordination, build state capac- and enberg died in service of his faith and his ity, and bring donors and the Government of Whereas on January 26, 1961, Dr. Tomisaku country on May 22, 1946; Haiti together to effectively lead the recon- Kawasaki saw his first patient who suffered Whereas Army Chaplain Rabbi Henry struction process; from what would later be termed Kawasaki Goody died in service of his faith and his (8) urges the international community— disease: Now, therefore, be it country on October 19, 1943; (A) to call on the leaders of Haiti to imme- Resolved, That the Senate— Whereas Army Chaplain Rabbi Samuel diately reach a democratic resolution to the (1) designates January 26, 2011, as ‘‘Na- Hurwitz died in service of his faith and his current electoral crisis to enable the newly tional Kawasaki Disease Awareness Day’’; country December 9, 1943; elected leaders of the Government of Haiti to (2) recognizes the importance of awareness Whereas Air Force Chaplain Rabbi Samuel take office by February 7, 2011, or shortly in diagnosing and properly treating cases of Rosen died in service of his faith and his thereafter; Kawasaki disease; country on May 13, 1955; (B) to continue to focus assistance on the (3) urges all people of the United States to Whereas Air Force Chaplain Rabbi David priorities of the Government of Haiti; educate themselves about Kawasaki disease Sobel died in service of his faith and his (C) to develop, improve, and scale-up com- and the signs and symptoms of Kawasaki dis- country on March 7, 1974; munications and participatory mechanisms ease; and Whereas Chaplains Hill in Arlington Na- to more substantially involve Haitian civil (4) encourages the people of the United tional Cemetery memorializes the names of society at all stages of the cholera and post- States to observe the day with appropriate 242 chaplains who perished while on active earthquake responses; and ceremonies and activities. (D) to give priority to programs that pro- duty in the Armed Forces of the United tect and involve vulnerable populations, in- f States; and cluding internally displaced persons, chil- SENATE CONCURRENT RESOLU- Whereas none of the 13 Jewish chaplains dren, and persons with disabilities; who have died while on active duty are me- TION 4—EXPRESSING THE SENSE morialized on Chaplains Hill: Now, therefore, (9) urges aid agencies— OF CONGRESS THAT AN APPRO- (A) to train and use Haitian local and na- be it tional authorities in the delivery of assist- PRIATE SITE ON CHAPLAINS Resolved by the Senate (the House of Rep- ance; and HILL IN ARLINGTON NATIONAL resentatives concurring), That it is the sense (B) to enhance their coordination and con- CEMETERY SHOULD BE PRO- of Congress that an appropriate site on Chap- sultation with the Haitian people and key VIDED FOR A MEMORIAL MARK- lains Hill in Arlington National Cemetery Haitian Government ministries to ensure the ER TO HONOR THE MEMORY OF should be provided for a memorial marker, effectiveness of aid; and THE JEWISH CHAPLAINS WHO to be paid for with private funds, to honor (10) expresses support for— the memory of the Jewish chaplains who DIED WHILE ON ACTIVE DUTY IN died while on active duty in the Armed (A) the continuation of the work of United THE ARMED FORCES OF THE States agencies, nongovernmental organiza- Forces of the United States, so long as the tions, private volunteer organizations, re- UNITED STATES Secretary of the Army has exclusive author- gional institutions, and United Nations Mr. SCHUMER submitted the fol- ity to approve the design and site of the me- agencies to confront the consequences of the lowing concurrent resolution; which morial marker. crises affecting Haiti; was referred to the Committee on Vet- f (B) comprehensive assessments of the long- erans’ Affairs: term needs for confronting the cholera epi- NOTICES OF HEARINGS demic in Haiti, including the construction of S. CON. RES. 4 COMMITTEE ON ENERGY AND NATURAL adequate water and sanitation infrastruc- Whereas 13 Jewish chaplains have died RESOURCES ture; and while on active duty in the Armed Forces of (C) the continuation of humanitarian and the United States; Mr. BINGAMAN. Mr. President, I development efforts between the Govern- Whereas Army Chaplain Rabbi Alexander would like to announce for the infor- ment of the United States and the Govern- Goode died on February 3, 1943, when the mation of the Senate and the public

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.036 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE S292 CONGRESSIONAL RECORD — SENATE January 26, 2011 that a hearing has been scheduled be- AUTHORITY FOR COMMITTEES TO change of notes on September 23, 2009 fore the Senate Committee on Energy MEET (the ‘‘related Agreement’’). I also and Natural Resources. The hearing COMMITTEE ON ENERGY AND NATURAL transmit for the information of the will be held on Tuesday, February 1, RESOURCES Senate the report of the Department of 2011, at l0 a.m., in room SD–366 of the Mr. DURBIN. Mr. President, I ask State, which includes an Overview of Dirksen Senate Office Building. unanimous consent that the Com- the proposed Protocol and related The purpose of the hearing is to re- mittee on Energy and Natural Re- Agreement. ceive testimony on the American Med- sources be authorized to meet during The proposed Protocol and related ical Isotopes Production Act of 2011. the session of the Senate to conduct a Agreement provide for more robust ex- Because of the limited time available hearing on January 26, at 9:30 a.m., in change of information between tax au- for the hearing, witnesses may testify room SR–325 of the Russell Senate Of- thorities in the two countries to facili- by invitation only. However, those fice Building. tate the administration of each coun- wishing to submit written testimony The PRESIDING OFFICER. Without try’s tax laws. They generally follow for the hearing record may do so by objection, it is so ordered. the current U.S. Model Income Tax sending it to the Committee on Energy COMMITTEE ON ENVIRONMENT AND PUBLIC Convention and the Organization for and Natural Resources, United States WORKS Economic Cooperation and Develop- Senate, Washington, DC 20510–6150, or Mr. DURBIN. Mr. President, I ask ment standards for exchange of tax in- by e-mail to Aman- unanimous consent that the Com- formation. The proposed Protocol and [email protected]. mittee on Environment and Public related Agreement also provide for For further information, please con- Works be authorized to meet during mandatory arbitration of certain cases tact Jonathan Epstein at (202) 224–5521 the session of the Senate at 10 a.m. on that the competent authorities of each or Abby Campbell at (202) 224–1219. January 26, 2011, in Dirksen 406. country have been unable to resolve COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without after a reasonable period of time. RESOURCES objection, it is so ordered. I recommend that the Senate give Mr. BINGAMAN. Mr. President, I COMMITTEE ON THE JUDICIARY early and favorable consideration to would like to announce for the infor- Mr. DURBIN. Mr. President, I ask the proposed Protocol and related mation of the Senate and the public unanimous consent that the Com- Agreement and give its advice and con- that a hearing has been scheduled be- mittee on the Judiciary be authorized sent to their ratification. fore the Senate Committee on Energy to meet during the session of the Sen- BARACK OBAMA. THE WHITE HOUSE, January 26, 2011. and Natural Resources. The hearing ate, on January 26, 2011, at 10:30 a.m., will be held on Thursday, February 3, in room SD–226 of the Dirksen Senate f 2011, at 9:30 a.m. in room SD–366 of the Office Building, to conduct a hearing ORDERS FOR JANUARY 27, 2011 Dirksen Senate Office Building. entitled ‘‘Protecting American Tax- The purpose of the hearing is to re- payers: Significant Accomplishments Mr. REID. Madam President, I ask ceive testimony on the Energy and Oil and Ongoing Challenges in the Fight unanimous consent that when the Sen- Market Outlook for the 112th Congress. Against Fraud.’’ ate completes its business today, it ad- Because of the limited time available The PRESIDING OFFICER. Without journ until 10:30 a.m. tomorrow, Thurs- for the hearing, witnesses may testify objection, it is so ordered. day, January 27; that following the prayer and the pledge, the Journal of by invitation only. However, those f wishing to submit written testimony proceedings be approved to date, the for the hearing record may do so by REMOVAL OF INJUNCTION OF SE- morning hour be deemed to have ex- sending it to the Committee on Energy CRECY—TREATY DOCUMENT NO. pired, the time for the two leaders be and Natural Resources, United States 112–1 reserved for their use later in the day, Senate, Washington, D.C. 20510–6150, or Mr. REID. Madam President, as in and that the Senate proceed to the con- by e-mail to Aman- executive session, I ask unanimous sideration of the rules changes resolu- [email protected]. consent that the injunction of secrecy tions, as provided for under the pre- For further information, please con- be removed from the following treaty vious order. tact Tara Billingsley at (202) 224–4756 or transmitted to the Senate on January Finally, I ask that the Senate recess Amanda Kelly at (202) 224–6836. 26 of this year by President Obama: from 12:30 until 2:15 p.m. to allow for the caucus meetings that I have indi- COMMITTEE ON ENERGY AND NATURAL Protocol Amending Tax Convention RESOURCES with Swiss Confederation (Treaty Doc. cated we are going to have. Mr. BINGAMAN. Mr. President, I No. 112–1). The PRESIDING OFFICER. Without would like to announce for the infor- I further ask that the treaty be con- objection, it is so ordered. mation of the Senate and the public sidered as having been read the first f that a hearing has been scheduled be- time; that it be referred, with accom- PROGRAM fore the Senate Committee on Energy panying papers, to the Committee on and Natural Resources. The hearing Foreign Relations and ordered to be Mr. REID. Madam President, if all will be held on Wednesday, February printed; and that the President’s mes- time is used, Senators should expect a 16, 2011, at 9:30 a.m., in room SD–366 of sage be printed in the RECORD. series of rollcall votes tomorrow night the Dirksen Senate Office Building. The PRESIDING OFFICER. Without about 7 o’clock. We hope that a lot of The purpose of the hearing is to re- objection, it is so ordered. this time can be yielded back, but we ceive testimony on the U.S. Depart- The message of the President is as have to wait and see. Those votes will ment of Energy’s budget for fiscal year follows: be in relation to a series of resolutions 2012. To the Senate of the United States: to change the Senate rules. We have Because of the limited time available I transmit herewith, for the advice talked about that earlier this evening. for the hearing, witnesses may testify and consent of the Senate to their rati- f by invitation only. However, those fication, the Protocol Amending the wishing to submit written testimony Convention between the United States ADJOURNMENT UNTIL 10:30 A.M. for the hearing record should send it to of America and the Swiss Confed- TOMORROW the Committee on Energy and Natural eration for the Avoidance of Double Mr. REID. Madam President, if there Resources, United States Senate, Taxation with Respect to Taxes on In- is no further business to come before Washington, DC 20510–6150, or by email come, signed at Washington on October the Senate, I ask unanimous consent to Abi- 2, 1996, signed on September 23, 2009, at that it adjourn under the previous [email protected]. Washington, as corrected by an ex- order and under the provisions of S. For further information, please con- change of notes effected November 16, Res. 14, as a further mark of respect for tact Jonathan Epstein at (202) 224–3357, 2010 (the ‘‘proposed Protocol’’) and a the victims and heroes of the tragedy or Abigail Campbell at (202) 224–1219. related agreement effected by an ex- in Tucson, AZ.

VerDate Mar 15 2010 05:30 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A26JA6.041 S26JAPT1 rfrederick on DSKD9S0YB1PROD with SENATE January 26, 2011 CONGRESSIONAL RECORD — SENATE S293 There being no objection, the Senate, SELOR, TO BE AMBASSADOR EXTRAORDINARY AND CORPORATION FOR NATIONAL AND COMMUNITY SERVICE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA FOR A TERM EXPIRING OCTOBER 6, 2013, VICE LEONA at 8:29 p.m., adjourned until Thursday, TO THE REPUBLIC OF AZERBAIJAN, TO WHICH POSITION WHITE HAT, TERM EXPIRED. January 27, 2011, at 10:30 a.m. HE WAS APPOINTED DURING THE RECESS OF THE SEN- MARGUERITE W. KONDRACKE, OF TENNESSEE, TO BE A ATE FROM DECEMBER 22, 2010, TO JANUARY 5, 2011. MEMBER OF THE BOARD OF DIRECTORS OF THE COR- f ROBERT STEPHEN FORD, OF VERMONT, A CAREER PORATION FOR NATIONAL AND COMMUNITY SERVICE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF FOR A TERM EXPIRING JUNE 10, 2014, VICE RICHARD NOMINATIONS MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ALLAN HILL, TERM EXPIRED. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JANE D. HARTLEY, OF NEW YORK, TO BE A MEMBER OF Executive nominations received by OF AMERICA TO THE SYRIAN ARAB REPUBLIC, TO WHICH THE BOARD OF DIRECTORS OF THE CORPORATION FOR POSITION HE WAS APPOINTED DURING THE RECESS OF NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- the Senate: THE SENATE FROM DECEMBER 22, 2010, TO JANUARY 5, PIRING OCTOBER 6, 2014, VICE DONNA N. WILLIAMS, RE- THE JUDICIARY 2011. SIGNED. NORMAN L. EISEN, OF THE DISTRICT OF COLUMBIA, TO RICHARD CHRISTMAN, OF KENTUCKY, TO BE A MEMBER HENRY F. FLOYD, OF SOUTH CAROLINA, TO BE UNITED BE AMBASSADOR EXTRAORDINARY AND PLENI- OF THE BOARD OF DIRECTORS OF THE CORPORATION STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, VICE POTENTIARY OF THE UNITED STATES OF AMERICA TO FOR NATIONAL AND COMMUNITY SERVICE FOR THE RE- KAREN J. WILLIAMS, RETIRED. THE CZECH REPUBLIC, TO WHICH POSITION HE WAS AP- MAINDER OF THE TERM EXPIRING OCTOBER 6, 2012, VICE MICHAEL CHARLES GREEN, OF NEW YORK, TO BE POINTED DURING THE RECESS OF THE SENATE FROM DE- TOM OSBORNE, RESIGNED. UNITED STATES DISTRICT JUDGE FOR THE WESTERN CEMBER 22, 2010, TO JANUARY 5, 2011. DEPARTMENT OF HOMELAND SECURITY DISTRICT OF NEW YORK, VICE DAVID G. LARIMER, RE- GEORGE ALBERT KROL, OF NEW JERSEY, A CAREER TIRED. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF RAFAEL BORRAS, OF MARYLAND, TO BE UNDER SEC- RAMONA VILLAGOMEZ MANGLONA, OF THE NORTHERN MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MARIANA ISLANDS, TO BE JUDGE FOR THE DISTRICT RETARY FOR MANAGEMENT, DEPARTMENT OF HOME- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES LAND SECURITY, VICE ELAINE C. DUKE, RESIGNED. COURT FOR THE NORTHERN MARIANA ISLANDS FOR A OF AMERICA TO THE REPUBLIC OF UZBEKISTAN. TERM OF TEN YEARS, VICE ALEX R. MUNSON, RETIRED. FRANCIS JOSEPH RICCIARDONE, JR., OF MASSACHU- GOVERNMENT PRINTING OFFICE J. PAUL OETKEN, OF NEW YORK, TO BE UNITED STATES SETTS, A CAREER MEMBER OF THE SENIOR FOREIGN DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW WILLIAM J. BOARMAN, OF MARYLAND, TO BE PUBLIC SERVICE, CLASS OF CAREER MINISTER, TO BE AMBAS- YORK, VICE DENNY CHIN, ELEVATED. PRINTER, VICE ROBERT CHARLES TAPELLA, RESIGNED, SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF NELVA GONZALES RAMOS, OF TEXAS, TO BE UNITED TO WHICH POSITION HE WAS APPOINTED DURING THE THE UNITED STATES OF AMERICA TO THE REPUBLIC OF STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT RECESS OF THE SENATE FROM DECEMBER 22, 2010, TO TURKEY, TO WHICH POSITION HE WAS APPOINTED DUR- OF TEXAS, VICE HAYDEN WILSON HEAD, JR., RETIRED. JANUARY 5, 2011. ING THE RECESS OF THE SENATE FROM DECEMBER 22, V. NATASHA PERDEW SILAS, OF GEORGIA, TO BE 2010, TO JANUARY 5, 2011. SMALL BUSINESS ADMINISTRATION UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DAVID LEE CARDEN, OF NEW YORK, TO BE REPRESENT- DISTRICT OF GEORGIA, VICE CLARENCE COOPER, RE- WINSLOW LORENZO SARGEANT, OF WISCONSIN, TO BE TIRED. ATIVE OF THE UNITED STATES OF AMERICA TO THE AS- SOCIATION OF SOUTHEAST ASIAN NATIONS, WITH THE CHIEF COUNSEL FOR ADVOCACY, SMALL BUSINESS AD- LINDA T. WALKER, OF GEORGIA, TO BE UNITED STATES MINISTRATION, VICE THOMAS M. SULLIVAN. DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF RANK OF AMBASSADOR EXTRAORDINARY AND PLENI- GEORGIA, VICE BEVERLY B. MARTIN, ELEVATED. POTENTIARY. IN THE AIR FORCE DEPARTMENT OF JUSTICE OVERSEAS PRIVATE INVESTMENT CORPORATION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- KATHERINE M. GEHL, OF WISCONSIN, TO BE A MEMBER DONALD B. VERRILLI, JR., OF THE DISTRICT OF COLUM- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- BIA, TO BE SOLICITOR GENERAL OF THE UNITED STATES, AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION VATE INVESTMENT CORPORATION FOR A TERM EXPIR- VICE ELENA KAGAN, RESIGNED. 601: ING DECEMBER 17, 2013, VICE COLLISTER JOHNSON, JR., DEPARTMENT OF COMMERCE TERM EXPIRED. To be lieutenant general ROBERTO R. HERENCIA, OF ILLINOIS, TO BE A MEMBER ERIC L. HIRSCHHORN, OF MARYLAND, TO BE UNDER LT. GEN. ERIC E. FIEL SECRETARY OF COMMERCE FOR EXPORT ADMINISTRA- OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- TION, VICE MARIO MANCUSO, RESIGNED. VATE INVESTMENT CORPORATION FOR A TERM EXPIR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ING DECEMBER 17, 2012, VICE PATRICK J. DURKIN, TERM IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- FEDERAL MARITIME COMMISSION EXPIRED. CATED UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW MAXWELL TAYLOR KENNEDY, OF CALI- MARIO CORDERO, OF CALIFORNIA, TO BE A FEDERAL FORNIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS To be brigadier general MARITIME COMMISSIONER FOR THE TERM EXPIRING OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION JUNE 30, 2014, VICE HAROLD J. CREEL, JR., RESIGNED. FOR A TERM EXPIRING DECEMBER 17, 2012, VICE SAMUEL COL. HOWARD D. STENDAHL EXECUTIVE OFFICE OF THE PRESIDENT E. EBBESEN, TERM EXPIRED. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RESERVE PHILIP E. COYLE, III, OF CALIFORNIA, TO BE AN ASSO- DEPARTMENT OF LABOR OF THE AIR FORCE TO THE GRADE INDICATED UNDER CIATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- PAUL M. TIAO, OF MARYLAND, TO BE INSPECTOR GEN- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: NOLOGY POLICY, VICE ROSINA M. BIERBAUM. ERAL, DEPARTMENT OF LABOR, VICE GORDON S. To be brigadier general NATIONAL OCEANIC AND ATMOSPHERIC HEDDELL, RESIGNED. ADMINISTRATION NATIONAL FOUNDATION ON THE ARTS AND THE COL. DONALD S. WENKE SCOTT C. DONEY, OF MASSACHUSETTS, TO BE CHIEF HUMANITIES IN THE ARMY SCIENTIST OF THE NATIONAL OCEANIC AND ATMOS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PHERIC ADMINISTRATION, VICE KATHRYN D. SULLIVAN. AGNES GUND, OF NEW YORK, TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING IN THE UNITED STATES ARMY TO THE GRADE INDICATED FEDERAL MARITIME COMMISSION SEPTEMBER 3, 2016. (NEW POSITION) WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: REBECCA F. DYE, OF NORTH CAROLINA, TO BE A FED- UNITED STATES INSTITUTE OF PEACE ERAL MARITIME COMMISSIONER FOR THE TERM EXPIR- To be lieutenant general ING JUNE 30, 2015. (REAPPOINTMENT) JOHN A. LANCASTER, OF NEW YORK, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED STATES LT. GEN. DENNIS L. VIA DEPARTMENT OF HEALTH AND HUMAN SERVICES INSTITUTE OF PEACE FOR THE REMAINDER OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TERM EXPIRING SEPTEMBER 19, 2011, VICE KATHLEEN DONALD M. BERWICK, OF MASSACHUSETTS, TO BE AD- IN THE UNITED STATES ARMY TO THE GRADE INDICATED MARTINEZ. MINISTRATOR OF THE CENTERS FOR MEDICARE AND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JOHN A. LANCASTER, OF NEW YORK, TO BE A MEMBER MEDICAID SERVICES, VICE MARK B. MCCLELLAN. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: OF THE BOARD OF DIRECTORS OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY INSTITUTE OF PEACE FOR A TERM OF FOUR YEARS. (RE- To be lieutenant general APPOINTMENT) LT. GEN. MARK P. HERTLING ALAN D. BERSIN, OF CALIFORNIA, TO BE COMMIS- JUDITH A. ANSLEY, OF MASSACHUSETTS, TO BE A SIONER OF CUSTOMS, DEPARTMENT OF HOMELAND SE- MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CURITY, VICE W. RALPH BASHAM. STATES INSTITUTE OF PEACE FOR THE REMAINDER OF IN THE UNITED STATES ARMY TO THE GRADE INDICATED DEPARTMENT OF THE TREASURY THE TERM EXPIRING SEPTEMBER 19, 2011, VICE RON SIL- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND VER. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHAEL F. MUNDACA, OF NEW YORK, TO BE AN AS- JUDITH A. ANSLEY, OF MASSACHUSETTS, TO BE A SISTANT SECRETARY OF THE TREASURY, VICE ERIC SOL- MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED To be lieutenant general OMON, RESIGNED. STATES INSTITUTE OF PEACE FOR A TERM OF FOUR MAJ. GEN. SUSAN S. LAWRENCE EXECUTIVE OFFICE OF THE PRESIDENT YEARS. (REAPPOINTMENT) NATIONAL LABOR RELATIONS BOARD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL W. PUNKE, OF MONTANA, TO BE A DEPUTY IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNITED STATES TRADE REPRESENTATIVE, WITH THE CRAIG BECKER, OF ILLINOIS, TO BE A MEMBER OF THE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RANK OF AMBASSADOR, VICE PETER F. ALLGEIER, RE- NATIONAL LABOR RELATIONS BOARD FOR A TERM OF RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SIGNED. FIVE YEARS EXPIRING DECEMBER 16, 2014, VICE DENNIS To be lieutenant general ISLAM A. SIDDIQUI, OF VIRGINIA, TO BE CHIEF AGRI- P. WALSH. CULTURAL NEGOTIATOR, OFFICE OF THE UNITED MAJ. GEN. JOHN M. BEDNAREK STATES TRADE REPRESENTATIVE, WITH THE RANK OF CORPORATION FOR NATIONAL AND COMMUNITY AMBASSADOR, VICE RICHARD T. CROWDER. SERVICE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNITED STATES TAX COURT JONATHAN ANDREW HATFIELD, OF VIRGINIA, TO BE IN- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JUAN F. VASQUEZ, OF TEXAS, TO BE A JUDGE OF THE SPECTOR GENERAL, CORPORATION FOR NATIONAL AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: UNITED STATES TAX COURT FOR A TERM OF FIFTEEN COMMUNITY SERVICE, VICE GERALD WALPIN. To be lieutenant general YEARS. (REAPPOINTMENT) PHYLLIS NICHAMOFF SEGAL, OF MASSACHUSETTS, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE MAJ. GEN. FRANCIS J. WIERCINSKI DEPARTMENT OF HEALTH AND HUMAN SERVICES CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM EXPIRING OCTOBER 6, 2013, VICE JACOB JO- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICHARD SORIAN, OF NEW YORK, TO BE AN ASSISTANT SEPH LEW, TERM EXPIRED. IN THE UNITED STATES ARMY TO THE GRADE INDICATED SECRETARY OF HEALTH AND HUMAN SERVICES, VICE LISA M. QUIROZ, OF NEW YORK, TO BE A MEMBER OF UNDER TITLE 10, U.S.C., SECTION 624: CHRISTINA H. PEARSON, RESIGNED. THE BOARD OF DIRECTORS OF THE CORPORATION FOR To be brigadier general DEPARTMENT OF THE TREASURY NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- PIRING FEBRUARY 8, 2014, VICE VINCE J. JUARISTI, TERM COL. DAVID C. COBURN TIMOTHY CHARLES SCHEVE, OF PENNSYLVANIA, TO BE EXPIRED. A MEMBER OF THE INTERNAL REVENUE SERVICE OVER- JOHN D. PODESTA, OF THE DISTRICT OF COLUMBIA, TO THE FOLLOWING ARMY NATIONAL GUARD OF THE SIGHT BOARD FOR A TERM EXPIRING SEPTEMBER 14, BE A MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- 2015, VICE NANCY KILLEFER, TERM EXPIRED. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DEPARTMENT OF STATE FOR A TERM EXPIRING OCTOBER 6, 2014, VICE ALAN D. SOLOMONT, RESIGNED. To be major general MATTHEW J. BRYZA, OF ILLINOIS, A CAREER MEMBER MATTHEW FRANCIS MCCABE, OF PENNSYLVANIA, TO OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- BE A MEMBER OF THE BOARD OF DIRECTORS OF THE BRIG. GEN. RENALDO RIVERA

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID J. MONK THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- DONALD F. STRUBE MENT TO THE GRADES INDICATED IN THE REGULAR CATED UNDER TITLE 10, U.S.C., SECTION 12203: HOWARD E. WHEELER NAVY UNDER TITLE 10, U.S.C., SECTION 531: To be major general THE FOLLOWING NAMED ARMY NATIONAL GUARD OF To be commander THE UNITED STATES OFFICERS FOR APPOINTMENT TO BRIG. GEN. WILLIAM M. BUCKLER, JR. THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOHN G. BROWN UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander IN THE RESERVE OF THE ARMY TO THE GRADE INDI- To be colonel CATED UNDER TITLE 10, U.S.C., SECTION 12203: WILLIAM A. MIX To be major general GREGREY C. BACON STEVEN A. FERNANDEZ EXECUTIVE OFFICE OF THE PRESIDENT MARCUS R. HATLEY BRIG. GEN. MARK J. MACCARLEY HEATHER A. HIGGINBOTTOM, OF THE DISTRICT OF CO- TREVOR L. JACKSON LUMBIA, TO BE DEPUTY DIRECTOR OF THE OFFICE OF THE FOLLOWING NAMED ARMY NATIONAL GUARD OF BRIAN R. NESVIK MANAGEMENT AND BUDGET, VICE ROBERT L. NABORS, THE UNITED STATES OFFICERS FOR APPOINTMENT TO DONNIE J. QUINTANA THE GRADE INDICATED IN THE RESERVE OF THE ARMY RESIGNED. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: IN THE NAVY KATHARINE G. ABRAHAM, OF IOWA, TO BE A MEMBER OF THE COUNCIL OF ECONOMIC ADVISERS, VICE CHRIS- To be colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TINA DUCKWORTH ROMER, RESIGNED. TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARC T. ARELLANO UNDER TITLE 10, U.S.C., SECTION 624: DEPARTMENT OF THE TREASURY ROBERT C. BRAMLISH MICHAEL A. ERWIN To be captain DAVID S. COHEN, OF MARYLAND, TO BE UNDER SEC- GERALD E. HADLEY RETARY FOR TERRORISM AND FINANCIAL CRIMES, VICE JOHN K. MCHUGH JAMES P. MCGRATH III STUART LEVEY, RESIGNING.

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RULES OF THE COMMITTEE ON present at any Committee or subcommittee cial meeting of the Committee be called by AGRICULTURE meeting or hearing, the vice chairman shall the Chairman, those members may file in the preside. If the Chairman and vice chairman offices of the Committee their written re- of the Committee or subcommittee are not quest to the Chairman for such special meet- HON. FRANK D. LUCAS present at a Committee or subcommittee ing. Such request shall specify the measure OF OKLAHOMA meeting or hearing the ranking Member of or matters to be considered. Immediately IN THE HOUSE OF REPRESENTATIVES the majority party who is present shall pre- upon the filing of the request, the Majority side in accordance with clause 2(d), House Wednesday, January 26, 2011 Staff Director (serving as the clerk of the Rule XI. Committee for such purpose) shall notify the Mr. LUCAS. Mr. Speaker, I am pleased to (f) PUBLICATION OF RULES.—The Commit- Chairman of the filing of the request. If, submit, pursuant to Rule XI, clause 2(a) of the tee’s rules shall be publicly available in elec- within three calendar days after the filing of Rules of the House, a copy of the Rules of the tronic form and published in the Congres- the request, the Chairman does not call the sional Record not later than 30 days after the Committee on Agriculture, which were adopted requested special meeting to be held within 7 Chair is elected in each odd-numbered year calendar days after the filing of the request, at the organizational meeting of the Com- as provided in clause 2(a) of House Rule XI. a majority of the members of the Committee mittee on January 25, 2011. (g) JOINT COMMITTEE REPORTS OF INVES- may file in the offices of the Committee Appendix A of the Committee Rules will in- TIGATION OR STUDY.—A report of an inves- their written notice that a special meeting clude excerpts from the Rules of the House tigation or study conducted jointly by more of the Committee will be held, specifying the relevant to the operation of the Committee. than one committee may be filed jointly, date and hour thereof, and the measures or provided that each of the committees com- matter to be considered at that special meet- Appendix B will include relevant excerpts from plies independently with all requirements for ing in accordance with clause 2(c)(2) of House the Congressional Budget Act of 1974. In the approval and filing of the report. Rule XI. The Committee shall meet on that interests of minimizing printing costs, Appen- RULE II.—COMMITTEE BUSINESS MEETINGS— dices A and B are omitted from this submis- date and hour. Immediately upon the filing REGULAR, ADDITIONAL AND SPECIAL of the notice, the Majority Staff Director sion. (a) REGULAR MEETINGS.—(1) Regular meet- (serving as the clerk) of the Committee shall RULES OF THE COMMITTEE ON AGRICULTURE ings of the Committee, in accordance with notify all members of the Committee that 112TH CONGRESS clause 2(b) of House Rule XI, shall be held on such meeting will be held and inform them of RULE I—GENERAL PROVISIONS the first Wednesday of every month to trans- its date and hour and the measure or matter (a) APPLICABILITY OF HOUSE RULES.—(1) act its business unless such day is a holiday, to be considered, and only the measure or The Rules of the House shall govern the pro- or Congress is in recess or is adjourned, in matter specified in that notice may be con- cedure of the Committee and its subcommit- which case the Chairman shall determine the sidered at that special meeting. regular meeting day of the Committee, if tees, and the rules of the Committee on Agri- RULE III.—OPEN MEETINGS AND HEARINGS; any, for that month. The Chairman shall culture so far as applicable shall be inter- BROADCASTING preted in accordance with the Rules of the provide each member of the Committee, as far in advance of the day of the regular (a) OPEN MEETINGS AND HEARINGS.—Each House, except that a motion to recess from meeting for the transaction of business, in- day to day, and a motion to dispense with meeting as practicable, a written agenda of such meeting. Items may be placed on the cluding the markup of legislation, and each the first reading (in full) of a bill or resolu- hearing by the Committee or a sub- tion, if printed copies are available, are non- agenda by the Chairman or a majority of the Committee. If the Chairman believes that committee shall be open to the public unless debatable privileged motions in the Com- there will not be any bill, resolution or other closed in accordance with clause 2(g) of mittee and its subcommittees. (See Appendix matter considered before the full Committee House Rule XI. (See Appendix A.) A for the applicable Rules of the U.S. House and there is no other business to be trans- (b) BROADCASTING AND PHOTOGRAPHY.— of Representatives.) Whenever a Committee or subcommittee (2) As provided in clause 1(a)(2) of House acted at a regular meeting, the meeting may be cancelled or it may be deferred until such meeting for the transaction of business, in- Rule XI, each subcommittee is part of the time as, in the judgment of the Chairman, cluding the markup of legislation, or a hear- Committee and is subject to the authority there may be matters which require the ing is open to the public, that meeting or and direction of the Committee and its rules Committee’s consideration. This paragraph hearing shall: so far as applicable. (See also Committee (1) To the maximum extent practicable the shall not apply to meetings of any sub- rules III, IV, V, VI, VII and X, infra.) Committee shall provide audio and video committee. (See paragraph (f) of Committee (b) AUTHORITY TO CONDUCT INVESTIGA- rule X for provisions that apply to meetings coverage of each hearing or meeting for the TIONS.—The Committee and its subcommit- of subcommittees.) transaction of business in a manner that al- tees, after consultation with the Chairman (b) ADDITIONAL MEETINGS.—(1) The Chair- lows the public to easily listen to and view of the Committee, may conduct such inves- man may call and convene, as he or she con- the proceedings and shall maintain the re- tigations and studies as they may consider siders necessary, which may not commence cordings of such coverage in a manner that necessary or appropriate in the exercise of earlier than the third day on which members is easily accessible to the public. their responsibilities under Rule X of the have notice thereof after consultation with (2) Be open to coverage by television, Rules of the House and in accordance with the Ranking Minority Member of the Com- radio, and still photography in accordance clause 2(m) of House Rule XI. mittee or after concurrence with the Rank- with clause 4 of House Rule XI (See Appendix (c) AUTHORITY TO PRINT.—The Committee ing Minority Member, additional meetings of A). When such radio coverage is conducted in is authorized by the Rules of the House to the Committee for the consideration of any the Committee or subcommittee, written no- have printed and bound testimony and other bill or resolution pending before the Com- tice to that effect shall be placed on the desk data presented at hearings held by the Com- mittee or for the conduct of other Com- of each Member. The Chairman of the Com- mittee and its subcommittees. All costs of mittee business. The Committee shall meet mittee or subcommittee, shall not limit the stenographic services and transcripts in con- for such additional meetings pursuant to the number of television or still cameras per- nection with any meeting or hearing of the notice from the Chairman. mitted in a hearing or meeting room to Committee and its subcommittees shall be (2) A hearing or meeting may begin sooner fewer than two representatives from each paid from applicable accounts of the House than specified in clause (1) (in which case the medium (except for legitimate space or safe- described in clause 1(i)(1) of House Rule X in chair shall make the announcement specified ty considerations, in which case pool cov- accordance with clause 1(c) of House Rule XI. at the earliest possible time) if the com- erage shall be authorized). (See also paragraphs (d), (e) and (f) of Com- mittee so determines by majority vote in the (c) CLOSED MEETINGS.—ATTENDEES.—No mittee rule VIII.) presence of the number of members required person other than Members of the Com- (d) VICE CHAIRMAN.—The Member of the under the rules of the committee for the mittee or subcommittee and such congres- majority party on the Committee or sub- transaction of business. sional staff and departmental representa- committee designated by the Chairman of (3) At least 24 hours prior to the com- tives as the Committee or subcommittee the full Committee shall be the vice chair- mencement of a meeting for the markup of a may authorize shall be present at any busi- man of the Committee or subcommittee in measure or matter the Chair shall cause the ness or markup session that has been closed accordance with clause 2(d) of House Rule text of such measure or matter to be made to the public as provided in clause 2(g)(1) of XI. publicly available in electronic form. House Rule XI. (e) PRESIDING MEMBER.—If the Chairman of (c) SPECIAL MEETINGS.—If at least three (d) ADDRESSING THE COMMITTEE.—A Com- the Committee or subcommittee is not members of the Committee desire that a spe- mittee member may address the Committee

∑ 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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The committee for any such purpose shall be lim- committee or subcommittee hearing or record of a hearing shall be closed ten cal- ited to five minutes, except that this time meeting is prohibited. endar days after the last oral testimony, un- limit may be waived by unanimous consent. RULE IV.—QUORUMS less the Committee or subcommittee deter- A member shall also be limited in his or her (a) WORKING QUORUM.—One-third of the mines otherwise. Any person requesting to remarks to the subject matter under consid- members of the Committee or a sub- file a statement for the record of a hearing eration, unless the Member receives unani- committee shall constitute a quorum for must so request before the hearing concludes mous consent to extend his or her remarks taking any action, other than as noted in and must file the statement before the beyond such subject. paragraphs (b) and (c). record is closed unless the Committee or sub- (e) MEETINGS TO BEGIN PROMPTLY.—Subject (b) MAJORITY QUORUM.—A majority of the committee determines otherwise. The Com- to the presence of a quorum, each meeting or members of the Committee or subcommittee mittee or subcommittee may reject any hearing of the Committee and its sub- shall constitute a quorum for: statement in light of its length or its tend- committees shall begin promptly at the time (1) the reporting of a bill, resolution or ency to defame, degrade, or incriminate any so stipulated in the public announcement of other measure (See clause 2(h)(1) of House person. the meeting or hearing. Rules XI, and Committee rule VIII); (c) PROPERTY OF THE HOUSE.—All Com- (f) PROHIBITION ON PROXY VOTING.—No vote (2) the closing of a meeting or hearing to mittee and subcommittee hearings, records, by any Member of the Committee or sub- data, charts, and files shall be kept separate committee with respect to any measure or the public pursuant to clauses 2(g), 2(k)(5) and 2(k)(7) of the Rule XI of the Rules of the and distinct from the congressional office matter may be cast by proxy. records of the Members serving as Chairman (g) LOCATION OF PERSONS AT MEETINGS.—No House; and such records shall be the property of the person other than the Committee or sub- (3) the authorizing of a subpoena as pro- House and all Members of the House shall committee Members and Committee or sub- vided in clause 2(m)(3), of House Rule XI (See have access thereto. The Majority Staff Di- committee staff may be seated in the ros- also Committee rule VI.); and rector shall promptly notify the Chairman trum area during a meeting of the Com- (4) as where required by a rule of the mittee or subcommittee unless by unani- House. and the Ranking Minority Member of any re- mous consent of Committee or sub- (c) QUORUM FOR TAKING TESTIMONY.—Two quest for access to such records. (d) AVAILABILITY OF ARCHIVED RECORDS.— committee. members of the Committee or subcommittee (h) CONSIDERATION OF AMENDMENTS AND shall constitute a quorum for the purpose of The records of the Committee at the Na- MOTIONS.—A Member, upon request, shall be taking testimony and receiving evidence. tional Archives and Records Administration recognized by the Chairman to address the RULE V.—RECORDS shall be made available for public use in ac- cordance with House Rule VII. The Chairman Committee or subcommittee at a meeting (a) MAINTENANCE OF RECORDS.—The Com- shall notify the Ranking Minority Member for a period limited to five minutes on behalf mittee shall keep a complete record of all of the Committee of the need for a Com- of an amendment or motion offered by the Committee and subcommittee action which mittee order pursuant to clause 3(b)(3) or Member or another Member, or upon any shall include— other matter under consideration, unless the (1) in the case of any meeting or hearing clause 4(b) of such House Rule, to withhold a Member receives unanimous consent to ex- transcripts, a substantially verbatim ac- record otherwise available. (e) SPECIAL RULES FOR CERTAIN RECORDS tend the time limit. Every amendment or count of remarks actually made during the AND PROCEEDINGS.—A stenographic record of motion made in Committee or subcommittee proceedings, subject only to technical, gram- a business meeting of the Committee or sub- shall, upon the demand of any Member matical and typographical corrections au- committee may be kept and thereafter may present, be reduced to writing, and a copy thorized by the person making the remarks be published if the Chairman of the Com- thereof shall be made available to all Mem- involved, and bers present. Such amendment or motion (2) written minutes shall include a record mittee, after consultation with the Ranking shall not be pending before the Committee or of all Committee and subcommittee action Minority Member, determines there is need subcommittee or voted on until the require- and a record of all votes on any question and for such a record. The proceedings of the ments of this paragraph have been met. a tally on all record votes. The result of each Committee or subcommittee in a closed (i) DEMANDING RECORD VOTE.— such record vote shall be made available by meeting, evidence or testimony in such (1) A record vote of the Committee or sub- the Committee for inspection by the public meeting, shall not be divulged unless other- committee on a question or action shall be at reasonable times in the offices of the wise determined by a majority of the Com- ordered on a demand by one-fifth of the Committee and by telephone request and mittee or subcommittee. Members present. also made publicly available in electronic (f) ELECTRONIC AVAILABILITY OF COMMITTEE (2) The Chairman of the Committee or Sub- form within 48 hours of such record vote. Not PUBLICATIONS.—To the maximum extent fea- committee may postpone further pro- later than 24 hours after adoption of an sible, the Committee shall make its publica- ceedings when a record vote is ordered on the amendment to a measure or matter, the tions available in electronic form. question of approving a measure or matter chair of the Committee shall cause the text RULE VI.—POWER TO SIT AND ACT; SUBPOENA or on adopting an amendment. If the Chair- of such amendment adopted thereto to be POWER man postpones further proceedings: (A) the Chairman may resume such post- made publicly available in electronic form. (a) AUTHORITY TO SIT AND ACT.—For the poned proceedings, after giving Members Information so available for public inspec- purpose of carrying out any of its function adequate notice, at a time chosen in con- tion shall include a description of the and duties under House Rules X and XI, the sultation with the Ranking Minority Mem- amendment, motion, order or other propo- Committee and each of its subcommittees is ber; and sition and the name of each member voting authorized (subject to paragraph (b)(1) of (B) notwithstanding any intervening order for and each member voting against such this rule)— for the previous question, the underlying amendment, motion, order, or proposition, (1) to sit and act at such times and places proposition on which proceedings were post- and the names of those members present but within the United States whether the House poned shall remain subject to further debate not voting. is in session, has recessed, or has adjourned or amendment to the same extent as when (b) ACCESS TO AND CORRECTION OF and to hold such hearings, and the question was postponed. RECORDS.—Any public witness, or person au- (2) to require, by subpoena or otherwise, (j) SUBMISSION OF MOTIONS OR AMENDMENTS thorized by such witness, during Committee the attendance and testimony of such wit- IN ADVANCE OF BUSINESS MEETINGS.—The office hours in the Committee offices and nesses and the production of such books, Committee and subcommittee-Chairman within two weeks of the close of hearings, records, correspondence, memoranda, papers may request and Committee and sub- may obtain a transcript copy of that public and documents, as it deems necessary. The committee Members should, insofar as prac- witness’s testimony and make such tech- Chairman of the Committee or sub- ticable, cooperate in providing copies of pro- nical, grammatical and typographical cor- committee, or any member designated by posed amendments or motions to the Chair- rections as authorized by the person making the Chairman, may administer oaths to any man and the Ranking Minority Member of the remarks involved as will not alter the witness. the Committee or the subcommittee twenty- nature of testimony given. There shall be (b) ISSUANCE OF SUBPOENAS.—(1) A sub- four hours before a Committee or sub- prompt return of such corrected copy of the poena may be authorized and issued by the committee business meeting. transcript to the Committee. Members of the Committee or subcommittee under para- (k) POINTS OF ORDER.—No point of order Committee or subcommittee shall receive graph (a)(2) in the conduct of any investiga- against the hearing or meeting procedures of copies of transcripts for their prompt review tion or series of investigations or activities, the Committee or subcommittee shall be en- and correction and prompt return to the only when authorized by a majority of the tertained unless it is made in a timely fash- Committee. The Committee or sub- members voting, a majority being present, as ion. committee may order the printing of a hear- provided in clause 2(m)(3)(A) of House Rule (l) LIMITATION ON COMMITTEE SITTINGS.— ing record without the corrections of any XI. Such authorized subpoenas shall be The Committee or subcommittees may not Member or witness if it determines that such signed by the Chairman of the Committee or

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JA8.002 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS January 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E117 by any member designated by the Com- mittee or subcommittee determines other- matter (including legislative reports and mittee. As soon as practicable after a sub- wise. other material) under consideration. In addi- poena is issued under this rule, the Chairman (d) WRITTEN STATEMENT; ORAL TESTI- tion, upon announcement of a hearing and shall notify all members of the Committee of MONY.—(1) Each witness who is to appear be- subsequently as they are received, the Chair- such action. fore the Committee or a subcommittee, shall man of the Committee or subcommittee (2) Notice of a meeting to consider a mo- insofar as practicable file with the Majority shall, to the extent practicable, make avail- tion to authorize and issue a subpoena Staff Director of the Committee, at least two able to the members of the Committee any should be given to all Members of the Com- working days before day of his or her appear- official reports from departments and agen- mittee by 5 p.m. of the day preceding such ance, a written statement of proposed testi- cies on such matter. (See Committee rule meeting. mony. Witnesses shall provide sufficient cop- X(f).) (3) Compliance with any subpoena issued ies of their statement for distribution to (i) OPEN HEARINGS.—Each hearing con- by the Committee or subcommittee under Committee or subcommittee Members, staff, ducted by the Committee or subcommittee paragraph (a)(2) may be enforced only as au- and the news media. Insofar as practicable, shall be open to the public, including radio, thorized or directed by the House. the Committee or subcommittee staff shall television and still photography coverage, (4) A subpoena duces tecum may specify distribute such written statements to all except as provided in clause 4 of House Rule terms of return other than at a meeting or Members of the Committee or subcommittee XI (see also Committee rule III (b).). In any hearing of the committee or subcommittee as soon as they are received as well as any event, no Member of the House may be ex- authorizing the subpoena. official reports from departments and agen- cluded from nonparticipatory attendance at (c) EXPENSES OF SUBPOENAED WITNESSES.— cies on such subject matter. All witnesses any hearing unless the House by majority Each witness who has been subpoenaed, upon may be limited in their oral presentations to vote shall authorize the Committee or sub- the completion of his or her testimony be- brief summaries of their statements within committee, for purposes of a particular se- fore the Committee or any subcommittee, the time allotted to them, at the discretion ries of hearings on a particular bill or resolu- may report to the offices of the Committee, of the Chairman of the Committee or sub- tion or on a particular subject of investiga- and there sign appropriate vouchers for trav- committee, in light of the nature of the tes- tion, to close its hearings to Members by el allowances and attendance fees to which timony and the length of time available. means of the above procedure. he or she is entitled. If hearings are held in (2) As noted in paragraph (a) of Committee (j) HEARINGS AND REPORTS.—(1)(i) The cities other than Washington D.C., the sub- rule VI, the Chairman of the Committee or Chairman of the Committee or sub- poenaed witness may contact the Majority one of its subcommittees, or any Member committee at a hearing shall announce in an Staff Director of the Committee, or his or designated by the Chairman, may administer opening statement the subject of the inves- her representative, before leaving the hear- an oath to any witness. tigation. A copy of the Committee rules (and ing room. (3) To the greatest extent practicable, each the applicable provisions of clause 2 of House witness appearing in a non-governmental ca- Rule XI, regarding hearing procedures, an RULE VII.—HEARING PROCEDURES pacity shall include with the written state- excerpt of which appears in Appendix A (a) POWER TO HEAR.—For the purpose of ment of proposed testimony a curriculum thereto) shall be made available to each wit- carrying out any of its functions and duties vitae and disclosure of the amount and ness upon request. Witnesses at hearings under House Rule X and XI, the Committee source (by agency and program) of any Fed- may be accompanied by their own counsel and its subcommittees are authorized to sit eral grant (or subgrant thereof) or contract for the purpose of advising them concerning and hold hearings at any time or place with- (or subcontract thereof) received during the their constitutional rights. The Chairman of in the United States whether the House is in current fiscal year or either of the two pre- the Committee or subcommittee may punish session, has recessed, or has adjourned. (See ceding fiscal years. Such statements, with breaches of order and decorum, and of profes- paragraph (a) of Committee rule VI and para- appropriate redactions to protect the privacy sional ethics on the part of counsel, by cen- graph (f) of Committee rule X for provisions of witnesses, shall be made publicly avail- sure and exclusion from the hearings; but relating to subcommittee hearings and meet- able in electronic form not later than one only the full Committee may cite the of- ings.) day after the witness appears. fender to the House for contempt. (b) ANNOUNCEMENT.—The Chairman of the (e) QUESTIONING OF WITNESSES.—Com- (ii) Whenever it is asserted by a member of Committee shall after consultation with the mittee or subcommittee Members may ques- the committee that the evidence or testi- Ranking Minority Member of the Com- tion witnesses only when they have been rec- mony at a hearing may tend to defame, de- mittee, make a public announcement of the ognized by the Chairman of the Committee grade, or incriminate any person, or it is as- date, place and subject matter of any Com- or subcommittee for that purpose. Each serted by a witness that the evidence or tes- mittee hearing at least one week before the Member so recognized shall be limited to timony that the witness would give at a commencement of the hearing. The Chair- questioning a witness for five minutes until hearing may tend to defame, degrade, or in- man of a subcommittee shall schedule a such time as each Member of the Committee criminate the witness, such testimony or hearing only after consultation with the or subcommittee who so desires has had an evidence shall be presented in executive ses- Chairman of the Committee and after con- opportunity to question the witness for five sion, notwithstanding the provisions of para- sultation with the Ranking Minority Mem- minutes; and thereafter the Chairman of the graph (i) of this rule, if by a majority of ber of the subcommittee, and the Chairmen Committee or subcommittee may limit the those present, there being in attendance the of the other subcommittees after such con- time of a further round of questioning after requisite number required under the rules of sultation with the Committee Chairman, and giving due consideration to the importance the Committee to be present for the purpose shall request the Majority Staff Director to of the subject matter and the length of time of taking testimony, the Committee or sub- make a public announcement of the date, available. All questions put to witnesses committee determines that such evidence or place, and subject matter of such hearing at shall be germane to the measure or matter testimony may tend to defame, degrade, or least one week before the hearing. If the under consideration. Unless a majority of incriminate any person. The Committee or Chairman of the Committee or the sub- the Committee or subcommittee determines subcommittee shall afford a person an oppor- committee, with concurrence of the Ranking otherwise, no committee or subcommittee tunity voluntarily to appear as a witness; Minority Member of the Committee or sub- staff shall interrogate witnesses. and the Committee or subcommittee shall committee, determines there is good cause (f) EXTENDED QUESTIONING FOR DESIGNATED receive and shall dispose of requests from to begin the hearing sooner, or if the Com- MEMBERS.—Notwithstanding paragraph (e), such person to subpoena additional wit- mittee or subcommittee so determines by the Chairman and Ranking Minority member nesses. majority vote, a quorum being present for may designate an equal number of Members (iii) No evidence or testimony taken in ex- the transaction of business, the Chairman of from each party to question a witness for a ecutive session may be released or used in the Committee or subcommittee, as appro- period not longer than 60 minutes. public sessions without the consent of the priate, shall request the Majority Staff Di- (g) WITNESSES FOR THE MINORITY.—When Committee or subcommittee. In the discre- rector to make such public announcement at any hearing is conducted by the Committee tion of the Committee or subcommittee, wit- the earliest possible date. The clerk of the or any subcommittee upon any measure or nesses may submit brief and pertinent state- Committee shall promptly notify the Daily matter, the minority party members on the ments in writing for inclusion in the record. Digest Clerk of the Congressional Record, Committee or subcommittee shall be enti- The Committee or subcommittee is the sole and shall promptly enter the appropriate in- tled, upon request to the Chairman by a ma- judge of the pertinency of testimony and evi- formation into the Committee scheduling jority of those minority members before the dence adduced at its hearings. A witness may service of the House Information Systems as completion of such hearing, to call witnesses obtain a transcript copy of his or her testi- soon as possible after such public announce- selected by the minority to testify with re- mony given at a public session or, if given at ment is made. spect to that measure or matter during at an executive session, when authorized by the (c) SCHEDULING OF WITNESSES.—Except as least one day of hearing thereon as provided Committee or subcommittee. (See paragraph otherwise provided in this rule, the sched- in clause 2(j)(1) of House Rule XI. (c) of Committee rule V.) uling of witnesses and determination of the (h) SUMMARY OF SUBJECT MATTER.—Upon (2) A proposed investigative or oversight time allowed for the presentation of testi- announcement of a hearing, to the extent report shall be considered as read if it has mony at hearings shall be at the discretion practicable, the Committee shall make been available to the members of the Com- of the Chairman of the Committee or sub- available immediately to all members of the mittee for at least 24 hours (excluding Satur- committee, unless a majority of the Com- Committee a concise summary of the subject days, Sundays, or legal holidays except when

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JA8.003 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS E118 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 2011 the House is in session on such day) in ad- by any Government agency when prac- reported bill or resolution, the Committee vance of their consideration. ticable, and (ii) a comparison of the total es- shall make every reasonable effort to have RULE VIII.—THE REPORTING OF BILLS AND timated funding level for the relevant pro- the record of such hearings printed and RESOLUTIONS gram (or programs) with appropriate levels available for distribution to the Members of (a) FILING OF REPORTS.—The Chairman under current law (the provisions of this the House prior to the consideration of such shall report or cause to be reported promptly clause do not apply if a cost estimate and bill or resolution by the House. Each printed to the House any bill, resolution, or other comparison prepared by the Director of the hearing of the Committee or any of its sub- measure approved by the Committee and Congressional Budget Office under section committees shall include a record of the at- shall take or cause to be taken all necessary 403 of the Congressional Budget Act of 1974 tendance of the Members. (g) COMMITTEE PRINTS.—All Committee or steps to bring such bill, resolution, or other has been timely submitted prior to the filing subcommittee prints or other Committee or measure to a vote. No bill, resolution, or of the report and included in the report); subcommittee documents, other than reports measure shall be reported from the Com- (11) a list of congressional earmarks, lim- or prints of bills, that are prepared for public mittee unless a majority of Committee is ac- ited tax benefits, and limited tariff benefits distribution shall be approved by the Chair- tually present. A Committee report on any in the bill or in the report (and the name of man of the Committee or the Committee bill, resolution, or other measure approved any Member, Delegate, or Resident Commis- sioner who submitted a request to the com- prior to public distribution. by the Committee shall be filed within seven (h) POST ADJOURNMENT FILING OF COM- calendar days (not counting days on which mittee for each respective item included in such list) or a statement that the propo- MITTEE REPORTS.—(1) After an adjournment the House is not in session) after the day on of the last regular session of a Congress sine which there has been filed with the Majority sition contains no congressional earmarks, limited tax benefits, or limited tariff bene- die, an investigative or oversight report ap- Staff Director of the Committee a written proved by the Committee may be filed with request, signed by a majority of the Com- fits; (12) the changes in existing law (if any) the Clerk at any time, provided that if a mittee, for the reporting of that bill or reso- shown in accordance with clause 3 of House member gives notice at the time of approval lution. The Majority Staff Director of the Rule XIII; of intention to file supplemental, minority, Committee shall notify the Chairman imme- (13) the determination required pursuant or additional views, that member shall be en- diately when such a request is filed. to section 5(b) of Public Law 92–463, if the titled to not less than seven calendar days in (b) CONTENT OF REPORTS.—Each Committee which to submit such views for inclusion report on any bill or resolution approved by legislation reported establishes or authorizes with the report. the Committee shall include as separately the establishment of an advisory committee; and (2) After an adjournment of the last reg- identified sections: ular session of a Congress sine die, the Chair- (1) a statement of the intent or purpose of (14) the information on Federal and inter- governmental mandates required by section man of the Committee may file at any time the bill or resolution; with the Clerk the Committee’s activity re- (2) a statement describing the need for 423(c) and (d) of the Congressional Budget port for that Congress pursuant to clause such bill or resolution; Act of 1974, as added by the Unfunded Man- (3) a statement of Committee and sub- dates Reform Act of 1995 (P.L. 104–4). 1(d)(1) of rule XI of the Rules of the House committee consideration of the measure in- (15) a statement regarding the applica- without the approval of the Committee, pro- cluding a summary of amendments and mo- bility of section 102(b)(3) of the Congres- vided that a copy of the report has been tions offered and the actions taken thereon; sional Accountability Act, Public Law 104–1. available to each member of the Committee (4) the results of the each record vote on (c) SUPPLEMENTAL, MINORITY, OR ADDI- for at least seven calendar days and the re- any amendment in the Committee and sub- TIONAL VIEWS.—If, at the time of approval of port includes any supplemental, minority, or committee and on the motion to report the any measure or matter by the Committee, additional views submitted by a member of measure or matter, including the names of any Member of the Committee gives notice the Committee. those Members and the total voting for and of intention to file supplemental, minority, (i) The Chairman is directed to offer a mo- the names of those Members and the total or additional views, that Member shall be en- tion under clause 1 of rule XXII of the Rules voting against such amendment or motion titled to not less than two subsequent cal- of the House whenever the Chairman con- (See clause 3(b) of House rule XIII); endar days (excluding Saturdays, Sundays, siders it appropriate. (5) the oversight findings and recommenda- and legal holidays except when the House is RULE IX.—OTHER COMMITTEE ACTIVITIES tions of the Committee with respect to the in session on such date) in which to file such (a) OVERSIGHT PLAN.—Not later than Feb- subject matter of the bill or resolution as re- views, in writing and signed by that Member, ruary 15 of the first session of a Congress, quired pursuant to clause 3(c)(1) of House with the Majority Staff Director of the Com- the Chairman shall convene the Committee Rule XIII and clause 2(b)(1) of House Rule X; mittee. When time guaranteed by this para- in a meeting that is open to the public and (6) the detailed statement described in sec- graph has expired (or if sooner, when all sep- with a quorum present to adopt its oversight tion 308(a) of the Congressional Budget Act arate views have been received), the Com- plans for that Congress. Such plans shall be of 1974 if the bill or resolution provides new mittee may arrange to file its report with submitted simultaneously to the Committee budget authority (other than continuing ap- the Clerk of the House not later than one on Government Reform and to the Com- propriations), new spending authority de- hour after the expiration of such time. All mittee on House Administration. In devel- scribed in section 401(c)(2) of such Act, new such views (in accordance with House Rule oping such plans the Committee shall, to the credit authority, or an increase or decrease XI, clause 2(1) and House Rule XIII, clause maximum extent feasible— in revenues or tax expenditures, except that 3(a)(1)), as filed by one or more Members of (1) consult with other committees of the the estimates with respect to new budget au- the Committee, shall be included within and House that have jurisdiction over the same thority shall include, when practicable, a made a part of the report filed by the Com- or related laws, programs, or agencies within comparison of the total estimated funding mittee with respect to that bill or resolu- its jurisdiction, with the objective of ensur- level for the relevant program (or programs) tion. ing that such laws, programs, or agencies are to the appropriate levels under current law; (d) PRINTING OF REPORTS.—The report of reviewed in the same Congress and that (7) the estimate of costs and comparison of the Committee on the measure or matter there is a maximum of coordination between such estimates, if any, prepared by the Di- noted in paragraph (a) above shall be printed such committees in the conduct of such re- rector of the Congressional Budget Office in in a single volume, which shall: views; and such plans shall include an expla- connection with such bill or resolution pur- (1) include all supplemental, minority or nation of what steps have been and will be suant to section 402 of the Congressional additional views that have been submitted taken to ensure such coordination and co- Budget Act of 1974 if submitted in timely by the time of the filing of the report; and operation; fashion to the Committee; (2) bear on its cover a recital that any such (2) review specific problems with federal (8) a statement of general performance supplemental, minority, or additional views rules, regulations, statutes, and court deci- goals and objectives, including outcome-re- (and any material submitted under House sions that are ambiguous, arbitrary, or non- lated goals and objectives, for which the Rule XII, clause 3(a)(1)) are included as part sensical, or that impose severe financial bur- measure authorizes funding; of the report. dens on individuals; (9) a statement citing the specific powers (e) IMMEDIATE PRINTING; SUPPLEMENTAL (3) give priority consideration to including granted to the Congress in the Constitution REPORTS.—Nothing in this rule shall pre- in its plans the review of those laws, pro- to enact the law proposed by the bill or joint clude (1) the immediate filing or printing of grams, or agencies operating under perma- resolution; a Committee report unless timely request for nent budget authority or permanent statu- (10) an estimate by the committee of the the opportunity to file supplemental, minor- tory authority; costs that would be incurred in carrying out ity, or additional views has been made as (4) have a view toward ensuring that all such bill or joint resolution in the fiscal year provided by paragraph (c), or (2) the filing by significant laws, programs, or agencies with- in which it is reported and for its authorized the Committee of any supplemental report in its jurisdiction are subject to review at duration or for each of the five fiscal years on any bill or resolution that may be re- least once every ten years; and following the fiscal year of reporting, which- quired for the correction of any technical (5) include proposals to cut or eliminate ever period is less (see Rule XIII, clause error in a previous report made by the Com- programs, including mandatory spending 3(d)(2), (3) and (h)(2), (3)), together with— mittee on that bill or resolution. programs, that are inefficient, duplicative, (i) a comparison of these estimates with (f) AVAILABILITY OF PRINTED HEARING outdated, or more appropriately adminis- those made and submitted to the Committee RECORDS.—If hearings have been held on any tered by State or local governments.

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JA8.004 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS January 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E119 The Committee and its appropriate sub- jority party than the ratio of majority party Soil, water, and resource conservation, small committees shall review and study, on a con- Members to minority party Members on the watershed program, energy and biobased en- tinuing basis, the impact or probable impact Committee. In making recommendations of ergy production, rural electrification, for- of tax policies affecting subjects within its Minority Party Members as conferees, the estry in general and forest reserves other jurisdiction as provided in clause 2(d) of Chairman shall consult with the Ranking than those created from the public domain. House Rule X. The Committee shall include Minority Member of the Committee. Department Operations, Oversight, and in the report filed pursuant to clause 1(d) of (f)(1) The Committee, or a subcommittee, Credit (10 members, 6 majority and 4 minor- House Rule XI a summary of the oversight shall hold at least one hearing during each ity).—Agency oversight, review and analysis, plans submitted by the Committee under 120-day period following the establishment of special investigations, and agricultural cred- clause 2(d) of House Rule X, a summary of the committee on the topic of waste, fraud, it. actions taken and recommendations made abuse, or mismanagement in Government General Farm Commodities and Risk Man- with respect to each such plan, and a sum- programs which the committee may author- agement, (26 members, 15 majority and 11 mi- mary of any additional oversight activities ize. nority).—Program and markets related to undertaken by the Committee and any rec- (2) A hearing described in subparagraph (1) cotton, cottonseed, wheat, feed grains, soy- ommendations made or actions taken there- shall include a focus on the most egregious beans, oilseeds, rice, dry beans, peas, lentils, on. instances of waste, fraud, abuse, or mis- the Commodity Credit Corporation, risk (b) ANNUAL APPROPRIATIONS.—The Com- management as documented by any report management, including crop insurance, com- mittee shall, in its consideration of all bills the committee has received from a Federal modity exchanges, and specialty crops. and joint resolutions of a public character Office of the Inspector General or the Comp- Livestock, Dairy, and Poultry, Ratios (20 Live- within its jurisdiction, ensure that appro- troller General of the United States. members, 11 majority and 9 minority).— stock, dairy, poultry, meat, seafood and sea- priations for continuing programs and ac- (g) The Committee or a subcommittee, food products, inspection, marketing, and tivities of the Federal government and the shall hold at least one hearing in any session promotion of such commodities, aqua- District of Columbia government will be in which the committee has received dis- culture, animal welfare, and grazing. made annually to the maximum extent fea- claimers of agency financial statements Nutrition and Horticulture, Ratios (10 sible and consistent with the nature, require- from auditors of any Federal agency that the ments, and objectives of the programs and members, 6 majority and 4 minority).—Food committee may authorize to hear testimony stamps, nutrition and consumer programs, activities involved. The Committee shall re- on such disclaimers from representatives of view, from time to time, each continuing fruits and vegetables, honey and bees, mar- any such agency. keting and promotion orders, plant pes- program within its jurisdiction for which ap- (h) The Committee or a subcommittee, propriations are not made annually in order ticides, quarantine, adulteration of seeds and shall hold at least one hearing on issues insect pests, and organic agriculture. to ascertain whether such program could be raised by reports issued by the Comptroller modified so that appropriations therefor Rural Development, Research, Bio- General of the United States indicating that technology, and Foreign Agriculture, Ratios would be made annually. Federal programs or operations that the (c) BUDGET ACT COMPLIANCE: VIEWS AND ES- (14 members, 8 majority and 6 minority).— committee may authorize are at ‘high risk TIMATES. (See Appendix B)—Not later than Rural Development, farm security and fam- for waste, fraud, and mismanagement, six weeks after the President submits his ily farming matters, research, education and known as the ‘high-risk-list’ or the ‘high- budget under section 1105(a) of title 31, extension, biotechnology, foreign agriculture risk series’. assistance, and trade promotion programs, United State Code, or at such time as the (i)(1) Not later than the 30th day after June Committee on the Budget may request, the generally. 1 and December 1, the Committee shall sub- (d) REFERRAL OF LEGISLATION.— Committee shall, submit to the Committee mit to the House a semiannual report on the (1)(a) IN GENERAL.—All bills, resolutions, on the Budget (1) its views and estimates activities of the committee. After adjourn- and other matters referred to the Committee with respect to all matters to be set forth in ment sine die of a regular session of Con- shall be referred to all subcommittees of ap- the concurrent resolution on the budget for gress, or after December 15, whichever occurs propriate jurisdiction within 2 weeks after the ensuing fiscal year (under section 301 of first, the Chair may file the second or fourth being referred to the Committee. After con- the Congressional Budget Act of 1974—see semiannual report, a copy of which shall be sultation with the Ranking Minority Mem- Appendix B) that are within its jurisdiction made available to each member of the com- ber, the Chairman may determine that the or functions; and (2) an estimate of the total mittee for at least seven calendar days, with Committee will consider certain bills, reso- amounts of new budget authority, and budg- the Clerk at any time. lutions, or other matters. et outlays resulting therefrom, to be pro- (2) Such report shall include separate sec- (b) TRADE MATTERS—Unless action is oth- vided or authorized in all bills and resolu- tions summarizing the legislative and over- erwise taken under subparagraph (3), bills, tions within its jurisdiction that it intends sight activities of the Committee during resolutions, and other matters referred to to be effective during that fiscal year. that Congress. the Committee relating to foreign agri- (d) BUDGET ACT COMPLIANCE: RECOMMENDED (3) The oversight section of such report culture, foreign food or commodity assist- CHANGES.—Whenever the Committee is di- shall include a summary of the oversight ance, and foreign trade and marketing issues rected in a concurrent resolution on the plans submitted by the Committee pursuant will be considered by the Committee. budget to determine and recommend changes to clause 2(d) of House Rule X, a summary of (2) The Chairman, by a majority vote of in laws, bills, or resolutions under the rec- the actions taken and recommendations the Committee, may discharge a sub- onciliation process, it shall promptly make made with respect to each such plan, and a committee from further consideration of any such determination and recommendations, summary of any additional oversight activi- bill, resolution, or other matter referred to and report a reconciliation bill or resolution ties undertaken by the Committee, and any the subcommittee and have such bill, resolu- (or both) to the House or submit such rec- recommendations made or actions taken tion or other matter considered by the Com- ommendations to the Committee on the with respect thereto. mittee. The Committee having referred a Budget, in accordance with the Congres- bill, resolution, or other matter to a sub- sional Budget Act of 1974 (See Appendix B). RULE X.—SUBCOMMITTEES committee in accordance with this rule may (e) CONFERENCE COMMITTEES.—Whenever in (a) NUMBER AND COMPOSITION.—There shall discharge such subcommittee from further the legislative process it becomes necessary be such subcommittees as specified in para- consideration thereof at any time by a vote to appoint conferees, the Chairman shall, graph (c) of this rule. Each of such sub- of the majority members of the Committee after consultation with the Ranking Minor- committees shall be composed of the number for the Committee’s direct consideration or ity Member, determine the number of con- of members set forth in paragraph (c) of this for reference to another subcommittee. ferees the Chairman deems most suitable and rule, including ex officio members.1 The (3) Unless the Committee, a quorum being then recommend to the Speaker as con- Chairman may create additional subcommit- present, decides otherwise by a majority ferees, in keeping with the number to be ap- tees of an ad hoc nature as the Chairman de- vote, the Chairman may refer bills, resolu- pointed by the Speaker as provided in House termines to be appropriate subject to any tions, legislation or other matters not spe- Rule I, clause 11, the names of those Mem- limitations provided for in the House Rules. cifically within the jurisdiction of a sub- bers of the Committee of not less than a ma- (b) RATIOS.—On each subcommittee, there committee, or that is within the jurisdiction jority who generally supported the House po- shall be a ratio of majority party members of more than one subcommittee, jointly or sition and who were primarily responsible to minority party members which shall be exclusively as the Chairman deems appro- for the legislation. The Chairman shall, to consistent with the ratio on the full Com- priate, including concurrently to the sub- the fullest extent feasible, include those mittee. In calculating the ratio of majority committees with jurisdiction, sequentially Members of the Committee who were the party members to minority party members, to the subcommittees with jurisdiction (sub- principal proponents of the major provisions there shall be included the ex officio members ject to any time limits deemed appropriate), of the bill as it passed the House and such of the subcommittees and ratios below re- divided by subject matter among the sub- other Committee Members of the majority flect that fact. committees with jurisdiction, or to an ad hoc party as the Chairman may designate in con- (c) JURISDICTION.—Each subcommittee subcommittee appointed by the Chairman sultation with the Members of the majority shall have the following general jurisdiction for the purpose of considering the matter party. Such recommendations shall provide a and number of members: and reporting to the Committee thereon, or ratio of majority party Members to minority Conservation, Energy, and Forestry (22 make such other provisions deemed appro- party Members no less favorable to the ma- members, 12 majority and 10 minority).— priate.

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(e) PARTICIPATION AND SERVICE OF COM- majority of the Committee determines oth- (i) The purpose of the official travel; MITTEE MEMBERS ON SUBCOMMITTEES.—(1) erwise. (ii) The dates during which the official The Chairman and the Ranking Minority (h) SUBCOMMITTEE INVESTIGATIONS.—No in- travel is to be made and the date or dates of Member shall serve as ex officio members of vestigation shall be initiated by a sub- the event for which the official travel is all subcommittees and shall have the right committee without the prior consultation being made; to vote on all matters before the subcommit- with the Chairman of the Committee or a (iii) The location of the event for which the tees. The Chairman and the Ranking Minor- majority of the Committee. official travel is to be made; and (iv) The names of members and Committee ity Member may not be counted for the pur- END NOTE staff seeking authorization. pose of establishing a quorum. 1 The Chairman and Ranking Minority (2) In the case of official travel of members (2) Any member of the Committee who is Member of the Committee serve as ex officio and staff of a subcommittee to hearings, not a member of the subcommittee may have Members of the Subcommittees. (See para- meetings, conferences, facility inspections the privilege of sitting and nonparticipatory graph (e) of this Rule). and investigations involving activities or attendance at subcommittee hearings or RULE XI.—COMMITTEE BUDGET, STAFF, AND subject matter under the jurisdiction of such meetings in accordance with clause 2(g)(2) of TRAVEL subcommittee to be paid for out of funds al- House Rule XI. Such member may not: (a) COMMITTEE BUDGET.—The Chairman, in located to the Committee, prior authoriza- (i) vote on any matter; tion must be obtained from the sub- (ii) be counted for the purpose of a estab- consultation with the majority members of committee Chairman and the full Committee lishing a quorum; the Committee, and the minority members Chairman. Such prior authorization shall be (iii) participate in questioning a witness of the Committee, shall prepare a prelimi- given by the Chairman only upon the rep- under the five minute rule, unless permitted nary budget for each session of the Congress. Such budget shall include necessary amounts resentation by the applicable subcommittee to do so by the subcommittee Chairman in Chairman in writing setting forth those consultation with the Ranking Minority for staff personnel, travel, investigation, and other expenses of the Committee and sub- items enumerated in clause (1). Member or a majority of the subcommittee, (3) Within 60 days of the conclusion of any committees. After consultation with the a quorum being present; official travel authorized under this rule, Ranking Minority Member, the Chairman (iv) raise points of order; or there shall be submitted to the Committee (v) offer amendments or motions. shall include an amount budgeted to minor- Chairman a written report covering the in- (f) SUBCOMMITTEE HEARINGS AND MEET- ity members for staff under their direction formation gained as a result of the hearing, INGS.—(1) Each subcommittee is authorized and supervision. Thereafter, the Chairman meeting, conference, facility inspection or to meet, hold hearings, receive evidence, and shall combine such proposals into a consoli- investigation attended pursuant to such offi- make recommendations to the Committee on dated Committee budget, and shall take cial travel. all matters referred to it or under its juris- whatever action is necessary to have such (4) Local currencies owned by the United diction after consultation by the sub- budget duly authorized by the House. States shall be made available to the Com- committee Chairmen with the Committee (b) COMMITTEE STAFF.—(1) The Chairman mittee and its employees engaged in car- Chairman. (See Committee rule VII.) shall appoint and determine the remunera- rying out their official duties outside the (2) After consultation with the Committee tion of, and may remove, the professional United States, its territories or possessions. Chairman, subcommittee Chairmen shall set and clerical employees of the Committee not No appropriated funds shall be expended for dates for hearings and meetings of their sub- assigned to the minority. The professional the purpose of defraying expenses of Mem- committees and shall request the Majority and clerical staff of the Committee not as- bers of the Committee or is employees in any Staff Director to make any announcement signed to the minority shall be under the country where local currencies are available relating thereto. (See Committee rule general supervision and direction of the for this purpose; and the following condi- VII(b).) In setting the dates, the Committee Chairman, who shall establish and assign the tions shall apply with respect to their use of Chairman and subcommittee Chairman shall duties and responsibilities of such staff such currencies; consult with other subcommittee Chairmen members and delegate such authority as he (i) No Member or employee of the Com- and relevant Committee and Subcommittee or she determines appropriate. (See House mittee shall receive or expend local cur- Ranking Minority Members in an effort to Rule X, clause 9). rencies for subsistence in any country at a avoid simultaneously scheduling Committee (2) The Ranking Minority member of the rate in excess of the maximum per diem rate and subcommittee meetings or hearings to Committee shall appoint and determine the set forth in applicable Federal law; and (ii) the extent practicable. remuneration of, and may remove, the pro- Each Member or employee of the Committee (3) Notice of all subcommittee meetings fessional and clerical staff assigned to the shall make an itemized report to the Chair- shall be provided to the Chairman and the minority within the budget approved for man within 60 days following the completion Ranking Minority Member of the Committee such purposes. The professional and clerical of travel showing the dates each country was by the Majority Staff Director. staff assigned to the minority shall be under visited, the amount of per diem furnished, (4) Subcommittees may hold meetings or the general supervision and direction of the the cost of transportation furnished, and any hearings outside of the House if the Chair- Ranking Minority Member of the Committee funds expended for any other official pur- man of the Committee and other sub- who may delegate such authority as he or pose, and shall summarize in these cat- committee Chairmen and the Ranking Mi- she determines appropriate. egories the total foreign currencies and ap- nority Member of the subcommittee is con- (3) From the funds made available for the propriated funds expended. All such indi- sulted in advance to ensure that there is no appointment of Committee staff pursuant to vidual reports shall be filed by the Chairman scheduling problem. However, the majority any primary or additional expense resolu- with the Committee on House Administra- of the Committee may authorize such meet- tion, the Chairman shall ensure that each tion and shall be open to public inspection. ing or hearing. subcommittee is adequately funded and RULE XII.—AMENDMENT OF RULES (5) The provisions regarding notice and the staffed to discharge its responsibilities and These rules may be amended by a majority agenda of Committee meetings under Com- that the minority party is fairly treated in vote of the Committee. A proposed change in mittee rule II(a) and special or additional the appointment of such staff (See House these rules shall not be considered by the meetings under Committee rule II(b) shall Rule X, clause 6(d)). Committee as provided in clause 2 of House apply to subcommittee meetings. (c) COMMITTEE TRAVEL.—(1) Consistent Rule XI, unless written notice of the pro- (6) If a vacancy occurs in a subcommittee with the primary expense resolution and posed change has been provided to each Com- chairmanship, the Chairman may set the such additional expense resolution as may mittee member two legislative days in ad- dates for hearings and meetings of the sub- have been approved, the provisions of this vance of the date on which the matter is to committee during the period of vacancy. The rule shall govern official travel of Com- be considered. Any such change in the rules Chairman may also appoint an acting sub- mittee members and Committee staff regard- of the Committee shall be published in the committee Chairman until the vacancy is ing domestic and foreign travel (See House Congressional Record within 30 calendar filled. rule XI, clause 2(n) and House Rule X, clause days after its approval. (g) SUBCOMMITTEE ACTION.—(1) Any bill, 8 (reprinted in Appendix A)). Official travel f resolution, recommendation, or other matter for any member or any Committee staff forwarded to the Committee by a sub- member shall be paid only upon the prior au- REPEALING THE JOB-KILLING committee shall be promptly forwarded by thorization of the Chairman. Official travel HEALTH CARE LAW ACT the subcommittee Chairman or any sub- may be authorized by the Chairman for any committee member authorized to do so by Committee Member and any Committee staff SPEECH OF the subcommittee. (2) Upon receipt of such member in connection with the attendance recommendation, the Majority Staff Direc- of hearings conducted by the Committee and HON. CORY GARDNER tor of the Committee shall promptly advise its subcommittees and meetings, con- OF COLORADO all members of the Committee of the sub- ferences, facility inspections, and investiga- IN THE HOUSE OF REPRESENTATIVES committee action. tions which involve activities or subject Wednesday, January 19, 2011 (3) The Committee shall not consider any matter relevant to the general jurisdiction matters recommended by subcommittees of the Committee. Before such authorization Mr. GARDNER. Mr. Speaker, I rise today in until two calendar days have elapsed from is given there shall be submitted to the support of H.R. 2, which would repeal the the date of action, unless the Chairman or a Chairman in writing the following: health care law.

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JA8.007 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS January 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E121 Some ask why we simply can’t just change field, nearly eight years with the Contra Costa As an educator, Dock Brown made a tre- the law that is on the books—amend it to Sheriff’s Department, and more than two years mendous and undeniable impact on the lives make it a bit better. Mr. Speaker, we cannot with Fresno County Sheriff’s Department. As of students in Halifax County. He was truly the build upon something that is fundamentally his colleagues, friends and family gather to- catalyst for many young people growing into flawed. So before we move forward with a re- gether to celebrate the next chapter of his life, strong, well-educated and productive adult citi- placement, we must get rid of the law in front I ask all of my colleagues to join me in salut- zens. of us. Repeal will free businesses and individ- ing this outstanding public servant and de- Over his many years of service, he served uals from costly, onerous, and unconstitutional fender of peace and safety. as a Halifax County Commissioner; state rep- mandates. Once we do that, we can move to- David began his law enforcement career as resentative in the. North Carolina House of ward replacing it with real solutions that help a Deputy Sheriff with Fresno County and then Representatives, Weldon Town Commissioner; Americans get affordable healthcare and help Contra Costa County. He was then hired as a Trustee at Elizabeth City State University, and businesses avoid excessive costs and pen- Police Officer with the Fairfield Police Depart- as an appointee to the Governor’s Commis- alties associated with this law. ment on November 27, 1989. As an officer, he sion to select Superior Court Judges. For his Mr. Speaker, I believe we can achieve these worked in various capacities including Patrol, untiring service to the State of North Carolina, goals by doing the following things. First, we Investigations, Firearms Instruction, and Field Dock was awarded the state’s highest civilian need to create a mechanism whereby small Training. He joined the Special Activity Felony honor—the Order of the Long Leaf Pine—by businesses and associations can pool together Enforcement, SAFE, Team in 1992 and was then-Governor James Hunt. Dock Brown also served on the county’s to get health insurance through their respec- promoted to Police Corporal on April 19, 2002. health board and he was honored with the tive organizations. I believe that these asso- On July 9, 2004, David was promoted to Lifetime Achievement Award from the State ciations and individuals should be allowed to Police Sergeant and ultimately supervised a Mental Health Association for his tireless dedi- purchase insurance plans across state lines, number of different teams including Patrol, Violent Crime Suppression, Traffic and Inves- cation to the issue of Mental Health. creating choice and competition which will ulti- He was also an active member of First Bap- tigations. He was an extremely capable and mately drive down the cost of health insurance tist Church in Roanoke Rapids starting at age for everyone. Furthermore, tort reform must be team orientated leader. Over the course of his 11, and he served in many capacities includ- addressed in a way that reduces medical mal- career, David has received numerous com- ing Deacon for over fifty years. practice lawsuits, which has had a profound mendations from the community and his co- Dock Brown was a true public servant with effect on the ability of doctors to practice and workers. a legacy that will live on through the many has made the profession less appealing to in- David was a valued employee and leader of people he inspired over the years, including dividuals who truly want to serve those in the Fairfield Police Department. His commit- myself. I had the pleasure of offering legisla- need. ment to the community was unwavering. He tion to this body that was signed into law nam- This healthcare bill is a recipe for further fis- was a loyal representative of the law enforce- ing the Weldon, N.C. Post Office in honor to cal insanity. It expands already bloated entitle- ment community and admired amongst his Dock Brown. It was a fitting honor, and I know ment programs and will add 32 million more peers for his hard work, dedication and posi- his community will truly miss him. people to these programs by 2019 at a cost of tive work ethic. Dock Brown leaves behind his wonderful $938 billion. States in particular will be se- Mr. Speaker, I am truly honored to pay trib- wife, Helen, after nearly 60 years of marriage. verely burdened by the new law. They will ute to this dedicated public servant. I ask all They raised two wonderful children: Dock now be required to increase Medicaid eligibility of my colleagues to join with me in wishing Brown, Jr. and Ivy Brown Singlton, who is to cover individuals below 138 percent of the David N. Walsh continued success and happi- married to U.S. Army Lt. Col. Terance pcverty level, which will eventually lead many ness in all of his future endeavors. Singlton, II. already cash-strapped states down the road to f Mr. Speaker, I ask my colleagues to join me in recognizing the remarkable life of Dock bankruptcy. These expansions are simply TRIBUTE TO DOCK MONTERIA Monteria Brown, and to join me in praying for unsustainable, especially during our current BROWN economic crisis. What we need is reform, not his wife and family during these difficult times. massive expansion of entitlement programs. I know they will draw comfort in knowing that This is just one of the problems with this bill, HON. G.K. BUTTERFIELD he lived a great life and that he left a great OF NORTH CAROLINA Mr. Speaker. Not only will it expand entitle- and indelible mark on his community. IN THE HOUSE OF REPRESENTATIVES ments, it will raise premiums for millions of f Wednesday, January 26, 2011 families and it includes an unconstitutional RECOGNIZING THE NATIONAL COM- mandate requiring individuals to purchase Mr. BUTTERFIELD. Mr. Speaker, It is with MISSION ON THE BP DEEPWATER healthcare. At a time when families are al- great sadness that I rise today to pay tribute HORIZON OIL SPILL AND OFF- ready struggling to make ends meet, this is to a community giant, Dock Monteria Brown, a SHORE DRILLING not the right choice for our country. very special friend who passed away on Tues- Finally, this bill was drafted behind closed day, January 25, 2011. doors, and without any transparency. The Dock Monteria Brown was born on January HON. C.W. BILL YOUNG OF FLORIDA American people, let alone the Republicans in 30, 1929 in Halifax County to Nelson and IN THE HOUSE OF REPRESENTATIVES Congress, had little input into the final product Vilvie Brown. His father was a Veteran of that became law. We deserve better. The World War I. Wednesday, January 26, 2011 American people deserve better from their Dock graduated from J.A. Chaloner Senior Mr. YOUNG of Florida. Mr. Speaker, I rise leaders, elected to represent their interests. High School in 1948 and entered Shaw Uni- today to thank the National Commission on Mr. Speaker, I truly believe that we must versity that fall. In 1951, just one year before the BP Deepwater Horizon Oil Spill and Off- work toward a system whereby Americans can graduation, Dock was drafted into the U.S. shore Drilling for their thorough and com- get access to the doctors that best suit their Army and was deployed to fight in the Korean prehensive review of the disastrous Gulf oil needs at an affordable price. Repealing this War. spill. I appreciate the hard work and diligence healthcare law is the first step. He served for 12 months in Korea before re- of the Commissioners and their staff in com- f turning to Fort Bragg and his native North piling this report and know it will prove bene- Carolina to serve out the remainder of his ficial as we consider legislative responses to IN RECOGNITION OF DAVID N. tour. Immediately after his Honorable Dis- the spill during the 112th Congress. In addi- WALSH charge, Dock resumed his education at Shaw tion, I would like to commend the Commission University and earned his undergraduate de- for completing the report on time and under HON. JOHN GARAMENDI gree. budget. OF CALIFORNIA In order to fulfill his dream of becoming a By now, we are all too familiar with the ac- IN THE HOUSE OF REPRESENTATIVES teacher, Dock then attended my alma mater, count of the spill. On April 20th, a BP oil rig North Carolina Central University and earned located 52 miles off of the Louisiana coast ex- Wednesday, January 26, 2011 a Master’s Degree in Sociology and School ploded with 126 workers on the rig, resulting Mr. GARAMENDI. Mr. Speaker, I rise today Administration. Dock taught high school His- in 11 families losing their loved ones. With no in honor of Sergeant David N. Walsh, who is tory at Weldon High School and Eastman High plan in place for failure of the blowout pre- retiring after 31 years of law enforcement School for 24 years, and served as principal of venter and no clear leader in the federal re- service—21 years of service to the city of Fair- Pittman High School for 10 years. sponse, efforts to stop the flow of oil from the

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JA8.009 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS E122 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 2011 damaged well took far too long. The BP oil car. Now at the age of 95, Clive decided that For many years, Dr. Gellhaus has held a spill is now the largest spill in United States it’s finally time for him to officially retire. leadership position among ob-gyn members of history and the environmental and economic I thank Clive for his strong and diligent work the American College of Obstetricians and impacts of this disaster will be felt for years to ethic. It is an admirable character trait, and Gynecologists in Illinois, Iowa, Minnesota, Ne- come. The report by the Oil Spill Commission one that I hope to see many Americans em- braska, North Dakota, South Dakota, Wis- provides further details of the causes of the body. Clive is a good role model for many consin, Manitoba and Saskatchewan. He spill, including the fact that the disaster could younger Americans in that respect. leaves this position this year, but leaves physi- have been prevented to begin with. I know that my colleagues in the United cians with a long legacy of advocacy and car- The report also emphasizes that we can not States Congress will join me in commending ing for their patients. just focus on reforming the deficiencies in cur- Clive Simpson for his decades of service at Dr. Gellhaus has been a key advocate for rent drilling regulations, we must also continue the Boone News-Republican. It is an honor to patient safety in ob-gyn care and care for un- to monitor the environmental impact of the serve as his representative, and I wish Clive derserved women throughout the world. He’s spill on the Gulf of Mexico. Recovery may take and his wife Gertrude a happy and healthy re- been a member of ACOG’s Executive Board, years and the long-term effects of the oil spill, tirement. helping guide health care policy; in 1999, he as well as those of the response and clean-up f was chosen for ACOG’s prestigious McCain efforts, are still unclear. This monitoring will Fellow Advocacy Program, in which a prac- MEMORIALIZING MIDDLETOWN ensure we are prepared to quickly respond to ticing ob-gyn works with Congress and the Ad- TOWNSHIP POLICE DETECTIVE the unforeseen consequences of this spill. ministration; and was a member of the 2002 Thankfully, institutions of higher learning CHRIS JONES Class of the Primary Health Care Fellowship around the country are already conducting sponsored by the U.S. Department of Health vital research as we begin ecosystem recov- HON. MICHAEL G. FITZPATRICK and Human Services. Dr. Gellhaus recently ery efforts, including at the University of South OF PENNSYLVANIA endowed a new program, the ACOG Gellhaus Florida whose College of Marine Science has IN THE HOUSE OF REPRESENTATIVES Resident Fellow Advocacy Award, which en- become an international center for the study of Wednesday, January 26, 2011 courages 3rd and 4th year ob-gyn residents to our nation’s and our world’s waters and of our work with Congress on behalf of women’s Mr. FITZPATRICK. Mr. Speaker, I rise today health. coastal lands. Together with the Florida Insti- to memorialize one of Bucks County’s finest, tute of Oceanography, also in St. Petersburg, In addition to a very busy private practice, Middletown Township Police Detective Chris since 1996, Dr. Gellhaus has dedicated nearly which is drawing together all the state of Flor- Jones. ida’s marine research expertise, and a variety a year of his life to the preparation for and Chris Jones was working overtime on Janu- participation in international health mission of other local, state and federal organizations, ary 29, 2009 when he was struck and killed our community has provided key information projects. These projects have taken him to while in the performance of his duties. Central America, South America, Africa and to our nation’s decision makers about the im- As he was returning to his patrol car, two pact it is having on our environment and the the Dominican Republic. He has been the cars collided and careened into his vehicle, project medical director for most of these mis- development of long-term strategies to clean it which then struck and pinned him under his up. sions; organizing, fundraising, securing med- own police cruiser. He was transported to a ical supplies and recruiting medical personnel. Last Congress in response to the Deep- local hospital where he succumbed to his inju- water Horizon spill, I also introduced the During the missions, Dr. Gellhaus has worked ries a short time later. with over 559 other mission participants. His SAFEGUARDS Act and was pleased to see Mr. Speaker, our nation’s police officers risk many of the issues I had addressed in the medical teams have, over the years, had more their lives every day in order to preserve com- than 18,520 patient encounters, dispensed measure included in the Commissions report, munities throughout our country that are safe including updating the National Contingency 48,052 prescriptions and have performed and free. Those who give their lives in that more than 1,472 surgical procedures. Plan and ensuring that National Environmental mission deserve our eternal gratitude. Policy Act requirements are not ignored going He has personally financed the cost of Detective Jones served with the Middletown many participants’ missionary project costs, forward. Their recommendations will prove Township Police Department for 10 years and useful as I work on revising this legislation for without which they would not have been able had previously served in the United States to participate. Dr. Gellhaus’ deep faith and reintroduction later in the 112th Congress. Navy for 7 years, a veteran of Operation Mr. Speaker, I ask my colleagues to join compassion are lived through these medical Desert Storm. Just 37 at the time, Chris left a missions. In 1999, Dr. Gellhaus was honored with me today in thanking the Oil Spill Com- wife and three children at home the day he mission for their independent and impartial re- with the ACOG Award for International Service went to serve the people of his community. in recognition of his mission work in third port. Their suggestions will prove useful as we Detective Jones is the only officer of the continue our response to last years horrific oil world countries. Middletown Township Police Department to Dr. Gellhaus has a beautiful family, with his spill and I urge my colleagues to work to- have lost his life in the line of duty and he will wife, Melanie, and their 3 daughters. He re- gether to ensure the complete recovery of the be remembered this week during a solemn minds us of what is right in America. It is my Gulf of Mexico. ceremony at the police station where he pleasure to honor Dr. Gellhaus’ work and f served. dedication. TRIBUTE TO CLIVE SIMPSON f f HONORING DR. THOMAS M. TRIBUTE TO VETERANS HON. TOM LATHAM GELLHAUS’ LIFELONG DEDICA- MEMORIAL HOSPITAL OF IOWA TION TO WOMEN’S HEALTH AT IN THE HOUSE OF REPRESENTATIVES HOME AND AROUND THE GLOBE HON. TOM LATHAM Wednesday, January 26, 2011 OF IOWA HON. BRUCE L. BRALEY IN THE HOUSE OF REPRESENTATIVES Mr. LATHAM. Mr. Speaker, I rise today to OF IOWA recognize the retirement of Clive Simpson of Wednesday, January 26, 2011 IN THE HOUSE OF REPRESENTATIVES Boone County, Iowa. For the last 28 years, Mr. LATHAM. Mr. Speaker, I rise today to Clive has worked for the Boone News-Repub- Wednesday, January 26, 2011 recognize the outstanding care provided by lican, delivering the ‘‘Boone County Shopping Mr. BRALEY of Iowa. Mr. Speaker, I rise the emergency room staff at the Veterans Me- News’’ to rural Iowans. today to bring the House’s attention to the morial Hospital (VMH) in Waukon, Iowa. For Clive was born May 12, 1915 in Sac Coun- work and dedication of one of my constituents, their dedication to providing quality care and ty, and he retired after working for 30 years for Dr. Thomas M. Gellhaus. compassionate service, the VMH was recently the Federal Highway Administration in Ames, Dr. Gellhaus is a longtime obstetrician-gyne- awarded the 2010 Summit Award by the Press Iowa. However, that retirement did not last cologist in Davenport, Iowa, and earned his Ganey Association, recognizing it as one of long. At his wife’s urging in 1982, Clive began medical degree at the University of Iowa. He the best emergency rooms in the nation. delivering the ‘‘Boone County Shopping News’’ has delivered a generation of Iowans, cared The Summit Award is given every year to once a month every month. In the 28 years for our daughters, wives, mothers, and grand- one hospital in the country that has consist- since, Clive has delivered over 187,000 issues mothers, and done everything he can to make ently demonstrated a high level of patient sat- and covered over 60,000 miles, all in his own sure their health is well-cared for. isfaction. Since 2007, Press Ganey has sent

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K26JA8.001 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS January 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E123 out thousands of surveys to patients who have treatment for people here and around the Brandon on his perseverance and dedication received care in an emergency room. These world. to improving his community. surveys are then collected, and the informa- Mr. Speaker, I ask my colleagues to join me Brandon, who is the son of Jerry and Rox- tion in each is used to rank the hospitals ac- today in recognizing City of Hope for reaching anne Bates, first joined the Boy Scout organi- cording to the level of satisfaction its patients their 10,000th bone marrow transplant and zation as a Tiger Scout at age 7. He went on reported. In each consecutive quarter for the providing hope to so many cancer patients— to become a Cub Scout and then a Boy last three years, VMH has scored in the top and their loved ones—worldwide. Scout. Throughout his years in scouting, Bran- five percent of hospitals nationwide and pa- f don has worked hard to earn many merit tient visits have increased by 15 percent . badges and awards, all of which involve per- I commend the staff of Veterans Memorial IN RECOGNITION OF TROY D. sonal betterment and community service. As a Hospital for their hard work in promoting su- FREEMAN Cub Scout, he earned the ‘‘Arrow of Light,’’ perb care and a positive patient experience. It which is the highest award that a Cub Scout is this dedication to serving patients that we HON. JOHN GARAMENDI can earn. As a Boy Scout, Brandon has hope to see in hospitals around the country. I OF CALIFORNIA earned the World Conservation Award, the urge my colleagues in the United States Con- IN THE HOUSE OF REPRESENTATIVES Leave No Trace patch, and now the Eagle gress to join me in congratulating Veterans Wednesday, January 26, 2011 Scout Award. Memorial Hospital for their achievement. I The Eagle Scout Award is the highest wish them the best of luck in the future. Mr. GARAMENDI. Mr. Speaker, I rise today award that a Boy Scout can receive. In order f in honor of Police Corporal Troy D. Freeman, to be eligible for this award, a Boy Scout must who is retiring after 28 years of law enforce- earn a minimum of 21 merit badges. Brandon HONORING CITY OF HOPE ment service—26 years of service to the City has currently earned 40. Only 2% of Boy of Fairfield and three years with the San Fran- Scouts nationwide receive this honorable re- HON. JUDY CHU cisco State University Department of Public ward, and it is looked upon with distinction in OF CALIFORNIA Safety. As his colleagues, friends and family the military, in many colleges and in the busi- IN THE HOUSE OF REPRESENTATIVES gather together to celebrate the next chapter ness world. of his life, I ask all of my colleagues to join me Wednesday, January 26, 2011 I know that my colleagues in the United in saluting this outstanding public servant and States Congress will join me in commending Ms. CHU. Mr. Speaker, today I pay tribute defender of peace and safety. Brandon Bates for his achievement. It is an to City of Hope for reaching a milestone Troy began his law enforcement career as a honor to serve as his representative, and I achievement, as its doctors performed their Police Officer with the San Francisco State wish him luck in the future. 10,000th bone marrow transplant, on January University Department of Public Safety. He f 13, 2011. City of Hope is one of the first bio- was then hired as a Police Officer with the medical research institutions in the world to Fairfield Police Department on March 5, 1984. HONORING MCKAY HATCH’S NO reach this milestone. They give people battling As an officer, he worked in various capacities CUSSING EFFORTS diseases like leukemia, lymphoma and including Patrol, K–9, Firearms Instruction, myeloma with a second chance at life. and Field Training. He joined the Special Ac- HON. ADAM B. SCHIFF City of Hope is a biomedical research, treat- tivity Felon Enforcement (SAFE) Team in OF CALIFORNIA ment and education center located in my dis- 1991, earned the Police Officer of the Year IN THE HOUSE OF REPRESENTATIVES trict, the 32nd California Congressional district. award in 2005, and was promoted to Police Wednesday, January 26, 2011 Since its founding in 1913, City of Hope has Corporal on August 19, 2005. achieved numerous scientific breakthroughs One of Troy’s most significant contributions Mr. SCHIFF. Mr. Speaker it is with great and pioneered many lifesaving procedures to the Police Department was his involvement pleasure that I rise today to honor McKay that benefit patients worldwide. It is one of with the K–9 Unit. He was a K–9 handler from Hatch, founder of The No Cussing Club. only 40 comprehensive cancer centers, the 1989–2001 with two very special dogs, Cito During middle school, McKay grew tired of highest designation bestowed by the National and Brend, and continued to train and lead the the constant stream of obscene and cruel lan- Cancer Institute. K–9 program even after his dogs retired. He guage from his peers that lowered their self- This institution is a pioneer in the field of was responsible for developing, coordinating, esteem. He courageously asked his class- bone marrow transplantation. In the nearly 35 conducting, and documenting all of the training mates to not cuss around him. His peers ac- years since City of Hope physicians performed for the K–9 Unit. He also managed the asset cepted the challenge and stopped cussing and one of the nation’s first successful bone mar- seizure records and researched updates in thanked him for his leadership efforts. row transplants, the institution has helped law and training methods. Troy was instru- Encouraged by his peers’ support for his ef- transplantation evolve into a gold standard mental to the success of the Police Depart- forts, McKay founded the No Cussing Club at treatment for several diseases. ment’s K–9 program. South Pasadena Middle School. Club mem- Bone marrow or stem cell transplants typi- Troy was a valued employee and leader of bers take the No Cussing Challenge, which is cally include intensive high-dose chemo- the Fairfield Police Department. His commit- a commitment to use better language. The therapy and radiation, followed by weeks or ment to the community was unwavering. He commitment not only improves their lives but even months of recovery in the hospital. The was a loyal representative of the law enforce- also the world around them by using empow- return on these hundreds of hours of treat- ment community and admired amongst his ering, instead of deflating, language. Through ment is the possibility of a renewed life cured peers for his hard work, dedication and posi- the club motto of ‘‘Leave People Better Than of the disease. tive work ethic. You Found Them,’’ members seek out oppor- City of Hope scientists continue to make Mr. Speaker, I am truly honored to pay trib- tunities to lift people up through their words transplants safer and more effective, and help ute to this dedicated public servant. I ask all and actions. extend the length and quality of patients’ lives. of my colleagues to join with me in wishing In high school, McKay formed a No Cussing New transplant procedures are improving cure Troy D. Freeman continued success and hap- Club during his freshman year and it soon had rates, extending the procedure to older pa- piness in all of his future endeavors. over 100 active members. The club dedicated tients and expanding the use of transplants to f itself to spreading its message and adding diseases beyond leukemia, lymphoma and members in all 50 states. Today the No Cuss- multiple myeloma. As an example, research- TRIBUTE TO BRANDON BATES ing Club has over 50,000 members, in all 50 ers at City of Hope are developing a trans- states and 30 different countries. plant based gene therapy for AIDS-related HON. TOM LATHAM McKay and the No Cussing Club have also cancers that may be able to treat both the OF IOWA worked with local and state leaders to des- cancer and the HIV infection. IN THE HOUSE OF REPRESENTATIVES ignate local and state cuss free weeks. In Today, City of Hope has one of the largest 2008, the city of South Pasadena declared the and most successful bone marrow transplant Wednesday, January 26, 2011 first week of March and all subsequent first programs in the country. It is because of their Mr. LATHAM. Mr. Speaker, I rise to recog- weeks of March as No Cussing Week. In dedicated physicians, nurses, and researchers nize the achievement of Brandon Bates, a Boy 2009, the Los Angeles County Board of Su- who have helped transplantation evolve from Scout from Winterset, Iowa, who recently re- pervisors adopted a similar proclamation and an investigational procedure into a lifesaving ceived the Eagle Scout Award. I commend in 2010 the California legislature adopted a

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K26JA8.003 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS E124 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 2011 resolution declaring the first week of March to about competing in rodeos for many years, business. Regardless of their background, be No Cussing Week. The local and state- and has inspired that same passion in others risk-takers continue to propel our country for- wide No Cussing Weeks serve as a reminder as Miss Rodeo Iowa 2010. In that role, she ward. to both public officials and private citizens to was successful in establishing the annual Ex- Currently, The Center for American Values be more civil toward one another and to ele- ceptional Rodeo in Lake City for handicapped is directed by Tom Allee, with support from its vate the level of discourse in both public and individuals. corporate officers Brad Padula and Drew Dix, private life. On December 4, 2010, Jordanne attended and board members Sue Smith and Bob Root. McKay now travels regularly to spread his the Miss Rodeo America pageant in Las CAV is lined with over 140 pictures of Medal message of using clean and respectful lan- Vegas as the candidate from Iowa. Competing of Honor recipients and the building that the guage that is uplifting, encouraging, and moti- in the pageant were 28 women from around organization occupies has been fully ren- vating to students all over the country. He has the country, and Jordanne was selected to be ovated from its previous crumbling state. recently expanded his efforts to encourage an one of the ten semi-finalists. Although it was Through community outreach, educational op- end to bullying, which includes reducing the her close friend Haley McKenzie of South Da- portunities, and frequent conferences and use of negative and discouraging language. kota who took the title of Miss Rodeo America partnerships with charitable organizations, the I ask all Members to join me in honoring the 2011, Jordanne had an exciting experience at CAV will continue to carry out its mission inspiring work of McKay Hatch. the competition. statement for years to come. Ultimately, CAV f On January 1, 2011, Jordanne was suc- hopes to influence societal values on a na- ceeded by Heidi Gansen of Zwingle, Iowa, tional stage. LEAVE OF ABSENCE who is currently Miss Rodeo Iowa 2011. How- Mr. Speaker, it is with great pride that I ever, Jordanne has no plans to retire from the stand here today to recognize The Center for HON. JOHN F. TIERNEY rodeo scene. She will advise Heidi in her new American Values. Their commitment to the OF MASSACHUSETTS role, continue to promote the Exceptional public good and preservation of fundamental IN THE HOUSE OF REPRESENTATIVES Rodeo and the Lake City Rodeo, serve on the American ideals is a great service to the citi- Miss Rodeo Iowa Board, and resume competi- zens of Pueblo and the nation at large. Wednesday, January 26, 2011 tive barrel racing. Jordanne also plans to pur- f Mr. TIERNEY. Mr. Speaker, I submit the fol- sue a career in marketing or broadcast jour- PERSONAL EXPLANATION lowing. nalism. Hon. NANCY PELOSI, I commend Jordanne for her devotion to her Democratic Leader, U.S. Capitol, passion, her community and her state. I know HON. DANNY K. DAVIS Washington, DC. my colleagues in the United States Congress OF ILLINOIS DEAR MADAM LEADER: I agree to take a IN THE HOUSE OF REPRESENTATIVES leave of absence from the House Permanent will join me in congratulating and thanking her Select Committee on Intelligence (HPSCI) for the work she has done as Miss Rodeo Wednesday, January 26, 2011 with the understanding that I can be re- Iowa 2010. It is an honor to represent her in Mr. DAVIS of Illinois. Mr. Speaker, I was un- appointed in the 113th Congress. Congress, and I wish her the best of luck in able to cast votes on the following legislative Serving on the HPSCI has been a privilege, the future. and I have appreciated the opportunity it measure. If I were present for roll call votes, f has afforded me to ensure that appropriate I would have voted ‘‘aye’’ for the following oversight is conducted over our intelligence CENTER FOR AMERICAN VALUES vote: rollcall No. 12, January 18, 2011: On and national security programs. Like you, I TRIBUTE Motion to Suspend the Rules and Pass, as believe rigorous congressional oversight is Amended: H.R. 292, Stop the Over Printing critical to the successful implementation of (STOP) Act. such programs and helps reassure our con- HON. SCOTT R. TIPTON f stituents that their hard-earned tax dollars OF COLORADO are being well-spent. IN THE HOUSE OF REPRESENTATIVES MARY WATT TRIBUTE As you know, I am currently serving as a member of the House Committees on Edu- Wednesday, January 26, 2011 cation and the Workforce and Oversight and Mr. TIPTON. Mr. Speaker, I rise today to HON. SCOTT R. TIPTON OF COLORADO Government Reform. As such, and in light of recognize The Center for American Values IN THE HOUSE OF REPRESENTATIVES the new Republican Majority’s decision to (CAV) based in Pueblo, Colorado. They re- reduce the number of members on standing Wednesday, January 26, 2011 committees in the House, I agree that it is cently opened their doors with a mission to appropriate at this time to take a leave of preserve fundamental American ideals includ- Mr. TIPTON. Mr. Speaker, I rise today to absence from the HPSCI with the under- ing honor, integrity and patriotism. The organi- recognize Mary Watt of Montrose, Colorado. standing that I can be reappointed in the zation is committed to ensuring that the values She has an exemplary record of public service next Congress. this nation was founded on are passed down to her community and has given countless I thank you for the courtesy you have ex- to future generations. hours of service to her hometown. tended to me, and I look forward to con- The Center for American Values launch late Mary began her remarkable career in public tinuing our work together on addressing the last year was inspired by a few devoted indi- service in 1973, starting as an executive as- important challenges confronting the Amer- viduals who seek to recognize citizens who ican people. sistant to the city manager of Montrose. In Sincerely, have taken great risks in the name of pro- 1979, she was promoted to city clerk and JOHN F. TIERNEY, tecting America’s freedom. CAV’s mission treasurer, where she handled a variety of Member of Congress. statement is concise: ‘‘A nonpartisan organiza- issues, including budget preparation, adminis- f tion committed to recognizing the need to tration of municipal elections, and interpreta- honor the extreme sacrifices made to help tion of municipal and city ordinances. In 1993, TRIBUTE TO JORDANNE BLAIR sustain America’s values. We strive to ensure Mary was given the post of administrative these extraordinary actions are preserved . . . services director and city clerk. In this capacity HON. TOM LATHAM forever.’’ CAV emphasizes Medal of Honor re- she was recognized as a top public adminis- OF IOWA cipients and other military heroes, and fittingly trator, receiving the Manager’s Award for Ex- IN THE HOUSE OF REPRESENTATIVES so—Pueblo is the home of four Medal of cellence in 1996, which cited her ability to bal- Honor recipients. Cofounders Drew Dix, a ance her professional duties while remaining Wednesday, January 26, 2011 Vietnam veteran and Medal of Honor winner, intensely involved in community service. Mary Mr. LATHAM. Mr. Speaker, I rise today to and Dr. Adolph Padula, who produced a docu- has quickly climbed the professional ladder in recognize the achievement of Jordanne Blair mentary on Medal of Honor recipients, saw the past decade, rising from administrative of Lake City, Iowa. Jordanne, who was CAV as an opportunity to ensure that Amer- services director in 2004, to interim city man- crowned Miss Rodeo Iowa 2010, recently rep- ican citizens do not forget what makes our na- ager in 2005. In August 2005, the Montrose resented Iowa in the Miss Rodeo America tion unique and exceptional. Both men also City Council appointed her as full-time City pageant in Las Vegas, Nevada. note that CAV honors heroes from all seg- Manager, where she currently serves as CEO Jordanne is the daughter of Lee and Joanne ments of society. For instance, the organiza- of Montrose, Colorado. Blair and is a 2009 graduate of South Dakota tion stresses remembrance of those who have Mary is capable of lending her managerial State University. She has been passionate taken economic risks when starting a new and organizational skills in to a variety of

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JA8.016 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS January 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E125 roles—she is truly multitalented. For instance, widely respected figure, General Vang Pao Detective Valerio was hired on April 30, she served on the Montrose Chamber of Com- was a constant feature at Hmong-American 2001. Since then, his superiors and coworkers merce, where she eventually led the organiza- events and celebrations nationwide. have recognized him as a respected individual tion as president. Her outreach and influence Major General Vang Pao is survived by his of exceptional character and integrity. Detec- extends far beyond her professional life, too. widow, Mrs. May Song Vang, 25 children, 68 tive Valerio has taken the lead and solved a Since 1980, she has been an active member grandchildren, 17 great grandchildren and nu- number of important felony cases in the past of the Altrusa Club, a community service orga- merous friends and community members. decade and continues to prove himself an nization in Montrose. She has selflessly Mr. Speaker, I ask my colleagues to join Mr. asset on the force. Aside from his responsibil- helped guide the club in multiple roles, most CARDOZA, Ms. BORDALLO, Mr. KISSEL and my- ities as a detective, he administers pre-hire notably as president in 1986. self in honoring the life of Major General Vang polygraph exams for all police department em- Mr. Speaker, I am honored to recognize Pao as we offer our condolences to his family ployees—he is the second polygraph exam- Mary’s track record as a reliable public leader. and celebrate his memory and service to our iner to ever work in the Montrose Police De- She has given decades of her life in pursuit of country. partment. Detective Valerio also serves on the improving local government and her f Montrose Special Weapons and Tactics team community. (SWAT), which carries a great risk of personal DR. S.K. RAO MUSUNURU f injury. Mr. Speaker, Detective Valerio is consum- A TRIBUTE TO MAJOR GENERAL HON. GUS M. BILIRAKIS mate law enforcement professional and I am VANG PAO OF FLORIDA proud to congratulate him on his recent IN THE HOUSE OF REPRESENTATIVES awards. I would also like to thank him and the HON. JIM COSTA Wednesday, January 26, 2011 countless other officers who continue to serve their communities. OF CALIFORNIA Mr. BILIRAKIS. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES honor Dr. S.K. Rao Musunuru who will be rec- f Wednesday, January 26, 2011 ognized at the Community Aging and Retire- IN RECOGNITION OF MELVIN E. Mr. COSTA. Mr. Speaker, I rise today with ment Services (CARES) Annual Benefit on FERRO February 5, 2011, for his continued philan- my colleagues Mr. CARDOZA, Ms. BORDALLO thropic commitment to our community. and Mr. KISSEL to honor the memory of Major HON. JOHN GARAMENDI He began his formal study of medicine in General Vang Pao of Fresno, California, who OF CALIFORNIA 1968, but what is most noteworthy is his ability passed away Thursday January 6th after a IN THE HOUSE OF REPRESENTATIVES to couple his medical expertise with commu- battle with pneumonia. Wednesday, January 26, 2011 nity involvement—enhancing the knowledge Major General Vang Pao led the Royal Lao Mr. GARAMENDI. Mr. Speaker, I rise today Army during the Secret War in Laos, fighting base, furthering the medical profession, and ensuring that local needs are met. While Dr. in honor of Corporal Melvin E. Ferro, who is against the People’s Army of Vietnam in co- retiring after more than 28 years of law en- operation with the Central Intelligence Agency Musunuru boasts numerous memberships in nationally and internationally acclaimed organi- forcement service to the City of Fairfield. As and United States military forces. Bravely his colleagues, friends and family gather to- leading thousands of soldiers in a guerilla war zations, including the American Medical Asso- ciation, the International Society of Heart gether to celebrate the next chapter of his life, against communism, Vang Pao became a I ask all of my colleagues to join me in salut- hero, due to his leadership and dedication. Transplantation, and the Society of Critical Medicine, he is still mindful of the medical ing this outstanding public servant and de- Growing up in the Xiengkhuang province, fender of peace and safety. Vang Pao became interested in military serv- needs in his own backyard. He was instrumental in transforming a 50- Mel started his law enforcement career ice early in life. He left his family farm as a bed rural hospital into a 290–bed Heart Insti- when he was hired as a Police Officer with the teenager to join the French Military in defense tute, meriting recognition for its high standard Fairfield Police Department on March 19, of his fellow Hmong as the Japanese invaded, of care. During his tenure as Chairman of the 1982. As an officer, he worked in various ca- and began a historic military career. At the Board for Pasco Hernando Community Col- pacities including Patrol, Investigations, and end of World War II, and the departure of the lege, the college had a 100 percent increase Field Training. He earned awards for his per- Japanese, Vang Pao was recruited as an offi- in nursing enrollment, and he has been vocal formance, including Police Officer of the Year cer in the First Indochina War to fight the Viet in his teachings of ‘‘proper prevention and for 1994, and twice he was named Police Offi- Minh. prompt intervention, so that people can live cer of the Quarter—June through October As he rose within the Royal Lao Army, Vang longer and stronger.’’ 2000 and again for July through December Pao was heralded for his valor and dedication Dr. Musunuru’s involvement in the commu- 2007. Mel served as a Field Training Officer and was the only ethnic Hmong to attain the nity certainly does not go unrecognized. He beginning in 1995 and was later promoted to rank of General in the Royal Lao Army. In the recently became the recipient of the 2010 Out- Police Corporal on December 31, 1999. early 1960’s, when the CIA recruited Hmong standing Physician Award and, for the second One of Mel’s most significant contributions men in Laos to join a guerrilla unit during the consecutive year, received Rotary Inter- to the Fairfield Police Department has been Vietnam War, Vang Pao was chosen to be the national’s highest honor, the Paul Harris Fel- his expertise in investigating and solving major commander. As his Hmong soldiers rescued lowship recognition. While his accomplish- crimes. His knowledge and memory pertaining downed American pilots from enemy territories ments and awards are extensive to list, words to the activity and association of criminals in and defended American outposts in Laos, he cannot adequately acclaim Dr. Musunuru the area was a resource for the entire Police gained a reputation for being a disciplined, achievements. The lives he has impacted are Department. He took community-orientated honorable leader. countless, and I applaud him for his resolve to policing to a new level because he made an The Hmong soldiers also attacked many use his talents to meet the growing needs of effort to learn where criminals lived in Fairfield, North Vietnamese convoys that were using the the community and the larger medical profes- and he tracked their travel and associates. Ad- Ho Chi Minh trail from North Vietnam into sion. ditionally, as a trainer of fellow police officers, South Vietnam. By attacking these supply he taught what most police officers rarely de- f routes, thousands of U.S. soldiers’ lives were velop—the craft of being a police officer. saved in South Vietnam. Vang Pao and the TED VALERIO TRIBUTE Mel was a valued employee and leader in Royal Lao Army valiantly fought for their the Fairfield Police Department. His commit- cause throughout the entire Secret War. HON. SCOTT R. TIPTON ment to the community was unwavering. He Immigrating to the United States in May of OF COLORADO was a loyal representative of the law enforce- 1975, Major General Vang Pao was instru- IN THE HOUSE OF REPRESENTATIVES ment community and admired amongst his mental in negotiating the resettlement of thou- peers for his hard work, dedication and posi- sands of his fellow Hmong. Vang Pao contin- Wednesday, January 26, 2011 tive work ethic. ued his leadership after his exit from military Mr. TIPTON. Mr. Speaker, I rise today to Mr. Speaker, I am truly honored to pay trib- service. He was active in fostering U.S.-Lao recognize Detective Ted Valerio of Montrose, ute to this dedicated public servant. I ask all relations, and combating human rights abuses Colorado. The Montrose Police Department of my colleagues to join with me in wishing abroad, as well as serving as an icon and recently awarded him the Employee of the Melvin E. Ferro continued success and happi- mentor to the Hmong-American community. A Year for 2010, as well as a Merit Citation. ness in all of his future endeavors.

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\K26JA8.007 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS E126 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 2011 PERSONAL EXPLANATION tary, extols Mrs. Ard’s excellent rapport with to celebrate with you, but I hope your Centen- the parents and students of the school and nial Celebration is truly the ‘‘Party of the Cen- HON. JOHN C. CARNEY, JR. her steadfast desire to seek to serve the par- tury.’’ OF DELAWARE ents and students of Maude Sanders Elemen- f IN THE HOUSE OF REPRESENTATIVES tary as efficiently as possible. Mr. Speaker, on behalf of the United States RECOGNIZING VANESSA BUMP AS Wednesday, January 26, 2011 Congress, I am privileged to recognize Bonnie WALTON COUNTY, FLORIDA’S Mr. CARNEY. Mr. Speaker, on rollcall No. Ard as the Walton County Educational Support TEACHER OF THE YEAR 18, had I been present, I would have voted Person of the Year. Her passion for the stu- ‘‘no.’’ dents of Maude Sanders Elementary is laud- HON. JEFF MILLER f able and her dedication to her profession is OF FLORIDA exemplary. My wife Vicki joins me in congratu- IN THE HOUSE OF REPRESENTATIVES MARIANNA RAFTOPOULOS lating Mrs. Ard, and we wish her all the best. Wednesday, January 26, 2011 TRIBUTE f Mr. MILLER of Florida. Mr. Speaker, I rise HON. SCOTT R. TIPTON HONORING THE ACCOMPLISH- today to recognize Mrs. Vanessa Bump as the MENTS OF SARAH BRACHMAN 2012 Walton County, Florida Teacher of the OF COLORADO Year. For twenty years, Mrs. Bump has been IN THE HOUSE OF REPRESENTATIVES an inspiration to her students, colleagues, and Wednesday, January 26, 2011 HON. RALPH M. HALL community; I am honored to recognize her OF TEXAS Mr. TIPTON. Mr. Speaker, it is my great achievements. IN THE HOUSE OF REPRESENTATIVES During her career as an educator, Vanessa privilege as the representative of Colorado’s Bump has served as the Media Specialist at 3rd district to rise and pay tribute to the inspi- Wednesday, January 26, 2011 Bay Elementary School, the Library/Media rational life of Mrs. Marianna Raftopoulos. Mr. HALL. Mr. Speaker, I rise today to rec- Specialist at Walton High School, and as a Mrs. Raftopoulos was a woman with a deep ognize a fellow Texan; Sarah Brachman, who Social Studies Teacher in the Escambia Coun- sense of civic conviction, a loving wife and has been named the National Down Syn- ty School District. She currently teaches Social mother of three. drome Society’s 2011 Advocate of the Year. Studies and Journalism at South Walton High Marianna Raftopoulos was raised on a This young lady is one of more than School. Her outstanding performance was rec- sheep ranch in Western Colorado, and the 400,000 Americans living with Down Syn- ognized there when she received the 2004 spirit of the west remained with her for the du- drome, but that has never slowed her down. Walton High School Teacher of the Year ration of her exemplary life. After graduating She is more engaged than many in our polit- award. from the University of Colorado, Marianna pur- ical system—having interned here in Wash- In addition to her distinction in the class- sued many passions. Most notably were her ington and in both Federal and State legisla- room, Mrs. Bump serves in myriad other ca- efforts to improve Moffat County, and the Col- tive offices in Kentucky where she’s in school. pacities, including Yearbook Sponsor, School orado Republican Party. She was a champion And she truly is an advocate for the disabled, Technology Coordinator, Junior Class Spon- of many causes including chairwoman of the happily talking to anyone who will listen about sor, Prom Sponsor, History Fair Coordinator, Republican Central Committee, The Moffat her life and what it means to live with a dis- and Project-Based Learning Trainer. She has Tunnel Commission, The Moffat County Eco- ability, and personally recruiting over thirty also been presented with the Herff-Jones Out- nomic Development Partnership, and served Members of Congress, myself included, for the standing Journalism Educator of the Year as a Moffat County commissioner and chair- Congressional Down Syndrome Caucus. award and holds a National Journalism Certifi- woman of Colorado Wildlife Commission. With Mr. Speaker, I hope you and all of our col- cation. the passing of Marianna Raftopoulos, Western leagues will join me in congratulating Sarah Teachers are amongst our most valuable Colorado has lost an inspiring leader, and our for this well deserved honor. public servants, as they are responsible for nation has lost a great patriot. f educating the future of our country. To be Mr. Speaker, it has been a true honor to honored as Teacher of the Year, selected stand in tribute and pay respect to the life of CELEBRATING THE CITY OF BROOKLYN CENTER’S CENTENNIAL from a pool of exemplary educators, is an im- Mrs. Marianna Raftopoulos. She was a great mense honor. This honor is a reflection of the leader, who is still greatly missed. impact Vanessa Bump has had on her stu- f HON. ERIK PAULSEN dents and the difference she has made in their OF MINNESOTA RECOGNIZING BONNIE ARD AS lives. She has proven herself to be among the IN THE HOUSE OF REPRESENTATIVES WALTON COUNTY, FLORIDA’S many great teachers in our nation, and I am EDUCATIONAL SUPPORT PERSON Wednesday, January 26, 2011 proud to have her as a constituent of Florida’s OF THE YEAR Mr. PAULSEN. Mr. Speaker, I rise today to First District. recognize a wonderful community in my dis- Mr. Speaker, on behalf of the United States HON. JEFF MILLER trict, Brooklyn Center. 2011 is no ordinary year Congress, I am proud to honor Vanessa Bump for Brooklyn Center, as next week they will for her accomplishments and her continuing OF FLORIDA commitment to excellence at South Walton IN THE HOUSE OF REPRESENTATIVES celebrate their centennial. A quaint suburb located west of Min- High School and in the Walton County School Wednesday, January 26, 2011 neapolis, throughout its 100-year history, District. Mr. MILLER of Florida. Mr. Speaker, I rise Brooklyn Center has embraced growth, the im- f today to recognize Mrs. Bonnie Ard as the portance of family values, and the develop- HONORING LIZ BURNS, RECIPIENT 2012 Walton County, Florida Educational Sup- ment of industry, all while maintaining its OF THE 2010 WESTERN SPRINGS port Person of the Year. I am honored to rec- small-town charm. CITIZEN OF THE YEAR AWARD ognize her achievements and her dedication Brooklyn Center’s residents take great pride to the students and teachers of northwest in its many diverse and successful residents, HON. DANIEL LIPINSKI its great schools, many shops and recreation Florida. OF ILLINOIS Bonnie Ard is the secretary for Maude options—including the famous Dudley/ IN THE HOUSE OF REPRESENTATIVES Sanders Elementary School in DeFuniak Budweiser Minnesota Classic Softball Tour- Springs, Florida. Mrs. Ard considers the fac- nament. Wednesday, January 26, 2011 ulty and staff at the school to be a team and As an avid biker, I appreciate Brooklyn Cen- Mr. LIPINSKI. Mr. Speaker, I rise today to part of her family. She sets the tone for the ter’s acres of picturesque parks and miles of honor Liz Burns, who will receive the 2010 rest of the school’s faculty and staff, using her trails. The city’s many nature areas are a Western Springs, IL Citizen of the Year Award space in the front office to establish a profes- great representation of the community’s pride on January 30, 2011. A resident of Western sional, caring, and family-friendly environment and commitment to civic improvement. Springs for 47 years, Mrs. Burns has been an that epitomizes the work of the faculty and Congratulations Brooklyn Center on 100 invaluable asset to her community in large staff at Maude Sanders Elementary. Tracey years of being ‘‘a great place to start and a part due to her contributions to the local library Dickey, Principal of Maude Sanders Elemen- great place to stay.’’ I’m sorry I won’t be there system.

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JA8.022 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS January 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E127 Mrs. Burns was first appointed to the board over many decades. Since the 1973 Home and presenter dedicated to a principal, ‘‘To of the Thomas Ford Memorial Library in 1991 Rule Act, of the more than 4,500 legislative never forget who you are or where you came and solidified her status as a permanent fix- acts transmitted to Congress, only three reso- from.’’ Today she is regarded as one of the ture on the board in 1993 with an election to lutions to disapprove a D.C. bill have been en- most knowledgeable and influential resources a four-year term. She served as president of acted—in 1979, 1981, and 1991—and two of on Southern California Indian history and cul- the board from 1995 to 1997 and oversaw the those involved distinct federal interests. Plac- ture. $3.1 million library expansion project during ing a congressional hold on 4,500 D.C. bills She married George Murillo in 1952, and to- her tenure. In 1997, she led efforts to produce has not only proven unnecessary, but also a gether they have three children, eight grand- and implement the Library’s long-range plan, waste of money and time for both the District children and 19 great-grandchildren. preserving a high-quality learning environment and Congress. Instead of using the formal dis- Mrs. Murillo wrote two books about her life for generations to come. approval process to overturn D.C. legislation, and San Manuel culture and traditions, ‘‘Living Since the end of her term as president of Congress has preferred to use appropriations in Two Worlds’’ and ‘‘We Are Still Here Alive the board, Mrs. Burns has served as a trustee riders. It is particularly unfair to require the and in Spirit.’’ Both contained hundreds of rare at the Thomas Ford Library Foundation. She D.C. Council to engage in a phantom process photographs. She was instrumental in the cre- became chair of the Foundation’s board of that Congress has itself discarded. ation of an interactive CD-ROM for the trustees in 2004, and has worked to build an The wastefulness of the layover process is Serrano-language and made traditional Indian endowment for the Friends of the Library’s all the more apparent considering that my bill cradle dolls and other crafts. continuing educational programs and activities. does not prevent review of District laws by Pauline and George are well known for their Liz continues to serve her community as a vol- Congress. Under clause 17 of section 8 of ar- philanthropy, donating time and funds to hos- unteer reading tutor at the St. Gregory Epis- ticle I of the U.S. Constitution, the House and pitals, schools and non-profits to benefit the copal School for Boys. the Senate may scrutinize every piece of leg- greater community. In 2009 the Murillos do- Born and raised in Charleston, IL and the islation passed by the D.C. Council, and, nated $900,000 to Cal State San Bernardino youngest of six children, Mrs. Burns attended using that authority, change or strike such leg- to construct an observatory, which was named the University of Illinois, Urbana where she islation at any time if it desired. My bill would for the family. In 2008 the family’s contribution earned a degree in English. She taught only eliminate the automatic hold placed on to Loma Linda University Medical Center al- English and Journalism at Riverside-Brookfield local legislation and the need for the D.C. lowed the hospital to expand its lounge for on- High School before starting her family. She Council to use a process initially passed for cology patients and their families and was re- later became licensed as a Certified Financial the convenience of Congress, but one that dedicated to the family. Planner and went to work at the Western Congress has since eliminated in all but law. While Pauline Murillo was leading the San Springs Federal Credit Union. Mrs. Burns The bill would promote efficiency and cost Manuel tribe in reaching out to the greater moved on to Merrill Lynch in 1987 then to savings for both Congress and the District. community, the cities of San Bernardino and Charles Schwab in 1991 where she worked as The bill would benefit the city’s bond rating, Highland have grown to surround the reserva- a securities specialist until her retirement in which is affected by the shadow of congres- tion’s borders. Although the reservation was 2002. sional review and the delay in the finality of once impoverished, tribal members have I ask you to join me in honoring Mrs. Liz District legislation. found success with the opening of casinos— Burns on her selection as a 2010 Western The limited legislative autonomy granted in and have become one of the top local employ- Springs Citizen of the Year, and may she con- this bill would allow the District to realize the ers in the process. As a highly-respected tribal tinue to enjoy educating through her work as greater measure of meaningful self-govern- elder, Pauline Murillo has ensured that the a tutor and a trustee of Thomas Ford Memo- ment and home rule that it deserves, and has tribe remains a strong presence throughout rial Library. more than earned in the 37 years since the the community. She was a member of the f Home Rule Act became effective. I urge my Highland Senior Center, the Highland Wom- INTRODUCTION OF THE DISTRICT colleagues to support this important measure. en’s Club and the ‘‘Red Hat Ladies’’ service OF COLUMBIA LEGISLATIVE AU- f group. TONOMY ACT OF 2011 IN MEMORY OF PAULINE Mr. Speaker, Pauline Murillo was beloved MURILLO, ELDER OF THE SAN throughout our region—her nickname of Dim- HON. ELEANOR HOLMES NORTON MANUEL BAND OF SERRANO ples tells much about her always-smiling pres- OF THE DISTRICT OF COLUMBIA MISSION INDIANS ence. She was a treasured resource for Native IN THE HOUSE OF REPRESENTATIVES American culture, identity and tradition. She spent hours with high school students and fac- Wednesday, January 26, 2011 HON. JERRY LEWIS ulty telling of the language and history of the OF CALIFORNIA Ms. NORTON. Mr. Speaker, today, I intro- Serrano people. We will all miss her greatly. I IN THE HOUSE OF REPRESENTATIVES duce the District of Columbia Legislative Au- ask you and my colleagues to join me in ex- tonomy Act of 2011, to end the unnecessary Wednesday, January 26, 2011 tending condolences to her loving family and and redundant congressional review of District Mr. LEWIS of California. Mr. Speaker, I friends, and to express our appreciation for of Columbia legislation. This bill would elimi- would ask my colleagues to join me in praising the lifetime of service to her community. nate the congressional review period for civil the life of Pauline Murillo, who was a wonder- f (30 legislative days) and criminal (60 legisla- ful lady, a strong leader for the San Manuel tive days) legislation passed by the District of Band of Serrano Mission Indians, and one of IN RECOGNITION OF MICHAEL M. Columbia. Under the District of Columbia the most important chroniclers and teachers of JOHNSTONE Home Rule Act, if a congressional resolution Indian history in Southern California. Mrs. disapproving a D.C. bill is signed into law dur- Murillo passed away Jan. 21, 2011. HON. JOHN GARAMENDI ing the congressional review period, that bill Pauline Chacon was born in 1934 on the OF CALIFORNIA does not become law. The congressional re- San Manuel Reservation, which is in the foot- IN THE HOUSE OF REPRESENTATIVES view period, which is limited only to those hills of the San Bernardino Mountains in Wednesday, January 26, 2011 days when Congress is in session, delays Southern California. When Pauline was a D.C. bills from becoming law, often for many young child, the reservation was tucked away Mr. GARAMENDI. Mr. Speaker, I rise today months. The delays force the D.C. Council to from any nearby towns, and was little known in honor of Captain Michael M. Johnstone, pass most bills several times, using a cum- to the residents of San Bernardino County. who is retiring after nearly 30 years of law en- bersome and complicated process in which But from an early age, Pauline became in- forcement service—26 years of service to the bills are passed on an emergency, temporary, volved with an effort to reach beyond the City of Fairfield and almost four years with the and permanent basis to ensure that the oper- boundaries of the reservation to help area Oakland Police Department. As his col- ations of this large and rapidly changing city schoolchildren learn the history and culture of leagues, friends and family gather together to continue uninterrupted. The D.C. Legislative the San Manuel tribe. Pauline and her mother, celebrate the next chapter of his life, I ask all Autonomy Act would allow bills passed by the Tribal Spokeswoman Martha Manuel Chacon, of my colleagues to join me in saluting this D.C. Council and signed by the mayor to be- visited schools to share factual accounts of outstanding public servant and defender of come law immediately. tribal history, culture and language. peace and safety. My bill would do no more than align the Pauline would carry this work forward as a Michael began his law enforcement career Home Rule Act with congressional practice tribal culture bearer, native speaker, author as a Police Officer with the Oakland Police

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K26JA8.012 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS E128 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 2011 Department. He was then hired as a Police I extend my condolences to Rick Santorum GAO or Congressional oversight. Additional Officer with the Fairfield Police Department on and the entire Santorum family for their loss. funding facilities that have allowed the Fed to October 29, 1984. As an officer, he worked in f keep financial asset prices artificially inflated various capacities including Patrol, Investiga- and subsidize poorly performing financial firms tions, Special Operations, Narcotics, and Field INTRODUCING THE FEDERAL should be scrutinized, as well as the Mort- Training. He earned the Police Officer of the RESERVE TRANSPARENCY ACT gage-Backed Securities Purchase Program, Year award in 1996, joined the Crisis Negotia- which has subsidized banks by transferring tion Team in 1997, and was promoted to Po- HON. RON PAUL trillions of dollars of worthless debt off their lice Corporal on December 31, 1999. OF TEXAS books. On December 28, 2001, Michael was pro- IN THE HOUSE OF REPRESENTATIVES moted to Police Sergeant and ultimately The Federal Reserve Transparency Act served in a number of capacities including Pa- Wednesday, January 26, 2011 would eliminate restrictions on GAO audits of trol, Investigations, Professional Standards, Mr. PAUL. Mr. Speaker, I rise to introduce the Federal Reserve and open Fed operations and Public Information. He was a strong and the Federal Reserve Transparency Act. to enhanced scrutiny. We hear officials con- decisive leader which led to him receiving the Throughout its nearly 100-year history, the stantly lauding the benefits of transparency Manager of the Year award in 2003. On De- Federal Reserve has presided over the near- and especially bemoaning the opacity of the cember 7, 2007, he was promoted to Police complete destruction of the United States dol- Fed, its monetary policy, and its funding facili- Lieutenant and served as Commander for Pa- lar. Since 1913 the dollar has lost over 98% ties. By opening all Fed operations to a GAO trol, Quality of Life, and Administrative Divi- of its purchasing power, aided and abetted by audit and calling for such an audit to be com- sions. As the Police Department experienced the Federal Reserve’s loose monetary policy. pleted by the end of 2012, the Federal Re- changes in leadership and command staff, Mi- How long will we as a Congress stand idly by serve Transparency Act would achieve much- chael consistently stepped in and assisted City while hard-working Americans see their sav- needed transparency of the Federal Reserve. management in filling the gaps. Over the last ings eaten away by inflation? Only big-spend- I urge my colleagues to support this bill. two years, he assumed the Captain’s position ing politicians and politically favored bankers and managed Patrol Operations twice and he benefit from inflation. f also acted as Deputy Police Chief when need- Serious discussion of proposals to oversee ed. the Federal Reserve is long overdue. I have HONORING PETE CARIS, RECIPI- Michael was a valued employee and leader been a longtime proponent of more effective ENT OF THE 2010 WESTERN of the Fairfield Police Department. His commit- oversight and auditing of the Fed, but I was SPRINGS CITIZEN OF THE YEAR ment to the community was unwavering. He far from the first Congressman to advocate AWARD was a loyal representative of the law enforce- these types of proposals. Esteemed former ment community and admired amongst his members of the Banking Committee such as peers for his hard work, dedication and posi- Chairmen Wright Patman and Henry B. HON. DANIEL LIPINSKI tive work ethic. Gonzales were outspoken critics of the Fed OF ILLINOIS Mr. Speaker, I am truly honored to pay trib- and its lack of transparency. IN THE HOUSE OF REPRESENTATIVES ute to this dedicated public servant. I ask all Since its inception, the Federal Reserve has of my colleagues to join with me in wishing Mi- always operated in the shadows, without suffi- chael M. Johnstone continued success and Wednesday, January 26, 2011 cient scrutiny or oversight of its operations. happiness in all of his future endeavors. While the conventional excuse is that this is Mr. LIPINSKI. Mr. Speaker, I rise today to f intended to reduce the Fed’s susceptibility to honor Mr. Pete Caris, who will receive the HONORING ALDO SANTORUM political pressures, the reality is that the Fed 2010 Western Springs, IL Citizen of the Year acts as a foil for the government. Whenever Award on January 30, 2011. Born and raised HON. BILL SHUSTER you question the Fed about the strength of the in Western Springs, Mr. Caris has been se- OF PENNSYLVANIA dollar, they will refer you to the Treasury, and lected for this award in large part due to his IN THE HOUSE OF REPRESENTATIVES vice versa. The Federal Reserve has, on the accomplishments with the Western Springs one hand, many of the privileges of govern- Historical Society. Wednesday, January 26, 2011 ment agencies, while retaining benefits of pri- Mr. Caris was the president of the Western Mr. SHUSTER. Mr. Speaker, I rise today to vate organizations, such as being largely insu- Springs Historical Society Board from 1999 to honor the life of Aldo Santorum, the father of lated from Freedom of Information Act re- 2006. During his tenure, he has worked hard my friend and colleague, former Pennsylvania quests. to raise funds for the Ekdahl House project to Senator Rick Santorum. The Federal Reserve can enter into agree- preserve and showcase one of the oldest Aldo Santorum passed away on January ments with foreign central banks and foreign 15th in Crescent Beach Florida at the age of houses in Western Springs. He has also vol- governments, and the GAO is prohibited from unteered at the Tower Museum where visitors 88 in the home where he and his wife, Cath- auditing these agreements. Why should a gov- erine Dughi, had spent the past 20 years to- can learn about the rich history of Western ernment-established agency, whose police Springs. Mr. Caris stood out as a nominee for gether. force has federal law enforcement powers, Aldo was an American patriot who served his award not only because of his position on and whose notes have legal tender status in alongside fellow members of the Greatest the board, but also because of his hard work this country, be allowed to enter into agree- Generation who honored the call to service in increasing the visibility of the Historical Soci- ments with foreign powers and foreign banking World War II. ety. He consistently leads public events includ- After the war, Aldo Santorum took advan- institutions with no oversight? Particularly be- ing the Gathering on the Green and the tage of the GI Bill to earn a degree in psy- cause the Fed has operated swap lines with Christmas Walk in his hometown. foreign central banks and provided hundreds chology from St. Francis College in Loretto, In addition to being active with the Historical Pennsylvania as well as a graduate degree of billions of dollars of bailouts to foreign com- mercial banks, the Fed’s negotiations with the Society, Mr. Caris has been involved with the from Catholic University in Washington and a First Congregational Church of Western doctorate in clinical psychology from the Uni- European Central Bank, the Bank of Inter- national Settlements, and other foreign institu- Springs for many years. He has also acted as versity of Ottawa. a mentor to many young citizens while coach- Instead of going into private practice, Aldo tions should face increased scrutiny, most es- pecially because of their significant effect on ing church league basketball for 23 years. All devoted his professional career to serving fel- of Mr. Caris’ work in Western Springs, whether low veterans as a clinical psychologist for the foreign policy. Given the currency crisis in Eu- rope and the prospect of the Fed propping up leading youth teams or ensuring the preserva- Veterans Administration. tion of local historical treasures, makes him a Throughout his career, Aldo Santorum foreign governments or bailing out American deserving recipient of the 2010 Citizen of the served in VA hospitals in Martinsburg, West banks invested in European debt, this issue is Year award. Virginia, Butler, Virginia and in Chicago until of especially pressing concern. 1990, when he and his wife Catherine retired The Fed’s funding facilities and its agree- I ask you to join me in honoring Mr. Pete to Crescent Beach, Florida. ments with the Treasury should be reviewed. Caris on his selection as a 2010 Western In addition to his wife and children, Aldo The Treasury’s supplementary financing ac- Springs Citizen of the year, and may he con- Santorum is survived by an extended, but counts that fund Fed facilities allow the Treas- tinue to happily serve the citizens Western closely-knit family of 10 grandchildren. ury to funnel money to Wall Street without Springs, IL, young and old.

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JA8.027 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS January 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E129 REPEALING THE JOB-KILLING the high school level, female students may be the University of Chicago, Hampshire College, HEALTH CARE LAW ACT deprived of their chance to play sports. For and ENSAE in Toulouse, France. After teach- many young women, sports are often their ing at Phillips Academy in Andover, Massa- SPEECH OF ticket to higher education. A survey conducted chusetts for many years, Mr. Karafiol moved HON. JOHN B. LARSON by the National Federation of State High back to Chicago in 1997 to teach math at School Associations indicates that female stu- OF CONNECTICUT Providence-St. Mel, another wonderful school dents receive 1.3 million fewer opportunities to in Chicago. In 2000, he assisted in opening IN THE HOUSE OF REPRESENTATIVES play high school sports than do male students, the math department at Walter Payton College Wednesday, January 19, 2011 which translate into many lost opportunities for Prep, becoming the Chairman of the math de- athletic scholarships. Other studies show that Mr. LARSON of Connecticut. Mr. Speaker, I student athletes tend to graduate at higher partment in 2009. When you talk with Mr. would like to add one more story to this de- rates, perform better in school and are less Karafiol, his passion for teaching math is evi- bate to help illustrate why the Affordable Care likely to use drugs and alcohol. The New York dent. He speaks of his excitement at under- Act is so important. One of my constituents re- Times recently highlighted research that found standing the connections among concepts and cently wrote to tell me that his 19 year old son that the ‘‘increase in girls’ athletic participation discovering surprises using numbers; it is this has a rare liver disease and that his only hope caused by Title IX was associated with a 7 love of the subject that he shares with his stu- is a transplant. Under the new healthcare re- percent lower risk of obesity 20 to 25 years dents by creating environments in which they form law, he is now able to keep his son on later, when women were in their late 30s and his insurance plan to age 26. His household too can appreciate these learning revelations. early 40s.’’ The study notes that while a 7 per- would be out of luck without healthcare reform Walter Payton College Prep—the school at cent decline in obesity is modest, ‘‘no other as last year his son’s health care costs ex- which Mr. Karafiol teaches—has an environ- public health program can claim similar suc- ceeded $120,000. cess.’’ Women athletes also tend to have ment of continuous collaboration, reflection, It is stories like these that are the essence more confidence, better body image, and high- and dedication to excellence. Through the of why passing health reform was so impor- er self-esteem than female non-athletes—crit- commitment of Mr. Karafiol and the math de- tant. It provides protections to ensure that ical attributes that help them succeed through- partment staff, Walter Payton College Prep someone like my constituent can access out their lives. was given the Intel Star Innovator award for health care and not face exorbitant personal We must give our schools the tools they the finest math and science program in the costs when an illness strikes. need to identify inequities in their programs so country. Over 150 schools competed in the I urge all of my colleagues to oppose this that current and future generations of women Intel Schools of Distinction competition. Three repeal legislation and hope we can all work to- can enjoy the benefits of sports. gether to find ways to move our country for- schools were named as finalists in each of six Mr. Speaker, I urge my colleagues to join ward. categories: High School Math and Science; me in this effort to help girls move toward Middle School Math and Science; and Ele- f equality in athletics at every level and in every mentary Math and Science. Payton’s math THE HIGH SCHOOL ATHLETICS community across the Nation. program was cited as the High School Mathe- ACCOUNTABILITY ACT f matics winner; it also received the competi- CONGRATULATING PAUL tion’s grand prize—the Star Innovator Award. HON. LOUISE McINTOSH SLAUGHTER KARAFIOL ON RECEIVING THE Mr. Karafiol notes that collaboration between OF NEW YORK PRESIDENTIAL AWARD FOR EX- the math and science departments at Walter IN THE HOUSE OF REPRESENTATIVES CELLENCE IN MATHEMATICS Payton improve both departments’ under- AND SCIENCE TEACHING standings of what math skills students need to Wednesday, January 26, 2011 be successful, when students need which Ms. SLAUGHTER. Mr. Speaker, I am proud HON. DANNY K. DAVIS skills, and how best to teach, reinforce, or re- to rise today to introduce the High School Ath- OF ILLINOIS mediate particular math skills. This joint proc- letics Accountability Act. As opportunities for IN THE HOUSE OF REPRESENTATIVES ess also helps Payton’s math teachers gain girls and women to participate in sports and new ideas about applications and contexts Wednesday, January 26, 2011 athletics have been made increasingly avail- that they could integrate into their classes to able, women’s participation has grown expo- Mr. DAVIS of Illinois. Mr. Speaker, I wish to improve mathematics learning. Impressively, nentially. Over three million high school girls congratulate Paul Karafiol, an educator at over a quarter of the students at Walter now participate in organized sports, as op- Walter Payton College Prep in Chicago, on re- Payton take five or more math courses before posed to 294,015 in 1971 before Title IX was ceiving the Presidential Award for Excellence graduation. In addition to this rigorous set of enacted. Athletic participation has brought with in Mathematics and Science Teaching. The core classes, many of the students at Walter it confidence and camaraderie among young Presidential Award for Excellence in Mathe- Payton fill their electives with advanced place- women, giving them memories and friends matics and Science Teaching is administered ment statistics and/or university-level math that will last a lifetime. by the National Science Foundation on behalf Despite our progress, persistent attacks of the White House Office of Science and courses: Over 99 percent of the student popu- against equality for women’s sports require Technology Policy. Awardees are selected by lation scores as ‘‘Meeting or Exceeding’’ state that we continue to protect the rights our na- a panel of scientists for their prowess in teach- math standards on the Prairie State Achieve- tion’s young women deserve. Currently high ing pre-college-level science and mathematics. ment Examination. schools are not required to disclose any data I am elated that Mr. Karafiol received this dis- We have an obligation to the future of our on equity in sports, making it difficult for high tinguished honor for the caliber of his teaching Nation to assure every segment of our popu- schools and parents to ensure fairness in their of math. His ability to convey mathematics lation has the opportunity to pursue careers in athletics programs. The High School Athletics concepts to students in clear and interesting science and math. When children have an ef- Accountability Act requires that high schools ways provides a great benefit to Chicago, and fective educator in these fields, they experi- report basic data on the number of female and the Presidential award is a well-earned rec- ence an excitement and understanding of male students in their athletic programs and ognition of his skill. math and science that increases their self con- the expenditures made for their sports teams. Mr. Karafiol is a Chicago native and Chi- The data will help high schools improve oppor- cago Public School graduate. He received his fidence and interest in pursuing careers in tunities for girls in sports, and thereby help bachelor’s degree in Philosophy from Harvard science and mathematics. I celebrate with Mr. high schools and parents of schoolchildren University and his master’s degree in Philos- Karafiol and Walter Payton College Prep on foster fairness in athletic opportunities for girls ophy from the University of Chicago. Mr. the Presidential Award for Excellence in Math- and boys. Ultimately better information will en- Karafiol has always had a love for math. As a ematics and Science Teaching. Their dedica- courage greater participation of all students in youth, he was on the Math Team at the tion prepares students in Chicago to take an athletics. Kenwood Academy. His first summer jobs in- active role in making America a leader in math Without information about how athletic op- volved working as a junior staff member in and science among the community of nations portunities and benefits are being allocated at math programs for talented students held at in the 21st century.

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JA8.030 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS E130 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 2011 INTRODUCTION OF THE ‘‘TAX this legislation and end the broken tax system Department. He was then hired as a Police CODE TERMINATION ACT’’ that exists today. Officer with the Fairfield Police Department on f June 12, 1989. As an officer, he worked in HON. BOB GOODLATTE various capacities that included Patrol, Fire- IN HONOR OF SGT. ZAINAH C. arms Instruction, and Field Training. Robert OF VIRGINIA CREAMER IN THE HOUSE OF REPRESENTATIVES joined the Special Activity Felony Enforce- ment, SAFE, Team in 1992 and was promoted Wednesday, January 26, 2011 HON. MIKE ROSS to Police Corporal on September 20, 2002. Mr. GOODLATTE. Mr. Speaker, last night OF ARKANSAS On February 4, 2005, Robert was promoted we gathered in this Chamber to hear Presi- IN THE HOUSE OF REPRESENTATIVES to Police Sergeant and ultimately supervised a dent Obama deliver his State of the Union Ad- number of different teams including Violent Wednesday, January 26, 2011 dress. I was particularly encouraged to hear Crime Suppression, Special Enforcement, and the President say, ‘‘the best thing we could do Mr. ROSS. Mr. Speaker, I rise today to Patrol. Since being promoted to Police Lieu- on taxes for all Americans is to simplify the in- honor a fallen hero who was a respected and tenant on May 9, 2008, he has served as the dividual tax code.’’ The President stated he dedicated officer in the United States Army. Commander for the Major Crimes Division, was prepared to join both parties in simplifying On January 12, 2011, our state and nation lost Patrol, and Public Information. Not only was our tax code. I join the President in calling for a great patriot when Sergeant Zainah C. Robert a capable and decisive leader but he a simplified tax code, and I rise today to intro- Creamer, aged 28, was killed in the line of also demonstrated resourcefulness, teamwork, duce the Tax Code Termination Act. This leg- duty in support of Operation Enduring Free- and a devotion to duty which led to him re- islation can be the impetus for overhauling our dom. Sgt. Creamer died in Kandahar Prov- ceiving a Distinguished Service Medal in 2007. tax system. ince, Afghanistan, of injuries sustained when Additionally, he has received numerous com- The fact is our current tax system has spi- an improvised explosive device detonated mendations from community members, local raled out of control. At a time when Americans near her unit. businesses, and supervisors during his career. Robert was a valued employee and leader devote a total of 7 billion hours each year to Sgt. Creamer was born in Texarkana, of the Fairfield Police Department. His commit- comply with the tax code, we need tax sim- Texas, and graduated from Arkansas High ment to the community was unwavering. He plification. Today’s tax code is unfair, discour- School in Texarkana, Ark., in 2000. Although was a loyal representative of the law enforce- I never had the honor of meeting Sgt. Cream- ages savings and investment, and is impos- ment community and admired amongst his er, it is clear by the outpouring of praise from sibly complex. The Tax Code Termination Act peers for his hard work, dedication and posi- will force Congress to finally debate and ad- her friends and family that she was a special tive work ethic. dress fundamental tax reform. This bi-partisan person who deeply loved her country and Mr. Speaker, I am truly honored to pay trib- legislation is simple. It will abolish the Internal never hesitated to help those in need. I extend ute to this dedicated public servant. I ask all Revenue Code by December 31, 2015, and my deepest condolences on behalf of all Ar- of my colleagues to join with me in wishing call on Congress to approve a new Federal kansans to her family, friends, colleagues and Robert D. Bunting continued success and hap- tax system by July of the same year. acquaintances for this devastating loss. piness in all of his future endeavors. Sgt. Creamer was assigned to the 212th While almost every Member would acknowl- f edge that our tax code is no longer working in Military Police Detachment, Headquarters Bat- a fair manner for Americans, nothing has been talion, Fort Belvoir, Va. She was a soldier for LEAVE OF ABSENCE FROM THE done to create a more equitable tax code. more than six years and was an Army dog COMMITTEE ON SMALL BUSI- Congress won’t act on fundamental tax reform handler serving her second deployment with NESS DURING TENURE ON BUDG- unless it is forced to do so. My bill will force the 2nd Battalion of the 502nd Infantry Regi- ET COMMITTEE Congress to finally debate and address funda- ment. mental tax reform. With her bravery and dedication to duty, HON. HEATH SHULER Once this bill becomes law, today’s oppres- Sgt. Creamer exemplified what it meant to be OF NORTH CAROLINA sive tax code would survive for only four more a U.S. soldier; she made this nation and her IN THE HOUSE OF REPRESENTATIVES years, at which time it would expire and be re- family proud. My deepest thoughts and pray- Wednesday, January 26, 2011 placed with a new tax code that will be deter- ers go out to all of her family and friends dur- Mr. SHULER. Mr. Speaker, I would like to mined by Congress, the President, and the ing this very difficult time. submit the following letters: American people. This legislation will allow us, Today, I ask all Members of Congress to JANUARY 25, 2011. as a Nation, to collectively decide what the join me as we honor the life of Army Sergeant Democratic Leader NANCY PELOSI, new tax system should look like. Having a Zainah C. Creamer and her legacy, as well as U.S. Capitol, date-certain to end the current tax code will each man and woman in our Armed Forces, Washington, DC. force the issue to the top of the national agen- and all of those in harm’s way supporting their DEAR LEADER PELOSI, This letter is to ad- da. efforts, who give the ultimate sacrifice in serv- vise you that, effective today, I am taking a Although many questions remain about the ice to this great country. We owe them our leave of absence from the Committee on Small Business until my tenure on the Com- best way to reform our tax system, I am cer- eternal gratitude. mittee on the Budget is completed. It is my tain that if Congress is forced to address the f understanding from Clause C of Rule 19 of issue we can create a tax code that is simpler, the Democratic Caucus rules (referenced fairer, and better for our economy than the IN RECOGNITION OF ROBERT D. below) that I will continue to accrue senior- one we are forced to comply with today. BUNTING ity during the leave of absence, at the same Whichever tax system is adopted, the key rate as if I had continued to serve on the Committee on Small Business. ingredients should be: a low rate for all Ameri- HON. JOHN GARAMENDI Rule 19, Clause C: ‘‘Any Member of the cans; tax relief for working people; protection OF CALIFORNIA Committee on the Budget shall be entitled to of the rights of taxpayers and reduction in tax IN THE HOUSE OF REPRESENTATIVES take a leave of absence from service on any collection abuses; promotion of savings and committee or subcommittee during the pe- Wednesday, January 26, 2011 investment; and encouragement of economic riod he or she serves on the Budget Com- growth and job creation. Taxes may be un- Mr. GARAMENDI. Mr. Speaker, I rise today mittee and seniority rights of such Member avoidable but they don’t have to be unfair and in honor of Lieutenant Robert D. Bunting, who on such committee and on each sub- is retiring after 27 years of law enforcement committee to which such Member was as- overcomplicated. signed at the time shall be fully protected as Just like other programs that require reau- service—21 and a half years of service to the if such Member had continued to so serve thorization, the tax code must be reviewed to City of Fairfield and five and a half years with during the period of the leave of absence.’’ examine whether it is fulfilling its intended pur- the Calistoga Police Department. As his col- Accompanying this letter is a letter from pose and then Congress must make any leagues, friends and family gather together to the Democratic Leader verifying that my se- changes that are necessary. celebrate the next chapter of his life, I ask all niority on the Committee on Small Business America’s future depends on overcoming of my colleagues to join me in saluting this will continue to accrue during my absence. Thank you for your attention to this mat- the handicap of the current tax code. There is outstanding public servant and defender of ter. widespread consensus that the current system peace and safety. Sincerely, is broken, and keeping it is not in America’s Robert started his law enforcement career HEATH SHULER, best interest. I urge my colleagues to support as a Police Officer with the Calistoga Police Member of Congress.

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JA8.033 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS January 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E131 JANUARY 25, 2011. HONORING RESIDENTS OF THE COMMENDING THE EFFORTS OF Hon. HEATH SHULER, VILLAGE OF WESTERN SPRINGS, NATIONAL SCHOOL CHOICE WEEK House of Representatives, Cannon House Office ILLINOIS ON THEIR 125TH ANNI- Building, Washington, DC. VERSARY AS A VILLAGE DEAR HEATH: Thank you for your interest HON. JOE BARTON in serving on the House Budget Committee OF TEXAS in the 112th Congress. According to the HON. DANIEL LIPINSKI IN THE HOUSE OF REPRESENTATIVES Democratic Caucus rules, members are enti- Wednesday, January 26, 2011 tled to take a leave of absence from their OF ILLINOIS standing committee until their tenure on the IN THE HOUSE OF REPRESENTATIVES Mr. BARTON of Texas. Mr. Speaker, par- Budget Committee is complete. Thus, your ents across this country have taken a stand, full seniority on the Small Business Com- Wednesday, January 26, 2011 and they are demanding more academic mittee shall be fully protected for the dura- Mr. LIPINSKI. Mr. Speaker, I rise today to choices for their children. In that spirit, I would tion of your service on the Budget Com- like to highlight that this week, January 23–29, mittee. honor the residents of Western Springs, Illi- Thank you for your leadership. nois, a village in my district and my home- marks the inaugural ‘‘National School Choice Sincerely, town, which will celebrate its Week,’’ an event that promotes giving parents NANCY PELOSI, quasquicentennial anniversary on January 30, a choice on education. House Democratic 2011. The mission of National School Choice Week is simple: we need a K–12 education Leader. Western Springs enjoys a long and colorful ROSA DELAURO, system that provides a wide array of options. history beginning in the early 19th century. Co-Chair House We need an effective education system that The area, originally consisting of swampland Democratic Steer- has the flexibility to personalize and motivate and flat plains, was settled by a small popu- ing & Policy Com- students and allow parents to choose the mittee. lation of farmers in 1834. These rural families school that is best for their child. enjoyed a very quiet life until the CB&Q Rail- To provide a system of learning that meets JANUARY 25, 2011. road arrived in 1863. New construction filled the needs of tomorrow’s students, we need to Democratic Steering and Policy Committee, the swamps and the Western Springs Land empower the parents, teachers and school Chairwoman ROSA DELAURO, Association purchased the three tracts of land Rayburn House Office Building, systems today. I am honored to take this op- on which Western Springs now sits for Washington, DC. portunity to champion this cause and the indi- $105,000. DEAR CHAIRWOMAN DELAURO: This letter is vidual freedom to choose. I believe that pro- to advise you that, effective today, I am tak- Many of the area’s earliest inhabitants were moting educational choice for parents and stu- ing a leave of absence from the Committee Quaker, so the town adopted a personality on Small Business until my tenure on the dents is a vital part of the educational process. that included a simple lifestyle and a prohibi- Our students deserve the best teachers, facili- Committee on the Budget is completed. It is tion of alcohol. Eventually, developer Thomas my understanding from Clause C of Rule 19 ties, and studying environments. I am proud to of the Democratic Caucus rules (referenced Clarkson Hill moved to the area and helped to say that I am ‘‘all in’’ for National School below) that I will continue to accrue senior- organize the community to attract more resi- Choice Week. dents. Area inhabitants built a school house in ity during the leave of absence, at the same f rate as if I had continued to serve on the 1872 and a post office in 1873 and as more Committee on Small Business. new immigrants arrived, Quaker influence IN REMEMBRANCE OF BLACK Rule 19, Clause C: ‘‘Any Member of the dwindled. After several more community JANUARY IN AZERBAIJAN Committee on the Budget shall be entitled to projects, the Village of Western Springs incor- take a leave of absence from service on any committee or subcommittee during the pe- porated in 1886, named for the mineral HON. EDOLPHUS TOWNS riod he or she serves on the Budget Com- springs to the southwest of the town. OF NEW YORK mittee and seniority rights of such Member In 1890, the Village hired Edgar and IN THE HOUSE OF REPRESENTATIVES on such committee and on each sub- Benezette Williams to design and build a wa- Wednesday, January 26, 2011 committee to which such Member was as- terworks system after the local water springs signed at the time shall be fully protected as were depleted. The famous Western Springs Mr. TOWNS. Mr. Speaker, I rise today with if such Member had continued to so serve Water Tower was part of that project and still the people of Azerbaijan in remembrance of during the period of the leave of absence.’’ the tragic events of Black January, when at Accompanying this letter is a letter from stands 112 feet tall as a National Register His- toric Place. midnight of January 19, 1990, 26,000 Soviet the Democratic. Leader verifying that my troops stormed the capital city of Baku with seniority on the Committee on Small Busi- Western Springs’ other most historic site is tanks and armored vehicles. ness will continue to accrue during my ab- the Ekdahl House, built by August Ekdahl as sence. That night the Soviet military machine in- a general store. The general store was one of tended to restore public order by bulldozing in- Thank you for your attention to this mat- the town’s first businesses and later served as ter. nocent people and firing on peaceful dem- Sincerely, a post office. The building is now a museum onstrators, including on women and children. HEATH SHULER, where local residents can learn about the his- According to Azerbaijani records, as a result Member of Congress. tory of their village. The preservation of the of this merciless act authorized by then Presi- Water Tower and the Ekdahl house can be at- dent Mikhail Gorbachev, 130 people died, 611 JANUARY 25, 2011. tributed to the efforts of the determined mem- were injured, 841 were arrested, and 5 went Hon. HEATH SHULER, bers of the Western Springs Historical Society. missing. House of Representatives, Cannon House Office Although Western Springs has come a long Building, Washington, DC. Human Rights groups have condemned the DEAR HEATH: Thank you for your interest way since its days as a Quaker farm settle- Baku incursion for its attacks on medical per- in serving on the House Budget Committee ment, it is still a safe and quiet town as dem- sonnel, ambulances and even hospitals. The in the 112th Congress. According to the onstrated by its being named by Business punishment inflicted by Soviet soldiers was in- Democratic Caucus rules, members are enti- Week a ‘‘Great Place to Raise Kids’’ and one tended as a warning to nationalists, not only in tled to take a leave of absence from their of CNN Money’s ‘‘Best Places to Live.’’ My Azerbaijan, but in other Republics of the So- standing committee until their tenure on the wife Judy and I are proud to be counted viet Union. The Soviet use of force in Baku Budget Committee is complete. Thus, your among the Village’s 12, 493 residents. I will full seniority on the Small Business Com- was a desperate attempt to rescue the totali- mittee shall be fully protected for the dura- gather with my fellow Western Springs resi- tarian regime. However, Black January had tion of your service on the Budget Com- dents at McClure Junior High on January 30th the opposite effect on Azerbaijan. It consoli- mittee. to celebrate the Village’s 125th year. We will dated the rising independence movements in Thank you for your leadership. enjoy festivities including a giant tower cake, the country and united the Azerbaijani nation Sincerely, ice skating, and a bonfire, along with honoring in their quest for freedom. NANCY PELOSI, the 2010 Citizens of the Year. Azerbaijan has developed into a thriving House Democratic Leader. I ask you to join me in honoring the resi- country and has become an essential partner ROSA DELAURO, dents of Western Springs, Illinois on their of the United States in the region, collabo- Co-Chair House Demo- 125th anniversary as a village. May they enjoy rating on strengthening energy security and cratic Steering & this weekend’s celebration and may the Vil- working together to counter terrorism and ex- Policy Committee. lage continue to thrive as a close community. tremism. I would like to thank the Azerbaijani

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JA8.036 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS E132 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 2011 people for their friendship and share my Italy. Melvin was shot by a German machine reach their full potential; GOP cuts would thoughts and prayers with the families of those gunner. The bullet was stopped from going leave over 332,000 students in California with- who gave their lives fighting for a better Azer- through his chest by a New Testament Bible out extra academic support. baijan. The United States will continue to work that he held in his chest pocket. Mr. Ziegler We are talking about Title II education funds with Azerbaijan and other countries in the re- stated that he frequently did not read the Bible that keep class sizes small and classrooms gion to promote human rights, maintain sta- at the time, but since that fateful day, he reads more focused; GOP cuts would lay off over bility, strengthen institutions, enhance the rule it often. 1,000 teachers in California, resulting in dra- of law, and settle conflicts. Melvin currently lives in Owensville, Mis- matically larger class sizes for students in my f souri, with his wife of over 60 years, Iola. He district. will be presented the medal on Sunday, Janu- And this is just one example of the effect HONORING THE LATE HMONG GEN- ary 30, 2011, at his church of 20 years, the that Republican budget cuts would have in ERAL VANG PAO FOR HIS VAL- Salem Full Gospel Church in Salem, Missouri. one state and in one area. Imagine how dev- IANT SERVICE AND STEADFAST Surrounded by his family, friends, and con- astating the cumulative effect of Republicans’ ALLIANCE WITH THE UNITED gregation members, Melvin E. Ziegler will fi- blind, across the board cuts. We are not talk- STATES DURING THE VIETNAM nally receive the Bronze Star Medal for his ing about stripping funding for ‘‘bridges to no- WAR service and heroism. where’’—we are talking about real people; real In closing, Mr. Speaker, I ask all my col- lives; real families. HON. WALLY HERGER leagues to join me in honoring Melvin E. Zie- Mr. Speaker, if we are going to cut spend- OF CALIFORNIA gler for this celebrated award and thank him ing, let’s not do so blindly. Let’s have a bipar- IN THE HOUSE OF REPRESENTATIVES for his service to this great country. tisan conversation about what our spending priorities are and where we can afford to trim Wednesday, January 26, 2011 f the budget. I am certain that we can come to Mr. HERGER. Mr. Speaker, I rise today to REDUCING NON-SECURITY SPEND- some agreement if we at least allow a con- honor and pay tribute to General Vang Pao, ING TO FISCAL YEAR 2008 LEV- versation to be had. Deficit reduction is one of the revered leader of the Hmong community ELS OR LESS Democrats’ top priorities. But we owe it to the residing in my Northern California congres- American people to do so responsibly. SPEECH OF sional district and throughout the United I urge my colleagues to join me in opposing States. I join that community in mourning his HON. LAURA RICHARDSON H. Res. 38. loss. OF CALIFORNIA f It is fitting for all Americans to pause and re- IN THE HOUSE OF REPRESENTATIVES flect on General Vang Pao’s steadfast alliance OUR UNCONSCIONABLE NATIONAL Tuesday, January 25, 2011 with the United States during the Vietnam DEBT War. General Vang Pao commanded the Se- Ms. RICHARDSON. Mr. Speaker, I rise cret Army, a highly effective CIA-trained and today in opposition to H. Res. 38, an irrespon- HON. MIKE COFFMAN supported force that fought against the Pathet sible piece of legislation that asks the mem- OF COLORADO Lao and People’s Army of Vietnam. His tre- bers of the House to abdicate their responsi- IN THE HOUSE OF REPRESENTATIVES mendous courage and leadership aided Amer- bility to vote on a budget for the federal gov- ican soldiers against aggression from the ernment. This resolution opens the door to Wednesday, January 26, 2011 North Vietnamese. By fighting valiantly at our massive funding cuts to programs that are crit- Mr. COFFMAN of Colorado. Mr. Speaker, nation’s side, he helped preserve and protect ical to our fragile economic recovery. today our national debt is our way of life. Mr. Speaker, with H. Res. 38 the Repub- $14,062,239,904,820.69. Our nation should not forget General Vang licans have offered what they call a ‘‘Budget On January 6th, 2009, the start of the 111th Pao’s contributions to the American cause. Resolution’’—but what should be called a Congress, the national debt was We must also remember the Hmong who lost ‘‘Budgetless Resolution’’ because it contains $10,638,425,746,293.80. their lives or who were forced out of their no numbers, no specifics and, worst of all, no This means the national debt has increased homeland as they fought against the evils of ideas for job creation or economic recovery. by $3,423,814,158,526.89 since then. communism. They sacrificed tremendously Instead, it takes the unprecedented step of This debt and its interest payments we are and deserve our enduring gratitude. giving unilateral authority to the Budget Com- passing to our children and all future Ameri- f mittee chairman to set spending limits for the cans. federal government. With all due respect to f HONORING MELVIN E. ZIEGLER Chairman Ryan, no members of Congress should ever contract out their vote to another HONORING ROSEMARIE DUERTA HON. BLAINE LUETKEMEYER member—especially not on something as fun- HUGGINS FOR HER SERVICE TO THE CABRILLO CIVIC CLUBS OF OF MISSOURI damentally important as setting funding levels CALIFORNIA, INC. IN THE HOUSE OF REPRESENTATIVES for the federal government. H. Res. 38, the Budgetless Resolution, is a Wednesday, January 26, 2011 one-page document that makes the vague and HON. JIM COSTA Mr. LUETKEMEYER. Mr. Speaker, I rise simplistic goal of reducing federal spending to OF CALIFORNIA today to recognize Melvin E. Ziegler, who 2008 levels or less. Democrats are serious IN THE HOUSE OF REPRESENTATIVES soon is to receive the World War II Bronze about deficit reduction. But we also must Wednesday, January 26, 2011 Star Medal. This prestigious award is given to make sure that we continue on the path to those in the United States Army distinguished economic recovery. Mr. COSTA. Mr. Speaker, I rise today to as heroic or meritorious during their service Mr. Speaker, we have to be able to walk honor Rosemarie Duerta Huggins for her out- fighting against an enemy of the United and chew gum at the same time. If we are standing leadership and service as the 2010 States. going to work on deficit reduction—as we President of Cabrillo Civic Clubs of California, Mr. Ziegler fought in the 88th Infantry Divi- should—we should go through the budget sur- Inc. sion during World War II in Italy. He previously gically, examining where federal investments Rosemarie is a long-standing civic leader in was honored with the Purple Heart and the are working and where they are not. California’s Portuguese community. Upon join- Combat Infantryman Badge. Unbeknownst to The Republican plan is the exact opposite ing Cabrillo Civic Club #10 Fresno County in Mr. Ziegler, he was awarded The Bronze Star approach—it is deficit reduction while blind- 1967, Rosemarie embraced the mission of the Medal; however, it was never awarded or folded. The across the board Republican Clubs, which is to be dedicated to the issued to him. Melvin recently received a letter budget cuts would seriously hurt the people in progress of California in memory of Por- from the Department of the Army informing my district by gashing funding for critical pro- tuguese compatriot, Joao Rodrigues Cabrilho, him of this honor. I am pleased to say that grams. discoverer of California; to observe September after 65 years, Melvin E. Ziegler will receive We are not talking about ‘‘duplicative’’ or 28 of each year as ‘‘Cabrillo Day’’; to erect the medal he so greatly deserves. ‘‘wasteful’’ spending. We are talking about and maintain appropriate memorials, shrines During World War II, Private Ziegler was Title I education funding that gives poor stu- and landmarks of Portuguese navigators who part of the force driving the Nazis from North dents after-school support that helps them discovered and explored California; to teach

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K26JA8.016 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS January 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E133 and foster Americanization; to promote schol- Two years later, Judge Fields returned to tutions, his church and his legal profession, to arships; and encourage better education and his hometown and became the first African promote opportunity and justice for all. Judge to perpetuate the achievements of their pio- American to open a law office in Charleston Fields is a South Carolina and a national neer forefathers in the Golden State. since the early 1900s and he had the distinc- treasure, who is very deserving of this rec- As president, Rosemarie served the Clubs’ tion of becoming the first black litigator. ognition. membership and communities of California After distinguishing himself over two dec- f with exemplary service. Her dedication led to ades as an outstanding legal advocate, he expansion of the Clubs’ charitable services was elected in 1969 as a Municipal Judge for INTRODUCTION OF THE SBIR EN- and programs, including organizing blood the City of Charleston. He served in that posi- HANCEMENT ACT, THE SBTT EN- drives, coordinating fundraising efforts for polio tion until 1975, when he was elected Judge of HANCEMENT ACT, AND THE and cancer research, and assisting candidates the Family Court of Charleston County. Five SMALL BUSINESS INNOVATION for U.S. citizenship. During Rosemarie’s ten- years later, he was elected Judge of the Cir- ACT ure, the Clubs also awarded approximately cuit Courts of South Carolina where he re- 157 deserving students of Portuguese descent mained until his retirement in 1992. HON. MAZIE K. HIRONO with $500 scholarships for higher education. In retirement, Judge Fields has been very OF HAWAII Prior to her service as state president, active in the legal community. He was a mem- IN THE HOUSE OF REPRESENTATIVES Rosemarie served in several capacities to help ber of the Committee to Establish the School Wednesday, January 26, 2011 advance the Clubs’ mission, including assum- of Law and now serves on the Advisory Com- Ms. HIRONO. Mr. Speaker, I rise today to ing the role of president of the Club’s Fresno mittee to the Charleston School of Law which introduce three bills that will strengthen the ex- County Chapter from 1992 to 1993. Through was established in 2004. isting Small Business Innovation Research her chairmanship on program and fundraising In 1952, Judge Fields joined the Claflin Col- Program and the Small Business Technology committees, Rosemarie was also highly instru- lege, now University, Board of Trustees, Program by increasing the percentage of fed- mental in fostering awareness of the Club’s where he served for more than 50 years. In eral funding that goes to these important pro- founding principles including supporting schol- 1992, the Richard E. Fields and Myrtle E. grams and increasing the size of the grants, arship and education, Americanization, and Fields Scholarship was established at Claflin which have significantly declined in real value participation in civic affairs in the local commu- to provide financial assistance to students of since they were last authorized. The bills are nity and across California. In addition to her merit. H.R. 448, the Small Business Innovation En- years of service with the California Cabrillo Throughout his career, Judge Fields has hancement Act; H.R. 447, the SBIR Enhance- Civic Clubs of California, Inc., Rosemarie has served on numerous boards and committees ment Act; and H.R. 449, the SBTT Enhance- successfully attended to the needs of her in both the public and private sectors. In 1980, ment Act. household, her career at Children’s Hospital he along with several businessmen, estab- Small companies, like Cellular Bio- Central California, and her duties as an active lished the Liberty National Bank, and he engineering, Oceanit, and Archinoetics in Ha- member of the Portuguese Lodge SPRSI and served on its Board of Directors for a number waii are a source of great innovative talent. Clovis Hills Community Church. of years. However, too many great ideas never come to Rosemarie lives by the conviction that ‘‘It is After returning to Charleston to practice law, fruition because small entrepreneurial firms up to us to keep our heritage alive so it will Judge Fields resumed his membership in his- lack the resources they need to test an idea not perish.’’ Her leadership and dedication is toric Centenary Methodist Church. He was and bring it to fruition. The Small Business In- highly commendable and should serve as an elected Treasurer of that congregation in ap- novation Research, SBIR, Program and the example for all of us to follow. I ask my col- proximately 1950, and held that position for Small Business Technology Transfer, SBTT, leagues to rise with me to honor Rosemarie more than 50 years. He has been the Program have proven track records. Duerta Huggins for her many contributions Church’s delegate to the South Carolina An- The SBIR Program, for instance, has award- and countless efforts that have kept the Por- nual Conference for more than 50 years. In ed some $16 billion in awards since 1983. tuguese legacy vibrant in communities across 1970, Judge Fields was elected to the General Some 1.45 million people are employed in California and our great nation. Board of Finance and Administration, the cor- SBIR firms and these firms have 450,000 em- f porate body of the Church. ployees with graduate degrees in engineering He has been honored by the local chapter and science—more than all U.S. academic in- TRIBUTE TO JUDGE RICHARD of ‘‘100 Black Men’’ and by the American stitutions combined. FIELDS Board of Trial Advocates which established However, the number of new firms entering ‘‘The Richard E. Fields Civility Award’’ to be into the SBIR program has declined drastically HON. JAMES E. CLYBURN given annually to a judge or attorney embody- in recent years. Part of the reason is the dif- OF SOUTH CAROLINA ing his high standards of decency, civility, and ficulty in applying for grants and the fact that IN THE HOUSE OF REPRESENTATIVES equanimity. West Virginia State University also the grant maximum amount for Phase I of the honored him in 2009 as the Alumnus of the program was limited to $100,000. My bill dou- Wednesday, January 26, 2011 Year. bles that amount to $200,000. Phase I funding Mr. CLYBURN. Mr. Speaker, I rise today to In addition to all his public accolades, I must is used to explore the scientific, technical, and pay tribute to a trailblazing legal professional add my personal commendation to Judge commercial feasibility of an idea or tech- and one of my mentors, Judge Richard Fields. Fields. I often recount the story of when I was nology. Judge Fields is being honored on February a young man just out of college intent on Phase II funding, previously limited to a 10, 2011, by the Center for Heirs Property changing the world from my place in Charles- maximum of $750,000, is increased to $1.5 Preservation with the Commitment to Justice ton, Judge Fields gave me advice that I will million in my bill. Phase II awards are given to Award. Although I cannot be there in person never forget. He reminded me of the story of companies that successfully complete phase I due to Congressional obligations, I cannot the three little pigs and the wolf that huffed and can be used for R&D work as the devel- allow this occasion to pass without adding my and puffed and couldn’t blow their brick house oper moves to commercializing their invention. personal recognition of this remarkable man. down. Judge Fields equated the obstacles that The Small Business Technology Transfer Judge Richard E. Fields has a story not un- had been built to keep African Americans out Program or SBTT is very similar to SBIR, but like that of many African Americans born in to the brick house. He told me, ‘‘You got to the grants are specifically designed to fund the segregated South. He was born and get inside. You can’t change things from out- public/private collaborations between nonprofit raised in Charleston, South Carolina to par- side no matter how well-meaning you may research institutions and small businesses that ents who spent their youth working in the be.’’ Judge Fields words helped me to define want to develop commercial applications for fields, unable to earn more than a fourth grade my political philosophy, and that is how I have technologies developed by those institutions. education. Yet that didn’t stop them from come to build a career as a public servant. The SBTT program uses the same Phase I wanting a better life for their son. Mr. Speaker, I ask you and my colleagues and Phase II funding formula as SBIR. Eligible Judge Fields left home in 1940, and went to to join me in celebrating the transformative nonprofit research institutions include U.S.- West Virginia State College, now University, work of The Honorable Richard Fields. His life based nonprofit colleges or universities, do- where he earned a BS in Business Adminis- story is an example of overcoming obstacles mestic nonprofit research organizations, and tration. In 1944 he entered the Howard Univer- with integrity and leadership. He continues, federally funded R&D centers. The University sity Law School and graduated with a law de- through his work with the Center for Heirs of Hawaii would be an eligible institution for gree in 1947. Property Preservation, higher education insti- SBTT grants.

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JA8.041 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS E134 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 2011 Last year, when the House prohibited Mem- creased difficulty. If a student answers incor- Repeated requests for the Forest Service to bers of Congress from seeking earmarks for rectly, the test presents a question of de- change course within its own authority have private companies, I worried about the effect creased difficulty. As you can see, an adaptive gone unanswered. This legislation will help en- this would have on small high technology test customizes itself to a student’s actual sure that this agency is being held account- companies in Hawaii and throughout the coun- level of performance with a great degree of able to the public it is required to serve in- try. I’ve been so impressed by the innovative accuracy. stead of using their tax dollars to restrict ac- scientists and engineers I’ve met and have Giving states the flexibility to use an adapt- cess to their Federal lands. I would encourage proudly sought earmarks in the past to further ive test and to ask questions outside of grade you to support H.R. 242. their work. In the absence of earmarks, I be- level will improve the accuracy of student as- f lieve that strengthening the SBIR and SBTT sessment and enable educators to target ap- programs is our best chance to provide the propriate instruction for each child based on JOB CREATION, ECONOMIC opportunities these creative entrepreneurs performance at, above, or below grade level. RECOVERY, AND DEBT REDUCTION need to create new businesses and products In addition, using an adaptive test over time that will provide good jobs, strengthen our will allow accurate measurement of the per- HON. LAURA RICHARDSON economy, and improve our quality of life. formance growth of each individual student. OF CALIFORNIA In his State of the Union address last night, In Wisconsin, hundreds of school districts IN THE HOUSE OF REPRESENTATIVES President Obama highlighted the importance currently use their own funds to participate in Wednesday, January 26, 2011 of encouraging private sector innovation to adaptive testing in addition to the state as- spur economic growth and exports. Passing sessment required by NCLB. Educators and Ms. RICHARDSON. Mr. Speaker, as the my bills to strengthen SBIR and SBTT would administrators appreciate the diagnostic infor- 112th Congress goes to work on the policies be a good first step. mation it yields and the efficiency that it pro- and actions needed to move America forward, f vides. I believe that school districts nationally Democrats continue to make job creation, eco- are already ‘‘speaking with their wallets’’ by nomic recovery and debt reduction the top pri- INTRODUCTION OF THE ASSESS- spending scarce resources to voluntarily par- orities. Unfortunately, the first actions by the MENT ACCURACY AND IMPROVE- ticipate in this testing because it provides valu- new Republican Majority are not consistent MENT ACT OF 2011 able information that the state assessment with these priorities. does not. These goals should be accomplished in a HON. THOMAS E. PETRI Additionally, 30 states are currently partici- way that is aligned with the needs of working OF WISCONSIN pating in the Smarter Balanced Assessment families—what will generate good jobs for IN THE HOUSE OF REPRESENTATIVES Consortium, SBAC, one of the two state as- working people; what will ease the burden for middle class families; what will create long- Wednesday, January 26, 2011 sessment consortia to receive funding under Race to the Top. SBAC is developing a re- term economic growth for everyone. Demo- Mr. PETRI. Mr. Speaker, as Congress con- searched-based computer adaptive test crats measure everything Congress does by siders the reauthorization of the No Child Left aligned to the common core standards. This these goals. Behind Act this year, we have an obligation to legislation will ensure that these states will be In the 37th district of California, things are listen closely to the students, parents, and able to fully utilize the capabilities of this next improving, but unemployment and foreclosure educators that we represent to ensure that our assessment. rates are still well above the national average; efforts result in responsible and pragmatic im- Mr. Speaker, adaptive testing is one of the this is the time to keep moving forward with provements. While we have made great keys to putting the ‘child’ back into No Child policies tailored to help working families. Now strides in the areas of assessment and ac- Left Behind. I hope that our colleagues will is not the time to move backwards to policies countability over the last nine years, this reau- join us in this pragmatic and responsible im- that got us into this recession in the first place. thorization provides a critical opportunity to provement to the law as we work towards a The Republicans have employed a lot of learn from our experiences and fine-tune the bipartisan reauthorization this year. rhetoric about jobs and the economy; how- law. f ever, their first actions in control of the House One example of a lesson my constituents show no follow through. The initial issues have learned, and have vigorously shared with INTRODUCTION OF H.R. 242 being pursued by the GOP are: me, is that we should be encouraging states The repeal of Health Care Reform. Repub- to move towards better assessment models. HON. WALLY HERGER licans knew the repeal would go nowhere in As I have met with educators over the past OF CALIFORNIA the Senate, but still insisted upon wasting val- several years, one of the primary concerns IN THE HOUSE OF REPRESENTATIVES uable time that could have been spent on job that I have heard is that the state assessment creation. fails to provide information of value to edu- Wednesday, January 26, 2011 The Republicans have offered what they call cators and administrators. Even more dis- Mr. HERGER. Mr. Speaker, for the last few a ‘‘Budget Resolution’’—but what should be turbing, it often takes four to six months before years, national forests throughout California called a ‘‘Budgetless Resolution’’ because it scores are returned to schools, which leaves have been in the process of implementing the contains no numbers, no specifics and, worst little or no time for teachers to use the infor- Forest Service’s 2005 Travel Management of all, no ideas for job creation or economic mation to address student performance before Rule, TMR. As a result, many national forests recovery. they advance to the next grade. have proposed to reduce off-highway vehicle, The Budgetless Resolution is a one-page However, I believe there is a sensible solu- OHV, access by 90 percent or more, in addi- document that makes the vague goal of reduc- tion that Congress can adopt to address these tion to restricting use on so-called mainte- ing federal spending to 2008 levels. This concerns and give states more options in as- nance-level 3, ML–3, roads by classifying budgetless resolution opens the door to reck- sessment design. Today, Rep. DAVID WU and them as ‘‘highways.’’ less slashes in funding to programs that are I are introducing the bipartisan Assessment Throughout the travel management process, critical to our fragile economic recovery. Accuracy and Improvement Act of 2011 to recreational users and local governments pro- In California alone, Republicans’ blind budg- give states the option to use adaptive testing vided substantive documentation and com- et slashing would cut 237 million from Title I as their statewide assessment measuring ments to address safety issues and other con- funding for poor students. The cuts would reading, math, and science to fulfill No Child cerns with this flawed policy. Despite the best leave over 332,000 poor students in California Left Behind requirements. I believe that this efforts of these elected officials and pro-ac- without additional academic support that helps legislation will give states the ability to truly cess groups, their comments were all but ig- them perform to their full potential in school track the academic growth of every child and nored as the Forest Service moved forward and, ultimately, achieve their dreams and provide more accurate information to teachers, with the TMR. For these reasons, and given goals; this does not help us stay competitive parents and school administrators through the the significant economic damage this rule will in the global marketplace. And this is just one use of an adaptive test. cause to recreational communities throughout example of Republican cuts in one area in one For those who may be unfamiliar with California, I have introduced legislation, H.R. state. Imagine the damage that Republicans’ adaptive testing, it is a test that changes in re- 242, to restrict funding to the Forest Service to across the board, reckless cuts will do to our sponse to previously-asked questions. For ex- continue implementing the TMR in the State of economic recovery. ample, if a student answers a question cor- California until the agency develops a more This is not the smart way to manage the rectly, the test presents a question of in- balanced and workable OHV policy. budget. It is worse than arbitrary; it is like

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JA8.043 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS January 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E135 budgeting with blindfolds on. It gives no For America’s economy to remain competi- Judiciary thought, no reasons and no real discussion on tive in the coming years, Congress must make To hold hearings to examine foreclosure how the cuts would be made and what the wise investments of taxpayer dollars. Pell mediation programs, focusing on if ramifications would be. Grants are just one of many of these wise in- bankruptcy courts can limit home- Democrats believe that jobs and the econ- vestments. Allowing one Member of Congress owner and investor losses. omy should be the top priorities and every- to cut capriciously from federal programs while SD–226 2:30 p.m. thing we do is measured against those goals. claiming to be fiscally responsible is anything Homeland Security and Governmental Af- but. Republicans are failing the test. fairs I urge my colleagues to vote against this f Contracting Oversight Subcommittee budget resolution. To hold hearings to examine improving REDUCING NON-SECURITY SPEND- f ING TO FISCAL YEAR 2008 LEV- Federal contract auditing. SD–342 ELS OR LESS SENATE COMMITTEE MEETINGS Title IV of Senate Resolution 4, FEBRUARY 2 SPEECH OF agreed to by the Senate on February 4, 10 a.m. 1977, calls for establishment of a sys- HON. RUSH D. HOLT Budget OF NEW JERSEY tem for a computerized schedule of all To hold hearings to examine tax reform, meetings and hearings of Senate com- IN THE HOUSE OF REPRESENTATIVES focusing on fiscal responsibility. mittees, subcommittees, joint commit- Tuesday, January 25, 2011 SD–608 tees, and committees of conference. Environment and Public Works Mr. HOLT. Mr. Speaker, today I rise in op- This title requires all such committees To hold an oversight hearing to examine position to the irresponsible budget resolution to notify the Office of the Senate Daily public health and drinking water under consideration by the House. Digest—designated by the Rules Com- issues. My priorities in the new Congress remain mittee—of the time, place, and purpose SD–406 supporting middle class families and helping to of the meetings, when scheduled, and Homeland Security and Governmental Af- foster job creation. These goals should be any cancellations or changes in the fairs how we in Congress measure every action we meetings as they occur. To hold hearings to examine cata- take. Unfortunately the budget resolution be- As an additional procedure along strophic preparedness, focusing on fore us today fails to meet these goals and is with the computerization of this infor- FEMA. mation, the Office of the Senate Daily SD–342 little more than a not-so-shrewd act of political Judiciary theater staged hours before the President de- Digest will prepare this information for printing in the Extensions of Remarks To hold hearings to examine the con- livers the State of the Union in this chamber. stitutionality of the Affordable Care section of the CONGRESSIONAL RECORD The resolution, which authorizes the Budget Act. Committee chairman to cut non-security fed- on Monday and Wednesday of each SD–226 eral spending to 2008 levels, is an insincere week. 2 p.m. attempt at fiscal responsibility. Getting our na- Meetings scheduled for Thursday, Judiciary tion’s fiscal house in order is a task I and January 27, 2011 may be found in the To hold hearings to examine certain many of my colleagues take seriously. How- Daily Digest of today’s RECORD. nominations. SD–226 ever, rather than setting a concrete plan for MEETINGS SCHEDULED how Congress should spend taxpayer dollars, FEBRUARY 1 this resolution contains no hard numbers. FEBRUARY 3 Moreover, this resolution would take the un- 10 a.m. 9:30 a.m. Budget Energy and Natural Resources precedented and undemocratic step of em- To hold hearings to examine the U.S. powering one Member of Congress with the To hold hearings to examine the energy economic outlook. and oil market outlook for the 112th ability to identify which programs to cut and by SD–608 Congress. how much. Energy and Natural Resources SD–366 One example of how this resolution will hurt To hold hearings to examine the Amer- ican Medical Isotopes Production Act middle-class Americans is by cutting the Pell FEBRUARY 16 Grant program. Pell Grants help working-class of 2011. SD–366 9:30 a.m. Americans afford a college education. Since Foreign Relations Energy and Natural Resources 2008, Congress increased wisely the Pell To hold hearings to examine Iraq, focus- To hold hearings to examine the U.S. De- Grant to $5,550. Should this ill-conceived res- ing on transitioning to a civilian mis- partment of Energy’s budget for fiscal olution pass, Pell Grants could be cut by near- sion. year 2012. ly 25 percent. SD–419 SD–366

VerDate Mar 15 2010 07:06 Jan 27, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JA8.046 E26JAPT1 pwalker on DSKD5P82C1PROD with REMARKS Wednesday, January 26, 2011 Daily Digest Senate Rules Change Resolutions—Agreement: A unani- Chamber Action mous-consent-time agreement was reached providing Routine Proceedings, pages S249–S294 that at a time to be determined by the Majority Measures Introduced: Twenty-three bills and four Leader after consultation with the Republican Lead- resolutions were introduced, as follows: S. 188–210, er, the Senate proceed to the consideration of the fol- S.J. Res. 3, S. Res. 26–27, and S. Con. Res. 4. lowing resolutions, en bloc: A Wyden-Grassley- Pages S271–72 McCaskill resolution relative to ‘‘secret holds’’ which is at the desk; A Udall (CO) resolution regarding Measures Passed: waiving the reading of an amendment, which is at Tragedy in Tucson Resolution: By a unanimous the desk; S. Res. 8 (Harkin); S. Res. 10 (Udall vote of 97 yeas (Vote No. 1), Senate agreed to S. (NM)) with a substitute amendment which is at the Res. 14, honoring the victims and heroes of the desk; and S. Res. 21 (Merkley) with a substitute shooting on January 8, 2011 in Tucson, Arizona. amendment which is at the desk; that there be up Pages S255–60 to 8 hours of debate equally divided between the Small Business Act and the Small Business In- two Leaders, or their designees, for the purpose of vestment Act: Senate passed H.R. 366, to provide debating these resolutions concurrently; that upon for an additional temporary extension of programs the use or yielding back of time, the substitute under the Small Business Act and the Small Business amendment to S. Res. 10 be agreed to and the sub- Investment Act of 1958. Page S261 stitute amendment to S. Res. 21 be agreed to; the Recognizing the Anniversary of the Earthquake Senate then vote on or in relation to the resolutions in Haiti: Senate agreed to S. Res. 26, recognizing in the order listed above, with no intervening action the anniversary of the tragic earthquake in Haiti on or debate; that the following resolutions be subject January 12, 2010, honoring those who lost their to a 60 vote threshold for adoption: Wyden-Grass- lives in that earthquake, and expressing continued ley-McCaskill resolution; and Udall (CO) resolution; that the following remaining resolutions be subject solidarity with the Haitian people. Pages S261–63 to a threshold of two-thirds of those voting for adop- Appointments: tion: S. Res. 8; S. Res. 10, as amended; and S. Res. Ronald Reagan Centennial Commission: The 21, as amended; that there be no amendments, mo- Chair, on behalf of the Republican Leader, pursuant tions, or points of order in order to any of these res- to Public Law 111–25, announced the appointment olution prior to the vote on or in relation to the res- of the following individual to serve as a member of olution, except for the substitute amendments to S. the Ronald Reagan Centennial Commission for the Res. 10 and S. Res. 21, listed above; provided fur- life of the commission: ther, that if a resolution fails to achieve the listed The Honorable Orrin Hatch of Utah vice Robert threshold for adoption, it be returned to its previous Bennett. Page S263 status. Page S265 Congressional Budget Office: For the information Message from the President: Senate received the of the Senate, the Chair made the following an- following message from the President of the United nouncement: States: The President Pro Tempore of the Senate and the Transmitting, pursuant to law, a report on the Speaker of the House of Representatives, pursuant to continuation of the national emergency that was de- the provisions of Section 201(a)(2) of the Congres- clared in Executive Order 13396 on February 7, sional Budget Act of 1974, have appointed Dr. 2006, with respect to the situation in or in relation Douglas W. Elmendorf as Director of the Congres- to Coˆte d’Ivoire; which was referred to the Com- sional Budget Office for the term expiring January mittee on Banking, Housing, and Urban Affairs. 3, 2015. Page S263 (PM–3) Pages S267–68 D44

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Removal of Injunction of Secrecy: The injunction Michael W. Punke, of Montana, to be a Deputy of secrecy was removed from the following treaty: United States Trade Representative, with the Rank Protocol Amending Tax Convention with Swiss of Ambassador. Confederation (Treaty Doc. No. 112–1). Islam A. Siddiqui, of Virginia, to be Chief Agri- The treaty was transmitted to the Senate today, cultural Negotiator, Office of the United States considered as having been read for the first time, and Trade Representative, with the rank of Ambassador. referred, with accompanying papers, to the Com- Juan F. Vasquez, of Texas, to be a Judge of the mittee on Foreign Relations and ordered to be print- United States Tax Court for a term of fifteen years. ed. Page S292 Richard Sorian, of New York, to be an Assistant Secretary of Health and Human Services. Nominations Received: Senate received the fol- Timothy Charles Scheve, of Pennsylvania, to be a lowing nominations: Member of the Internal Revenue Service Oversight Henry F. Floyd, of South Carolina, to be United Board for a term expiring September 14, 2015. States Circuit Judge for the Fourth Circuit. Matthew J. Bryza, of Illinois, to be Ambassador to Michael Charles Green, of New York, to be the Republic of Azerbaijan (Recess Appointment). United States District Judge for the Western Dis- Robert Stephen Ford, of Vermont, to be Ambas- trict of New York. sador to the Syrian Arab Republic (Recess Appoint- Ramona Villagomez Manglona, of the Northern ment). Mariana Islands, to be Judge for the District Court Norman L. Eisen, of the District of Columbia, to for the Northern Mariana Islands for a term of ten be Ambassador to the Czech Republic (Recess Ap- years. pointment). J. Paul Oetken, of New York, to be United States George Albert Krol, of New Jersey, to be Ambas- District Judge for the Southern District of New sador to the Republic of Uzbekistan. York. Francis Joseph Ricciardone, Jr., of Massachusetts, Nelva Gonzales Ramos, of Texas, to be United to be Ambassador to the Republic of Turkey (Recess States District Judge for the Southern District of Appointment). Texas. David Lee Carden, of New York, to be Represent- V. Natasha Perdew Silas, of Georgia, to be United ative of the United States of America to the Associa- States District Judge for the Northern District of tion of Southeast Asian Nations, with the rank of Georgia. Ambassador. Linda T. Walker, of Georgia, to be United States Katherine M. Gehl, of Wisconsin, to be a Member District Judge for the Northern District of Georgia. of the Board of Directors of the Overseas Private In- Donald B. Verrilli, Jr., of the District of Colum- vestment Corporation for a term expiring December bia, to be Solicitor General of the United States. 17, 2013. Eric L. Hirschhorn, of Maryland, to be Under Sec- Roberto R. Herencia, of Illinois, to be a Member retary of Commerce for Export Administration. of the Board of Directors of the Overseas Private In- vestment Corporation for a term expiring December Mario Cordero, of California, to be a Federal Mari- 17, 2012. time Commissioner for the term expiring June 30, Matthew Maxwell Taylor Kennedy, of California, 2014. to be a Member of the Board of Directors of the Philip E. Coyle III, of California, to be an Asso- Overseas Private Investment Corporation for a term ciate Director of the Office of Science and Tech- expiring December 17, 2012. nology Policy. Paul M. Tiao, of Maryland, to be Inspector Gen- Scott C. Doney, of Massachusetts, to be Chief Sci- eral, Department of Labor. entist of the National Oceanic and Atmospheric Ad- Agnes Gund, of New York, to be a Member of ministration. the National Council on the Arts for a term expiring Rebecca F. Dye, of North Carolina, to be a Fed- September 3, 2016. eral Maritime Commissioner for the term expiring John A. Lancaster, of New York, to be a Member June 30, 2015. of the Board of Directors of the United States Insti- Donald M. Berwick, of Massachusetts, to be Ad- tute of Peace for the remainder of the term expiring ministrator of the Centers for Medicare and Medicaid September 19, 2011. Services. John A. Lancaster, of New York, to be a Member Alan D. Bersin, of California, to be Commissioner of the Board of Directors of the United States Insti- of Customs, Department of Homeland Security. tute of Peace for a term of four years. Michael F. Mundaca, of New York, to be an As- Judith A. Ansley, of Massachusetts, to be a Mem- sistant Secretary of the Treasury. ber of the Board of Directors of the United States

VerDate Mar 15 2010 01:48 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26JA1.REC D26JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D46 CONGRESSIONAL RECORD — DAILY DIGEST January 26, 2011 Institute of Peace for the remainder of the term ex- Routine lists in the Army and Navy. piring September 19, 2011. Pages S293–94 Judith A. Ansley, of Massachusetts, to be a Mem- Messages from the House: Page S268 ber of the Board of Directors of the United States Institute of Peace for a term of four years. Measures Placed on the Calendar: Page S268 Craig Becker, of Illinois, to be a Member of the Measures Read the First Time: Page S268 National Labor Relations Board for a term of five Executive Communications: Pages S268–71 years expiring December 16, 2014. Additional Cosponsors: Pages S272–73 Jonathan Andrew Hatfield, of Virginia, to be In- spector General, Corporation for National and Com- Statements on Introduced Bills/Resolutions: munity Service. Pages S273–91 Phyllis Nichamoff Segal, of Massachusetts, to be Additional Statements: Pages S266–67 a Member of the Board of Directors of the Corpora- Notices of Hearings/Meetings: Pages S291–92 tion for National and Community Service for a term expiring October 6, 2013. Authorities for Committees to Meet: Page S292 Lisa M. Quiroz, of New York, to be a Member of Record Votes: One record vote was taken today. the Board of Directors of the Corporation for Na- (Total—1) Page S259 tional and Community Service for a term expiring Adjournment: Senate convened at 9:30 a.m. and February 8, 2014. adjourned, in accordance with S. Res. 14, at 8:29 John D. Podesta, of the District of Columbia, to p.m., until 10:30 a.m. on Thursday, January 27, be a Member of the Board of Directors of the Cor- 2011. (For Senate’s program, see the remarks of the poration for National and Community Service for a Majority Leader in today’s Record on page S292.) term expiring October 6, 2014. Matthew Francis McCabe, of Pennsylvania, to be a Member of the Board of Directors of the Corpora- Committee Meetings tion for National and Community Service for a term expiring October 6, 2013. (Committees not listed did not meet) Marguerite W. Kondracke, of Tennessee, to be a NATIONAL COMMISSION ON THE BP Member of the Board of Directors of the Corporation DEEPWATER HORIZON OIL SPILL AND for National and Community Service for a term ex- OFFSHORE DRILLING piring June 10, 2014. Jane D. Hartley, of New York, to be a Member Committee on Energy and Natural Resources: Committee of the Board of Directors of the Corporation for Na- concluded a hearing to examine the report and rec- tional and Community Service for a term expiring ommendations, including any recommendations for October 6, 2014. legislative action, issued by the National Commis- sion on the BP Deepwater Horizon Oil Spill and Richard Christman, of Kentucky, to be a Member Offshore Drilling, after receiving testimony from of the Board of Directors of the Corporation for Na- former Senator Bob Graham, Miami Lakes, Florida, tional and Community Service for the remainder of and William K. Reilly, San Francisco, California, the term expiring October 6, 2012. both Co-Chairs, National Commission on the BP Rafael Borras, of Maryland, to be Under Secretary Deepwater Horizon Oil Spill and Offshore Drilling. for Management, Department of Homeland Security. William J. Boarman, of Maryland, to be Public TRANSPORTATION’S ROLE IN THE Printer (Recess Appointment). ECONOMY AND JOB CREATION Winslow Lorenzo Sargeant, of Wisconsin, to be Committee on Environment and Public Works: Com- Chief Counsel for Advocacy, Small Business Admin- mittee concluded a hearing to examine transpor- istration. tation’s role in supporting the economy and job cre- Heather A. Higginbottom, of the District of Co- ation, after receiving testimony from Susan lumbia, to be Deputy Director of the Office of Man- Martinovich, Nevada Department of Transportation, agement and Budget. Carson City, on behalf of the American Association Katharine G. Abraham, of Iowa, to be a Member of State Highway and Transportation Officials of the Council of Economic Advisers. (AASHTO); Raymond J. Poupore, National Con- David S. Cohen, of Maryland, to be Under Sec- struction Alliance II (NCA II), Washington, D.C.; retary for Terrorism and Financial Crimes. Wayne Johnson, Owens Corning, Toledo, Ohio, on 3 Air Force nominations in the rank of general. behalf of the National Industrial Transportation 9 Army nominations in the rank of general. League (NITL); and William Dorey, Watsonville,

VerDate Mar 15 2010 01:48 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26JA1.REC D26JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 26, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D47 California, on behalf of Granite Construction Incor- focusing on accomplishments and ongoing challenges porated. in the fight against fraud, after receiving testimony from Lanny A. Breuer, Assistant Attorney General, PROTECTING AMERICAN TAXPAYERS Criminal Division, and Tony West, Assistant Attor- Committee on the Judiciary: Committee concluded a ney General, Civil Division, both of the Department hearing to examine protecting American taxpayers, of Justice. h House of Representatives added at the end of the bill a new section entitled Chamber Action ‘‘Prohibition on the Use of Federal Funds for Presi- Public Bills and Resolutions Introduced: 72 pub- dential Campaign and Lobbying Activities’’; and lic bills, H.R. 447–518; and 15 resolutions, H. Con. Pages H493–94 Res. 13; and H. Res. 57–71, were introduced. Moore amendment (No. 6 printed in the Congres- Pages H506–10 sional Record of January 25, 2011) that was offered Additional Cosponsors: Page H513 and subsequently withdrawn that would have struck all after the enacting clause and inserted new text. Reports Filed: There were no reports filed today. Page H494 Reducing Federal spending and the deficit by Point of Order sustained against: terminating taxpayer financing of presidential Polis amendment (No. 5 printed in the Congres- election campaigns and party conventions: The sional Record of January 5, 2011) that sought to House passed H.R. 359, to reduce Federal spending strike all after the enacting clause and insert new and the deficit by terminating taxpayer financing of text. Pages H494–96 presidential election campaigns and party conven- H. Res. 54, the rule providing for consideration tions, by a yea-and-nay vote of 239 yeas to 160 nays, of the bill, was agreed to by voice vote after the pre- Roll No. 25. Pages H482–83, H483–99 vious question was ordered by a yea-and-nay vote of Rejected the Walz (MN) motion to recommit the 234 yeas to 178 nays, Roll No. 22. Pages H475–82 bill to the Committee on Ways and Means with in- Committee Resignation: Read a letter from Rep- structions to report the same to the House forthwith resentative Zoe Lofgren, wherein she resigned from with an amendment, by a yea-and-nay vote of 173 the Committee on Ethics, effective today. yeas to 228 nays, Roll No. 24. Pages H496–99 Pages H499–H500 Agreed to: Committee Leave of Absence: Read a letter from Peters amendment (No. 1 printed in the Congres- Representative Shuler wherein he notified the House sional Record of January 24, 2011) that adds lan- that he is taking a leave of absence from the Com- guage to the bill stipulating that all amounts in the mittee on Small Business. Page H500 Presidential Election Campaign Fund after the date of the enactment of the legislation shall be trans- Committee Elections: The House agreed to H. Res. ferred by the Secretary to the general fund of Treas- 62, electing Members to certain standing commit- ury only if used to reduce the deficit (by a recorded tees of the House of Representatives. Page H500 vote of 396 ayes to 7 noes, Roll No. 23). Permanent Select Committee on Intelligence— Pages H492–93, H496 Appointment: The Chair announced the Speaker’s Withdrawn: appointment of the following Members of the House Castor amendment (No. 2 printed in the Congres- to the Permanent Select Committee on Intelligence: sional Record of January 25, 2011) that was offered Representatives Ruppersberger, Thompson (CA), and subsequently withdrawn that would have trans- Schakowsky, Langevin, Schiff, Boren, Gutierrez, and ferred funds in the Presidential Election Campaign Chandler. Page H500 Fund to the Office of Justice programs to provide for Board of Regents of the Smithsonian Institu- local law enforcement costs of providing security at tion—Appointment: The Chair announced the Presidential nominating conventions; Page H493 Speaker’s appointment of the following Members of Tsongas amendment (No. 4 printed in the Con- the House to the Board of Regents of the Smithso- gressional Record of January 25, 2011) that was of- nian Institution: Representatives Sam Johnson (TX) fered and subsequently withdrawn that would have and LaTourette. Page H500

VerDate Mar 15 2010 01:48 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26JA1.REC D26JA1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D48 CONGRESSIONAL RECORD — DAILY DIGEST January 26, 2011 United States Group of the NATO Parliamen- mandant; GEN Phillip M. Breedlove, USAF, Vice tary Assembly—Appointment: The Chair an- Chief of Staff. nounced the Speaker’s appointment of the following HEALTH CARE LAW—FISCAL Members of the House to the United States Group CONSEQUENCE; COMMITTEE of the NATO Parliamentary Assembly: Representa- ORGANIZATION tive Turner, Chairman; Representatives Shimkus, Shuster, Miller (FL), Emerson, Granger, and Bili- Committee on the Budget: Held a hearing on the Fiscal rakis. Page H500 Consequences of the Health Care Law. Testimony was heard from Richard S. Foster, Chief Actuary, House Democracy Partnership—Appointment: Centers for Medicare and Medicaid Services, Depart- The Chair announced the Speaker’s appointment of ment of Health and Human Services; Dennis G. the following Members of the House to the House Smith, Secretary, Department of Health Services, Democracy Partnership: Representative Dreier, State of Wisconsin; and public witnesses. Chairman; Representatives Fortenberry, Biggert, Prior to the hearing, the Committee met for orga- Conaway, Buchanan, Boustany, Wilson (SC), nizational purposes. Committee approved an over- Roskam, Crenshaw, and Diaz-Balart. Page H500 sight plan for the 112th Congress. Director of the Congressional Budget Office— Appointment: The Chair announced the joint ap- AMERICAN WORKFORCE STATE pointment by the Speaker of the House of Rep- Committee on Education and the Workforce: Held a hear- resentatives and the President Pro Tempore of the ing on the State of the American Workforce. Testi- Senate of Dr. Douglas W. Elmendorf as Director of mony was heard from Robert F. McDonnell, Gov- the Congressional Budget Office for the term expir- ernor, State of Virginia; Douglas Holtz-Eakin, ing January 3, 2015. Page H500 former Director, CBO; and public witnesses. Joint Economic Committee—Appointment: The REGULATORY REFORM— Chair announced the Speaker’s appointment of the ADMINISTRATION VIEWS following Members of the House to the Joint Eco- Committee on Energy and Commerce: Subcommittee on nomic Committee: Representative Brady (TX), Oversight and Investigations held a hearing entitled Chairman; Representatives Burgess, Campbell, ‘‘The Views of the Administration on Regulatory Duffy, Amash, and Mulvaney. Page H501 Reform.’’ Testimony was heard from Cass Sunstein, Senate Message: Message received from the Senate Director, Office of Information and Regulatory Af- today appears on page H483. fairs, OMB. Senate Referral: S. Con. Res. 3 was referred to the ECONOMIC RECOVERY AND JOB Committee on Armed Services. Page H505 PROMOTION Quorum Calls—Votes: Three yea-and-nay votes Committee on Financial Services: Held a hearing on and one recorded vote developed during the pro- Promoting Economic Recovery and Job Creation: ceedings of today and appear on pages H481–82, The Road Forward. Testimony was heard from pub- H496, H498, and H499. There were no quorum lic witnesses. calls. COMMITTEE ORGANIZATION Adjournment: The House met at 10 a.m. and at 2:56 p.m., pursuant to the provisions of S. Con. Res. Committee on Homeland Security: Met for organizational 1, the House stands adjourned until 2 p.m. on Tues- purposes. Committee adopted its rules of procedure day, February 8, 2011. and agreed to an oversight plan for the 112th Con- gress. Committee Meetings MISCELLANEOUS MEASURES Committee on the Judiciary: Ordered reported the fol- DOD BUDGET REDUCTIONS lowing bills: H.R. 394, Federal Courts Jurisdiction Committee on Armed Services: Held a hearing on pro- and Venue Clarification Act of 2011; H.R. 398, To posed Department of Defense budget reductions and amend the Immigration and Nationality Act to toll, efficiencies initiatives. Testimony was heard from the during active-duty service abroad in the Armed following officials of the Department of Defense: Forces, the periods of time to file a petition and ap- William Lynn, Deputy Secretary; GEN Peter W. pear for an interview to remove the conditional basis Chiarelli, USA, Vice Chief of Staff; ADM Jonathan for permanent resident status; H.R. 386, Securing W. Greenert, USN, Vice Chief of Naval Operations; Aircraft Cockpits Against Lasers Act of 2011; H.R. GEN Joseph F. Dunford, Jr., USMC, Assistant Com- 368, Removal Clarification Act of 2001, and H.R.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, January 27 2 p.m., Tuesday, February 8

Senate Chamber House Chamber Program for Thursday: Senate will begin consideration Program for Tuesday: To be announced. of the rules change resolutions, and after a period of de- bate, Senators should expect a series of up to 5 roll call votes on or in relation to resolutions to change the Senate rules beginning around 7:15 p.m. (Senate will recess from 12:30 p.m. until 2:15 p.m. for the Democratic caucus meeting.)

Extensions of Remarks, as inserted in this issue

HOUSE Goodlatte, Bob, Va., E130 Paul, Ron, Tex., E128 Gardner, Cory, Colo., E121 Paulsen, Erik, Minn., E127 Barton, Joe, Tex., E132 Hall, Ralph M., Tex., E126 Petri, Thomas E., Wisc., E134 Bilirakis, Gus M., Fla., E125 Herger, Wally, Calif., E132, E135 Richardson, Laura, Calif., E132, E135 Braley, Bruce L., Iowa, E123 Hirono, Mazie K., Hawaii, E134 Ross, Mike, Ark., E130 Butterfield, G.K., N.C., E121 Holt, Rush D., N.J., E135 Schiff, Adam B., Calif., E124 Carney, John C., Jr., Del., E126 Larson, John B., Conn., E129 Shuler, Heath, N.C., E131 Chu, Judy, Calif., E123 Latham, Tom, Iowa, E122, E123, E124, E124 Clyburn, James E., S.C., E133 Lewis, Jerry, Calif., E128 Shuster, Bill, Pa., E128 Coffman, Mike, Colo., E133 Lipinski, Daniel, Ill., E127, E129, E131 Slaughter, Louise McIntosh, N.Y., E129 Costa, Jim, Calif., E125, E133 Lucas, Frank D., Okla., E115 Tierney, John F., Mass., E124 Davis, Danny K., Ill., E125, E130 Luetkemeyer, Blaine, Mo., E132 Tipton, Scott R., Colo., E124, E125, E126, E126 Fitzpatrick, Michael G., Pa., E122 Miller, Jeff, Fla., E126, E127 Towns, Edolphus, N.Y., E132 Garamendi, John, Calif., E121, E123, E126, E128, E131 Norton, Eleanor Holmes, D.C., E127 Young, C.W. Bill, Fla., E122

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